DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 12/12/2025 have been fully considered but they are not persuasive.
Applicant argues that Yoshino teaches the 1,6-Hexandiol diacrylate and benzyl acrylate, Table 1, Example 8 to total 56.5 mass%. Examiner notes this calculation is correct but that Yoshino further teaches polymerizable compound (A) capable of dissolving a polycarbonate substrate in an amount more preferably 40% by mass or more, based on the total amount of the polymerizable compound composition, [0054]. Yoshino teaches to provide good strength, the amount of the polyfunctional polymerizable compound (C) is more preferably 20% by mass or more, [0049]. Thus, Yoshino teaches at least some embodiment of 60% by mass of A + C.
Applicant argues that “[e]ven if the amount of benzyl (meth)acrylate in Mizutani could be increased to the upper limit of 65% by mass with respect to the total amount of the ink jet composition, the total content of the difunctional (meth)acrylate and the benzyl (meth)acrylate still remains below the required 95% by mass with respect to the total amount of the polymerizable compounds,” but this is not found persuasive. The primary reference (Yoshido) teaches benzyl acrylate to be 40% by mass or more [0054], but the secondary reference (Mutzutani) teaches benzyl acrylate to be 20 to 65% by mass in the photocurable ink composition for inkjet printing, [0017]. One of ordinary skill in the art before the effective filing date of the present application to vary the amount of benzyl acrylate in the composition of Yoshino to achieve the claimed total content of the difunctional (meth)acrylate and the benzyl (meth)acrylate is 95% by mass or more with respect to a total amount of polymerizable compounds in order to improve stretchability of cured films, see Mutzutani [0030].
Applicant argues that Mutzutani teaches away from the claimed values, but this is not found persuasive. Mutzutani teaches that not to increase the content of benzyl acrylate over 65% by mass. However, the instant application claims 1 and 10 allow for 55-70% benzyl acrylate and 15-30% difunctional (meth)acrylate, which substantially overlaps with the values taught by Mutzutani.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 6/09/2023. It is noted, however, that applicant has not filed a certified copy of the JP 2023-100362 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-4, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2017/0015850 A1) in view of Mutzutani (US 2012/0270018 A1).
Regarding claim 1, Yoshino meets the claimed active energy ray-curable ink jet ink, (active energy ray curable composition can be used for inkjet inks [0028]) comprising: a difunctional (meth)acrylate having a linear or branched alkylene group having 5 to 9 carbon atoms; (1,6-Hexandiol diacrylate, Table 1, Example 8. Examiner notes it is a difunctional diacrylate with a 6 carbon atom linear alkylene group) benzyl (meth)acrylate; (benzyl acrylate [0031] and Table 1, Example 8. Examiner notes that the instant specification defines “(meth)acrylate” is a concept including both acrylate and methacrylate, see [0045]) and a colorant, (Colorant: carbon black, Table 1, Example 8)
wherein a total content of the difunctional (meth)acrylate and the benzyl (meth)acrylate is 60% by mass or more with respect to a total amount of the active energy ray-curable ink jet ink. (Table 1, Example 8 teaches 25 parts by mass 1,6-Hexandiol diacrylate (C) and 40 parts by mass benzyl acrylate (A) which totals to 56.5% by mass of the composition. Yoshino further teaches polymerizable compound (A) capable of dissolving a polycarbonate substrate in an amount more preferably 40% by mass or more, based on the total amount of the polymerizable compound composition, [0054]. Yoshino teaches to provide good strength, the amount of the polyfunctional polymerizable compound (C) is more preferably 20% by mass or more, [0049]. Thus, Yoshino teaches at least some embodiment of 60% by mass of A + C.)
Yoshino does not teach wherein the total content of the difunctional (meth)acrylate and the benzyl (meth)acrylate is 95% by mass or more with respect to a total amount of polymerizable compounds.
