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
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 2009/0214797) as evidenced by, or, in the alternative, in view of Sekiguchi et al (US 2013/0010040).
With regards to claim 1, Kasai teaches an inkjet ink composition that is radiation curable (abstract) that contains a pigment (abstract), a dispersant (0007), and additives (0458). Kasai teaches the dispersant to be a compound formed from the reaction of an amine and hydroxystearic acid (0008) and the composition to include pyridine (0255).
Kasai does not teach the addition of a gelling agent.
Sekiguchi teaches that hydroxystearic acid acts as a gelling agent (0111 table 1) and Kasai teaches the presence of this compound in the composition. The broadest reasonable interpretation of the claims reads that the gelling agent and the hydroxy fatty acid can be the same compound. Therefore, because Kasai teaches the inclusion of the hydroxystearic acid, it teaches the use of a gelling agent.
Sekiguchi teaches an inkjet ink (abstract) that contains a pigment (0061) and a gelling agent (0033) and teaches the motivation for adding the gelling agent to be because it employs a phase transition of the ink before the ink excessively permeates the substrate (0033). Kasai and Sekiguchi are analogous in the art of inkjet ink compositions. In light of the benefit above, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to add the gelling agent of Sekiguchi.
With regards to claim 2, Kasai teaches the polymer to be copolymer of (meth)acrylic acids and a pyridine (0171).
With regards to claim 3, Kasai is silent on the amine value of the hydroxystearic acid. However both Kasai and the art use 12-hydroxystearic acid, and therefore, this compound is read to have the claimed amine value.
With regards to claims 4 and 5, Kasai is silent on the amounts of the pyridine compound and the hydroxystearic acid. However, generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05. Further, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 124 (CCPA 1955). In this case, one skilled in the art prior to the effective filing date of the present invention would know to alter the amounts of these two compounds in order to achieve the desired gelability and amounts of dispersant created in the reaction (hydroxystearic acid) and the viscosity of the composition (pyridine compound).
With regards to claim 6, Kasai teaches the addition of black or magenta pigments (0049)
With regards to claim 7, Kasai teaches the process of producing the ink to include mixing the components including the pigment and dispersant (0769) with the remaining components (0771).
With regards to claim 8, Kasai teaches the ink to be printed at a temperature of 25 to 80°C (0514) and the substrate to be room temperature (reading on 25°C) (0514).
With regards to claim 9, Kasai teaches the composition to be applied to a substrate (0053).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following reference teaches the claimed compound of claim 1 but does not include the exact dispersant or gelling agent: Nakamura et al (US 2009/0169765); and the following reference teaches the dispersant as claimed with motivation for using it: Fujimatsu et al (JP 2002294121).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 5712721130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763
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