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 .
Response to Amendment
Applicant’s Amendment filed 07/01/2025 has been accepted and is entered. Claim 1 has been amended. Claim 21 is added. No new matter appears to have been added with these amendments.
Response to Arguments
Applicant’s amendments have placed the claims outside the scope of the prior art used to furnish the rejections made in the prior office action. As such, all rejections are withdrawn.
After further search and consideration, however, the Examiner makes a new grounds of rejection. Applicant’s Amendment necessitated the new grounds of rejection.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, and 6-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyata et al (US 20190196325 A1, published 06/27/2019).
Regarding Claim 1, 3, 6, 8-14, and 16-21, Miyata discloses a photosensitive composition for forming a cured film that is patternable, as well as an optical filter, laminate, image display device, and infrared sensor. The composition comprises a near-infrared absorber, a curable compound, a photoinitiator, and an ultraviolet absorber (Abstract).
Miyata does not disclose the limitations of the claim in a single experimental embodiment.
These limitations are met by the general disclosure of the reference.
Applicant’s claim uses “comprising” language with regards to the sum of the composition – unrecited components are not excluded from the composition at large. The colorant is described using “consisting” language, which excludes colorants not delimited by the claim, but does not exclude additional components form the composition when those additional components are not colorants.
A near-infrared absorbing compound is discussed from [0074]-[0108], where the compound may be a cyanine or squarylium compound.
The ultraviolet absorber is described from [0109]-[0136], where the absorber may be a compound from the examples in [0132] such as the one below (claim 18):
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The ultraviolet absorber is present in 2-9% mass of the total solid mass of the composition (0136).
The composition includes a curable compound, such as a radically polymerizable compound ([0137]-[0147] or a cationically polymerizable compound ([0148]-[0171]), where the radically polymerizable compound may be pentaerythritol tetraacrylate (claim 21 - compound M1) or multiple monomers and/or polymers in admixture.
The photoinitiator is discussed from [0171]-[0195], where the initiator may be a photoradical initiator or a photocationic initiator.
A chromatic colorant is disclosed from [0196]-[0209, where the chromatic colorant may be pigment or dye, and is a colorant having a color that is not white or black. Organic pigments listed as viable colorants include Color index Pigments Yellow 150, Green 7, Blue 15:3 and Blue 15:4. The pigment may be used singly ( one pigment comprises 100% of the colorant) or in admixture. The disclosure thus covers embodiments having a colorant comprising 100% of Color Index Blue 15:3 or 15:4 (claim 20) or a mixture of the two (claim 19), or CI Blue 15:3 and/or 15:4 and another CI pigment color. The colorant is present in an amount ranging from 01. To 70% by mass of the solid content of the composition (claim 3).
A resin is disclosed by the reference from [0226]-[0249], where the resin may be a methacrylic resin or other resin having an alkali-soluble property (claim 6), such as those including structural units represented among the formulas of [0241] and [0242]. The acid value of the resin is preferably between 30 and 200 mg/g KOH (claim 17).
A solvent is also disclosed from [0276]-[0282], where the solvent may be an ester, ketone, or other compound such as 2-heptanone or other compound discussed in [0277].
The disclosure asserts that the resin composition can be used in forming an optical filter having pixels of a cured film formed from the composition, where the pixel may be cyan in color, and ([0306]-[0335] – claims 9, 10, 12-14, and 16, where the color filter, image display device, and solid-state imaging device of claims 13, 14, and 16 only require the cured film of claim 12 as practicable limitations). The composition may be used in forming a cured film for a solid state imaging device such as a charge-coupled device (Claim 11).
A person of ordinary skill in the art would have found it obvious to arrive at the claimed invention prior to the filing date in view of the general disclosure of Miyata, which discloses sufficient components and uses therefor to arrive at a photosensitive resin composition and derivative products derived therefrom – the application of the disclosed components in such uses would amount to using known components in known process to arrive at known products.
Regarding Claim 7 and 8, the UV-absorbing compound may be present in 2-9% by mass of the solid content of the composition. The photoinitiator may be present in 0.1 to 50 mass% of the total solid content of the composition ([0173]. The polymerizable compound is present in 0.1 to 40 mass% of the composition’s solid content ([0147]). As such, the UV absorber may be present in a range of 4 parts to 9000 parts per 100 parts of photoinitiator, and may be present in a range of 5 parts to 9000 parts per 100 parts of polymerizable compound.
