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 § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Makuta (# WO2022/004361) for English translation Examiner used Makuta (# US 2023/0146828).
The applied reference has a common Assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Makuta discloses:
1. An ink set, ([0335]-[0342]) comprising:
a first ink (under coat liquid; [0343]-[0349]) that is an active energy ray curable inkjet ink containing a polymerizable compound ([0343]-[0349]); and
a second ink (ink composition; [0129]-[0150]) that is an active energy ray curable inkjet ink containing metal particles that contain indium (see Abstract; [0075]), and a polymerizable compound (see Abstract; [0123]-[0126]; [0163]-[0223]),
wherein a surface tension of the first ink is 30 mN/m or more ([0302]-[0306]).
2. The ink set according to claim 1, wherein the polymerizable compound contained in the first ink includes a polymerizable compound having an amide structure (monofunctional (meth)acrylamide; [0179]; [0181]; the polymerizable compounds contained in the undercoat liquid are the same as the specific examples of the polymerizable compounds contained in the ink; [0344]).
3. The ink set according to claim 2, wherein a content of the polymerizable compound having the amide structure is from 5% by mass to 50% by mass with respect to a total amount of the first ink ([0354]).
4. The ink set according to claim 1, wherein the polymerizable compound contained in the first ink includes a polyfunctional polymerizable compound (The undercoat liquid contains polymerizable compounds but does not contain scale-like metal particles, the polymerizable compounds contained in the undercoat liquid include at least one of a monofunctional polymerizable compound or a bifunctional polymerizable compound, and a total proportion of the monofunctional polymerizable compound and the bifunctional polymerizable compound in the polymerizable compounds contained in the undercoat liquid is 50% by mass or more ([0343]; The undercoat liquid according to an aspect B is an undercoat liquid that contains a polyfunctional polymerizable compound, in which a proportion of the polyfunctional polymerizable compound in the polymerizable compounds contained in the undercoat liquid is 60% by mass or more ([0352]; [0354]).
5. The ink set according to claim 4, wherein a proportion of the polyfunctional polymerizable compound in the polymerizable compound is from 1% by mass to 50% by mass (50 or more; [0220]) .
6. The ink set according to claim 1, wherein the polymerizable compound contained in the first ink includes a monofunctional polymerizable compound including at least one structure selected from the group consisting of a cyclic ether structure ([0180]) and an alicyclic structure ([0199]).
7. The ink set according to claim 1, wherein the polymerizable compound contained in the first ink includes a polymerizable compound having an amide structure (monofunctional (meth)acrylamide; [0179]; [0181]; the polymerizable compounds contained in the undercoat liquid are the same as the specific examples of the polymerizable compounds contained in the ink; [0344]) and a monofunctional polymerizable compound including at least one structure selected from the group consisting of a cyclic ether ([0180]) structure and an alicyclic structure ([0199]).
8. An image recording method in which the ink set according to claim 1 is used, the method comprising: applying the first ink onto a substrate using an inkjet recording method; forming a first ink film by irradiating the first ink applied onto the substrate with an active energy ray A ([0441]-[0446]); applying the second ink onto the first ink film using an inkjet recording method; and recording an image by irradiating the second ink applied onto the first ink film with an active energy ray B ([0395]-[0437]).
9. The image recording method according to claim 8, wherein the step of recording the image includes: temporarily curing the second ink by irradiation with an active energy ray B1 having a lower irradiation energy than the active energy ray B, and irradiating an ink film formed by the temporary curing of the second ink with the active energy ray B ([0395]-[0446]).
10. An image recorded material ([0075]-[0082]; [0023]-[0027]), comprising:
a substrate ([0075]); and
an image disposed on the substrate ([0075]-[0080]; [0395]-[0408]),
wherein the image includes a first ink layer formed on a surface of the substrate and a second ink layer formed on a surface of the first ink layer, and metal particles containing indium are present only in a region extending up to 70% of a thickness of the second ink layer from a surface of the second ink layer toward an inside of the second ink layer ([0372]-[0454]).
Response to Arguments
Applicant maintains “Hence, Makuta does not disclose adjusting the surface tension of the undercoat liquid, nor the technical effects achieved thereby, such as recording an image with a visually massive feeling. Additionally, Makuta contains no disclosure supporting that its examples have a surface tension of 30 mN/in or more, as recited in claim 1.”
Examiner respectfully disagrees. The Examiner draws particular attention to the Applicant’s argument that Makuta clearly discloses in [0302] the surface tension of the ink of present disclosure is preferably 20 mN/m to 50 mN/m, and more preferably 28 mN/m to 50 mN/m. The format in which Makuta presents its teaching does not change the fact that it teaches the claimed invention. It is not necessary for Makuta to present its teaching in an example format; citing it in specification is sufficient. Therefore, Applicant’s argument is not convincing.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MANISH S. SHAH
Primary Examiner
Art Unit 2853
/Manish S Shah/ Primary Examiner of Art Unit 2853
