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 .
Response to Arguments
Applicant’s cancellation of claims 6-7 and addition of claims 19 and 20 is acknowledged.
Applicant’s arguments filed 21 November 2025, with respect to the rejection(s) of claim(s) 1 and its dependent claims under 35 U.S.C. 103, have been fully considered but they are not persuasive.
Applicant has amended claim 1 to incorporate the limitations of claim 7 into claim 1. Accordingly, claim 1 now limits the pigment derivative A2 to one that includes at least one partial structure selected from the group consisting of Formulae (Pg-2) to (Pg-10). Applicant argues that the previously cited prior art fails to teach or suggest such a partial structure. In particular, Applicant argues that the derivative 45 cited from JP ‘429 (see paragraph 8 of the office action filed 21 August 2025) taught the partial structure of Formula (Pg-1) (see paragraph 14 of the office action filed 21 August 2025), which is no longer recited by the claims. Whilst the derivative 45 was cited as teaching the partial structure represented by Formula (Pg-1), the derivative 45 taught by JP ‘429 includes additional partial structures. For instance, the structure of derivative 45 is reproduced below.
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It is apparent upon review of the structure of derivative 45 that the partial structure represented by Formula (Pg-1) is present in the compound (see the rectangle in the below structure).
However, derivative 45 also includes at least a partial structure represented by Formula (Pg-7), as shown in the oval in the above structure. Therefore, Applicant’s arguments in regards to instant claim 1 are not considered persuasive, as the amended limitations of claim 1 are rendered obvious by the previously cited prior art.
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.
Claim(s) 1-3, 5, 8, 11-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005266429 A (hereby referred to as JP ‘429) in view of JP 2003128643 A (hereby referred to as JP ‘643).
Regarding Claims 1, 5, and 18, JP ‘429 discloses a green coloring composition for color filters and a color filter formed from the same. The green coloring composition comprises, as seen in Example 4 (see Table 1 on page 29 of JP ‘429), a pigment dispersion comprising a first pigment derivative (derivative 46), a second pigment derivative (derivative 45), and one or more pigments (C.I. Pigment Green 36 and C.I. Pigment Yellow 150, see paragraph 0062 of the English translation of JP ‘429). The pigment dispersion disclosed above is mixed with a photopolymerization initiator (Irgacure 907) and a polymerizable compound (trimethylolpropane triacrylate) (JP ‘429, paragraph 0063 of the English translation). The structure of derivative 45 is reproduced below.
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The structure of derivative 45 as disclosed by JP ‘429 is identical to structure (A2)-2 as depicted on page 37 of the instant application’s specification. Per paragraph 0275 and Table 3 of the instant application’s specification (see pages 114 and 115 of the instant application’s specification), structure (A2)-2 (and thus, derivative 45 as disclosed by JP ‘429) has a maximum molar light absorption coefficient in the wavelength range of 400 to 700 nm of 4000 L mol-1 cm-1 or more and 5000 L mol-1 cm-1 or less. The structure of derivative 45 includes a partial structure represented by Formula (Pg-7), as recited by instant claim 1.
However, the first pigment derivative (derivative 46) disclosed by JP ‘429 does not have the structure recited by instant claim 1. JP ‘643 teaches a urea compound, a pigment dispersant, and a colored photosensitive composition containing a pigment dispersant. The urea compound is represented by general formula (1) (JP ‘643, paragraph 0013 of the English translation, see also general formula (1) on page 2 of the original JP ‘643 publication). Specific examples of the urea compound are shown as exemplary compound 1 to 77 (JP ‘643, paragraph 0038 of the English translation, refer to pages 6-14 of the original JP ‘643 publication). Of note are compounds 1 through 8, though several other compounds (such as 9 through 18) are also of the form of Formula (1) as recited by instant claim 1. Compounds 1 through 3, as taught by JP ‘643, are reproduced below.
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Compounds 1 through 3 comprise a nitrogen-containing aromatic heterocyclic ring, a divalent linking group, and a group represented by Formula (Z1), as recited by instant claim 1. The different pieces are highlighted below.
