DETAILED ACTION
Election/Restrictions
Claims 30 and 31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/20/2025. Applicant traverses on the basis that searching both inventions would likely overlap, but after having searched the invention according to claims 16-29, searching a second invention with specifics of a “backlit film,” which is not disclosed by the art turned up for the initial search, Examiner can state that another search would be required for the invention according to claims 30 and 31.
The standing Requirement is maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim recites wherein “the polymerizable composition includes more than 88.0% wt% or monofunctional polymerizable compounds…[and] more than 35.0% wt of a polyfunctional alkoxylate acrylate…” It is not understood how this can be. That is, the two quantities would seem to be mutually exclusive, and thus they would not seem to be able to add up to more than 100%.
Further, the claim recites wherein a number of components “are present” in certain weight percentages, but it is not clear as to what compositions those percentages are intended to refer. That is, the claim recites a number of components, and thus to simply state that another component is “present” in a certain amount without tying it to a specific greater composition in which it is present renders the claim indefinite.
Further, the claim recites wherein the polyfunctional alkoxylated acrylate has a molecular weight…based on a total weight of the polyfunctional polymerizable compounds, but it would seem that the molecular weight of a compound does not change depending on what such a compound is part of.
Clarification is required.
Because all other claims depend from claim 16, they are also rejected on this basis.
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).
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,), wherein
the polymerizable composition (Table 1) includes more than 88.0 wt% of monofunctional polymerizable compounds (Table 1) and based on the total weight of the polymerizable composition;
more than 13.0 wt% of monofunctional polymerizable compounds (Table 1, Ink 5, N-vinylcaprolactam) have a double bond density DBD of more than 7.00 based on the total weight of the free radical curable inkjet ink (note that N-caprolactam has a DBD of 7.19, and note that N-vinylcaprolactam is 15% of the total weight of the mixture);
more than 35.0 wt% of a polyfunctional alkoxylated acrylate (Table 1, CN991) having a molecular weight MW of more than 310 based on the total weight of the polyfunctional polymerizable compounds is present (note that the molecular weight of Sartomer’s CN991 meets the limitation);
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 CN991 to CTFA is 1).
Regarding claim limitations regarding the double bond density, 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.
Regarding claim 17, Nakano 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 (Note that CN991 meets the limitation).
Regarding claim 18, Nakano 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 (Note that CN991 meets the limitation).
Regarding claim 19, Nakano 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 ([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 ([[83]).
Regarding claim 21, Nakano 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 (Table 1).
Regarding claim 22, Nakano 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 (see Table 1).
Regarding claim 23, Nakano teaches the free radical curable inkjet ink of claim 22, wherein the aromatic monofunctional monomer includes phenoxyethyl acrylate ([0083]).
Regarding claim 24, Nakano 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 (Table 1, note that NVC is contained in 15%).
Regarding claim 25, Nakano 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 (Table 1).
Regarding claim 26, Nakano teaches a free radical curable inkjet ink set including at least three free radical curable inkjet inks as defined in claim 16 (see Table 1).
Regarding claim 27, Nakano 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 ([0122]).
Regarding claim 28, Nakano 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 ([0013]).
Regarding claim 29, Nakano 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 ([0013]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEJANDRO VALENCIA whose telephone number is (571)270-5473. The examiner can normally be reached M-F.
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, DOUGLAS X. RODRIGUEZ can be reached at 571-431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEJANDRO VALENCIA/ Primary Examiner, Art Unit 2853