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 .
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.
Claim(s) s 1-16 & 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakoske et al. (# US 2016/0185657) in view of Sakoske et al. (# US 5714420).
Sakoske et al. (657) discloses:
1: An inkjet printable enamel ink (see Abstract) comprising:
at least one glass frit ([0090]-[0091]);
at least one pigment ([0040]);
a crystalline bismuth silicate powder ([0062]); and
an organic carrier (solvent; [0068]),
wherein the ink has a viscosity less than 30 mPa.Math.S.−1 at 100 s.sup.−1 shear rate and a temperature of 35° C (1 to 2000 centipoise; [0072])., and
wherein the ink has a total solid content, including the glass frit, pigment, and crystalline bismuth silicate powder, of no more than 60 wt % ([0064]; [0090]; [0136]).
Given that the Sakoske et al. (657) reference discloses a range of viscosity 1 to 2000 centipoise that overlap with the presently claimed range, it would have been obvious to one of ordinary skill in the art at the time of the invention to utilize any of the taught ranges, including those presently claimed, to obtain a suitable composition. It is also noted that according to MPEP 2131.03 and MPEP 2144.05, it would have been obvious to one of ordinary skill in the art at the time the invention was made to select the portion of the prior art's range which is within the range of applicant's claims because it has been held to be obvious to select a value in a known range by optimization for the best results. As to optimization results, a patent will not be granted based upon the optimization of result effective variables when the optimization is obtained through routine experimentation unless there is a showing of unexpected results which properly rebuts the prima facie case of obviousness. See In re Boesch, 617 F.2d 272, 276,205 USPQ 215, 219 (CCPA 1980). See also In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990). In addition, a prima facie case of obviousness exists because the claimed ranges "overlap or lie inside ranges disclose by the prior art", see In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976; In re Woodruff, 919 F.2d 1575, 16USPQ2d 1934 (Fed. Cir. 1990)
2: An inkjet printable enamel ink according to claim 1, wherein the crystalline bismuth silicate powder is Eulytite ([0062]).
3: The inkjet printable enamel ink according to claim 1, wherein the quantity of the crystalline bismuth silicate powder in the ink is: at least 0.05 wt %, 0.08 wt %, or 0.1 wt %; no more than 5 wt %, 2 wt %, 1 wt %, 0.5 wt %, or 0.2 wt %; or within a range defined by any combination of the aforementioned lower and upper limits ([0064]).
4: The inkjet printable enamel ink according to claim 1, wherein the viscosity of the ink is: no more than 28, 25, or 20 mPa.Math.S−1 at 100 s.sup.−1 shear rate and a temperature of 35° C.; no less than 5, 7, or 10 mPa.Math.S−1 at 100 s−1 shear rate and a temperature of 35° C.; or within a range defined by any combination of the aforementioned upper and lower limits (1 to 2000 centipoise; [0072]).
5: The inkjet printable enamel ink according to claim 1, wherein the total solid content of the ink is: no more than 58 wt %, 57 wt %, or 55 wt %; no less than 30 wt %, 35 wt %, 40 wt %, or 45 wt %; or within a range defined by any combination of the aforementioned upper and lower limits ([0064]).
7: The inkjet printable enamel ink according to claim 1, wherein the ink comprises at least two different glass frits (Zn and B frit; [0049]; [0078]-[0079]).
8: The inkjet printable enamel ink according to claim 7, wherein the two different glass frits comprise particles of a first glass frit and particles of a second glass frit, wherein the first glass frit comprises greater than 5 wt % silicon oxide (SiO2) (5 to 60%; [0078]) and less than 5 wt % boron oxide (B2O3) (0 to 25%; [0079]), and wherein the second glass frit comprises boron oxide (B2O3) and less than 5 wt % of silicon oxide (SiO2) ([0078]-[0079]).
9: The inkjet printable enamel ink according to claim 8, wherein the first glass frit comprises:
>15 to ≤ 50 wt % SiO2 (5 to 60%; [0078]);
≥40 to ≤ 80 wt % Bi2O3 (0 to 75%; [0077]);
≥0 to ≤ 5 wt % ZnO (0 to 35%; [0082]);
≥0 to ≤ 5 wt % Li2O (0 to 4%; [0087]);
≥0 to ≤ 5 wt % F (0 to 7%; [0084]);
≥0 to ≤ 5 wt % Na2O (0.1 to 13%; [0085]);
≥0 to ≤ 5 wt % CuO (metal oxide of CU; [0088]);
≥0 to ≤ 5 wt % Al2O3 (0 to 3.9%; [0080]);
≥0 to ≤ 5 wt % MnO (metal oxide of Mn; [0088]); and
≥0 to ≤ 5 wt % Fe2O3 ([0088]).
