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 .
The Office Action is in response to the application filed March 21, 2022.
Priority
Acknowledgement is made of applicant’s claim for foreign priority based on application filed in Japan on September 26, 2019.
Claim Analysis
Summary of Claim 1:
A curable composition comprising:
a coloring material;
a resin;
a polymerizable compound;
a polymerization initiator; and
silica particles,
wherein a content of the coloring material is 30 to 80 mass% with respect to a total solid content of the curable composition,
and a content of the silica particles is 5 to 30 mass% with respect to the total solid content of the curable composition.
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, 4, 6-10, 12-16 and 18-20 and are rejected under 35 U.S.C. 103 as being unpatentable over Kamimura et al. (US 2018/0164681; hereafter as “Kamimura”).
With regard to Claims 1, 6-8 and 18-20, Kamimura teaches a coloring photosensitive composition that is curable [Abstract] corresponding to the claimed curable composition. Kamimura also teaches that said curable composition [Abstract; Example 1; Paragraph 0588-0601] comprises:
1-80 wt.% coloring agent [Paragraph 0092], corresponding to the 30-80 wt. % coloring of material Claim 1, and 40-70 wt. % of coloring material of Claims 7 and 19;
a resin [Example 1; Paragraphs 0588-0601] of Claim 1;
a polymerizable compound [Example 1; Paragraphs 0588-0601] of Claim 1;
a photopolymerization initiator [Example 1; Paragraphs 0588-0601] of Claim 1; and
silica particles [Example 1; Paragraphs 0588-0601] of Claim 1.
Kamimura does not particularly teach the exact same range for the silica particles (5-30 wt. % of Claim 1, and 5-20 wt. % of Claims 6 and 18), and the ratio of coloring material to silica particles of Claims 8 and 20 as required by the instant claims.
However, Kamimura teaches the content ratio of (Si/Ti) of the Si atoms to the Ti atoms in an amount of 0.05 or more [Paragraph 0134] thereby overlapping with the claimed range of 5-30 mass% of Claim 1 and 5-20 mass% of Claims 6 and 18 when Ti is considered the coloring agent /coloring material and is present in the claim from 1-80 wt. %.
Furthermore, Kamimura teaches the amount of silica can be adjusted to a suitable range [Paragraph 0134] in order to reduce the amount of residue remaining outside of a region wherein a light-shielding film is formed. Therefore, the amount of silica can be optimized to reach the desired residue via a routine optimization. The case law has held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Thus, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to adjust the relative amount of the silica for the intended application via a routine optimization, thereby obtaining the present invention.
Regarding the mass ratio of coloring material to silica particles of Claims 8 and 20, since Kamimura teaches a range of 1-80 wt. % coloring agent [Paragraph 0092] and 0.05 or more of silica particles [Paragraph 0134], the ratio range of coloring agent to silica particles is 1:99 to 80:5, which overlaps the claimed ratio of 2:14.
Regarding Claims 4, 9-10, 12-16, Kamimura further teaches:
the resin preferably includes, among other things, a graft copolymer [Paragraph 0323], corresponding a resin having a repeating unit having a graft chain of Claim 4 and 16;
titanium black [Example 1; Paragraph 0594], thereby reading on the color materials of Claim 9;
A cured film [Abstract; Paragraph 0010; Claim 16], corresponding to the cured film of Claim 10;
A pattern, wherein the size of the pattern is preferable 2.5 µm or less [Paragraph 0536], corresponding to the patterned shape of Claim 12;
a color filter prepared with a cured film [Paragraphs 0530-0534], corresponding to the color filter of Claim 13;
a solid-state imaging device prepared with a cured film [Paragraph 0537], corresponding to the solid-state imaging device of Claim 14;
. an image display device prepared with a cured film [Paragraph 0537], corresponding to the image display device of Claim 15.
Claims 2-3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kamimura et al. (US 2018/0164681; hereafter as “Kamimura”) in view of Kim et al., (US 20180217297 A1; hereafter as “Kim”).
Kamimura teaches the curable composition according to Claim 1 as set forth above and incorporated herein by reference.
However, Kamimura is silent regarding silica particles with a coating layer of Claims 2 and 3 and a cured film wherein the reflectivity is 5% or less of Claim 11.