Yoshino teaches Table 1, Example 8 teaches 25 parts by mass 1,6-Hexandiol diacrylate and 40 parts by mass benzyl acrylate, which totals to 65 % by mass of the polymerizable compounds (A + B + C).
Muzutani teaches Table 1, Example 8 teaches 40 % by mass benzyl methacrylate as [0085] V#160, and 1,6-hexanediol diacrylate, to make Yellow Concentrated Based [0095], Table 1, Example 8 present at 15% by mass. Mutzutani teaches 1,6-hexane di(meth)acrylate to be present in CN371, [0042], present in Example 8 at 6% by mass. Thus, the total is 61% by mass of the composition.
Mutzutani further teaches the content of the benzyl acrylate is 20 to 65% by mass in the photocurable ink composition for inkjet printing, [0017].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to vary the amount of benzyl acrylate in the composition of Yoshino to achieve the claimed total content of the difunctional (meth)acrylate and the benzyl (meth)acrylate is 95% by mass or more with respect to a total amount of polymerizable compounds in order to improve stretchability of cured films, see Mutzutani [0030].
Regarding claim 3, Yoshino does not meet the claimed active energy ray-curable ink jet ink according to claim 1, wherein a mass ratio of a content of the benzyl (meth)acrylate to a content of the difunctional (meth)acrylate is from 2.0 to 5.0.
Yoshino teaches Table 1, Example 8 teaches 40% by mass benzyl acrylate and 25% by mass 1,6-Hexandiol diacrylate, which is a ratio of 1.6.
Muzutani teaches Table 1, Example 8 teaches 40 % by mass benzyl methacrylate as [0085] V#160, and 1,6-hexanediol diacrylate, to make Yellow Concentrated Based [0095], Table 1, Example 8 present at 15% by mass. Mutzutani teaches 1,6-hexane di(meth)acrylate to be present in CN371, [0042], present in Example 8 at 6% by mass. Thus, the ratio is 1.90.
Mutzutani further teaches the content of the benzyl acrylate is 20 to 65% by mass in the photocurable ink composition for inkjet printing, [0017].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to vary the amount of benzyl acrylate in the composition of Yoshino to achieve the claimed mass ratio of a content of the benzyl (meth)acrylate to a content of the difunctional (meth)acrylate is from 2.0 to 5.0 in order to improve stretchability of cured films, see Mutzutani [0030].
Regarding claim 4, Yoshino does not meet the claimed energy ray-curable ink jet ink according to claim 1, wherein a content of the benzyl (meth)acrylate is 50% by mass or more with respect to the total amount of the active energy ray-curable ink jet ink.
Yoshino teaches polymerizable compound (A) 40% by mass or more, [0054].
Mutzutani further teaches the content of the benzyl acrylate is 20 to 65% by mass in the photocurable ink composition for inkjet printing, [0017].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to vary the amount of benzyl acrylate in the composition of Yoshino to achieve the claimed a content of the benzyl (meth)acrylate is 50% by mass or more in order to improve stretchability of cured films, see Mutzutani [0030].
Claim(s) 5, 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2017/0015850 A1) in view of Yoshino ‘481 (US 2015/0077481 A1).
Regarding claim 5, Yoshino does not teach active energy ray-curable ink jet ink according to claim 1, wherein a surface tension is from 23 mN/m to 26 mN/m.
Yoshino ‘481 teaches a inkjet ink composition including benzyl(meth)acrylate [0033], Where the static surface tension of the active energy ray-curable ink of the present invention at 25C is preferably 20 mN/m to 40 mN/m, more preferably 28 mN/m to 35 mN/m.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to vary the surface tension of the Yoshino as taught by Yoshino ‘481 to meet the claimed from 23 mN/m to 26 mN/m in order to optimize the ejection of the ink as an inkjet composition, see [0067].
Regarding claim 6, Yoshino meets the claimed active energy ray-curable ink jet ink according to claim 1, further comprising: a silicone-based surfactant. (silicone-based surfactants, [0086]).
