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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyano (2018/0371276) (hereinafter Miyano) in view of Nakashima et al. (WO 2022030261 A1) (hereinafter Nakashima et al.).
Regarding Claim 1, Miyano teaches an actinic radiation-curable inkjet ink
[Paragraphs 0011-0012], comprising: a polymerizable compound (A) that polymerizes
upon irradiation with actinic radiation [Paragraphs 0012-0014, 0031, 0049-0050]; a
photopolymerization initiator (B) [Paragraphs 0012, 0014]; and a gelling agent (C) [Paragraph 0016], wherein the polymerizable compound (A) contains an amine-
modified polymerizable compound (A1) [Paragraphs 0049-0050, 0065], , and a content of the amine-modified polymerizable compound (Al) is more than 0% by mass and 3% by mass or less based on a total mass of the inkjet ink.
Miyano fails to explicitly teach the photopolymerization initiator (B)
contains ethoxy (2,4,6-(trimethylbenzoyl)phenylphosphine oxide.
Nakashima et al. teaches the photopolymerization initiator (B)
contains ethoxy (2,4,6-(trimethylbenzoyl)phenylphosphine oxide [Abstract and Description of Embodiments, Requirement C].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the photopolymerization initiator (B)
contains ethoxy (2,4,6-(trimethylbenzoyl)phenylphosphine oxide as taught by Miyano as modifed by Nakashima et al. is for the purposes of providing a actinic radiation-curable inkjet ink that is scratch resistant [Description of Embodiments, Requirement C].
Regarding Claim 2, Miyano as modified by Nakashima teaches the actinic radiation-curable inkjet ink [Miyano, Paragraphs 0011-0016, 0031, 0049-0050, and 0065 and Nakashima et al., Abstract and Description of Embodiments, Requirement C].
Nakashima et al. fails to teach wherein a content of the photopolymerization initiator (B) is 3% by mass or more and 10% by mass or less based on [[a]] the total mass of the inkjet ink.
Miyano further teaches wherein a content of the photopolymerization initiator (B) is 3% by mass or more and 10% by mass or less based on [[a]] the total mass of the inkjet ink [Paragraph 0057].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein a content of the photopolymerization initiator (B) is 3% by mass or more and 10% by mass or less based on the total mass of the inkjet ink as taught by Miyano as modifed by Nakashima et al. is for the purposes of providing an actinic radiation-curable inkjet ink that is excellent curability [Paragraph 0010].
Regarding Claim 3, Miyano as modified by Nakashima teaches the actinic radiation-curable inkjet ink [Miyano, Paragraphs 0011-0016, 0031, 0049-0050, and 0065 and Nakashima et al., Abstract and Description of Embodiments, Requirement C].
Nakashima et al. fails to teach wherein the content of the amine-modified polymerizable compound (Al) is more than 0.01% by mass or more and 2% by mass or less based on the total mass of the inkjet ink.
Miyano further teaches wherein the content of the amine-modified polymerizable compound (Al) is more than 0.01% by mass or more and 2% by mass or less based on the total mass of the inkjet ink [Paragraphs 0068].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the content of the amine-modified polymerizable compound (Al) is more than 0.01% by mass or more and 2% by mass or less based on the total mass of the inkjet ink as taught by Miyano as modifed by Nakashima et al. is for the purposes of providing an actinic radiation-curable inkjet ink that is excellent curability [Paragraph 0010].
Regarding Claim 4, Miyano as modified by Nakashima teaches the actinic radiation-curable inkjet ink [Miyano, Paragraphs 0011-0016, 0031, 0049-0050, and 0065 and Nakashima et al., Abstract and Description of Embodiments, Requirement C].
Nakashima et al. fails to teach wherein a ratio of the content of the amine-modified polymerizable compound (Al) to a content of the photopolymerization initiator (B) is more than 0 and 8 or less, the ratio being a ratio (A1/B).
Miyano fails to explicitly teach wherein a ratio of the content of the amine- modified polymerizable compound (A1) to a content of the photopolymerization initiator (B) is more than 0 and 8 or less, the ratio being a ratio (A1/B).
Miyano further teaches the content of the amine-modified polymerizable compound (A1) is 0.5% to 10%, more preferably 0.5% to 6% [Paragraph 0068] and the content of the photopolymerization initiator (B) is 0.01% to 10%, more preferably 2% to 8% [Paragraph 0057]. Using the above-mentioned range, a ratio of the content of amine-modified polymerizable compound (A1) to a content of the photopolymerization initiator (B) is 0.25 to 0.75, which is more than 0 and less than 8.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein a ratio of the content of the amine- modified polymerizable compound (A1) to a content of the photopolymerization initiator (B) is more than 0 and 8 or less, a ratio being a ratio (A1/B) as taught by Miyano as modifed by Nakashima et al. is for the purposes of providing an actinic radiation-curable inkjet ink that is excellent storage stability [Paragraph 0010].