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The group that is circled corresponds to A1 as recited by instant claim 1, the group in the triangle corresponds to L1 as recited by instant claim 1, and the group in the rectangle corresponds to Z1 as recited by instant claim 1. Regarding Z1, the Yz1 group is -NH-; Lz1 is a propyl group; both of Rz1 and Rz2 is an ethyl group; and the value of m is 2. The group in the rectangle similarly satisfies Formula (Z2) as recited by instant claim 5. Regarding L1, Compounds 1 through 3 each are of the form represented by Formula (L1) as recited by instant claim 18. In particular, L1A is -NH-; L1B is -CO-; and L1C is -NH-. JP ‘643 teaches that the urea compounds have a molar absorption coefficient of less than 1,000 at wavelengths of 400 nm or more (JP ‘643, paragraph 0016 of the English translation). The urea compound is used as a pigment dispersant and is included in a colored photosensitive composition (JP ‘643, paragraph 0052 of the English translation). The colored photosensitive composition includes a binder resin, a multifunctional monomer (i.e. a polymerizable compound), and a photopolymerization initiator (JP ‘643, paragraph 0076 of the English translation), in addition to the pigment dispersant described above and a pigment (JP ‘643, paragraph 0074 and 0053 of the English translation).
JP ‘429 and JP ‘643 are analogous art because both references pertain to photosensitive coloring compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to replace derivative 46 as disclosed by JP ‘429 with the pigment derivative taught by JP ‘643 in the coloring photosensitive composition disclosed by JP ‘429 because the pigment derivative taught by JP ‘643 improves the dispersibility of the pigment in the composition, improves dispersion stability, and makes it possible to obtain a pigment dispersion that is substantially colorless without impairing the original hue of the pigment, has excellent light transmittance, and has good fluidity (JP ‘643, paragraph 0052 of the English translation).
Regarding Claim 2, JP ‘429 does not teach that, in Example 4 of JP ‘429, the content of the first pigment derivative (derivative 46, see Table 1 of JP ‘429) is 50% to 90% by mass with respect to a total mass of the first pigment derivative and the second pigment derivative (derivative 45, see Table 1 of JP ‘429). JP ‘643 does not teach this feature either. Rather, in Example 4 of JP ‘429, the first pigment derivative (derivative 46, see Table 1 of JP ‘429) is 35% (4.3/(4.3+8.0)=0.35; see Table 1) by mass with respect to a total mass of the first and second pigment derivatives. However, Example 4 is merely an example and the invention of JP ‘429 is not limited to such. Furthermore, in the general disclosure of the invention of JP ‘429, the ratio of multiple pigment derivatives is not limited, merely the content of the pigment derivative as a whole (see paragraph 0013 of the English translation of JP ‘429). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the relative contents of the first and second pigment derivatives in the coloring composition obtained by combining JP ‘429 and JP ‘643 such that the content of the pigment derivative analogous to pigment derivative A1 is 50% to 90% by mass with respect to a total mass of the pigment derivative analogous to pigment derivative A1 and the pigment derivative analogous to pigment derivative A2. Since such a modified embodiment would be within the limitations of the invention of JP ‘429, and the content ratios of Example 4 are disclosed only as part of a non-limiting example, one of ordinary skill in the art would have a reasonable expectation of similar result for this modification.
Regarding Claim 3, JP ‘429 discloses that the total content of the first pigment derivative (derivative 46 as shown in Table 1 of JP ‘429) and the second pigment derivative (derivative 45 as shown in Table 1 of JP ‘429) is 14 parts by mass with respect to 100 parts by mass of the pigment (Table 1; (8.0 parts by mass of derivative 45 + 4.3 parts by mass of derivative 46)/(49.0 parts by mass of Green untreated Pigment + 38.7 parts by mass of Yellow untreated Pigment)= 0.14). Therefore, it would have been obvious to make the total content of the pigment derivatives 1 to 30 parts by mass with respect to 100 parts by mass of the pigment in the composition obtained by combining JP ‘429 and JP ‘643.
Regarding Claim 8, JP ‘429 discloses that the pigment (Green untreated pigment and Yellow untreated Pigment, see Table 1 of JP ‘429) includes halogenated phthalocyanine (C.I. Pigment Green 36, see paragraph 0062 of the English translation of JP ‘429).
Regarding Claim 11, JP ‘429 does not specifically teach that the composition of Example 4 includes a dispersant which is a resin. However, Example 4 is merely an example and the invention of JP ‘429 is not limited to such. Furthermore, JP ‘429 teaches in the general disclosure of the invention that the composition of JP ‘429 may further contain a dispersant aid such as a resin-type pigment dispersant (JP ‘429, paragraph 0043 of the English translation) to prevent re-aggregation. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition obtained by combining JP ‘429 and JP ‘643, as discussed above, to further include a resin-type pigment dispersant. This modification would help prevent re-aggregation and such a modification is within the limitations of the disclosed invention of JP ‘429 (see JP ‘429, paragraph 0043 of the English translation).
