DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 3-9, and 11-23 are pending. Claims 2 and 10 have been canceled.
The foreign priority application No.2021-159863 filed in Japan on September 29, 2021 has been received and it is acknowledged.
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, 3, 5, 11-14, 17, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025).
With regard to claims 1 and 14, Hisa et al. teach a composition for a color filter, said composition comprising a carbon black dispersion and a photosensitive component (claims 1 and 9, par.0094-0099).
The carbon black dispersion may comprise a phthalocyanine dispersion aid, such as a copper phthalocyanine having a sulfonic acid (par.0040-0041 and par.0094).
The photosensitive component may comprise: (A) an alkali-soluble resin, (B) an acid-crosslinkable methylol melamine resin, and (C) a halogen-containing triazine compound that absorbs light and generates an acid (par.0065).
The copper phthalocyanine having a sulfonic acid is a “copper phthalocyanine derivative” in claim 1.
The acid-crosslinkable methylol melamine resin is the “crosslinking agent having a crosslinkable group which is crosslinked by an acid” in claim 1, and the halogen-containing triazine compound that absorbs light and generates an acid is the “acid generator” in claim 1.
Hisa et al. further teach that a pigment other than carbon black may be included in the composition, and the examples of pigments include barium sulfate (par.0078).
Hisa et al. do not specifically teach the compositions of claim 1.
However, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to obtain the composition in claim 1 of the instant application, because Hisa et al. teach the components of the composition and provide examples for each component.
Therefore, the composition in claim 1 is obvious over the composition of Hisa et al.
Hisa et al. teach a composition comprising about 43 wt% of carbon black based on the solid content of the composition (see par.0094-0099). This amount is not within the claimed range.
A dispersion comprising 20wt% carbon black is used for preparing the composition above (see par.0094). However, Hisa et al. teach that the preferred content of carbon black in the dispersion may be as low at 10wt% (par.0036).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use a dispersion comprising 10wt% carbon black for the composition of Hisa et al., because this amount is included in a preferred range.
A composition prepared with a dispersion with 10wt% carbon black is a composition comprising 28wt% carbon black based on the total solids of the composition.
The solid content of the composition prepared with a dispersion comprising 10wt% carbon black is about 18 wt% (see par.0036 and par.0094-0099).
These amounts are within the ranges in claims 1 and 14.
With regard to claim 3, methylol melamine is represented by the formula:
PNG
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342
362
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Greyscale
and it is a derivative of 1, 3, 5-triazine (
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100
104
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Greyscale
).
With regard to claims 5, 11, and 12 Hisa et al. further teach that a pigment other than carbon black may be included in the dispersion, and the examples of pigments include titanium dioxide and titanium oxynitride (par.0078).
With regard to claim 13, Hisa et al. teach that the composition may comprise a fluorine-based surfactant (par.0063).
The limitations of claim 17 are directed to an intended use of the composition (forming a film), and these limitations do not add any patentable weigh to the composition claim.
Therefore, the composition in claim 17 is obvious over the dispersion of Hisa et al.
With regard to claims 18 and 21, Hisa et al. teach a process comprising the steps of:
-applying the composition on a substrate and drying to form a composition layer (par.0080);
-exposing the composition layer to cure the layer (par.0081);
-developing the exposed composition layer (par.0081).
The cured layer meets the limitations of claims 18 and 21 for a “cured film”.
The limitation of claim 18 for a ”light shielding film” shows only an intended use of the film and adds no patentable weight to the claim.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025) as applied to claim 1 above, and further in view of Mizukawa et al. (US 2010/0230647).
With regard to claim 4, Hisa et al. teach the composition of claim 1 (see paragraph 5 above).
Hisa et al. teach that the photosensitive component may comprise (B) an acid-crosslinkable methylol melamine resin (par.0065), but fail to teach a crosslinking agent with alkoxymethyl groups.
Mizukawa et al. teach a photosensitive curing composition for a color filter (abstract). The composition comprises a crosslinking agent, such as a melamine compound (par.0250), and the melamine compound may be hexamethylol melamine or hexamethoxymethyl melamine (par.0256).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use hexamethoxymethyl melamine as acid-crosslinking melamine compound (B) in the composition of Hisa et al., because hexamethoxymethyl melamine and hexamethylol melamine are functionally equivalent.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025) as applied to claim 1 above, and further in view of Shiota et al. (US 2014/0231729).
With regard to claims 6 and 8, Hisa et al. teach the composition of claim 5 (see paragraph 5 above), but fail to teach the claimed diameter and the claimed silica particles.
Shiota et al. teach a negative-type photosensitive resin composition, a cured film formed from the composition, and a color filter including the cured film (abstract). The composition comprises a resin, a cross-linkable substance, and photoacid generator (par.0109), it may comprise carbon black as coloring agent and ultrafine powdered silica as thickener (par.0272).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include ultrafine powdered silica thickener in the composition of Hisa et al., because this is a conventional additive for curable resin compositions.
Silica (SiO2) is a metal oxide. Ultrafine powdered silica are spherical particles with an average diameter of 140 nm (0.15 mm), as evidenced in the attached “NanoPozz100-D Silica Fume (Densified)”. This diameter is within the range in claim 6.
Ultrafine powdered silica meets the limitations of claim 8.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025) as applied to claim 1 above, and further in view of Nabe et al. (JP 2013-147528A, with machine translation made of record on June 04, 2025).
With regard to claim 9, Hisa et al. teach the composition of claim 1 (see paragraph 5 above), but fail to teach the claimed phthalocyanine derivative.