Regarding Claim 5, Miyano as modified by Nakashima teaches the actinic radiation-curable inkjet ink [Miyano, Paragraphs 0011-0016, 0031, 0049-0050, and 0065 and Nakashima et al., Abstract and Description of Embodiments, Requirement C].
Nakashima et al. fails to teach wherein a ratio of the content of the amine-modified polymerizable compound (Al) to a content of the photopolymerization initiator (B) is more than 0 and 2 or less, the ratio being a ratio (A1/B).
Miyano fails to explicitly teaches wherein a ratio of the content of the amine- modified polymerizable compound (A1) to a content of the photopolymerization initiator (B) is more than 0 and 2 or less, the ratio being a ratio (A1/B).
Miyano further teaches the content of the amine-modified polymerizable compound (A1) is 0.5% to 10%, more preferably 0.5% to 6% [Paragraph 0068] and the content of the photopolymerization initiator (B) is 0.01% to 10%, more preferably 2% to 8% [Paragraph 0057]. Using the above-mentioned range, a ratio of the content of amine-modified polymerizable compound (A1) to a content of the photopolymerization initiator (B) is 0.25 to 0.75, which is more than 0 and less than 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein a ratio of the content of the amine- modified polymerizable compound (A1) to a content of the photopolymerization initiator (B) is more than 0 and 2 or less, the ratio being a ratio (A1/B) as taught by Miyano as modifed by Nakashima et al. for the purposes of providing an actinic radiation-curable inkjet ink that is excellent storage stability [Paragraph 0010].
Regarding Claim 6, Miyano as modified by Nakashima teaches the actinic radiation-curable inkjet ink [Miyano, Paragraphs 0011-0016, 0031, 0049-0050, and 0065 and Nakashima et al., Abstract and Description of Embodiments, Requirement C].
Nakashima et al. fails to teach wherein a content of the gelling agent (C) is 0.5% by mass or more and 10% by mass or less based on the total mass of the inkjet ink.
Miyano further teaches wherein a content of the gelling agent (C) is 0.5% by mass or more and 10% by mass or less based on the total mass of the inkjet ink [Paragraphs 0016 and 0018].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein a content of the gelling agent (C) is 0.5% by mass or more and 10% by mass or less based on the total mass of the inkjet ink as taught by Miyano and Nakashima et al. is for the purposes of suppressing blooming in the gelling agent [Paragraph 0027].
Regarding Claim 7, Miyano as modified by Nakashima teaches the actinic radiation-curable inkjet ink [Miyano, Paragraphs 0011-0016, 0031, 0049-0050, and 0065 and Nakashima et al., Abstract and Description of Embodiments, Requirement C].
Miyano further teaches wherein the photopolymerization initiator (B) contains bis(2,4,6- (trimethylbenzoyl)phenylphosphine oxide or diphenyl(2,4,6- (trimethylbenzoyl)phenylphosphine oxide [Paragraph 0054].
Nakashima et al. further teaches wherein the photopolymerization initiator (B) contains bis(2,4,6- (trimethylbenzoyl)phenylphosphine oxide or diphenyl(2,4,6- (trimethylbenzoyl)phenylphosphine oxide [Abstract and Description of Embodiments, Requirement C].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the photopolymerization initiator (B) contains bis(2,4,6- (trimethylbenzoyl)phenylphosphine oxide or diphenyl(2,4,6- (trimethylbenzoyl)phenylphosphine oxide as taught by Miyano as modifed by Nakashima et al. is for the purposes of providing an actinic radiation-curable inkjet ink that is excellent storage stability [Miyano, Paragraph 0010 and Nakashima et al., Abstract and Description of Embodiments, Requirement C].
Regarding Claim 8, Miyano as modified by Nakashima teaches a method for producing a cured film [Miyano, Paragraphs 0011-0016, 0031, 0049-0050, and 0065 and Nakashima et al., Abstract and Description of Embodiments, Requirement C].
Nakashima et al. fails to teach the method comprising: applying the inkjet ink according to claim 1 to a base material; and irradiating the applied inkjet ink with actinic radiation.
Miyano further teaches the method comprising: applying the inkjet ink according to claim 1 to a base material [Paragraphs 0024-0025]; and irradiating the applied inkjet ink with actinic radiation [Paragraph 0026].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a method comprising applying the inkjet ink according to claim 1 to a base material; and irradiating the applied inkjet ink with actinic radiation as taught by Miyano as modified by Nakashima et al. is for the purposes of providing an actinic radiation-curable inkjet ink that is excellent in storage ability and curability as well as suppression of blooming in a gelling agent [Miyano, Paragraph 0027].
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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/LISA SOLOMON/Primary Examiner, Art Unit 2853