A person of ordinary skill in the art would have found it obvious to arrive at the claimed invention from the general disclosure of the reference, which discloses an overlapping range(s) that maps onto the claimed invention’s range(s). See MPEP 2144.05.I.
Regarding Claim 15, Miyata’s disclosure asserts that the resin composition can be used in forming an optical filter having pixels of a cured film formed from the composition, where the pixel may be cyan in color, but may also be yellow, magenta, red, or another color as described in [0333]. Such filter may be used in a image display device or a solid state element such as a CCD. The devices contemplated by the reference as described from [0334]-[0380] include multiple pixels ([0370]). A person of ordinary skill in the art would have found it obvious to arrive at the claimed invention in view of the general disclosure – which discloses pixels of varying color and an embodiment that uses multiple pixels – the selection of particular embodiments of pixels is a matter of selecting from art-recognized alternatives with the recognition that the color of the pixels selected would display a particular color.
Claim 2 is rejected under 35 U.S.C. 103 in view of Miyata et al (US 20190196325 A1, published 06/27/2019) as applied to claim 1 above, and further in view of Enokido (JP 2013054381 A)
Regarding claim 2, Miyata teaches the limitations of the claim as discussed above regarding claim 1.
Miyata however does not disclose the particle size of the Color Index Blue 15:3 and 15:4 pigments disclosed as part of its compositions.
This limitation is met by Enokido.
Enokido teaches a photosensitive resin composition comprising a colorant, a resin, a polymerizable compound, a photopolymerization initiator, and a solvent.
The colorant of the composition is described in [0009], [0012]-[0031]. The colorant may be, as described in [0009], a combination of Color Index Pigment Green 7 and Color Index Pigment Blue 15:3 or other combination described therein. In [0009], the mass ratio of CI Pigment Green 7 to CI Pigment Blue 15:3 is described as ranging from (G:B) 4:1 to 1:2, or expanded to 100 percent – 80%:20% to 33%:66%. The average particle size of the pigments is preferably 0.01 microns to 0.1 microns, or 10 to 100nm (See [0019]). Enokido discloses in [0019]-[0024] that the pigments are from a handleability and dispersibility standpoint that they should be in the sizes discussed above.
A person of ordinary skill in the art would have found it obvious to incorporate the CI Blue 15:3 and 15:4 pigments (and/or other pigments) of Miyata in the taught particle sizes of Enokido so as to aid in the handleability of ingredients during formulation.
Claim(s) 4 and 5 are rejected under 35 U.S.C. 103 in view of Miyata et al (US 20190196325 A1, published 06/27/2019) as applied to claim 1 above, and further in view of Wu et al. (WO2018135370A1)
Regarding claims 4 and 5,Miyata discloses the limitations of the claims as discussed above regarding claim 1.
Miyata does not specifically teach the resin component as having an amine value falling within a specific range, but does teach methacrylic resins and monomers therein having amine functionalities ([0242].
These limitations are met by Wu.
Wu teaches a known composition for forming a color filter which is analogous to the composition of Miyata as shown above. Wu further teaches that when the amine value of the dispersant is within the range of 40 to 120 mgKOH/g, "the viscosity is excellent in stability over time and heat resistance, and is also excellent in alkali developability and solvent resolubility". ([0086])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the resin of Miyata to be a (meth)acrylic resin having an amine value of 40 to 120 mgKOH/g, per the teachings of Wu and enable by the amine-bearing monomer units described in Miyata. Furthermore, the general disclosure of Miyata allows for the resin to be a (methyl)acrylic resin, and is silent on its amine value. Furthermore, per the teachings of Wu, this modification would produce a composition which is excellent in stability overtime, heat resistance, alkali-developability, and solvent resolubility. It would have further been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the amine value of the resin of Miyata to have an amine value in the range of 40 to 60 mgKOH/g. [In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)] (MPEP 2144.05)
Conclusion
Applicant's amendment 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.
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/A.P.T./Examiner, Art Unit 1737
/JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734