DETAILED ACTION
Claims 1-7, 9, 10, and 12-24 are pending. Claims 1, 2, and 5 have been amended and claims 8 and 11 have been canceled.
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 Objections
Claim 16 is objected to because of the following informalities: Claim 16 recites two periods “
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”. Appropriate correction is required.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-7, 9, 10, and 12-24 are rejected under 35 U.S.C. 103 as being unpatentable over Arayama et al. (U.S. 2018/0118865) in view of Kato et al. (WO2018163668). U.S. 2019/0352495 is being used as the English translation.
Arayama et al. teaches a composition comprising a near infrared absorbing colorant polymer, a solvent, a curable compound (polymerizable monomer), an alkali-soluble resin, a photopolymerization initiator, and a coloring material that shields visible light, a film formed using said composition, an optical filter using said film which is an infrared cut filter or an infrared transmitting filter, and a device comprising said film which is a solid image pickup element, an infrared sensor, or an image display device [0046-0069] (claims 1 and 18-24) in which a maximum value of a light transmittance of the infrared transmitting filter in the thickness direction of the film in a wavelength range of 400 to 650 nm is preferably 30% or lower [0807] while “infrared cut filter” refers to a filter that allows transmission of light (visible light) in the visible range and shields light (infrared light) in the infrared range [0722] i.e. a maximum value of light transmittance of 50% or more. Arayama et al. also teaches the thickness of the film according to the present invention can be adjusted according to the purpose. The thickness is preferably 20 μm or less, more preferably 10 μm or less, and still more preferably 5 μm or less. For example, the lower limit of the thickness is preferably 0.1 μm or more, more preferably 0.2 μm or more, and still more preferably 0.3 μm or more [0727]. Arayama et al. further teaches the resin is mixed, for example, in order to disperse the pigment and the like in the composition and to be used as a binder. The resin which is mainly used to disperse the pigments and the like will also be called a dispersant [0491] and examples of the dispersant include: a polymer dispersant such as a resin having an amine group (polyamideamine or a salt thereof), an oligo imine resin, a polycarboxylic acid or a salt thereof, a high-molecular-weight unsaturated acid ester, a modified polyurethane, a modified polyester, a modified poly(meth)acrylate, a (meth)acrylic copolymer, or a naphthalene sulfonic acid formalin condensate. In terms of a structure, the polymer dispersant can be further classified into a linear polymer, a terminal-modified polymer, a graft polymer, and a block polymer [0495-0496], in addition, polymers described in JP2007-277514A in which two or more anchor sites (for example, an acid group, a basic group, a partial skeleton or a heterocycle of an organic colorant) to a pigment surface are introduced into a terminal thereof are also preferable due to its dispersion stability [0498]. Arayama et al. also teaches the present invention will be described in detail using examples. Materials, used amounts, ratios, treatment details, treatment procedures, and the like shown in the following examples can be appropriately changed within a range not departing from the scope of the present invention. Accordingly, the scope of the present invention is not limited to the following specific examples [0827].
Arayama et al. does not teach a resin having a structure represented by Formula (1).
