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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 1/13/2026 is acknowledged.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 and 6-8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Nishitani et al, US Patent Publication 2017/0232760.
Regarding claim 1, Nishitani teaches a process for de-wetting [0145-0154] comprising:
compressing a de-wetting sheet layer between a wetted fibrous layer (absorbing layer [0157]) and a felt layer (support layer [0157]) at a compressing pressure for a compressing time period, during which the de-wetting sheet layer is in a compressed state (pressed between the wetted fibrous layer and the felt layer [0157-0165] and [0214]); and
decompressing the de-wetting sheet layer, the wetted fibrous layer, and the felt layer, during which the de-wetting sheet layer is in a decompressed state [0214 and 0241-0246]; wherein:
in the compressed state of the de-wetting sheet layer [0145 and 0214]:
liquid is allowed to flow therethrough such that the liquid is transferred from the wetted fibrous layer to the felt layer through the de-wetting sheet layer [0241]; and
a thickness and/or a stiffness of the de-wetting sheet layer is sufficient to preserve a void volume between the wetted fibrous layer and the felt layer [0194-0197];
and in the decompressed state of the de-wetting sheet layer [0214 and 0145]:
the liquid is prevented from flowing therethrough [0145 and 0165].
Regarding claim 2, Nishitani remains as applied above and further teaches that in the decompressed state of the de-wetting sheet layer, liquid is prevented from flowing through the de-wetting sheet layer [0165] by severing a liquid film in the de-wetting sheet layer [0185, 0194, and 0214].
Regarding claim 3, Nishitani remains as applied above and further teaches that the wetted fibrous layer and the felt layer comprise hydrophilic material (water absorbing [0145]); and wherein the de-wetting sheet layer comprises hydrophobic material [0153].
Regarding claim 4, Nishitani remains as applied above and further teaches that at least one of: the de-wetting sheet layer comprises a polymer; or the de-wetting sheet layer comprises a surface layer having a functional surface modification [0165].
Regarding claim 6, Nishitani remains as applied above and further teaches that the compressing time period is from approximately 1 millisecond to approximately 15 seconds [0243].
Regarding claim 7, Nishitani remains as applied above and further teaches that the thickness of the de-wetting sheet layer is sufficient to prevent rewetting of liquid transferring from the felt layer to the wetted fibrous layer when the de-wetting sheet layer is in the decompressed state ([0162] teaches a thickness of up to 50 microns with the intention on using it for the first transfer and includes the second layer to prevent the absorbed liquid from flowing back [0165]).
Regarding claim 8, Nishitani remains as applied above and further teaches that the thickness of the de-wetting sheet layer has a thickness is from approximately 50 µm to approximately 500 µm [0162]; and wherein the de-wetting sheet layer comprises pores having a mean pore size from approximately 50 µm to approximately 500 µm (implied by the teaching of having a porous layer the an overall layer that can be 50 microns, it is inferred that the mean pore size would have to be less than 50 microns [0162-0165]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nishitani et al, US Patent Publication 2017/0232760.
Regarding claims 10-13, Nishitani teaches a preferred compression pressure of 1-30 kg/cm squared which equated to an upper end of 2.94 MPa [0244], which meets the claimed requirements of less than 10 MPa. While there is not a direct measurement provides for the pores at a compressed, decompressed, and additional compressed state at 10 MPA, Nishitani does teaches that the pore structure of the transfer process is actively controlled by the selection of the materials [0194-0196 and 0163-0165] for a known and controlled transfer of ink and materials through the layers in a known and controlled manner [0194-0196]. Nishitani further teaches the use of nylon as the material in question [0242] which is a preferred material from the instant specification.
It would have been obvious to one of ordinary skill in the art at the time of then invention that the materials selected would have the desired pore volume in the different compressed states as claimed as both the reference and instant application utilize the same material under the same operating parameters. It is elementary that a mere recitation of newly discovered function or property, inherently possessed by the things in the prior art, does not cause a claim drawn to those things to distinguish over the prior art (In re Swinehart et al, 169 USPQ 226 at 229). There would have been an obvious and expected showing of the same physical properties as the intend behind the reference is the same with the same materials, even if the numbers to the properties are not expressly given.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB T MINSKEY whose telephone number is (571)270-7003. The examiner can normally be reached M-F 8-6 PM.
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JACOB T. MINSKEY
Examiner
Art Unit 1741
/JACOB T MINSKEY/Primary Examiner, Art Unit 1748
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