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
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.
Claim(s) 1-4, 6-8 & 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (# US 2020/0048485) in view of .
Kawamura discloses:
An aqueous ink (see Abstract; [0068]) comprising:
Water ([0068]);
a coloring agent ([0014]-[0033]); and
a fixing agent (binder resin; [0034]-[0036]),
wherein the fixing agent comprises a polylactic acid ([0036]), and
an amount of the polylactic acid in the aqueous ink is 3 mass % or more and 10 mass % or less with respect to an amount of the aqueous ink (3 to 25%; [0058]).
The Examiner draws particular attention to the Applicant that " Kawamura does address water, coloring agent, fixing agent (binder resin), it teaches a laundry list of possible fixing agent (binder resin) ([0036]), Examples of the binder resin include epoxy resin, diallylphthalate resin, silicone resin, phenol resin, unsaturated polyester resin, polyimide resin, polyurethane resin, melamine resin, urea resin, ionomer resin, ethylene ethyl acrylonitrile resin, acrylonitrile acrylate styrene copolymer resin, acrylonitrile styrene resin, acrylonitrile polyethylene chloride styrene copolymer resin, ethylene-vinyl acetate resin, ethylene-vinyl alcohol copolymer resin, acrylonitrile butadiene styrene copolymer resin, vinyl chloride resin, chlorinated polyethylene resin, polychlorinated vinylidene resin, cellulose acetate resin, fluororesin, polyoxymethylene resin, polyamide resin, polyarylate resin, thermoplastic polyurethane elastomer, polyetheretherketone resin, polyethersulfone resin, polyethylene, polypropylene, polycarbonate resin, polystyrene, polystyrene maleic acid copolymer resin, polystyrene acrylic acid copolymer resin, polyphenylene ether resin, polyphenylene sulfide resin, polybutadiene resin, polybutylene terephthalate resin, acrylic resin, methacrylic resin, methyl pentene resin, polylactic acid, polybutylene succinate resin, butyral resin, formal resin, polyvinyl alcohol, polyvinylpyrrolidone, ethyl cellulose, carboxymethyl cellulose, gelatine, and copolymer resin thereof. The binder resin is suitably selected in consideration of film strength, viscosity, remainder viscosity of the ink-jet ink, dispersion stability of the pigment, thermal stability, non-colorability, water resistance, and chemical resistance. The binder resins may be used in combination.. The format in which Kawamura presents its teaching does not change the fact that it teaches the claimed invention. It is not necessary for Kawamura to present its teaching in an example format citing it in a list is sufficient.
Therefore, it would have been obvious to one of ordinary skill in the art, absent evidence to the contrary, to choose any of the fixing agent from the list and any additives from the list, including those presently claimed, and thereby arrive at the claimed invention. However, "applicant must look to the whole reference for what it teaches. Applicant cannot merely rely on the examples and argue that the reference did not teach others." In re Courtright, 377.
2. The aqueous ink according to claim 1, wherein the water is a main solvent ([0068]).
3. The aqueous ink according to claim 1, wherein the coloring agent comprises a pigment ([0014]-[0033]).
4. The aqueous ink according to claim 3, wherein the fixing agent is capable of fixing the pigment to a recording medium ([0034]-[0037]).
6. The aqueous ink according to claim 3, wherein a mass ratio (A/B) of a content (A) of the pigment (2 to 20%; [0033]) to a content (B) of the polylactic acid (5 to 25%; [0058]) is 0.5 or more and 0.85 or less in the aqueous ink (i.e. 2/5= 0.4 to 20/25=0.8).
7. The aqueous ink according to claim 1, wherein the aqueous ink has a viscosity of 10 mPa.Math.s or less (6 mPa.s to 20 mPa.s; [0075]).
8. The aqueous ink according to claim 1, wherein the aqueous ink is suitable for ink jet recording (see Abstract).
11. An ink jet recording method comprising: ejecting the aqueous ink according to claim 1 to a recording medium for recording by an ink jet method ([0081]-[0102]).
12. An ink jet recording device comprising: an ink storage unit comprising the aqueous ink according to claim 1; and an ink ejection unit configured to eject the aqueous ink ([0081]-[0102]).
