DETAILED ACTION
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) 16-29 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al. (2020/0254755) in view of Illsley (2018/0127606).
Regarding claim 16, Nakano teaches a free radical curable inkjet ink containing a colour pigment ([0119]), a photoinitiator ([0061]), and a polymerizable composition (Table 1, Ink 8), wherein
the polymerizable composition (Table 1, Ink 8) includes more than 88.0 wt% of monofunctional polymerizable compounds (Table 1, Ink 8, total of PEA, IBXA, DCPA, THFA and CTEA)) and based on the total weight of the polymerizable composition;
the polymerizable composition includes less than 12% of polyfunctional polymerizable compounds based on the total weight of the polymerizable composition (Table 1, Ink 8, note that the polyfunctional compounds account for less than 12%)
more than 13.0 wt% of monofunctional polymerizable compounds (Table 1, Ink 8, N-vinylcaprolactam) based on the total weight of the free radical curable inkjet ink have a double bond density DBD of more than 7.00
more than 35.0 wt% of a polyfunctional alkoxylated acrylate (Table 1, DPGDA) having a molecular weight MW of more than 252 based on the total weight of the polyfunctional polymerizable compounds is present ();
non-aromatic cyclic monofunctional acrylates (Table 1, CTFA) are present in an amount such that the ratio of the wt% of polyfunctional alkoxylated acrylate having a molecular weight MW of more than 310 to the wt% of non-aromatic cyclic monofunctional acrylates is larger than 0.35 (see Table 1, Note that the ratio of SR9035 to CTFA is 1).
Nakano does not teach wherein the polyfunctional alkoxylated acrylate has a molecular weight MW of more than 310 based on the total weight of the polyfunctional polymerizable compounds is present. Illsley teaches wherein DPGDA and SR9035 are obvious variants (Illsley, see Table 1, Note that one of the two polyfunctional alkoxylated acrylates can be substituted for the other. Note that SR9035 meets has a molecular weight above 310). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use SR9035 instead of DPGDA in the ink formulation disclosed by Nakano because doing so would amount to the simple substitution of one known polyfunctional alkoxylated acrylate for another to obtain predictable results.
Nakano teaches wherein wherein the polyfunctional alkoxylated acrylate is present in an amount of about 23%, not the more than 35.0 wt% required by the claims. However, according to MPEP 2144.05, where the general conditions of a claim are present in the prior art, it is not inventive to arrive at optimum or workable ranges through routine experimentation. Here, it would appear that the claimed range is just a slight modification of that disclosed by Nakano and arrived at through routine experimentation.
Regarding claim limitations regarding the double bond density of the polymerizable composition, all limitations are being rejected as inherent in the prior art reference. That is, because all other claimed elements are present in the claimed ranges and ratios, it follows that the double bond density relation claimed is also met. Further, the formulation of the prior art composition mirrors that disclosed in the specification of the immediate application, and thus the double bond density formula and claimed range are necessarily met by the disclosure in the prior art.
Regarding claim 17, Nakano in view of Illsley teaches the free radical curable inkjet ink of claim 16, wherein the polyfunctional alkoxylated acrylate having a molecular weight MW of more than 310 includes 80 to 100 wt% of a difunctional acrylate based on the total weight of the poly functional alkoxylated acrylate having a molecular weight MW of more than 310 (Nakano, Note that SR9035 meets the limitation).
Regarding claim 18, Nakano in view of Illsley teaches the free radical curable inkjet ink of claim 16, wherein the polyfunctional alkoxylated acrylate having a molecular weight MW of more than 310 has a molecular weight MW between 400 and 1000 (Nakano, Note that SR9035 meets the limitation).
Regarding claim 19, Nakano in view of Illsley teaches the free radical curable inkjet ink of claim 16, wherein the free radical curable inkjet ink is a UV LED curable free radical curable inkjet ink for UV LED sources having a spectral emission in the range of 360 to 420 nm (Nakano, [0013]).
Regarding claim 20, Nakano teaches the free radical curable inkjet ink of claim 19, wherein the photoinitiator includes an acylphosphine oxide photoinitiator in an amount of more than 5.0 wt% based on the total weight of the free radical curable inkjet ink (Nakano, [0083]).
Regarding claim 21, Nakano in view of Illsley teaches the free radical curable inkjet ink of claim 16 containing more than 43.0 wt% of a polyfunctional alkoxylated acrylate having a molecular weight MW of more than 310 based on the total weight of the poly functional polymerizable compounds (Nakano, Table 1).
Regarding claim 22, Nakano in view of Illsley teaches the free radical curable inkjet ink of claim 16 containing more than 40 wt% of aromatic monofunctional monomer based on the total weight of the free radical curable inkjet ink (Nakano, see Table 1).
Regarding claim 23, Nakano in view of Illsley teaches the free radical curable inkjet ink of claim 22, wherein the aromatic monofunctional monomer includes phenoxyethyl acrylate (Nakano, [0083]).
Regarding claim 24, Nakano in view of Illsley teaches the free radical curable inkjet ink of claim 16 containing 14.0 to 24.0 wt% of a monofunctional polymerizable compound having a double bond density DBD of more than 7.00 (Nakano, Table 1, note that NVC is contained in 15%).
Regarding claim 25, Nakano in view of Illsley teaches the free radical curable inkjet ink of claim 16, wherein the monofunctional polymerizable compound having a double bond density DBD of more than 7.00 is N-vinyl methyl oxazolidinone or N-vinyl caprolactam (Nakano, Table 1).
Regarding claim 26, Nakano in view of Illsley teaches a free radical curable inkjet ink set including at least three free radical curable inkjet inks as defined in claim 16 (Nakano, see Table 1).
Regarding claim 27, Nakano in view of Illsley teaches the free radical curable inkjet ink set of claim 26 including: a) a cyan free radical curable inkjet ink containing a beta-copper phthalocyanine pigment ([0121]); b) a magenta or red free radical curable inkjet ink containing a quinacridone pigment ([0121]), a diketopyrrolopyrrole pigment, or mixed crystals thereof ([0121]); a yellow free radical curable inkjet ink containing a yellow pigment selected from the group consisting of C.1. Pigment Yellow 83, C.I. Pigment Yellow 93, C.I. Pigment Yellow 97, C.I. Pigment Yellow 110, C.I. Pigment Yellow 120, C.I. Pigment Yellow 138,C.I. Pigment Yellow 150, C.I. Pigment Yellow 151, C.I. Pigment Yellow 154, C.I. Pigment Yellow 155, C.1. Pigment Yellow 175, C.I. Pigment Yellow 180, C.I. Pigment Yellow 181, C.I. Pigment Yellow 185, C.I. Pigment Yellow 194, C.L Pigment Yellow 213, C.I. Pigment Yellow 214 ([0124]), and mixed crystals thereof; and d) a black free radical curable inkjet ink containing a carbon black pigment (Nakano, [0122]).
Regarding claim 28, Nakano in view of Illsley teaches an inkjet device including the inkjet ink set of claim 26 and UV LED sources having a spectral emission in the range of 360 - 420 nm (Nakano, [0013]).
Regarding claim 29, Nakano in view of Illsley teaches an inkjet device including the inkjet ink set of claim 27 and UV LED sources having a spectral emission in the range of 360 - 420 nm (Nakano, [0013]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 16 have been considered but are moot in light of the new ground(s) of rejection.
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.
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/ALEJANDRO VALENCIA/Primary Examiner, Art Unit 2853
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