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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 13 August 2025 has been entered.
Response to Arguments
Applicant has submitted the proposed after-final amendments filed 14 July 2025. The Examiner filed an advisory action in response to the Applicant’s after-final response on 4 August 2025. No additional remarks, comments, and/or arguments have been filed. The response to arguments from the advisory action is reproduced below.
Applicant’s cancellation of claim 8 and addition of claim 17 is acknowledged.
Applicant's arguments filed 14 July 2025 have been fully considered but they are not persuasive.
Applicant has amended the claims to incorporate the claim limitations previously presented as claim 8 into independent claim 1. Applicant argues that the previously cited art (Yu, Paek, and KR ‘341) fails to render obvious the features of the claim amendments. Specifically, Applicant argues that Yu fails to teach the inclusion of the inorganic filler is included in a dispersion, and further argues that even assuming, arguendo, that Yu teaches an inorganic filler is included in a dispersion, that Yu fails to teach or suggest that a dispersion including a black pigment is included in a photosensitive resin composition in an amount of 3 times or more than a dispersion including an inorganic filler.
The teachings of Yu state that the photosensitive resin composition may include a dispersing agent to improve the dispersibility of the pigment (Yu, paragraph 0057). Further, Yu teaches that the photosensitive resin composition includes an inorganic filler (Yu, paragraph 0105), such as titania, zirconia, nickel oxide, alumina powder, silica, and the like (Yu, paragraph 0107). The instant application teaches that the inorganic scatterer may be silica (SiO2), titania (TiO2), or zirconia (ZrO2) (see pages 8-9 of the instant application’s specification). The inorganic filler is included with the black pigment (Yu, paragraph 0106). Thus, Yu teaches or suggests a photosensitive resin composition comprising a pigment, a dispersing agent, and an inorganic scatterer. Per the latest amendment, claim 1 recites that the pigment and the inorganic scatterer are included in a dispersion. As the photosensitive resin composition taught by Yu comprises the pigment, the inorganic filler that is analogous to the inorganic scatterer, and a dispersing agent, Yu teaches a dispersion comprising these elements. From the Examiner’s understanding, the Applicant sees the difference between Yu and the instant application being that the instant application incorporates the inorganic scatterer into a first dispersion, and the inorganic pigment into a second dispersion, and then incorporates the first and second dispersions into the photosensitive resin composition. However, the claim language “both the black inorganic pigment and the inorganic scatterer are included in a dispersion” does not require two distinct dispersions. Further, per MPEP 2113 I., the patentability of the claimed photosensitive resin composition does not depend on its method of production. If the product (in this case, the photosensitive resin composition) is the same as or obvious from a product of the prior art, the claim is unpatentable even though the product was made by a different process. As the previously cited prior art renders obvious the photosensitive resin components, the difference in preparation fails to make the composition nonobvious. Furthermore, the content of the inorganic filler of Yu is stated to be 0.05 to 5 wt% based on the total weight of the photosensitive resin composition (Yu, paragraph 0105), and the inorganic pigment is stated to be present in an amount of 10 to 50 wt% based on the total weight of the pigment (Yu, paragraph 0041). The pigment is included in the photosensitive resin composition in an amount of 1 to 20 wt% based on the total weight of the photosensitive resin composition (Yu, paragraph 0055). Thus, the inorganic black pigment may be in the photosensitive resin composition in an amount of at least 0.1 wt% (10 wt% of the pigment is inorganic, in the case that the pigment is contained in the resin composition in an amount of 1 wt%, thus giving 0.1 wt% (
10
100
*
1
w
t
%
=
0.1
w
t
%
)) and at most 10 wt% ((50 wt% of the pigment is inorganic, in the case that the pigment is contained in the resin composition in an amount of 20 wt%, thus giving 10 wt% (
50
100
*
20
w
t
%
=
10
w
t
%
)). The ranges taught by Yu enables an embodiment wherein the amount of the inorganic black pigment is included in the dispersion in an amount that is 3 times or more the amount of the inorganic scatterer is included in the dispersion. See MPEP 2144.05 I. Thus, whilst the disclosure of Yu is silent in regards to that the inorganic pigment and the inorganic scatterer are included in two separate dispersions (thus indicating a different process of producing the composition), the resulting photosensitive resin composition would still render the claimed photosensitive resin composition prima facie obvious. Therefore, Applicant’s arguments are not considered persuasive and the previous rejection is not withdrawn.