13. An ink storage container comprising the aqueous ink according to claim 1 ([0138]-[0149]).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (# US 2020/0048485).
Kawamura discloses:
9. A fixing agent suitable for an aqueous ink, the fixing agent comprising a polylactic acid (binder resin, [0034]-[0036]), wherein an amount of the polylactic acid in the aqueous ink is 3 mass % or more and 10 mass % or less with respect to an amount of the aqueous ink (3 to 25%; [0058]).
The Examiner draws particular attention to the Applicant that " Kawamura does address water, coloring agent, fixing agent (binder resin), it teaches a laundry list of possible fixing agent (binder resin) ([0036]), Examples of the binder resin include epoxy resin, diallylphthalate resin, silicone resin, phenol resin, unsaturated polyester resin, polyimide resin, polyurethane resin, melamine resin, urea resin, ionomer resin, ethylene ethyl acrylonitrile resin, acrylonitrile acrylate styrene copolymer resin, acrylonitrile styrene resin, acrylonitrile polyethylene chloride styrene copolymer resin, ethylene-vinyl acetate resin, ethylene-vinyl alcohol copolymer resin, acrylonitrile butadiene styrene copolymer resin, vinyl chloride resin, chlorinated polyethylene resin, polychlorinated vinylidene resin, cellulose acetate resin, fluororesin, polyoxymethylene resin, polyamide resin, polyarylate resin, thermoplastic polyurethane elastomer, polyetheretherketone resin, polyethersulfone resin, polyethylene, polypropylene, polycarbonate resin, polystyrene, polystyrene maleic acid copolymer resin, polystyrene acrylic acid copolymer resin, polyphenylene ether resin, polyphenylene sulfide resin, polybutadiene resin, polybutylene terephthalate resin, acrylic resin, methacrylic resin, methyl pentene resin, polylactic acid, polybutylene succinate resin, butyral resin, formal resin, polyvinyl alcohol, polyvinylpyrrolidone, ethyl cellulose, carboxymethyl cellulose, gelatine, and copolymer resin thereof. The binder resin is suitably selected in consideration of film strength, viscosity, remainder viscosity of the ink-jet ink, dispersion stability of the pigment, thermal stability, non-colorability, water resistance, and chemical resistance. The binder resins may be used in combination.. The format in which Kawamura presents its teaching does not change the fact that it teaches the claimed invention. It is not necessary for Kawamura to present its teaching in an example format citing it in a list is sufficient.
Therefore, it would have been obvious to one of ordinary skill in the art, absent evidence to the contrary, to choose any of the fixing agent from the list and any additives from the list, including those presently claimed, and thereby arrive at the claimed invention. However, "applicant must look to the whole reference for what it teaches. Applicant cannot merely rely on the examples and argue that the reference did not teach others." In re Courtright, 377.
10. The fixing agent according to claim 9, wherein the fixing agent is suitable for an aqueous ink for ink jet recording (see Abstract; [0034]-[0036]).
Response to Arguments
Applicant's arguments filed 07/23/2026 have been fully considered but they are not persuasive.
Applicant maintains that “In rejecting claim 5, the Office took a position that Kawamura discloses that the amount of the polylactic acid in the aqueous ink is 5 to 25% (Kawamura, [0058]) (OA, page 3). Kawamura discloses that a binder resin in ink may include a polylactic acid (Kawamura, [0036]), and the amount of the binder resin in the ink may be 5 to 25 mass % (Kawamura, [0058]). In Examples of Kawamura, the ink includes at least 12 mass % of a binder resin, which is not a polylactic acid (Kawamura, Table 1). Accordingly, Kawamura merely discloses overlapping range of the binder resin with the present invention, but does not specifically disclose that the amount of the polylactic acid in the aqueous ink is 3 to 10 mass %. Thus, Kawamura does not anticipate the invention recited in claim 1 or 9.”
Examiner respectfully disagrees. Kawamura clearly discloses: A fixing agent comprising a polylactic acid (binder resin, [0034]-[0036]), wherein an amount of the polylactic acid in the aqueous ink is 3 mass % or more and 10 mass % or less with respect to an amount of the aqueous ink (3 to 25%; [0058]).
