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

AQUEOUS COMPOSITION AND PRINTED MATTER

Non-Final OA §103
Filed
Mar 11, 2025
Examiner
SHEWAREGED, BETELHEM
Art Unit
1785
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
80%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
720 granted / 1007 resolved
+6.5% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
44 currently pending
Career history
1051
Total Applications
across all art units

Statute-Specific Performance

§103
61.2%
+21.2% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1007 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 . 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. 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 November 7, 2025 /BETELHEM SHEWAREGED/ Primary Examiner Art Unit 1785
Read full office action

Prosecution Timeline

Mar 11, 2025
Application Filed
Nov 07, 2025
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12570076
FILM AND LAMINATE
2y 5m to grant Granted Mar 10, 2026
Patent 12565022
Insulative Material
2y 5m to grant Granted Mar 03, 2026
Patent 12558913
RECORDING MATERIAL FOR DYE SUBLIMATION PRINTING HAVING IMPROVED TRANSPORT PROPERTIES
2y 5m to grant Granted Feb 24, 2026
Patent 12533866
INFRARED ADAPTIVE TRANSPARENT CAMOUFLAGE FILM
2y 5m to grant Granted Jan 27, 2026
Patent 12534636
EXTERIOR WINDOW FILM
2y 5m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
80%
With Interview (+8.4%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1007 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month