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 .
Examiner’s Comments
Applicants’ response filed on 12/22/2025 has been fully considered. Claims 1-9 are pending.
The Examiner is presenting a new non-final rejection due to the Doi not disclosing the limitation of the resin that is contained in the pretreatment liquid is at least one selected from the group consisting of an acrylic resin, a polyester resin, a polyolefin resin, a polyurethane resin, a polyurea resin, a polyamide resin, a polycarbonate resin, and a polystyrene resin.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuzaki (US 2019/0283464 A1) in view of Koyanagi et al (JP 2002-019263 A).
A machine translation is being used as the English translation for Koyanagi et al (JP 2002-019263 A).
Regarding claim 1, Matsuzaki discloses a method for producing an image recorded material (recording method; paragraph [0097]) comprising:
preparing a pretreatment liquid containing at least one aggregating agent selected from the group consisting of an organic acid, an organic acid salt and a polyvalent metal compound and water (preparing a treatment liquid comprising a coagulant and water where the coagulant is selected from polyvalent metal salt, an organic acid or a salt thereof and a cationic compound; paragraphs [0086]-[0087] and [0097]);
preparing a first ink containing a first pigment, a first resin and water (preparing a non-white ink composition comprising a non-white coloring material, resin and water; paragraphs [0058], [0062], [0071] and [0097]);
preparing a second ink containing a second pigment, a second resin and water (preparing a white ink composition comprising a white ink composition comprising a white coloring material, resin and water; paragraphs [0056], [0062], [0071] and [0097]); and
an image recording of sequentially applying the pretreatment liquid, the first ink and the second ink onto an impermeable base material to record an image (applying the pretreatment liquid, applying a non-white ink composition onto the recording medium and applying a white ink composition onto the recording medium; paragraph [0097]).
Matsuzaki does not disclose the method comprising the surface tension of the second ink being less than the surface tension of the first ink.
However, it would have been obvious to one of ordinary skill in the art to adjust the surface tension of the non-white ink and white ink such that the surface tension of the white ink is less than the surface tension of the non-white ink because doing so would provide the desired adhesion between the white ink and the non-white ink.
Matsuzaki does not disclose the method comprising the ratio of total applied mass of the first resin and the second resin per unit area to an applied mass of the aggregating agent per unit area in the overlapping region being 16.0 of greater and 30.0 or less.
However, it would have been obvious to one of ordinary skill in the art to adjust the ratio of total applied mass of the first resin and the second resin per unit area to an applied mass of the aggregating agent per unit area in the overlapping region to be 16.0 of greater and 30.0 or less because doing so would provide the adhesion between the treatment liquid, the non-white ink and the white ink in the overlapping region.
Matsuzaki does not disclose the method comprising the resin that is contained in the pretreatment liquid is at least one selected from the group consisting of an acrylic resin, a polyester resin, a polyolefin resin, a polyurethane resin, a polyurea resin, a polyamide resin, a polycarbonate resin, and a polystyrene resin.
However, Koyanagi discloses a recording method comprising adhering a reaction liquid onto a recording medium (pg. 3 of Koyanagi translation), applying an ink composition onto the reaction liquid (pg. 3 of Koyanagi translation) and recording an image (pg. 3 of Koyanagi translation); and wherein the resin contained in the pretreatment liquid is selected from acrylic resin (reaction liquid comprises a resin emulsion comprising acrylic resin; pg. 5 of Koyanagi translation).
It would have been obvious to one of ordinary skill in the art to modify method of Matsuzaki to include the acrylic resin in the reaction liquid of Koyanagi for the treatment liquid of Matsuzaki because doing so promotes sticking properties (pg. 5 of Koyanagi translation).
Regarding claim 2, Matsuzaki and Koyanagi disclose the method of producing an image recorded material of claim 1 as noted above.
Matsuzaki does not explicitly disclose the method comprising the ratio of total applied mass of the first resin and the second resin per unit area to an applied mass of the aggregating agent per unit area in the overlapping region being 16.0 of greater and 25.0 or less.
However, it would have been obvious to one of ordinary skill in the art to adjust the ratio of total applied mass of the first resin and the second resin per unit area to an applied mass of the aggregating agent per unit area in the overlapping region to be 16.0 of greater and 25.0 or less because doing so would provide the adhesion between the treatment liquid, the non-white ink and the white ink in the overlapping region.
