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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (# US 2021/0301162).
Nakamura et al. discloses:
1. A nonaqueous ink jet ink composition (see Abstract; see Examples; see Table: 1) used for a recording method which performs a long printing operation without a step of taking measures against nozzle missing (see Examples; [0071]-[0084]), the ink composition comprising:
a polymerizable monomer (monomer, [0026]-[0032]; see Table: 1);
a liquid photoinitiator in the form of a liquid at 20° C.(ethyl (2,4,6-trimethylbenzoyl)phenylphosphinate in the form of liquid at ordinary temperature is used; [0014]; [0045]) and
a solid photoinitiator ([0045]) in the form of a solid at 20° C (an acylphosphine oxide-based photopolymerization initiator or a thioxanthone-based photopolymerization initiator, which is a solid initiator at ordinary temperature [0028]; [0029]; a solid photopolymerization initiator at ordinary temperature [0045]) at a content of zero percent by mass or more and 1.5 percent by mass or less with respect to a total mass of the nonaqueous ink jet ink composition (the fluorescent whitener with respect to the total mass of the composition is preferably 0.1 to 1 percent by mass and more preferably 0.1 to 0.5 percent by mass; [0060]).
The Examiner draws particular attention to the Applicant that "Nakamura et al. does address a polymerizable monomer (monomer, [0026]-[0032]; see Table: 1); a liquid photoinitiator (ethyl (2,4,6-trimethylbenzoyl)phenylphosphinate), a solid photoinitiator ([0028]; the fluorescent whitener), it teaches a laundry list of possible a polymerizable monomer; a liquid photoinitiator and solid photoinitiator. The format in which Nakamura et al. presents its teaching does not change the fact that it teaches the claimed invention. It is not necessary for Nakamura et al. to present its teaching in an example format citing it in a list is sufficient.
Therefore, it would have been obvious to one of ordinary skill in the art, absent evidence to the contrary, to choose any of the polymerizable monomer, a liquid photoinitiator, and solid photoinitiator from the list and any additives from the list, including those presently claimed, and thereby arrive at the claimed invention. However, "applicant must look to the whole reference for what it teaches. Applicant cannot merely rely on the examples and argue that the reference did not teach others." In re Courtright, 377.
2. The nonaqueous ink jet ink composition according to claim 1, wherein the content of the solid photoinitiator is zero percent by mass or more and 0.5 percent by mass or less with respect to the total mass of the nonaqueous ink jet ink composition (the fluorescent whitener with respect to the total mass of the composition is preferably 0.1 to 1 percent by mass and more preferably 0.1 to 0.5 percent by mass; [0060]).
3. The nonaqueous ink jet ink composition according to claim 1, wherein the solid photoinitiator includes a fluorescent whitening agent, and the fluorescent whitening agent is present at a content of zero percent by mass or more and 0.5 percent by mass or less with respect to the total mass of the nonaqueous ink jet ink composition (the fluorescent whitener with respect to the total mass of the composition is preferably 0.1 to 1 percent by mass and more preferably 0.1 to 0.5 percent by mass; [0060]).
4. The nonaqueous ink jet ink composition according to claim 1, wherein the liquid photoinitiator includes an acylphosphine-based initiator ([0045]-[0057]).
5. The nonaqueous ink jet ink composition according to claim 4, wherein the acylphosphine-based initiator includes ethyl phenyl(2,4,6-trimethylbenzoyl)phosphinate ([0045]-[0057]).
6. The nonaqueous ink jet ink composition according to claim 5, wherein the ethyl phenyl(2,4,6-trimethylbenzoyl)phosphinate is present at a content of 7 percent by mass or more with respect to the total mass of the nonaqueous ink jet ink composition(7 to 17%; [0051]).
7. The nonaqueous ink jet ink composition according to claim 4, wherein the liquid photoinitiator further includes a thioxantone-based initiator (0055]).
8. The nonaqueous ink jet ink composition according to claim 1, wherein the polymerizable monomer includes 2-(2-vinyloxyethoxy)ethyl acrylate, and the 2-(2-vinyloxyethoxy)ethyl acrylate is present at a content of 10 to 40 percent by mass with respect to the total mass of the nonaqueous ink jet ink composition ([0020]-[0025]).