However, Kato et al. teaches a composition comprising a compound represented by Formula (1); a pigment; and a solvent [0007-0010] (claim 1) in which the compound (1) can be used as a dispersant [0089], preferably the compound represented by Formula (1) is a compound represented by the following Formula (10) [0158]:
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[0158] wherein Z1 represents an (m+n)-valent linking group, S represents a sulfur atom, Y11 and Y12 each independently represent a single bond or a linking group, A1 represents a group including a pigment adsorption portion, P1 represents a polymer chain, n represents 1 to 20, m represents 1 to 20, and m+n represents 3 to 21, a plurality of Y11's and a plurality of A1's may be the same as or different from each other, a plurality of Y12's and a plurality of P1's may be the same as or different from each other, and at least one of Z1, A1, or P1 includes a photocurable group [0159-0167]. Kato et al. also teaches it is preferable that the polymer chain represented by P1 is a polymer chain that includes a repeating unit represented by the following formula (2) [0153]:
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[0153] wherein R1 represents a hydrogen atom or a methyl group, X1 represents a single bond or an arylene group, X2 represents a single bond or an alkylene group, W1 represents a single bond or a divalent linking group, and B1 represents a group including a photocurable group [0154] and examples of the photocurable group include a cyclic ether group such as an oxetanyl group [0099]; and it is preferable that the (m+n)-valent linking group represented by Z1 is a group represented by any one of the following formulae:
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wherein L3 represents a trivalent group. T3 represents a single bond or a divalent linking group, and in a case where three T3's are present, T3's may be the same as or different from each other. L4 represents a tetravalent group. T4 represents a single bond or a divalent linking group, and in a case where four T4's are present, T4's may be the same as or different from each other. L5 represents a pentavalent group. T5 represents a single bond or a divalent linking group, and in a case where five T5's are present, T5's may be the same as or different from each other. L6 represents a hexavalent group. T6 represents a single bond or a divalent linking group, and in a case where six T6's are present, T6's may be the same as or different from each other. Examples of the divalent linking group represented by T3 to T6 include —CH2—, —O—, —CO—, —COO—, —OCO—, —NH—, an aliphatic ring group, an aromatic hydrocarbon ring group, a heterocyclic group, and a group including a combination thereof. The aliphatic ring group, the aromatic hydrocarbon ring group, or the heterocyclic group may be a monocycle or a fused ring. The divalent linking group may further have the above-described substituent. Examples of the trivalent group represented by L3 include a group obtained by removing one hydrogen atom from the above-described divalent linking group. Examples of the tetravalent group represented by L4 include a group obtained by removing two hydrogen atoms from the above-described divalent linking group. Examples of the pentavalent group represented by L5 include a group obtained by removing three hydrogen atoms from the above-described divalent linking group. Examples of the hexavalent group represented by L6 include a group obtained by removing four hydrogen atoms from the above-described divalent linking group [0132-0137]; and it is preferable that Y11 and Y12 are single bonds [0171]. Kato et al. further teaches the polymer chain represented by P1 is preferably a polymer chain that includes a repeating unit represented by any one of the following formulae (G-1) to (G-5) and more preferably a polymer chain that includes a repeating unit represented by (G-5) [0144]:
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[0144] wherein RG3 represents a hydrogen atom or a methyl group. In the formulae, QG1 represents —O— or —NH—, LG1 represents a single bond or an arylene group, and LG2 represents a single bond or a divalent linking group. RG4 represents a hydrogen atom or a substituent. Examples of the substituent include an alkyl group, an aryl group, a heteroaryl group, an alkoxy group, an aryloxy group, a heteroaryloxy group, an alkylthioether group, an arylthioether group, a heteroarylthioether group, a photocurable group, and an acid group [0147-0149] and “alkyl group” denotes not only an alkyl group having no substituent (unsubstituted alkyl group) but also an alkyl group having a substituent (substituted alkyl group) [0078] such that when RG3 is a hydrogen atom or a methyl group, QG1 is -O-, Lg2 is a single bond, and RG4 is a (substituted) alkyl group it is equivalent to P1 including a repeating unit having a group in which a carboxy group is protected by a heat-decomposable group of instant claim 3, specifically a t-butyl ester group of instant claim 4, more specifically Formula (p2-10) of instant claim 5 when Rp11 is a hydrogen atom or an alkyl group, Rp12 and Rp13 are hydrogen atoms, and Rp14-Rp16 are alkyl groups. Kato et al. also teaches a specific example of compound (1) includes the following:
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[0172] such that when said compound additionally comprises a repeating unit having an oxetane group of formula (2) as defined above and a repeating unit of formula (G-5) as defined above, it is equivalent to Formula (1) of instant claims 1 and 7 when Z1 is a 6-valent linking group, Y1 is a divalent linking group, n is 3, m is 3, m+n is 6, Y2 is represented by Formula (Y2-1) of instant claim 9 when Y21 is a divalent linking group, A1 is an acid group, and P is a polymer chain having an oxetane group, specifically formula (p1-1) of instant claim 2 when Rp1 is a methyl group, Rp2 and Rp3 are hydrogen atoms, Lp1 is a divalent linking group, and Rp4-Rp8 are hydrogen atoms; and having a structure including an ethylenically unsaturated bond-containing group of instant claim 10. Kato et al. also teaches the proportion of the repeating unit having a photocurable group at a side chain with respect to all the repeating units forming P1 is preferably 1% or higher, more preferably 2% or higher, and still more preferably 3% or higher. The upper limit may be 100% [0151] (claim 6). Kato et al. further teaches an object of the present invention is to provide a composition having high curing properties [0005]. Furthermore, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). See MPEP 2144.07. Arayama et al. also teaches in a case where the film according to the present invention is used as an infrared transmitting filter, the film is a filter which is obtained using a composition including the near infrared absorbing colorant polymer according to the present invention and the coloring material that shields visible light [0721] such that when a coloring material that shields visible light is not included, the film is an infrared cut filter.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Arayama et al. to include other known dispersant resins such as those taught by Kato et al. for either infrared cut filters or infrared transmitting filters and arrive at the instant claims through routine experimentation of substituting equally suitable dispersants for the sought invention with a reasonable expectation of success, specifically curing properties. Thus, the infrared cut filter of Kato modified by Arayama is expected to have a maximum light transmittance of 50% or more in a wavelength range of 360 to 700 nm, absent any evidence to the contrary.