Given that the Sakoske et al. (657) reference discloses a range of SiO2, Bi2O3, ZnO, F, Na2O, CuO, MnO & Fe2O3 that overlap with the presently claimed range, it would have been obvious to one of ordinary skill in the art at the time of the invention to utilize any of the taught ranges, including those presently claimed, to obtain a suitable composition. It is also noted that according to MPEP 2131.03 and MPEP 2144.05, it would have been obvious to one of ordinary skill in the art at the time the invention was made to select the portion of the prior art's range which is within the range of applicant's claims because it has been held to be obvious to select a value in a known range by optimization for the best results. As to optimization results, a patent will not be granted based upon the optimization of result effective variables when the optimization is obtained through routine experimentation unless there is a showing of unexpected results which properly rebuts the prima facie case of obviousness. See In re Boesch, 617 F.2d 272, 276,205 USPQ 215, 219 (CCPA 1980). See also In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990). In addition, a prima facie case of obviousness exists because the claimed ranges "overlap or lie inside ranges disclose by the prior art", see In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976; In re Woodruff, 919 F.2d 1575, 16USPQ2d 1934 (Fed. Cir. 1990)
10: The inkjet printable enamel ink according to claim 8, wherein the first glass frit includes no boron oxide ([0077]-[0088]).
11: The inkjet printable enamel ink according to claim 8, wherein the second glass frit comprises:
≥40 to ≤ 70 wt % Bi2O3 (0 to 75%; [0077]);
>5 to ≤ 25 wt % B2O3 (0 to 25%; [0079]);
≥5 to ≤ 25 wt % ZnO (0 to 35%; [0082]);
≥0 to ≤ 25 wt % SnO2.(0%; [0077]-[0082])
12: The inkjet printable enamel ink according to claim 8, wherein the second glass frit includes no silicon oxide ([0078]-[0079]).
13: The inkjet printable enamel ink according to claim 8, wherein the ink comprises: 10 to 30 wt % of the first glass frit (5 to 60%; [0049]); 10 to 30 wt % of the second glass frit (5 to 60%; [0049]); 0.05 to 5 wt % of the crystalline bismuth silicate powder; 10 to 20 wt % of the pigment; and 40 to 60 wt % of the organic carrier.
14: The inkjet printable enamel ink according to claim 8, wherein a weight ratio of the first and second glass frits is in a range 0.8:1 to 1:0.8 ([0049]).
15: A method of forming an enamel coating on a substrate, the method comprising: depositing a coating of the ink as claimed in any preceding claim onto a substrate using a digital inkjet printer; and firing the coating to form an enamel coating ([0009]; [0014]; [0026]).
18: A glass frit composition suitable for use in the inkjet printable enamel ink according to claim 1, wherein the glass frit composition comprises:
>15 to ≤ 50 wt % SiO2 (5 to 60%; [0078]);
≥40 to ≤ 80 wt % Bi2O3 (0 to 75%; [0077]);
≥0 to ≤ 5 wt % ZnO, optionally >0 (0 to 35%; [0082]);
≥0 to ≤ 5 wt % Li2O, optionally >0 (0 to 4%; [0087]);
≥0 to ≤ 5 wt % F, optionally >0 (0 to 7%; [0084]);
≥0 to ≤ 5 wt % Na2O, optionally >0 (0. To 13%; [0085]);
≥0 to ≤ 5 wt % CuO, optionally >0 (metal oxide of Cu; [0088]);
≥0 to ≤ 5 wt % Al2O3, optionally >0 (0 to 3.9%; [0080]);
≥0 to ≤ 5 wt % MnO, optionally >0; (metal oxide of Mn; [0088]) and
≥0 to ≤ 5 wt % Fe2O3, optionally >0 (metal oxide of Fe; [0088]).