Nabe et al. teach a coloring composition comprising a coloring matter, such as carbon black (abstract). The coloring composition may comprise a mixture of carbon black and dye derivative Z (copper phthalocyanine sulfonate dimethyl dioctadecyl ammonium salt) (Example 4 in par.0041, and par.0035). Carbon black has good dispersibility when used in combination with dye derivative Z (par.0056).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use copper phthalocyanine sulfonate dimethyl dioctadecyl ammonium salt as dispersing aid for carbon black in the composition of Hisa et al., in order to obtain good dispersibility of the carbon black.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025) as applied to claim 1 above, and further in view of Suzuki et al. (US 2005/0227169).
With regard to claims 15 and 16, Hisa et al. teach the composition of claim 1 (see paragraph 5 above), but fail to teach that the composition may comprise the claimed acid generators.
Suzuki et al. teach a color composition comprising: (A) a photoacid generator, (B) a crosslinking compound, and (D) a dye mixture, and the color composition may be used for color filters (abstract).
Suzuki et al. further teach that the photoacid generator (A) may be a combination of two or more compounds (par.0043), and the examples of photoacid generators (A) include sulfonium salts and chloromethylated triazines (par.0039, acid generators (2)-(8) and (48)-(65) in par.0040).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use a combination of a sulfonium salt and a chloromethylated triazine as the acid generator in the composition of Hisa et al., because such combination of acid generator is conventional in the art.
10. Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025) as applied to claim 1 above, and further in view of Kaneko et al. (US 2016/0108161).
With regard to claims 19 and 20, Hisa et al. teach the composition of claim 1 (see paragraph 5 above).
Hisa et al further teach that the cured layer on a substrate is used for a color filter (par.0084), wherein the color filter has enhanced contrast and color purity (par.0001), but fail to teach a solid-state imaging element or an image display element
However, it is well-known in the art that a color filter is used in a solid-state imaging element or in an image display element, as evidenced in par.0044 of Kaneko et al.
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use the color filter of Hisa et al. in a solid-state imaging element or in an image display element in order to take advantage of its improved characteristics.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025) in view of Kuwamato et al. JP 2003-049038A, with attached machine translation).
With regard to claim 22, Hisa et al. teach a composition for a color filter, said composition comprising a carbon black dispersion and a photosensitive component (claims 1 and 9, par.0094-0099).
The dispersion may comprise a phthalocyanine dispersion aid, such as a copper phthalocyanine having a sulfonic acid (par.0040-0041 and par.0094).
The photosensitive component may comprise: (A) an alkali-soluble resin, (B) an acid-crosslinkable methylol melamine resin, and (C) a halogen-containing triazine compound that absorbs light and generates an acid (par.0065).
The copper phthalocyanine having a sulfonic acid is a “copper phthalocyanine derivative” in claim 22.
The acid-crosslinkable methylol melamine resin is the “crosslinking agent having a crosslinkable group which is crosslinked by an acid” in claim 22, and the halogen-containing triazine compound that absorbs light and generates an acid is the “acid generator” in claim 22.
Hisa et al. further teach that a pigment other than carbon black may be included in the dispersion, and the examples of pigments include barium sulfate (par.0078).
Hisa et al. further teach that the carbon black dispersion comprises a dispersant (par.0037-0038, par.0094), but fail to teach the claimed dispersant.
Kuwamato et al. teach a dispersion having high environmental stability and film formability, the dispersion comprising carbon black microparticles and a dispersant which is a graft polymer obtained by graft polymerization of acrylic acid to polyvinylpyrrolidone (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use a graft polymer obtained by graft polymerization of acrylic acid to polyvinylpyrrolidone as dispersant in the composition of Hisa et al., in order to obtain a carbon black dispersion with improved properties.
Allowable Subject Matter
12. Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025) does not teach the composition of claim 7.
There are no prior art teachings that would motivate one of ordinary skill in the art to modify Hisa et al. and obtain the composition in claim 7 of the instant application.
13. Claim 23 is allowed.
Hisa et al. (JP 2004-004762 A, with machine translation made of record on June 04, 2025) does not teach the composition of claim 23.
There are no prior art teachings that would motivate one of ordinary skill in the art to modify Hisa et al. and obtain the composition in claim 23 of the instant application.
Response to Arguments
14. Applicant's arguments filed on August 05, 2025 have been fully considered but they are not persuasive.
On page 9 of the Remarks the applicant argues that the amended claim 1 recites that the “content of carbon black is 15% to 35% by mass with respect to a total solid content of the composition” while the dispersion of Hisa et al. comprises 43wt% carbon black with respect to a total solid content of the dispersion.
The examiner agrees that the composition in par. comprises 43wt% carbon black with respect to a total solid content of the composition. A carbon black dispersion with a content of 20wt% carbon black is used to prepare the final composition (par.0094-0099). However, Hisa et al. teach that the preferred range for the carbon black in the dispersion is 10-20wt% (par.0036).
Therefore, one of ordinary skill would have been motivated to make a dispersion comprising 10wt% carbon black, then mix the dispersion with the photosensitive component and obtain the final composition (see the process of making the composition in par.0094-0099).
When the dispersion comprises 10wt% carbon black, the composition comprises 28 wt% carbon black based on the total solid content of the composition. This amount is within the claimed range of 15wt%-35wt%.
Conclusion
15. Applicant's amendment necessitated the new grounds 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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/ANCA EOFF/Primary Examiner, Art Unit 1722