9. The nonaqueous ink jet ink composition according to claim 1, wherein the polymerizable monomer includes vinyl methyl oxazolidinone, and the vinyl methyl oxazolidinone is present at a content of 5 to 30 percent by mass with respect to the total mass of the nonaqueous ink jet ink composition (polyfunctional monomer; see Table: 1; [0036]).
10. The nonaqueous ink jet ink composition according to claim 1, wherein the nonaqueous ink jet ink composition is a clear ink composition (The radiation curable ink jet composition according to this embodiment may further contain, if needed, a colorant, such as a pigment or a dye, and/or an additive, such as a dispersant for pigment or the like.([0060]), which means ink composition may have colorant or may not have colorant; [0060]).
11. An ink jet recording apparatus comprising: an ink jet head having a width not less than a recording width of a recording medium; and a transfer mechanism to relatively transfer the recording medium and the ink jet head in a direction orthogonal to a width direction of the recording medium, wherein the ink jet head is a head to eject the nonaqueous ink jet ink composition according to claim 1 to the recording medium ([0072]-[0075]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(1) Ramsey (# US 2005/0170280) discloses a composition of matter comprising UV-curable materials, photoinitiators, solid pigment dispersions and filler mixture for the coating of propane tanks, electric motors, appliances and similar articles consisting of, based on total composition weight; 25-45% epoxy acrylate, 45-60% acrylate monomer or mixture of monomers, 2-10% methacrylate ester derivative, 2-8% liquid photoinitiator or mixture of liquid photoinitiators, to which is added 8-12% solid pigment or mixture of solid pigment dispersions, 0.1%-3% mixture of organically treated amorphous silicon dioxides, and 0-3% solid photoinitiator wherein the composition is sprayable by HVLP or electrostatic bell without the addition of heat, and curable by ultraviolet radiation ([0124]).
(2) Onclin et al. (# US 2012/0035292) discloses a homogenous liquid blend which is liquid at room temperature comprising at least 30% by weight with regard to the whole blend of a solid photoinitiator of the radical type and 1-70% by weight of at least one alkoxylated liquid surface active agent and optionally an organic diluent (see claim 1). The use of a homogeneous liquid blend according to claim 1 in the production of solvent-free, solvent- and water-based surface coatings, printing inks, screen-printing inks, offset-printing inks, flexographic-printing inks, resist materials or image-recording material (see claim 11).
(3) Lakrout et al. (# US 2018/0072900) discloses a heat stable radiation curable epoxy resin composition for preparing an ink composition including: (a) at least one divinylarene dioxide compound; (b) at least one photoinitiator compound; (c) at least one pigment; and (d) at least one optional additive wherein the at least one photoinitiator compound is a triarylsulfonium salt; wherein the at least one pigment is (i) a cyan pigment, or (ii) a magenta pigment; a process for preparing the above heat stable radiation curable epoxy resin composition; and a cured inkjet ink product prepared by curing the above heat stable radiation curable epoxy resin composition (see Abstract). In various embodiments, the photoinitiator may be a commercially available photoinitiator. The photoinitiator compound may be a solid photoinitiator or a liquid photoinitiator, or a combination thereof. Non-limiting examples of commercially available photoinitiators may be triarylsulfonium tris(perfluoroethyl)trifluorophosphate such as 210S available from San Apro; GSID26-1 and Irgacure 290 available from BASF; and mixtures thereof. These photoinitiators may provide stability of magenta and cyan pigment compounds. In addition, these solid photoinitiators may be dissolved in a reactive diluent ([0032]).
(4) Koike et al. (# US 2021/0301158) discloses a nonaqueous ink jet ink composition (see Abstract) used for a recording method which performs a long printing operation without a step of taking measures against nozzle missing, the ink composition comprising: a polymerizable monomer (monofunctional monomer, see Abstract; [0025]-[0038]; [0050]-[0053]); a liquid photoinitiator in the form of a liquid at 20° C.(ethyl (2,4,6-trimethylbenzoyl)phenylphosphinate in the form of liquid at ordinary temperature is used; [0014]; [0070]).
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