Given that the Sakoske et al. (657) reference discloses a range of SiO2, Bi2O3, ZnO, F, Na2O, CuO, MnO & Fe2O3 that overlap with the presently claimed range, it would have been obvious to one of ordinary skill in the art at the time of the invention to utilize any of the taught ranges, including those presently claimed, to obtain a suitable composition. It is also noted that according to MPEP 2131.03 and MPEP 2144.05, it would have been obvious to one of ordinary skill in the art at the time the invention was made to select the portion of the prior art's range which is within the range of applicant's claims because it has been held to be obvious to select a value in a known range by optimization for the best results. As to optimization results, a patent will not be granted based upon the optimization of result effective variables when the optimization is obtained through routine experimentation unless there is a showing of unexpected results which properly rebuts the prima facie case of obviousness. See In re Boesch, 617 F.2d 272, 276,205 USPQ 215, 219 (CCPA 1980). See also In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990). In addition, a prima facie case of obviousness exists because the claimed ranges "overlap or lie inside ranges disclose by the prior art", see In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976; In re Woodruff, 919 F.2d 1575, 16USPQ2d 1934 (Fed. Cir. 1990)
19: The inkjet printable enamel ink according to claim 2, wherein the quantity of the crystalline bismuth silicate powder in the ink is: at least 0.05 wt %, 0.08 wt %, or 0.1 wt %; no more than 5 wt %, 2 wt %, 1 wt %, 0.5 wt %, or 0.2 wt %; or within a range defined by any combination of the aforementioned lower and upper limits ([0062]).
20: The inkjet printable enamel ink according to claim 9, wherein the first glass frit includes no boron oxide ([0062]-[0063]).
Sakoske et al. (657) explicitly did not discloses:
1. The glass frit, pigment, and crystalline bismuth silicate powder have a d99 particle size distribution of less than 4 micrometers in the organic carrier,
6: The inkjet printable enamel ink according to claim 1, wherein d99 particle size distribution of the glass frit, pigment, and crystalline powder in the organic carrier is less than 2 micrometers.
16: The method according to claim 15, wherein deposition parameters of the digital inkjet printer are selected to provide an enamel coating with an optical density after firing of larger than 3.
Sakoske et al. (420) teaches to have the composition with excellent anti-stick properties, good consistency, chemical durability, broad temperature firing range, and low stress (column: 3, line: 1-10);
1. The glass frit, pigment, and crystalline bismuth silicate powder have a d99 particle size distribution of less than 4 micrometers in the organic carrier (range of 1 to 4 micron; column: 4, line: 12-18),
6: The inkjet printable enamel ink according to claim 1, wherein d99 particle size distribution of the glass frit, pigment, and crystalline powder in the organic carrier is less than 2 micrometers 1.8 micron; column: 4, line: 12-18).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the composition of Sakoske et al. (657) by the aforementioned teaching of Sakoske et al. (420) in order to have the composition with excellent anti-stick properties, good consistency, chemical durability, broad temperature firing range, and low stress (column: 3, line: 1-10).
With respect to claim 16, It would have been obvious to one having ordinary skill in the art at the time of invention was made to incorporate deposition parameters of the digital inkjet printer are selected to provide an enamel coating with an optical density after firing of larger than 3, since it has been held that it is not inventive to discovering and optimum value or workable ranges by routine experimentation. In re Aller, 105 USPQ 233 (CCPA1955).
Claim(s) s 17 & 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakoske et al. (# US 2016/0185657) in view of Sridharan et al. (# US 2004/0029703).
Sakoske et al. discloses all the limitation of the method except:
17: The method according to claim 15, wherein the firing temperature is in a range 500° C. to 730° C. for a time period between 2 and 20 minutes.
21: The method according to claim 16, wherein the firing temperature is in a range 500° C. to 730° C. for a time period between 2 and 20 minutes.
Sridharan et al. teaches to high quality printed image with high quality coating on glass,
A glass enamel composition according to the present invention can be fired at a temperature of from about 485.degree. C. to about 780.degree. C., and more preferably from about 520.degree. C. to about 725.degree. C., typically in about five minutes ([0021]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the method of forming coating of Sakoske et al. by the aforementioned teaching of Sridharan et al. in order to have the high quality printed image with high quality coating on glass.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(1) Prunchak et al. (# US 2008/0261795) discloses Frits, obscuration enamel compositions including frits and automotive windshields having obscuration enamel compositions applied thereto are described. According to one or more embodiments, the obscuration enamel composition comprises a paste component and a frit component having Bi.sub.2O.sub.3, SiO.sub.2 and B.sub.2O.sub.3 and being substantially free of Na.sub.2O. In other embodiments, a reducing agent is included in the frit component. Obscuration enamels of some embodiments have a total solids content of at least 80% by weight (see Abstract).
