Prosecution Insights
Last updated: October 27, 2026
Application No. 19/076,189

AQUEOUS COMPOSITION AND PRINTED MATTER

Non-Final OA §103
Filed
Mar 11, 2025
Priority
Sep 13, 2022 — JP 2022-145615 +1 more
Examiner
SHEWAREGED, BETELHEM
Art Unit
1785
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
12m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
747 granted / 1044 resolved
+6.6% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
26 currently pending
Career history
1075
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
62.7%
+22.7% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1044 resolved cases

Office Action

§103
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 . Note Applicant’s response filed on 03/23/2026 has been fully considered. Claims 1-11 are pending. 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. Claims 1, 2 and 4-11 are rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al. (US 2002/0065335 A1) in view of Falsafi et al. (US 2003/0018098 A1) as evidenced by You (US 2009/0145044 A1) and Craig et al. (US 2004/0002036 A1). Claims 1 and 2: Noguchi teaches an aqueous photocurable resin composition (aqueous composition hereinafter) comprising a photopolymerization initiator having a sensitivity at around 400 nm wavelength [0079], a polymerizable material having at least two polymerizable functional groups ([0062] and [0063]), a pigment encapsulated by a polymeric material as a pigment dispersion [0086] and water [0062]. The polymerizable material meets the claimed polymerizable compound and the pigment encapsulated by polymeric material meets the claimed resin component. Noguchi teaches having the aqueous composition in an emulsion state generally has an advantage that viscosity and fluidity can be controlled to vary in a wide range, and handling is easy [0013]. Noguchi does not teach the photopolymerization initiator has a solubility of 1 wt% or more in the water. However, Falsafi teaches a photocurable composition comprising acylphosphine oxide {instant claim 2} including bis(2,4,6-trimethylbenzoyl)phenyl phosphine oxide (IRGACURE 819) ([0041] and [0047]). Evidence shows that IRGACURE 819 has solubility less 5% (see Table 3 of You). Evidence also shows that IRGACURE 819 absorption wavelength peak of 380-450 nm (see [0048] of Craig). Noguchi and Falsafi are analogous art because they are from the same field of endeavor that is the photocurable composition art. It would have been obvious to a person of ordinary skill in the art to combine the photopolymerization initiator of Falsafi with the invention of Noguchi, and the motivation for combining would be to provide rapid curing performance. Noguchi does not teach the polymerizable compound has a solubility of 1 wt% or more in the water. However, Falsafi teaches a photocurable composition comprising a polymerizable component having more than one reactive functional groups, wherein the polymerizable component has a solubility of at least 3% ([0022] and [0025]). Noguchi and Falsafi are analogous art because they are from the same field of endeavor that is the photocurable composition art. It would have been obvious to a person of ordinary skill in the art to combine the polymerization component of Falsafi with the invention of Noguchi, and the motivation for combining would be to control chemical process and polymerization rate. Claims 4 and 5: Noguchi teaches the content of the polymerizable material is 1-30% [0116]. Claims 6 and 11: Noguchi teaches the aqueous composition is to be applied and fixed to a substrate ([0045] and [0191]-[0194]). Claim 7: Noguchi teaches the aqueous composition is applied to a non-absorptive base material [0053]. Claim 8: Noguchi teaches the aqueous composition further comprises pigments as a coloring material ([0089]-[0093]). Claims 9 and 10: Noguchi teaches the aqueous composition is to be applied and fixed to a substrate ([0045] and [0191]-[0194]), wherein aqueous composition can be used for image printing and for pretreatment of a substrate ([0014] and [0090]) and [0103]. Noguchi does not teach applying the aqueous composition on the substrate as the image printing and the pretreatment at the same time. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to combine separately taught prior art ingredients which perform the same function; it is logical that they would produce the same effect and supplement each other. In re Crockett, 126 USPQ 186. