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 .
Election/Restrictions
Claims 13 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/18/2026.
Information Disclosure Statement
3. Acknowledgment is made of Applicant’s Information Disclosure Statement (IDS) form PTO-1449. These IDS have been considered.
Priority
4. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawings
5. The examiner contends that the drawings submitted on 07/24/2024 are acceptable for examination proceedings.
Claim Rejections - 35 USC § 102
6. 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 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.
7. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
8. Claims 1-12, 14-15 and 17 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Kozee et al. (US Pub. Nº 2015/0166806).
9. Regarding independent claim 1: Kozee et al. disclosed an inkjet ink ([0021], line 1) composition comprising:
a cellulosic polymer ([0027], lines 5-8) for forming a porous network structure (this constitutes an intended use and would not be given patentable weight);
a blend ([0026], lines 1-3) of a nonsolvent for the cellulosic polymer ([0027], lines 4-5; the cellulosic polymer is insoluble in water) and a solvent for the cellulosic polymer ([0027], lines 4-5. The cellulosic polymer is soluble in the entire ink composition; also see [0026], lines 1-3; the cellulosic polymer is therefore soluble in the mixture of acetone and ethanol); the solvent being more volatile than the nonsolvent ([0026], lines 1-3; both acetone and ethanol are more volatile than water); and
a film forming binder that is substantially insoluble in acetone alone ([0027], lines 1-2 and 5-8; the polymer is insoluble in water and therefore is insoluble in acetone alone since acetone is soluble in water), the film forming binder being separately soluble in both the nonsolvent and the blend ([0027], lines 4-5; the polymer is soluble in the entire ink composition which includes the water, the acetone and the ethanol).
10. Regarding claim 2: Kozee et al. disclosed a composition according to claim 1 wherein the nonsolvent comprises water ([0027], lines 4-5).
11. Regarding claim 3: Kozee et al. disclosed a composition according to claim 2 wherein the cellulosic polymer comprises one or more of: a cellulose ester and a cellulose ether ([0027], lines 1-2 and 5-8).
12. Regarding claim 4: Kozee et al. disclosed a composition according to claim 3 wherein the cellulosic polymer comprises one or more of: cellulose acetate propionate and cellulose acetate butyrate ([0027], lines 5-8).
13. Regarding claim 5: Kozee et al. disclosed a composition according to claim 1 wherein the solvent comprises one or more of: acetone, methanol, ethanol and propanol ([0026], lines 1-3).
14. Regarding claim 6: Kozee et al. disclosed a composition according to claim 5 wherein the solvent comprises acetone and ethanol ([0026], lines 1-3).
15. Regarding claim 7: Kozee et al. disclosed a composition according to claim 1 wherein the film forming binder comprises an ionic polymer and corresponding non-polymeric counter-ion ([0027], lines 5-8, [0028], lines 1-5 and [0033], lines 2-8).
16. Regarding claim 8: Kozee et al. disclosed a composition according to claim 1 wherein the film forming binder comprises a carboxylic acid functional acrylic neutralized by a volatile amine and/or ammonia ([0033], lines 2-8).
17. Regarding claim 9: Kozee et al. disclosed a composition according to claim 1 in which the film forming binder comprises polyvinyl pyrrolidone ([0027], lines 1-2 and 5-8; more than one resin can be used).
18. Regarding claim 10: Kozee et al. disclosed a composition according to claim 1 wherein the nonsolvent is present at greater than ten weight percent ([0010], line 1 and [0026], lines 2-5. The total amount of solvent can be up to 95%, the preferred amount of acetone is between 50% and 80% and the preferred amount of ethanol is between 5% and 35%. This yields a total amount of water of up to 40% (when the total amount of solvent is 95%, the amount of acetone is 50% and the amount of ethanol is 5%)).
19. Regarding claim 11: Kozee et al. disclosed a composition according to claim 2, wherein the water and film forming binder are present in sufficient quantity to provide the composition with a conductivity of at least 400 micro-siemens per centimetre ([0028], lines 1-4) irrespective of the presence of an additional conductivity agent ([0021], line 2; the ink composition may (or may not) include a conductive salt).
20. Regarding claim 12: Kozee et al. disclosed a printer ink cartridge holding the inkjet ink composition of claim 1 ([0015], line 2; the ink composition is for use in an inkjet printer (cartridge not shown)).
21. Regarding claim 14: Kozee et al. disclosed a printing method comprising the steps of providing a composition according to claim 1 (see the rejection of claim 1), and depositing the ink composition onto a substrate ([0015], lines 1-2), and optionally permitting the deposited composition to dry ([0025], line 12).
22. Regarding claim 15: Kozee et al. disclosed an article marked with a printed deposit using the method of claim 14 ([0015], lines 1-2).
23. Regarding claim 17: Kozee et al. disclosed a composition according to claim 7, wherein the water and film forming binder are present in sufficient quantity to provide the composition with a conductivity of at least 400 micro-siemens per centimetre ([0028], lines 1-4) irrespective of the presence of an additional conductivity agent ([0021], line 2; the ink composition may (or may not) include a conductive salt).
Conclusion
24. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
25. U.S. Patent publication number 4,389,503 to Maxwell et al. disclosed a similar invention in the abstract.
26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAOVI M. AMEH whose telephone number is (571)272-4578. The examiner can normally be reached M-F: 9:00 AM - 6:00 PM.
27. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
28. 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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/YAOVI M AMEH/Primary Examiner, Art Unit 2853