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) 1-2, 5-7, and 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0353557 A1 (hereby referred to as Yu) in view of US 2015/0065598 A1 (hereby referred to as Paek) and KR 20160039341 A (hereby referred to as KR ‘341).
Regarding Claims 1-2 and 5-7, Yu discloses a photosensitive resin composition. The photosensitive resin composition includes a colorant, a binder resin, a photopolymerizable compound, a photopolymerization initiator, an inorganic filler, and a solvent (Yu, paragraph 0034). The pigment may include an inorganic pigment (Yu, paragraph 0041), such as carbon black and the like (Yu, paragraph 0054). The binder resin includes a cardo-based resin or a mixture of a cardo-based resin and an acrylic-based resin (Yu, paragraph 0060). The cardo-based resin corresponds to the first binder resin of the instant application, and the acrylic-based resin corresponds to the second binder resin of the instant application. As the inorganic filler, materials such as zirconia (ZrO2), titania (TiO2), and silica (SiO2) may be used (Yu, paragraph 0107). These materials are amongst those listed as suitable inorganic scatterers by the instant application (see pages 8 and 9 of the instant application’s specification). In the examples, Yu discloses the use of KBR101 (product of Kyung-In Synthetic Co.) as the cardo-based resin and BX-04 (product of Japan Catalyst Company) as the acrylic-based resin (see Yu, paragraphs 0130-0147 and Table 1). KBR101 is the same cardo-based resin utilized by the instant application in the examples (see page 30 of the instant application’s specification). Yu is silent in regards to the refractive index of BX-04. However, Yu also discloses that the acrylic-based resin may be a methacrylic acid/benzylmethacrylate copolymer, a methacrylic acid/benzylmethacrylate/styrene copolymer, a methacrylic acid/benzylmethacrylate/2-hydroxyethylmethacrylate copolymer, a methacrylic acid/benzylmethacrylate/styrene/2-hydroxyethylmethacrylate copolymer, and the like (Yu, paragraph 0077). These specific acrylic-based resins are the same as those recited by the instant application (see pages 15 and 16 of the instant application’s specification). One having ordinary skill in the art would expect that the acrylic-based resins disclosed by the instant application would have a refractive index of 1.55 or less, as they are deemed suitable for use in the instant application’s composition. Thus, the acrylic-based resins disclosed by Yu should also inherently possess suitable refractive index. A photosensitive resin composition comprising the cardo-based resin KBR101 and an acrylic resin having a refractive index equal to or lower than 1.55 would be considered an obvious species derived from the genus disclosed by Yu. Specifically, Yu discloses a genus (acrylic-based resins used in combination with a cardo-based resin), and provides specific examples of suitable compounds (such as the copolymers named above). Thus, whilst the specific combination of a cardo-based resin and an acrylic-based resin having a refractive index of less than or equal to 1.55 is not explicitly disclosed by Yu, one having ordinary skill in the art would find this combination to be an obvious variant of the genus disclosed by Yu. See MPEP 2144.08. One having ordinary skill in the art would be motivated to make this species selection to achieve a composition having excellent adhesive properties with a substrate and excellent pattern resolution (see Yu, paragraph 0078-0079). This obvious variant suggested by Yu yields a photosensitive resin composition comprising two binder resins, wherein the first binder resin has a higher refractive index than the refractive index of the second binder resin, and the second binder resin has a refractive index of 1.55 or less. Yu discloses that the photosensitive resin may include 2 to 20 wt% of the binder resin based on the total weight of the photosensitive resin composition (Yu, paragraph 0081). Thus, Yu establishes a prima facie case of obviousness for the 3 wt% to 9 wt% binder resin content recited by instant claim 1, per MPEP 2144.05 I. Yu discloses that the pigment is dispersed in the photosensitive resin composition (Yu, paragraph 0057). Yu further teaches that the inorganic filler is included with the black pigment (Yu, paragraph 0106), indicating that the inorganic filler is also included in the form of a dispersion. The inorganic filler is present in the composition in an amount of 0.05 to 5 wt% (Yu, paragraph 0105), whilst the inorganic pigment is present in an amount of up to 50 wt% of the total pigment (Yu, paragraph 0041). The pigment is included in the composition in an amount of up to 20 wt% (Yu, paragraph 0055). Thus, one having ordinary skill in the art could arrive at a composition having an inorganic black pigment in amount of 3 times or more the amount of the inorganic filler through routine optimization. See MPEP 2144.05.