Regarding Claim 12, JP ‘429 discloses that the composition further comprises a resin having an acid group (acrylic resin solution 1, see paragraph 0058 and 0062 of the English translation of JP ‘429; methacrylic acid, see paragraph 0058-0059 of the English translation of JP ‘429). Therefore, it would have been obvious to include a resin having an acid group in the composition obtained by combining JP ‘429 and JP ‘643.
Regarding Claim 13, JP ‘429 discloses a film formed from the coloring photosensitive composition of claim 1 (JP ‘429, paragraph 0064 of the English translation). Therefore, it would have been obvious to form a film using the coloring composition obtained by combining JP ‘429 and JP ‘643.
Regarding Claim 14, JP ‘429 discloses a color filter formed from the coloring photosensitive composition according to claim 1 (JP ‘429, paragraph 0002 of the English translation). Therefore, it would have been obvious to form a color filter using the coloring composition obtained by combining JP ‘429 and JP ‘643.
Regarding Claim 15, JP ‘429 discloses a solid-state imaging element comprising the film according to claim 13 (color image pickup tube element; see paragraph 0002 of the English translation of JP ‘429). Therefore, it would have been obvious to form a solid-state imaging element using the film formed from the coloring composition obtained by combining JP ‘429 and JP ‘643.
Regarding Claim 16, JP ‘429 discloses an image display device comprising the film according to claim 13 (color liquid crystal display device; see paragraph 0002 of the English translation of JP ‘429). Therefore, it would have been obvious to form an image display device using the film formed from the coloring composition obtained by combining JP ‘429 and JP ‘643.
Regarding Claim 20, the combination of JP ‘429 and JP ‘643 renders obvious the photosensitive coloring composition according to instant claim 1. As noted above, the Compounds 1 to 3 of JP ‘643 include a group represented by Formula (L1) as L1 for the pigment derivative A1. However, Compounds 1 to 3 of JP ‘643 do not include an arylene group in the group represented by Formula (L1). However, JP ‘643 further teaches similar structures to Compounds 1 to 3 which include an arylene linking group within the Formula (L1). For instance, Compound 9 (which is reproduced below) in addition to Compounds 10-14 have -NHCO- as L1A, -NH-aryl- as L1B, and -CONH- as L1C (see page 6 of the JP ‘643 publication).
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It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to replace Compound 1 to 3 as taught by JP ‘643 with a compound such as Compound 9 as the pigment derivative A1 because Compounds 1 to 3 and Compound 9 are taught to be functional equivalents for use in photosensitive coloring compositions (see paragraph 0038 of the JP ‘643 English translation). See MPEP 2144.06 II.
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005266429 A (hereby referred to as JP ‘429) in view of JP 2003128643 A (hereby referred to as JP ‘643) as applied to claim 1 above, and further in view of WO 2016190162 A1 (citing the corresponding US National Phase Application US 20180057690 A1, hereby referred to as Mori).
Regarding Claims 9 and 10, JP ‘429 discloses the use of Irgacure 907 as the photopolymerization initiator (JP ‘429, paragraph 0063 of the English translation). JP ‘643 teaches that the photopolymerization initiator is preferably one having a molar absorption coefficient of at least 50 in a range of 300 nm to 500 nm (JP ‘643, paragraph 0081 of the English translation).
However, JP ‘429 and JP ‘643 do not disclose the use of an oxime compound as the photopolymerization initiator. Mori teaches a coloring composition and a method of manufacturing a color filter. The coloring composition taught by Mori comprises a coloring material that shields light in the visible range and an infrared absorber (Mori, paragraph 0071). The composition may further comprise a polymerizable compound (Mori, paragraph 0479), a photopolymerization initiator (Mori, paragraph 0529), and a pigment derivative (Mori, paragraph 0472). Mori teaches the use of Irgacure 907 (Mori, paragraph 0539). Mori further teaches that an oxime compound is preferable as a photopolymerization initiator (Mori, paragraph 0541). In particular, Mori teaches particular oxime compounds in paragraphs 0580 and 0595, wherein the first structure depicted in paragraph 0580 is identical to compound (C-13) of the instant application (see page 60 of the instant application’s specification). Mori further teaches that the molar absorption coefficient at 365 nm or 405 nm is preferably 5,000 to 200,000 (Mori, paragraph 0597).