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al. (US 2002/0065335 A1) in view of Falsafi et al. (US 2003/0018098 A1) as evidenced by You (US 2009/0145044 A1). Claim 3: Noguchi teaches an aqueous photocurable resin composition (aqueous composition hereinafter) comprising a photopolymerization initiator having a sensitivity at around 400 nm wavelength [0079], a polymerizable material having at least two polymerizable functional groups ([0062] and [0063]), a pigment encapsulated by a polymeric material as a pigment dispersion [0086] and water [0062]. The polymerizable material meets the claimed polymerizable compound and the pigment encapsulated by polymeric material meets the claimed resin component. Noguchi teaches having the aqueous composition in an emulsion state generally has an advantage that viscosity and fluidity can be controlled to vary in a wide range, and handling is easy [0013]. Noguchi teaches the aqueous composition is to be applied and fixed to a substrate ([0045] and [0191]-[0194]), wherein aqueous composition can be used for image printing and for pretreatment of a substrate ([0014] and [0090] and [0103]). Noguchi teaches the aqueous composition is applied to a non-absorptive base material [0053]. Noguchi does not teach the photopolymerization initiator has a solubility of 1 wt% or more in the water. However, Falsafi teaches a photocurable composition comprising acylphosphine oxide including bis(2,4,6-trimethylbenzoyl)phenyl phosphine oxide (IRGACURE 819) ([0041] and [0047]). Evidence shows that IRGACURE 819 has solubility less 5% (see Table 3 of You). Noguchi and Falsafi are analogous art because they are from the same field of endeavor that is the photocurable composition art. It would have been obvious to a person of ordinary skill in the art to combine the photopolymerization initiator of Falsafi with the invention of Noguchi, and the motivation for combining would be to provide rapid curing performance. Noguchi does not teach the polymerizable compound has a solubility of 1 wt% or more in the water. However, Falsafi teaches a photocurable composition comprising a polymerizable component having more than one reactive functional groups, wherein the polymerizable component has a solubility of at least 3% ([0022] and [0025]). Noguchi and Falsafi are analogous art because they are from the same field of endeavor that is the photocurable composition art. It would have been obvious to a person of ordinary skill in the art to combine the polymerization component of Falsafi with the invention of Noguchi, and the motivation for combining would be to control chemical process and polymerization rate. Response to Arguments Applicant’s argument is based on that Falsafi relates to dental compositions, whereas the present application and Noguchi relate to printing technology; thus Falsafi is non-analogous art which cannot properly be used in the obvious rejection above. This argument is not persuasive for the following reason. Falsafi teaches a photopolymerizable/photocurable composition containing photoinitiators ([0041], [0047] and [0049]). The current invention is drawn to a photopolymerizable composition containing photopolymerizable initiators (claims 1 and 3). Noguchi teaches a photocurable composition containing photopolymerization initiators (abstract, [0078] and [0079]). Therefore, Falsafi, Noguchi and the current application are analogous arts in the field of photocurable/photopolymerizable composition art; and such teaching and suggestion can be found in [0041], [0047] and [0049] of Falsafi, and abstract, [0078] and [0079] of Noguchi). For the above reason claims 1-11 stand rejected. 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. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETELHEM SHEWAREGED whose telephone number is (571)272-1529. The examiner can normally be reached Monday -Friday 7am-4:30pm. 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, Mark Ruthkosky can be reached at 571-272-1291. 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. BS May 21, 2026 /BETELHEM SHEWAREGED/ Primary Examiner Art Unit 1785
Read full office action

Prosecution Timeline

Mar 11, 2025
Application Filed
Nov 26, 2025
Non-Final Rejection mailed — §103
Mar 23, 2026
Response Filed
May 27, 2026
Final Rejection mailed — §103
Sep 25, 2026
Request for Continued Examination
Sep 28, 2026
Response after Non-Final Action
Oct 20, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
81%
With Interview (+9.2%)
2y 7m (~12m remaining)
Median Time to Grant
High
PTA Risk
Based on 1044 resolved cases by this examiner. Grant probability derived from career allowance rate.

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