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
Applicant’s election of the species corresponding to alkyl-substituted hexylamine in the reply filed on 6/26/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 11-12 and 14 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/26/26.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 23-26 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walker (US 2020/0157369).
Claims 1-2 and 23-24: Walker teaches a particle-free gold complex ink (Abst.) comprising: a gold (I) salt, such as a gold carboxylate (Abst.; ¶¶ 0007-0010, 0044); an alkylamine (Abst.; ¶¶ 0007-0010) and a solvent (Abst.; ¶ 0007-0010), wherein the ink forms a gold film by heating (Abst.).
Claim 3: Walker teaches that the alkylamine is volatile at temperatures below 200˚C (¶ 0058).
Claim 25: Walker teaches that the heating release carbon dioxide (¶ 0057).
Claim 26: Walker teaches that heating occurs at less than 300˚C (¶ 0058).
Claim 29: Walker teaches that suitable gold salts include, e.g., gold nitrate (¶ 0007).
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.
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.
Claims 4, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Walker in light of Murphy et al. (US 2017/0246690).
Claims 4, 8 and 9: Walker teaches that amines substituted with one or more C1-C8 groups, such as butylamine, are within the scope of the invention (¶¶ 0049-0050) and that the amine functions as a stabilizer (¶ 0050), but does not explicitly teaches an alkyl-substituted hexylamine. Murphy teaches an ink for forming gold from a gold salt (Abst.; ¶¶ 0067-0072) and explains that suitable stabilizers include butylamine or 2-ethyl-1-hexylamine (¶¶ 0114-0118). The simple substitution of one known element for another to obtain predictable results is prima facie obvious. MPEP § 2143. Thus, it would have been obvious to one of ordinary skill at the time of filing to have selected 2-ethyl-1-hexylamine as the alkyl amine in Walker with the predictable expectation of success.
Claims 16 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Walker in light of Che (US 20150090037).
Claims 16 and 20-22: Walker broadly teaches that the solvent can be an alcohol, an ester, a ketone or an ether (¶ 0054), but fails to teach one of the claimed solvents specifically. Che teaches gold carboxylate complexes (Abst.; ¶ 0055) and explains that a suitable solvent for such a complex includes pyridine (¶ 0055). The simple substitution of one known element for another to obtain predictable results is prima facie obvious. MPEP § 2143. Thus, it would have been obvious to one of ordinary skill at the time of filing to have selected pyridine as the solvent in Walker with the predictable expectation of success.
Claims 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Walker in light of Martin (US 20210277268).
Claims 27 and 28: Walker broadly teaches gold carboxylates, but fails to teach a trifluoroacetate specifically. Martin teaches an ink used to form gold from a precursor and explains that a suitable precursor includes gold trifluoroacetate (¶¶ 0133, 0121). The simple substitution of one known element for another to obtain predictable results is prima facie obvious. MPEP § 2143. Thus, it would have been obvious to one of ordinary skill at the time of filing to have selected gold trifluoroacetate as the gold carboxylate with the predictable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert A Vetere whose telephone number is (571)270-1864. The examiner can normally be reached M-F 7:30-4:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at (571) 270-1034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT A VETERE/ Primary Examiner, Art Unit 1712
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