With regard to claims 12-17, Arayama et al. teaches the composition according to the present invention may include at least one selected from a chromatic colorant and a black colorant [0423] in which the chromatic colorant may be a pigment or a dye [0425] and examples of the organic pigment include Color Index (C.I.) Pigment Yellow 1, 2, 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 24, 31, 32, 34, 35, 35:1, 36, 36:1, 37, 37:1, 40, 42, 43, 53, 55, 60, 61, 62, 63, 65, 73, 74, 77, 81, 83, 86, 93, 94, 95, 97, 98, 100, 101, 104, 106, 108, 109, 110, 113, 114, 115, 116, 117, 118, 119, 120, 123, 125, 126, 127, 128, 129, 137, 138, 139, 147, 148, 150, 151, 152, 153, 154, 155, 156, 161, 162, 164, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 179, 180, 181, 182, 185, 187, 188, 193, 194, 199, 213, and 214 (all of which are yellow pigments); C.I. Pigment Orange 2, 5, 13, 16, 17:1, 31, 34, 36, 38, 43, 46, 48, 49, 51, 52, 55, 59, 60, 61, 62, 64, 71, and 73 (all of which are orange pigments); C.I. Pigment Red 1, 2, 3, 4, 5, 6, 7, 9, 10, 14, 17, 22, 23, 31, 38, 41, 48:1, 48:2, 48:3, 48:4, 49, 49:1, 49:2, 52:1, 52:2, 53:1, 57:1, 60:1, 63:1, 66, 67, 81:1, 81:2, 81:3, 83, 88, 90, 105, 112, 119, 122, 123, 144, 146, 149, 150, 155, 166, 168, 169, 170, 171, 172, 175, 176, 177, 178, 179, 184, 185, 187, 188, 190, 200, 202, 206, 207, 208, 209, 210, 216, 220, 224, 226, 242, 246, 254, 255, 264, 270, 272, and 279 (all of which are red pigments); C.I. Pigment Green 7, 10, 36, 37, 58, and 59 (all of which are green pigments); C.I. Pigment Violet 1, 19, 23, 27, 32, 37, and 42 (all of which are violet pigments); and C.I. Pigment Blue 1, 2, 15, 15:1, 15:2, 15:3, 15:4, 15:6, 16, 22, 60, 64, 66, 79, and 80 (all of which are blue pigments). Among these organic pigments, one kind may be used alone, or two or more kinds may be used in combination [0430-0436]. Arayama et al. also teaches it is preferable that the coloring material that shields visible light is a material in which a ratio A/B of a minimum value A of an absorbance in a wavelength range of 450 to 650 nm to a maximum value B of an absorbance in a wavelength range of 900 to 1300 nm is 4.5 or higher [0466] which overlaps the instantly claimed Amin/B value of 5 or more.
Response to Arguments
Due to the amendment filed November 17, 2025 of instant claim 1, the double patenting rejections over U.S. 11,149,141 and U.S. 10,317,794 and the 103 rejections over Idei and Kato, and Kato further in view of Arayama have been withdrawn. Applicant’s arguments with regard to these rejections have been considered but are moot due to the amendment of instant claim 1. However, Kato and Arayama are still being used as prior art because together they teach the claimed composition in a different combination, i.e. Arayama in view of Kato.
Due to the amendment to the abstract, the objection to the specification has been withdrawn.
Due to the amendment of instant claims 2 and 5, the objections have been withdrawn.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA E MALLOY whose telephone number is (571)270-5849. The examiner can normally be reached 8:00-4:30 EST M-F.
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/Anna Malloy/Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737