However, Yu fails to disclose a particle diameter of the black inorganic pigment. Paek teaches a black photosensitive resin composition. The black photosensitive resin composition includes a pigment dispersion including carbon black, a binder resin, a photopolymerizable monomer, a photopolymerization initiator, and a solvent (Paek, paragraph 0034). Paek teaches that the carbon black may have a primary particle diameter of about to 10 nm to about 50 nm (Paek, paragraph 0056). For example, the carbon black may have a particle diameter of 20 nm to 40 nm (Paek, paragraph 0056). In the examples, Paek utilizes carbon black having a primary particle diameter of 28 nm or 30 nm (see Paek, paragraph 0136-0142).
However, Yu and Paek fail to disclose an embodiment wherein the second binder resin (i.e. the acrylic-based binder resin) is present in an amount at least twice the amount of the first binder resin (i.e. the cardo-based binder resin). KR ‘341 teaches a photosensitive resin composition layer and a black column spacer using the same. The photosensitive resin composition comprises a binder resin, a reactive unsaturated compound (a photopolymerizable monomer), a pigment dispersion comprising a photopolymerization initiator, a solvent, and a pigment (KR ‘341, paragraph 0010 of the English translation). The pigment is a black pigment, such as carbon black (KR ‘341, paragraph 0040 of the English translation). The binder resin is a cardo-based binder resin, an acrylic-based binder resin, or a combination thereof (KR ‘341, paragraph 0050 of the English translation). The examples taught by KR ‘341 include compositions comprising an acrylic-based resin in an amount of at least twice the amount of the cardo-based resin (see Table 2 of KR ‘341 and paragraph 00159 of the English translation).
Yu, Paek, and KR ‘341 are analogous art because each reference pertains to photosensitive resin compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use a black inorganic pigment having a particle diameter of 30 nm or less, as taught by Paek, in the photosensitive resin composition disclosed by Yu because carbon black having a particle size in this range exhibits excellent stability in a pigment dispersion (see Paek, paragraph 0056). It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use an amount of the acrylic-based binder resin that is at least twice the amount of the cardo-based binder resin, as taught by KR ‘341, in the composition obtained from the combination of Yu and Paek because including more acrylic binder resin in the composition improves the physical properties of the black column spacer, such as solvent resistance and development margins (see paragraph 00133 of the English translation of KR ‘341).
Regarding Claim 12, Yu discloses that the photosensitive resin composition may include 2 to 20 wt% of the binder resin (Yu, paragraph 0081), 1 to 20 wt% of the photopolymerizable compound (Yu, paragraph 0090), 0.05 to 5 wt% of the photopolymerization initiator (Yu, paragraph 0102), 1 to 20 wt% of the pigment (wherein the pigment comprises 10 to 50 wt% of the inorganic black pigment, see paragraph 0041 of Yu) (Yu, paragraph 0055), 0.05 to 5 wt% of the inorganic filler (Yu, paragraph 0105), and the balance as solvent (which can be an amount of 50 to 90 wt%) (Yu, paragraph 0113). Thus, one having ordinary skill would be able to arrive at the composition according to instant claim 12 through routine optimization of the disclosure of Yu. See MPEP 2144.05.
Regarding Claim 13, Yu discloses that additional additives, such as malonic acid, 3-amino-1,2-propanediol, a silane-based coupling agent, a leveling agent, and/or a surfactant may be included in the photosensitive resin composition (Yu, paragraph 0116). Therefore, it would have been obvious to one having ordinary skill in the art before the filing date of the instant application to include one of the above additives in the photosensitive resin composition obtained by combining the teachings of Yu, Paek, and KR ‘341.
Regarding Claim 14, Yu discloses that a black spacer may be manufactured using the photosensitive resin composition (Yu, paragraph 0120). To form the black spacer, the photosensitive resin composition is coated on a substrate, the coated substrate is pre-baked, and then pattern-wise exposure and development is performed to produce a patterned film layer (Yu, paragraph 0121-0128). Therefore, it would have been obvious to one having ordinary skill in the art before the filing date of the instant application to form a photosensitive resin layer using the photosensitive resin composition obtained from the combination of Yu, Paek, and KR ‘341.
Regarding Claims 15 and 16, Yu discloses that the black spacer manufactured using the photosensitive resin composition has a structure combining a light-blocking layer and a column spacer (Yu, paragraph 0120). Yu further discloses that the photosensitive resin resin can be used to produce a light-blocking layer for use in display devices (Yu, paragraph 0003). Therefore, it would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use the composition obtained by combining the teachings of Yu, Paek, and KR ‘341 to form a light-blocking spacer and a display device.