Regarding claim 3, Matsuzaki and Koyanagi disclose the method of producing an image recorded material of claim 1 as noted above and Matsuzaki discloses the method comprising the first ink and the second each comprising a content of organic solvent having a boiling point of 220 °C of higher in the first ink and in the second ink the content of the organic solvent being 5 to 40% by mass (content of organic solvent having a boiling point of 220 °C of higher in the non-white ink and in the white ink; paragraph [0063]) and the organic solvent comprising dipropylene glycol (paragraph [0064]).
Dipropylene glycol has a boiling point of 230.5 °C.
Regarding claim 4, Matsuzaki and Koyanagi disclose the method of producing an image recorded material of claim 1 as noted above and Matsuzaki disclose the method comprising the first resin contains resin particles (resin for the non-white ink being in the form of fine particles; paragraph [0071]).
Matsuzaki does not disclose the method comprising the resin contained in the pretreatment liquid having a glass transition temperature lower than the glass transition temperature of the resin in the non-white ink.
However, Koyanagi discloses a recording method comprising adhering a reaction liquid onto a recording medium (pg. 3 of Koyanagi translation), applying an ink composition onto the reaction liquid (pg. 3 of Koyanagi translation) and recording an image (pg. 3 of Koyanagi translation); and wherein the resin contained in the pretreatment liquid is selected from acrylic resin (reaction liquid comprises a resin emulsion comprising acrylic resin; pg. 5 of Koyanagi translation).
Koyanagi does not disclose the method comprising the resin contained in the pretreatment liquid having a glass transition temperature lower than the glass transition temperature of the resin in the non-white ink.
However, it would have been obvious to one of ordinary skill in the art to adjust the glass transition temperature of the acrylic resin in Koyanagi to be lower than the glass transition temperature of the resin in the non-white ink of Matsuzaki because doing so would provide the desired adhesion between the treatment liquid and the non-white ink.
Regarding claim 5, Matsuzaki and Koyanagi disclose the method of producing an image recorded material of claim 1 as noted above and Matsuzaki disclose the method comprising the first resin contains resin particles (resin for the non-white ink being in the form of fine particles; paragraph [0071]) and the second resin containing resin particles (resin for the white ink being in the form of fine particles; paragraph [0071]).
Matsuzaki does not disclose the recording method comprising the glass transition temperature of the resin particles with a greater mass applied and the glass transition temperature of the smaller mass applied satisfying the relationship of 0 °C ≤ Ta – Tb ≤ 30 °C.
However, it would have been obvious to one of ordinary skill in the art to adjust the glass transition temperature of the resin particles of the non-white ink and the white ink such that the relationship of 0 °C ≤ Ta – Tb ≤ 30 °C is satisfied because doing so would provide the desired adhesion between the non-white ink and the white ink.
Regarding claim 6, Matsuzaki and Koyanagi disclose the method of producing an image recorded material of claim 1 as noted above.
Matsuzaki does not disclose the method comprising the viscosities of the treatment liquid, non-white ink and white ink being such that the relationship of A1- A2 > 0 mPa-s.
However, it would have been obvious to one of ordinary skill in the art to adjust the viscosities of the treatment liquid, non-white ink and white ink being such that the relationship of A1- A2 > 0 mPa-s is satisfied because doing so would provide the desired adhesion between the treatment liquid, the non-white ink and the white ink.
Regarding claim 8, Matsuzaki discloses an image recorded material comprising:
an impermeable base material (a non-absorptive recording medium; paragraph [0167]) and;
an image recorded on the impermeable base material (paragraph [0097]),
image includes a pretreatment layer that is in contact with the impermeable base material and contains an aggregating agent (a treatment liquid applied on the recording medium and wherein the treatment liquid comprises a coagulant and water; paragraphs [0086] and [0097]), a first layer that is in contact with the pretreatment layer and contains a first pigment and a first resin (a non-white ink applied on the recording medium; paragraph [0097]), and a second layer that is in contact with the first layer and contains a second pigment and a second resin (a white ink applied on the recording medium; paragraph [0097]);
at least one aggregating agent selected from an organic acid, an organic acid salt and a polyvalent metal compound (the coagulant is selected from polyvalent metal salt, an organic acid or a salt thereof and a cationic compound; paragraph [0087]),
The applying of the treatment liquid onto a recording medium, the applying a non-white ink composition onto the recording medium and the applying a white ink composition onto the recording medium would result in an overlapped region of the treatment liquid, non-white ink and white ink and is considered to be claimed image of the pretreatment liquid, first ink and second ink recorded on the impermeable base material.