The Examiner draws particular attention to the Applicant that " Kawamura does address water, coloring agent, fixing agent (binder resin), it teaches a laundry list of possible fixing agent (binder resin) ([0036]), Examples of the binder resin include epoxy resin, diallylphthalate resin, silicone resin, phenol resin, unsaturated polyester resin, polyimide resin, polyurethane resin, melamine resin, urea resin, ionomer resin, ethylene ethyl acrylonitrile resin, acrylonitrile acrylate styrene copolymer resin, acrylonitrile styrene resin, acrylonitrile polyethylene chloride styrene copolymer resin, ethylene-vinyl acetate resin, ethylene-vinyl alcohol copolymer resin, acrylonitrile butadiene styrene copolymer resin, vinyl chloride resin, chlorinated polyethylene resin, polychlorinated vinylidene resin, cellulose acetate resin, fluororesin, polyoxymethylene resin, polyamide resin, polyarylate resin, thermoplastic polyurethane elastomer, polyetheretherketone resin, polyethersulfone resin, polyethylene, polypropylene, polycarbonate resin, polystyrene, polystyrene maleic acid copolymer resin, polystyrene acrylic acid copolymer resin, polyphenylene ether resin, polyphenylene sulfide resin, polybutadiene resin, polybutylene terephthalate resin, acrylic resin, methacrylic resin, methyl pentene resin, polylactic acid, polybutylene succinate resin, butyral resin, formal resin, polyvinyl alcohol, polyvinylpyrrolidone, ethyl cellulose, carboxymethyl cellulose, gelatine, and copolymer resin thereof. The binder resin is suitably selected in consideration of film strength, viscosity, remainder viscosity of the ink-jet ink, dispersion stability of the pigment, thermal stability, non-colorability, water resistance, and chemical resistance. The binder resins may be used in combination.. The format in which Kawamura presents its teaching does not change the fact that it teaches the claimed invention. It is not necessary for Kawamura to present its teaching in an example format citing it in a list is sufficient.
Therefore, it would have been obvious to one of ordinary skill in the art, absent evidence to the contrary, to choose any of the fixing agent from the list and any additives from the list, including those presently claimed, and thereby arrive at the claimed invention. However, "applicant must look to the whole reference for what it teaches. Applicant cannot merely rely on the examples and argue that the reference did not teach others." In re Courtright, 377. Therefore, the applicant’s argument is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(1) Nagoshi et al. (# US 2015/0273819) discloses The coating layer of the coated printing paper used in the present invention preferably contains a conventionally known binder used in coated paper. The reason for this is that strength of the coating layer is improved by containing a binder. As a result, more favorable printed products can be manufactured using an industrial inkjet printer and a conventional printer such as an offset printer. Examples of conventionally known binders used in the coating layer of coated paper include polyacrylic acid-based binders such as sodium polyacrylate or polyacrylamide, polyvinyl acetate-based binders, various types of copolymer latex such as styrene-butadiene copolymer or ethylene-vinyl acetate, polyvinyl alcohol, denatured polyvinyl alcohol, polyethylene oxide, formalin resins such as urea or melamine, and water-soluble synthetic products such as polyethyleneimine, polyamidopolyamine or epichlorhydrin. Additional examples of binders include starches purified from natural plants, hydroxyethyl starch, oxidized starch, starch ether, starch phosphate, enzyme modified starch and cold water-soluble starch obtained by flash drying the aforementioned starches, natural polysaccharides and oligomers thereof such as dextrin, mannan, chitosan, arabinogalactan, glycogen, inulin, pectin, hyaluronic acid, carboxymethyl cellulose or hydroxyethyl cellulose, and modified forms thereof. Other examples of binders include natural proteins and modified forms thereof such as casein, gelatin, soybean protein or collagen, and synthetic polymers and oligomers such as polylactic acid or peptides. These can be used alone or in combination. In addition, the binder can be used after undergoing cationic modification. Since there are cases in which image soiling occurs during industrial inkjet printing if the binder is incorporated in excess with respect to the pigment, the content of the binder in the coating layer is preferably 3 parts by mass to 30 parts by mass, and more preferably 5 parts by mass to 20 parts by mass, based on 100 parts by mass of the total amount of pigment in the coating layer ([0049]).