Regarding claim 8, Yoshino meets the claimed an image recording method, comprising: applying the active energy ray-curable ink jet ink according to claim 1 onto a substrate by an ink jet recording method; and irradiating the applied active energy ray-curable ink jet ink with an active energy ray to record an image. (forming a coated film (image) of the active energy ray curable composition on a substrate by an inkjet discharge device and emitting ultraviolet ray to the coated film formed on the substrate to cause the coated film to rapidly cure.[0116])
Regarding claim 10, Yoshino as modified does not explicitly meet the claimed active energy ray-curable ink jet ink according to wherein a content of the benzyl (meth)acrylate is from 55% to 70% by mass with respect to the total amount of the active energy ray-curable ink jet ink.
Mutzutani further teaches the content of the benzyl acrylate is 20 to 65% by mass in the photocurable ink composition for inkjet printing, [0017].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to vary the amount of benzyl acrylate in the composition of Yoshino to achieve the claimed total content of the benzyl (meth)acrylate is 55% to 70% by mass or more with respect to a total amount of polymerizable compounds in order to improve stretchability of cured films, see Mutzutani [0030].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2017/0015850 A1) in view of Wetjens (US 2009/0246403 A1).
Regarding claim 7, Yoshino meets the claimed active energy ray-curable ink jet ink according to claim 6, wherein: the silicone-based surfactant contains a polyether structure and a polysiloxane structure, and a mass ratio of a content of the polysiloxane structure to a content of the polyether structure is 0.6 or less.
Yoshino teaches silicone-based surfactants, [0086].
Wetjens teaches an acrylate ink for inkjet printing and radiation curing [0008] including a diacrylate and 0.7 weight % TegoRad 2250, Example 3 and 4, [0041], [0042]. Examiner notes that the instant specification discloses TegoRad 2250 to meet the claimed silicone-based surfactant contains a polyether structure and a polysiloxane structure, and a mass ratio of a content of the polysiloxane structure to a content of the polyether structure is 0.6 or less. See, paragraph [0271], Example 11.
The courts have held that simple substitution of one known element for another to obtain predictable results would have been obvious to one of ordinary skill in the art before the effective filing date of the present application, see MPEP § 2143(I).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to substitute the TegoRad 2250 surfactant of Wetjens for the generic silicone surfactant of Yoshino because it provides the predictable results of functioning as an effective surfactant in an inkjet ink and to fine tune the spread of the ink before it is actually cured, see Wetjens [0016].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2017/0015850 A1) in view of Otake (US 2016/0280948 A1).
Regarding claim 9, Yoshino meets the claimed manufacturing method of a molded body, comprising: applying the active energy ray-curable ink jet ink according to claim 1 onto a substrate by an ink jet recording method; irradiating the applied active energy ray-curable ink jet ink with an active energy ray to record an image; . (forming a coated film (image) of the active energy ray curable composition on a substrate by an inkjet discharge device and emitting ultraviolet ray to the coated film formed on the substrate to cause the coated film to rapidly cure [0116]).
Yoshino does not teach molding the substrate on which the image has been recorded to manufacture a molded body.
Otake teaches molding the substrate on which the image has been recorded to manufacture a molded body. (Otake teaches an ink composition including reactive functional group is a (meth)acryloyl group [0014] application of the composition is performed by an inkjet method [0028] various molding methods such as compression molding [0231]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to use the inkjet composition and method of printing of Yoshio with the compression molding step of Otake because the production method can be favorably applied to the production of a plurality of types of shaped articles having different shapes and sizes, see [0233].
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yausa (US 20230312957 A1) teaches [0001] an aqueous ink an ink cartridge and an ink jet recording method. [0034] The resin used as the resin dispersant may be an acrylic resin, a urethane resin or a urea resin.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M. ROBINSON whose telephone number is (571)270-0467. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Zhao can be reached at (571)270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL M. ROBINSON/Primary Examiner, Art Unit 1744