(2) Guedon et al. (# US 2021/0115281) discloses a mineral ink for inkjet printing on a mineral substrate, includes a glass frit, an organic solvent, a dispersant, a surfactant and a glass fit including the following constituents in the weight limits defined below expressed as percentages by weight of the glass frit: 35 to 50% of SiO.sub.2, 15 to 25% of Al.sub.2O.sub.3, 1.5 to 4% of Li.sub.2O, 22 to 32% of B.sub.2O.sub.3, 0 to 2% of Na.sub.2O, 2 to 5% of K.sub.2O, 1 to 5% of CaO, 1 to 4% of ZrO.sub.2 (see Abstract).
(3) Sakoske et al. (# US 5968659) discloses a ceramic enamel composition consists of an oxide frit, a bismuth silicate seed material, a pigment, and a vehicle. A preferred bismuth silicate seed material is selected from crystalline Bi.sub.12 SiO.sub.20, Bi.sub.4 (SiO.sub.4).sub.3, and Bi.sub.2 SiO.sub.5, and mixtures thereof. Upon firing a glass substrate coated with the enamel, components of the enamel adhere to the substrate. The glass can be formed with a die to a desired shape with reduced sticking of the coated region to the die. The ceramic enamel is particularly useful in providing a colored border around automotive glass, which enhances appearance and reduces degradation of adhesives by ultraviolet radiation (see Abstract).
(4) Sakoske et al. (# US 6207285) discloses a ceramic enamel composition consists of an oxide frit, a bismuth silicate seed material, a pigment, and a vehicle. A preferred bismuth silicate seed material is selected from crystalline Bi.sub.12 SiO.sub.20, Bi.sub.4 (SiO.sub.4).sub.3, and Bi.sub.2 SiO.sub.5, and mixtures thereof. Upon firing a glass substrate coated with the enamel, components of the enamel adhere to the substrate. The glass can be formed with a die to a desired shape with reduced sticking of the coated region to the die. The ceramic enamel is particularly useful in providing a colored border around automotive glass, which enhances appearance and reduces degradation of adhesives by ultraviolet radiation (see Abstract).
(5) Reinherz (# US 4892847) discloses a Lead-free glass frit compositions for use in vitreous coatings consisting essentially of SiO2 -Bi2O3 -B2O3 -alkali metal oxide-ZrO2 /TiO2 in appropriate concentrations (see Abstract).
Rehorek et al. (# US 2006/0154799)
(6) Murkens (# US 5093285) discloses a glass flux composition consisting essentially by weight of 45-65% Bi2O3, 25-36% SiO2, 4-6% B2O3, 3-6% TiO2, 1-3% Na2O, 0.5-2% K2O, 2-6% Li2O, 0-3% Al2O3, 0-1% ZrO2, 0-1% BaO, 0-1% CaO, 0-1% MgO, 0-1% ZnO, 0-3% PbO and 0-0.5% CdO is useful for preparing a glaze or enamel composition especially for application to glass such that the composition is then fired in contact with a mould surface or with another glass surface (see Abstract).
(7) Clifford et al. (# US 5200369) discloses a glass flux composition consisting essentially by weight of 45-65% Bi2O3, 25-36% SiO2, 4-6% B2O3, 3-6% TiO2, 1-3% Na2O, 0.5-2% K2O, 2-6% Li2O, 0-3% Al2O3, 0-1% ZrO2, 0-1% BaO, 0-1% CaO, 0-1% MgO, 0-1% ZnO, 0-3% PbO and 0-0.5% CdO is useful for preparing a glaze or enamel composition especially for application to glass such that the composition is then fired in contact with a mould surface or with another glass surface (see Abstract).
(8) Pfaff et al. (# US 6357868) discloses a method of decorating hard materials, especially materials which can be fired for the purpose of decoration, by means of direct or indirect printing. Printing is carried out by means of inkjet technology. According to the invention, a colour paste containing at least 30 wt. % inorganic solids, such as pigments and glass frits, and a thermoplastic medium having a melting point of at least 30.degree. C. is applied to the surface to be decorated by means of a heatable inkjet print head, which preferably additionally has a device for circulating the molten colour paste (see Abstract).
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANISH S SHAH whose telephone number is (571)272-2152. The examiner can normally be reached 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricardo Magallanes can be reached at 571-272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MANISH S. SHAH
Primary Examiner
Art Unit 2853
/Manish S Shah/Primary Examiner, Art Unit 2853