Matsuzaki does not disclose the image recording material comprising the ratio of total applied mass of the first resin and the second resin per unit area to an applied mass of the aggregating agent per unit area in the overlapping region being 16.0 of greater and 30.0 or less.
However, it would have been obvious to one of ordinary skill in the art to adjust the ratio of total applied mass of the first resin and the second resin per unit area to an applied mass of the aggregating agent per unit area in the overlapping region to be 16.0 of greater and 30.0 or less because doing so would provide the adhesion between the treatment liquid, the non-white ink and the white ink in the overlapping region.
Matsuzaki does not disclose the image recorded material comprising the resin that is contained in the pretreatment liquid is at least one selected from the group consisting of an acrylic resin, a polyester resin, a polyolefin resin, a polyurethane resin, a polyurea resin, a polyamide resin, a polycarbonate resin, and a polystyrene resin.
However, Koyanagi discloses a recording method comprising adhering a reaction liquid onto a recording medium (pg. 3 of Koyanagi translation), applying an ink composition onto the reaction liquid (pg. 3 of Koyanagi translation) and recording an image (pg. 3 of Koyanagi translation); and wherein the resin contained in the pretreatment liquid is selected from acrylic resin (reaction liquid comprises a resin emulsion comprising acrylic resin; pg. 5 of Koyanagi translation).
It would have been obvious to one of ordinary skill in the art to modify method of Matsuzaki to include the acrylic resin in the reaction liquid of Koyanagi for the treatment liquid of Matsuzaki because doing so promotes sticking properties (pg. 5 of Koyanagi translation).
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuzaki (US 2019/0283464 A1) in view of Koyanagi et al (JP 2002-019263 A) in further view of Metla (WO 2009/065502 A1).
A machine translation is being used as the English translation for Koyanagi et al (JP 2002-019263 A).
Regarding claim 7, Matsuzaki and Koyanagi disclose an image recording material obtained by the method of producing an image recorded material according to claim 1 as noted above.
Matsuzaki and Koyanagi do not disclose the method comprising laminating a base material to a side where the image has been formed.
However, Metla discloses a method comprising laminating a base material to a side where the image has been formed (laminating a second substrate to a dried ink image; pg. 14).
It would have been obvious to one of ordinary skill to modify the method of Matsuzaki and Koyanagi to include the second substrate of Metla onto the image of Matsuzaki and Koyanagi because having the required second substrate provides an image recorded material to be suitable for use in packaging.
Regarding claim 9, Matsuzaki and Koyanagi disclose an image recorded material of claim 8 as noted above.
Matsuzaki and Koyanagi do not disclose a laminate comprising a base material laminated to a side where the image has been formed.
However, Metla discloses a laminate comprising base material laminated to a side where the image has been formed (a second substrate laminated to a dried ink image; pg. 14).
It would have been obvious to one of ordinary skill to modify the laminate of Matsuzaki and Koyanagi to include the second substrate of Metla onto the image of Matsuzaki and Koyanagi because having the required second substrate provides an image recorded material to be suitable for use in packaging.
Response to Arguments
Applicant’s arguments, see page 2, filed 12/22/2025, with respect to the double patenting rejections have been fully considered and are persuasive.
The double patenting rejections have been withdrawn.
Applicant’s arguments, see pages 2-3, filed 12/22/2025, with respect to the rejection of claims 1-6 and 8 under 103 by Matsuzaki in view of Doi has been fully considered and is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is noted above.
Applicants argue that Doi does not disclose a resin contained in the pretreatment liquid.
This argument is persuasive as Doi does not disclose a resin contained in the pretreatment liquid. Therefore, the previous rejections have been withdrawn. However, new grounds of rejection have been noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785