JP ‘429, JP ‘643, and Mori are analogous art because each reference pertains to photosensitive coloring compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to replace Irgacure 907 with the oxime compound taught by Mori in the composition obtained by combining JP ‘429 and JP ‘643 because the oxime compound and Irgacure 907 are taught to be functional equivalents for the same purpose (see Mori, paragraphs 0539, 0541, and 0580). Furthermore, the oxime compound taught by Mori provides improved sensitivity and therefore pattern formability is improved (see Mori, paragraph 0597 and 0601).
Claim(s) 1-3, 5, 8, 11-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005266429 A (hereby referred to as JP ‘429) in view of JP 2003081972 A (hereby referred to as JP ‘972).
Regarding Claims 1, 5, and 17, JP ‘429 discloses a green coloring composition for color filters and a color filter formed from the same. The green coloring composition comprises, as seen in Example 4 (see Table 1 on page 29 of JP ‘429), a pigment dispersion comprising a first pigment derivative (derivative 46), a second pigment derivative (derivative 45), and one or more pigments (C.I. Pigment Green 36 and C.I. Pigment Yellow 150, see paragraph 0062 of the English translation of JP ‘429). The pigment dispersion disclosed above is mixed with a photopolymerization initiator (Irgacure 907) and a polymerizable compound (trimethylolpropane triacrylate) (JP ‘429, paragraph 0063 of the English translation). The structure of derivative 45 is reproduced below.
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The structure of derivative 45 as disclosed by JP ‘429 is identical to structure (A2)-2 as depicted on page 37 of the instant application’s specification. Per paragraph 0275 and Table 3 of the instant application’s specification (see pages 114 and 115 of the instant application’s specification), structure (A2)-2 (and thus, derivative 45 as disclosed by JP ‘429) has a maximum molar light absorption coefficient in the wavelength range of 400 to 700 nm of 4000 L mol-1 cm-1 or more and 5000 L mol-1 cm-1 or less. The structure of derivative 45 includes a partial structure represented by Formula (Pg-7), as recited by instant claim 1.
However, the first pigment derivative (derivative 46) disclosed by JP ‘429 does not have the structure recited by instant claim 1. JP ‘972 teaches a triazine compound, a pigment dispersant, and a colored photosensitive composition containing a pigment dispersant. The triazine compound is represented by general formula (1) or (2) (JP ‘972, paragraph 0012 of the English translation, see also general formula (1) and (2) on page 2 of the original JP ‘972 publication). Specific examples of the triazine compound are shown as exemplary compound 1 to 28 (JP ‘972, refer to pages 7-11 of the original JP ‘972 publication). Of note is Compound 1, though several other compounds (such as 2, 3, 5, and 6) are also of the form of Formula (1) as recited by instant claim 1. Compound 1, as taught by JP ‘972, is reproduced below.
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Compound 1 comprises a nitrogen-containing aromatic heterocyclic ring, a divalent linking group, and a group represented by Formula (Z1), as recited by instant claim 1. The different pieces are highlighted below.
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The group in the irregular polygon corresponds to A1 as recited by instant claim 1, the group in the triangle corresponds to L1 as recited by instant claim 1, and the group in the rectangle corresponds to Z1 as recited by instant claim 1. Regarding Z1, the Yz1 group is -NH-; Lz1 is a propyl group; both of Rz1 and Rz2 is an ethyl group; and the value of m is 2. The group in the rectangle similarly satisfies Formula (Z2) as recited by instant claim 5. Regarding A1, Compound 1 is of the form represented by Formula (A1) as recited by instant claim 17. In particular, Ya1 and Ya2 are -NH-; B1 is -C3H6NEt2; and B2 is the benzimidazolinone group. JP ‘972 teaches that the triazine compounds have a molar absorption coefficient of less than 1,000 at wavelengths of 400 nm or more (JP ‘972, paragraph 0017 of the English translation). The triazine compound is used as a pigment dispersant and is included in a colored photosensitive composition (JP ‘972, first paragraph on page 18 of the English translation). The colored photosensitive composition includes a binder resin, a multifunctional monomer (i.e. a polymerizable compound), and a photopolymerization initiator (JP ‘972, see the second paragraph on page 19 of the English translation), in addition to the pigment dispersant described above and a pigment (JP ‘972, third-to-last paragraph on page 18 and second paragraph on page 14 of the English translation).