Regarding the coated silica particles of Claims 2 and 3, Kim teaches a curable composition [Paragraph 0052] that may comprise silica particles. Kim further teaches the surface of said silica particles may be coated with photoreactive functional group such as a fluorine-containing compound [Paragraphs 0052 and 0047], thereby corresponding to the silica particles with a coating layer of Claim 2, and reading on wherein the coating layer contains a fluorine atom of Claim 3. Kim also teaches said curable composition may be used as a protective film to prevent glare and improve the durability of the coated product [Abstract].
Kamimura and Kim are considered to be analogous art as the claimed invention, as all are in the same field of curable compositions comprising a resin, a polymerizable compound, a polymerization initiator and silica particles.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the fluorine compound coated silica particles of Kim to the curable composition of Kamimura, thereby arriving at the claimed invention.
Regarding the cured film of Claim 11, Kim, nevertheless, also teaches a cured film with an average reflectivity of -1.5% [Table 4], corresponding to the claimed range wherein the reflectivity is 5% or less of Claim 11.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the mass ratio of coloring material to silica particles range taught in Kamimura in view of Kim (1:78 to 80:9) encompasses the instantly claimed ratio (2:14), and the reflectivity of Kamimura in view of Kim (-1.5 %) is encompassed by the instantly claimed range (< 5%). Therefore, the mass ratio and reflectivity ranges are considered to establish a prima facie case of obviousness. It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges disclosed in the prior art reference, MPEP 2144.05.
Claims 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kamimura et al. (US 2018/0164681; hereafter as “Kamimura”) in view of Asanaka et al., (US 5494974 A; hereafter as “Asanaka”).
Kamimura teaches the elements of Claim 1 as set forth above and incorporated herein by reference.
Kamimura also teaches the resin preferably has an acid value of 30 to 500 mgKOH/g [Paragraph 0441], which overlaps the claimed range of 10 to 100 mgKOH/g of Claims 5 and 17.
However, Kamimura is silent regarding the resin having an ethylenically unsaturated bond equivalent of 0.4 to 2.5 mmol/g of Claims 5 and 17.
Kamimura and Asanaka are considered to be analogous art as the claimed invention, as all are in the same field of curable compositions comprising a resin, a polymerizable compound and a polymerization initiator.
Nevertheless, Asanaka teaches a curable composition comprising a resin, wherein said resin has a mixing ratio of unsaturated polyester prepolymer to ethylenic unsaturated monomer that is preferably 65:35 by weight [Col. 9, Lines 31-33]. Asanaka also teaches said ethylenic unsaturated monomer may comprise 2,2-bis(4-hydroxyphenyl)propane [Col. 9, Lines 14-15], which has a molecular weight of 228.3 g/mol and 10 mol of unsaturated bonds per mol of molecule. If the unsaturated polyester prepolymer is assumed to have a molecular weight of at least 15,000 g/mol, and the mixing ratio is assumed to be 65:35, the ethylenic unsaturated bond equivalent is at least 1 mmol/g (ethylenic unsaturated bond equivalent = 10/(0.65*15000g/mol + 0.35*228g/mol) = 1 mmol/g), which overlaps with the claimed range of 0.4 to 2.5 mmol/g of Claims 5 and 17. Asanaka further teaches said curable composition produces a molded product having a good translucent appearance, durability and stability [Col. 3, Lines 51-54].
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the acid value range taught in Kamimura (30 to 500 mgKOH/g) overlaps the instantly claimed range (10 to 100 mgKOH/g), and the unsaturated bond equivalent of Kamimura in view of Asanaka (>1 mmol/g) overlaps the instantly claimed range (0.4 to 2.5 mmol/g). Therefore, the acid value and unsaturated bond equivalent ranges are considered to establish a prima facie case of obviousness. It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges disclosed in the prior art reference, MPEP 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Ogawa et al. (US 2019/0185656) discloses a curable composition [Claim 1] that can be used to make a cured film [Claim 19], a color filter [Claim 20], a solid-state imaging device [Claim 21], said curable composition comprising: a colorant [Claim 1]; a resin [Claim 1]; a polymerizable compound [Claim 1]; and a photopolymerization initiator [Claim 1].
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/Doris Ling/Examiner, Art Unit 1764
/ARRIE L REUTHER/Supervisory Primary Examiner, Art Unit 1764