(2) Nagoshi et al. (# US 2015/0283840) discloses the coating layer can contain a conventionally known binder in addition to the polyvinyl alcohol. Examples of binders include polyacrylic acid-based binders such as sodium polyacrylate or polyacrylamide, polyvinyl acetate-based binders, various types of copolymer latex such as styrene-butadiene copolymer or ethylene-vinyl acetate, polyethylene oxide, formalin resins such as urea or melamine, and water-soluble synthetic products such as polyethyleneimine, polyamidopolyamine or epichlorhydrin. Additional examples of binders include starches purified from natural plants, hydroxyethyl starch, oxidized starch, starch ether, starch phosphate, enzyme modified starch and cold water-soluble starch obtained by flash drying the aforementioned starches, natural polysaccharides and oligomers thereof such as dextrin, mannan, chitosan, arabinogalactan, glycogen, inulin, pectin, hyaluronic acid, carboxymethyl cellulose or hydroxyethyl cellulose, and modified forms thereof. Other examples of binders include natural proteins and modified forms thereof such as casein, gelatin, soybean protein or collagen, and synthetic polymers and oligomers such as polylactic acid or peptides. These can be used alone or in combination. The binder can be used after undergoing cationic modification. Since there are cases in which printability may decrease from the viewpoint of ink absorption capacity during industrial inkjet printing if the binder is incorporated in excess with respect to the pigment, the content of the binder in the coating layer is preferably 3 parts by mass to 30 parts by mass, and more preferably 5 parts by mass to 20 parts by mass, based on 100 parts by mass of the total amount of the solid pigment fraction contained in the coating layer. The content of the polyvinyl alcohol is preferably 60 parts by mass or more based on 100 parts by mass for the total amount of binder in the coating layer ([0046]).
(3) Nishizawa et al. (# US 2022/0048306) discloses the aqueous ink, water or a hydrophilic solvent other than water is used as the solvent, and among them, water is more preferable. It is easy to handle and easy to remove by drying. In the case of an aqueous ink system, the content of the solvent contained in the glossy ink composition can be appropriately selected, and for example, is preferably greater than or equal to 50% by weight and more preferably greater than or equal to 60% by weight, and preferably less than or equal to 90% by weight and most preferably less than or equal to 80% by weight with respect to the total amount of the glossy ink composition. Examples of hydrophilic solvents other than water include those containing water and a water-soluble organic solvent, but the water-soluble organic solvent mentioned in the above-mentioned latex ink can be used as the water-soluble organic solvent. Furthermore, other components can be added to the aqueous ink composition as necessary. Other components include, for example, additives such as a diluent, a viscosity modifier, a surface tension regulator, and the like. In the case of the aqueous ink system, the external stimulus film-forming resin contains at least one resin selected from a thermoplastic resin and a thermosetting resin, and the resin is preferably dissolved or dispersed. The type of resin includes, for example, water-soluble vinyl resin, acrylic resin, alkyd resin, polyester resin, polyurethane resin, silicone resin, fluorine resin, epoxy resin, phenoxy resin, polyolefin resin, Nylon (registered trademark), vinylon, acetate, polylactic acid and the like, and modified resins thereof and the like. Among these, acrylic resin, water-soluble polyurethane resin, water-soluble polyester resin, and water-soluble acrylic resins are more preferably used. In the case of an aqueous ink, the content of the resin contained in the glossy ink composition can be appropriately selected, and for example, is preferably greater than or equal to 10% by weight and more preferably greater than or equal to 2% by weight, and preferably less than or equal to 20% by weight and most preferably less than or equal to 10% by weight with respect to the total amount of the aqueous ink composition ([0107]).
Applicant's amendment of claims changes the scope of invention, which necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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MANISH S. SHAH
Primary Examiner
Art Unit 2853
/Manish S Shah/Primary Examiner, Art Unit 2853