JP ‘429 and JP ‘972 are analogous art because both references pertain to photosensitive coloring compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to replace derivative 46 as disclosed by JP ‘429 with the pigment derivative taught by JP ‘972 in the coloring photosensitive composition disclosed by JP ‘429 because the pigment derivative taught by JP ‘972 improves the dispersibility of the pigment in the composition, improves dispersion stability, and makes it possible to obtain a pigment dispersion that is substantially colorless without impairing the original hue of the pigment, has excellent light transmittance, and has good fluidity (JP ‘972, first paragraph on page 18 of the English translation).
Regarding Claim 2, JP ‘429 does not teach that, in Example 4 of JP ‘429, the content of the first pigment derivative (derivative 46, see Table 1 of JP ‘429) is 50% to 90% by mass with respect to a total mass of the first pigment derivative and the second pigment derivative (derivative 45, see Table 1 of JP ‘429). JP ‘972 does not teach this feature either. Rather, in Example 4 of JP ‘429, the first pigment derivative (derivative 46, see Table 1 of JP ‘429) is 35% (4.3/(4.3+8.0)=0.35; see Table 1) by mass with respect to a total mass of the first and second pigment derivatives. However, Example 4 is merely an example and the invention of JP ‘429 is not limited to such. Furthermore, in the general disclosure of the invention of JP ‘429, the ratio of multiple pigment derivatives is not limited, merely the content of the pigment derivative as a whole (see paragraph 0013 of the English translation of JP ‘429). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the relative contents of the first and second pigment derivatives in the coloring composition obtained by combining JP ‘429 and JP ‘972 such that the content of the pigment derivative analogous to pigment derivative A1 is 50% to 90% by mass with respect to a total mass of the pigment derivative analogous to pigment derivative A1 and the pigment derivative analogous to pigment derivative A2. Since such a modified embodiment would be within the limitations of the invention of JP ‘429, and the content ratios of Example 4 are disclosed only as part of a non-limiting example, one of ordinary skill in the art would have a reasonable expectation of similar result for this modification.
Regarding Claim 3, JP ‘429 discloses that the total content of the first pigment derivative (derivative 46 as shown in Table 1 of JP ‘429) and the second pigment derivative (derivative 45 as shown in Table 1 of JP ‘429) is 14 parts by mass with respect to 100 parts by mass of the pigment (Table 1; (8.0 parts by mass of derivative 45 + 4.3 parts by mass of derivative 46)/(49.0 parts by mass of Green untreated Pigment + 38.7 parts by mass of Yellow untreated Pigment)= 0.14). Therefore, it would have been obvious to make the total content of the pigment derivatives 1 to 30 parts by mass with respect to 100 parts by mass of the pigment in the composition obtained by combining JP ‘429 and JP ‘972.
Regarding Claim 8, JP ‘429 discloses that the pigment (Green untreated pigment and Yellow untreated Pigment, see Table 1 of JP ‘429) includes halogenated phthalocyanine (C.I. Pigment Green 36, see paragraph 0062 of the English translation of JP ‘429).
Regarding Claim 11, JP ‘429 does not specifically teach that the composition of Example 4 includes a dispersant which is a resin. However, Example 4 is merely an example and the invention of JP ‘429 is not limited to such. Furthermore, JP ‘429 teaches in the general disclosure of the invention that the composition of JP ‘429 may further contain a dispersant aid such as a resin-type pigment dispersant (JP ‘429, paragraph 0043 of the English translation) to prevent re-aggregation. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition obtained by combining JP ‘429 and JP ‘972, as discussed above, to further include a resin-type pigment dispersant. This modification would help prevent re-aggregation and such a modification is within the limitations of the disclosed invention of JP ‘429 (see JP ‘429, paragraph 0043 of the English translation).
Regarding Claim 12, JP ‘429 discloses that the composition further comprises a resin having an acid group (acrylic resin solution 1, see paragraph 0058 and 0062 of the English translation of JP ‘429; methacrylic acid, see paragraph 0058-0059 of the English translation of JP ‘429). Therefore, it would have been obvious to include a resin having an acid group in the composition obtained by combining JP ‘429 and JP ‘972.
Regarding Claim 13, JP ‘429 discloses a film formed from the coloring photosensitive composition of claim 1 (JP ‘429, paragraph 0064 of the English translation). Therefore, it would have been obvious to form a film using the coloring composition obtained by combining JP ‘429 and JP ‘972.