Regarding Claim 17, Yu discloses that the content of the inorganic filler is 0.05 to 5 wt% based on the total weight of the photosensitive resin composition (Yu, paragraph 0105), and the inorganic pigment is stated to be present in an amount of 10 to 50 wt% based on the total weight of the pigment (Yu, paragraph 0041). The pigment is included in the photosensitive resin composition in an amount of 1 to 20 wt% based on the total weight of the photosensitive resin composition (Yu, paragraph 0055). Thus, the inorganic black pigment may be in the photosensitive resin composition in an amount of at least 0.1 wt% (10 wt% of the pigment is inorganic, in the case that the pigment is contained in the resin composition in an amount of 1 wt%, thus giving 0.1 wt% (
10
100
*
1
w
t
%
=
0.1
w
t
%
)) and at most 10 wt% ((50 wt% of the pigment is inorganic, in the case that the pigment is contained in the resin composition in an amount of 20 wt%, thus giving 10 wt% (
50
100
*
20
w
t
%
=
10
w
t
%
)). As discussed above, these components are included together (Yu, paragraph 0106) and are dispersed in the photosensitive resin composition (Yu, paragraph 0057). The range of the total mass of the inorganic black pigment and the inorganic scatterer overlaps with the recited 1 wt% to 10 wt% (based on a total amount of the photosensitive resin composition) dispersion content. Thus, a dispersion containing both components would also overlap with the dispersion content recited by claim 17. Per MPEP 2144.05 I, a prima facie case of obviousness thus exists.
Claim(s) 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0353557 A1 (hereby referred to as Yu) in view of US 2015/0065598 A1 (hereby referred to as Paek) and KR 20160039341 A (hereby referred to as KR ‘341) as applied to claim 1 above, and further in view of US 2018/0267405 A1 (hereby referred to as Kamemoto).
Regarding Claims 9-11, the combination of Yu, Paek, and KR ‘341 renders obvious the photosensitive resin comprising two binder resins, a photopolymerizable monomer, a photopolymerization initiator, a black pigment, an inorganic scatterer, and a solvent, per instant claim 1.
However, Yu, Paek, and KR ‘341 fail to disclose the inclusion of a dye in the composition. Kamemoto teaches a photosensitive resin composition. The photosensitive resin composition comprises an alkali-soluble resin, a photopolymerizable monomer, a photopolymerization initiator, and a coloring agent (Kamemoto, paragraph 0025). The colorant includes a blue and a red material (Jung, paragraph 0036), wherein the red material may be a dye (Jung, paragraph 0054). The alkali-soluble resin comprises polymers produced from radically polymerizable monomers and cardo resin (Kamemoto, paragraph 0065). Such radically polymerizable monomers include acrylic-based compounds (Kamemoto, paragraph 0067-0069), thus forming an acrylic-based resin. The resin composition may further contain a solvent (Kamemoto, paragraph 0122). The coloring agent includes organic pigments, inorganic pigments, and/or dyes (Kamemoto, paragraph 0100). Carbon black may be used as a black pigment (Kamemoto, paragraph 0109). The coloring agent may also be a red, violet, or yellow dye (Kamemoto, paragraph 0111). Kamemoto teaches that black coloring agents are preferred for improving the contrast in display devices (Kamemoto, paragraph 0112), and additional chromatic coloring agents may be included to ensure high heat resistance (Kamemoto, paragraph 0113). The resulting color of the cured film produced from the photosensitive composition comprising the coloring agent is black (Kamemoto, paragraph 0113). In other words, Kamemoto prefers a higher black coloring agent content.
Yu, Paek, KR ‘341 and Kamemoto are analogous art because each reference pertains to photosensitive resin compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to include a red, yellow, or violet dye in the photosensitive resin composition in an amount less than the black inorganic pigment, as taught by Kamemoto, in the photosensitive resin composition obtained from the combination of Yu, Paek, and KR ‘341 because having a composition comprising predominantly black coloring agents yields improved contrast in display devices (Kamemoto, paragraph 0112) and including a chromatic colorant such as a dye can offer high heat resistance and high insulation ability (Kamemoto, paragraph 0113).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6183935 B1 teaches photosensitive resin compositions containing inorganic-contents. This reference teaches a composition comprising an inorganic filler and further teaches that inorganic fillers are often used in the form of solutions or dispersions (refer to Col. 9 Line 64 through Col. 10 Line 8).
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/JAYSON D COSGROVE/Examiner, Art Unit 1737
/JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734