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 .
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 15 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 is rejected because it is not clear if the claim is complete. The claim ends with a comma.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-5, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DISPERBYK-2096 (appears on PTO-892).
DISPERBYK-2096 is a VOC-free and solvent free-wetting and dispersing additive of polar acidic esters of high molecular weigh alcohol with an acid value of 40 mg KOH/g and is known as a polyvinyl alcohol-polyacrylic acid copolymer (see product sheet and Applicant’s specification).
Accordingly, DISPERBYK-2096 meeting all the limitations of the claims anticipates the claims.
Claims 1-3, 6 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DISPERBYK-2015 (appears on PTO-892).
DISPERBYK-2015 is a VOC and solvent free wetting and dispersing additive for aqueous coatings and inks. The product is a structured acrylate copolymer with pigment-affinic groups and has an acid value of 10 mg KOH/g (see product sheet and Applicant’s specification).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over KATO (US 20110073004 in view of DISPERBYK-190, 2015 and 2096 data sheets (all appear on PTO-892).
Kato teaches a water based ink for ink-jet recording comprising C.I. pigment Red 122 (magenta) , water and a water-soluble organic solvent (see abstract; para 0016). The pigment in the water based ink is 0.1 to 20 % by weight (see para 0017). A colorant other than the pigment may be present (see para 0018) The water soluble organic solvent includes a humectant and the humectant may be polyvalent alcohols such as polyalkylene glycols or alkylene glycols (see para 0020-0021). A penetrant such as a glycol ether may be present (see para 0023) and is present in an amount up to 20 % by weight (see para 0024). Additional conventional additives may be present if necessary, such as viscosity-adjusting agents (binders) (see para 0028).
Kato exemplifies a composition comprising the following method: Magenta pigment (C.I. Pigment Red 122) 10 parts by weight, “DISPERBYK (trade name) 190” 6 parts by weight (has an acid value of 10 mg KOH/g see product data sheet), glycerol 14 parts by weight, and water 70 parts by weight were mixed, then dispersion treatment was performed in a wet sand mill using zirconia beads with a diameter of 0.3 mm as a medium to obtain a magenta pigment dispersion. Then, water 19 parts by weight, glycerol 23 parts by weight, dipropylene glycol 5 parts by weight, dipropylene glycol n-propyl ether 2 parts by weight, and “SUNNOL (trade name) NL-1430” 1 part by weight were mixed to prepare an ink solvent 50 parts by weight. The prepared ink solvent 50 parts by weight was then gradually added to the magenta pigment dispersion 50 parts by weight under stirring and the components were mixed for 30 minutes. The mixture thus obtained was then filtrated through a cellulose acetate membrane filter; and thus water-based inks for ink-jet recording were obtained (see para 0061). Kato meets the limitations of the claims other than the differences that are set forth below.
Kato does not specifically teach that the dispersant is a copolymer of a polymer alcohol and an ester or an acrylic dispersant. However, it would have been obvious to one of ordinary skill in the art to replace DISPERBYK-190 with DISPERBYK 2015 or DISPERBYK 2096 because it is prima facie obvious to replace one VOC solvent free wetting and dispersing additive for aqueous coating systems or printing inks with another VOC and solvent free wetting and dispersing additive for aqueous coating systems or printing inks.
With respect to claim 8, Kato does not specifically teach that the pigment is a quinacridone pigment. However, it is well known that C.I. Pigment 122 is a quinacridone pigment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEPHIA D TOOMER whose telephone number is (571)272-1126. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6368. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CEPHIA D TOOMER/Primary Examiner, Art Unit 1771 18726531/20260803
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