Regarding Claim 14, JP ‘429 discloses a color filter formed from the coloring photosensitive composition according to claim 1 (JP ‘429, paragraph 0002 of the English translation). Therefore, it would have been obvious to form a color filter using the coloring composition obtained by combining JP ‘429 and JP ‘972.
Regarding Claim 15, JP ‘429 discloses a solid-state imaging element comprising the film according to claim 13 (color image pickup tube element; see paragraph 0002 of the English translation of JP ‘429). Therefore, it would have been obvious to form a solid-state imaging element using the film formed from the coloring composition obtained by combining JP ‘429 and JP ‘972.
Regarding Claim 16, JP ‘429 discloses an image display device comprising the film according to claim 13 (color liquid crystal display device; see paragraph 0002 of the English translation of JP ‘429). Therefore, it would have been obvious to form an image display device using the film formed from the coloring composition obtained by combining JP ‘429 and JP ‘972.
Regarding Claim 19, the combination of JP ‘429 and JP ‘972 renders obvious the photosensitive coloring composition according to instant claim 1. As noted above, the Compound 1 of JP ‘972 includes a group represented by Formula (A1) as A1 for the pigment derivative A1. However, Compound 1 of JP ‘972 does not include an aryl group for B1 and B2. However, JP ‘972 further teaches similar structures to Compound 1 which include an aryl group for B1 and B2. For instance, Compound 17 (which is reproduced below) has -NH- for both Ya1 and Ya2 as well as aryl groups for B1 and B2 (see page 9 of the JP ‘972 publication).
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Furthermore, Formula (1) of JP ‘972 may include, as R1, a group represented by X3-Ar, wherein X3 can be -N(R2)- and Ar is a hydrocarbon aromatic ring (JP ‘972, paragraph 0014-0015 of the original publication and paragraph 0018 of the English translation). In this embodiment, the triazine ring has the structure represented by Formula (A1), according to instant claim 19.
It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to replace Compound 1 as taught by JP ‘643 with a compound such as Compound 17 as the pigment derivative A1 because Compounds 1 and 17 are taught to be functional equivalents for use in photosensitive coloring compositions (see paragraph 0035 of the JP ‘972 English translation). See MPEP 2144.06 II.
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2005266429 A (hereby referred to as JP ‘429) in view of JP 2003081972 A (hereby referred to as JP ‘972) as applied to claim 1 above, and further in view of WO 2016190162 A1 (citing the corresponding US National Phase Application US 20180057690 A1, hereby referred to as Mori).
Regarding Claims 9 and 10, JP ‘429 discloses the use of Irgacure 907 as the photopolymerization initiator (JP ‘429, paragraph 0063 of the English translation). JP ‘972 teaches that the photopolymerization initiator is preferably one having a molar absorption coefficient of at least 50 in a range of 300 nm to 500 nm (JP ‘972, last paragraph on page 19 of the English translation).
However, JP ‘429 and JP ‘972 do not disclose the use of an oxime compound as the photopolymerization initiator. Mori teaches a coloring composition and a method of manufacturing a color filter. The coloring composition taught by Mori comprises a coloring material that shields light in the visible range and an infrared absorber (Mori, paragraph 0071). The composition may further comprise a polymerizable compound (Mori, paragraph 0479), a photopolymerization initiator (Mori, paragraph 0529), and a pigment derivative (Mori, paragraph 0472). Mori teaches the use of Irgacure 907 (Mori, paragraph 0539). Mori further teaches that an oxime compound is preferable as a photopolymerization initiator (Mori, paragraph 0541). In particular, Mori teaches particular oxime compounds in paragraphs 0580 and 0595, wherein the first structure depicted in paragraph 0580 is identical to compound (C-13) of the instant application (see page 60 of the instant application’s specification). Mori further teaches that the molar absorption coefficient at 365 nm or 405 nm is preferably 5,000 to 200,000 (Mori, paragraph 0597).
JP ‘429, JP ‘972, and Mori are analogous art because each reference pertains to photosensitive coloring compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to replace Irgacure 907 with the oxime compound taught by Mori in the composition obtained by combining JP ‘429 and JP ‘972 because the oxime compound and Irgacure 907 are taught to be functional equivalents for the same purpose (see Mori, paragraphs 0539, 0541, and 0580). Furthermore, the oxime compound taught by Mori provides improved sensitivity and therefore pattern formability is improved (see Mori, paragraph 0597 and 0601).
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.
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/JAYSON D COSGROVE/Examiner, Art Unit 1737
/JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734