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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-7, in the reply filed on 10/23/2025 is acknowledged. The traversal is on the ground(s) that at the time of the Restriction the application had not yet been examined and that the Examiner has not provided any indication that the content of the claims interpreted in light of the description was considered in making the assertion of a lack of unity and therefore has not met the burden necessary to support the assertion. This is not found persuasive because restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-7, drawn to a photocurable resin composition.
Group II, claim(s) 8-10, drawn to a cured film formed from the photocurable resin composition, or a molded article having the cured film.
Group III, claim(s) 11, drawn to a method of producing a molded article comprising coating the photocurable resin composition on at least one surface of a molded article.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I-III lack unity of invention because even though the inventions of these groups require the technical feature of the photocurable resin composition according to claim 1, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Sekiya et al. (JP 2009-067827 A, cited in IDS, machine translation in English used for citation). Sekiya teaches a composition consisting of [0035] 10 parts by mass of aluminum paste FZ5650, 3 parts by mass of short-wavelength photopolymerization initiator that is Irgacure 184, 1 parts by mass of long-wavelength photopolymerization initiator that is Irgacure 819, 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A, 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402, 40 parts by mass of urethane acrylate oligomer a that is Violet Light UV7630B, 2 parts by mass of ultraviolet light absorber that is Tinuvin 400, and 50 parts by mass of organic solvent that is BAC ([0036], [Table 1], Example 2, [0049]), which reads on a photocurable resin composition comprising a urethane (meth)acrylate (A), a (meth)acrylate monomer (B), and a photopolymerization initiator (C), wherein the (meth)acrylate monomer (B) comprises at least a bifunctional (meth)acrylate monomer (b1) and a hexafunctional (meth)acrylate monomer (b2), wherein the content of the urethane (meth)acrylate is 34% by mass with respect to the solid content of the photocurable resin composition, wherein the content of (meth)acrylate monomer (B) is 52% by mass with respect to the solid content of the photocurable resin composition, wherein the content of the bifunctional (meth)acrylate monomer (b1) is 33% by mass with respect to the content of the (meth)acrylate monomer (B), and wherein the bifunctional (meth)acrylate monomer (b1) is 1,6-hexanediol di(meth)acrylate. The content of the urethane (meth)acrylate (A) is based on the calculation 40 / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 100% = 34%. The content of the (meth)acrylate monomer (B) is based on the calculation (20 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 100% = 52%. The content of the bifunctional (meth)acrylate monomer (b1) is based on the calculation 20 / (20 + 40) * 100% = 33%. Sekiya teaches that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the urethane acrylate oligomer a is a urethane (meth)acrylate oligomer [0041], that the mass ratio of the (meth)acrylate monomer to the urethane (meth)acrylate oligomer is preferably 1 / 9 to 7 / 3, and more preferably 1 / 9 to 6 / 4, from the viewpoint of good coating workability, and good appearance and weather resistance of the cured coating film [0014]. In Sekiya’s Example 2, the mass ratio of the (meth)acrylate monomer to the urethane (meth)acrylate oligomer is (20 + 40) / 40 = 6 / 4, which means that Sekiya’s teachings suggest modifying the mass ratio of Sekiya’s 1,6-hexanediol diacrylate and dipentaerythritol hexaacrylate to Sekiya’s urethane acrylate oligomer a in Sekiya’s Example 2 to be within 1 / 9 to 7 / 3, which suggests wherein the content of the urethane (meth)acrylate (A) is 26% by mass or more and 78% by mass or less with respect to the solid content of the photocurable resin composition, wherein the content of the (meth)acrylate monomer (B) is 9% by mass or more and 60% by mass or less with respect to the solid content of the photocurable resin composition. The content of the urethane (meth)acrylate (A) is based on the calculations (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 9 / (1 + 9) * 100% = 78% and (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 3 / (7 + 3) * 100% = 26%. The content of the (meth)acrylate monomer (B) is (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 1 / (1 + 9) * 100% = 9 and (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 7 / (7 + 3) * 100% = 60%. Sekiya teaches that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the (meth)acrylate monomer is not particularly limited, but preferably has one to six acryloyl groups and/or methacryloyl groups in total in the molecule [0015], that similarly, the glass transition temperature (Tg) is preferably -65°C or higher [0015], that similarly, the molecular weight is preferably from 100 to 1200 [0015], that any photopolymerizable compound known in the field of photocurable coating materials can be used [0015], and that the (meth)acrylate monomer contained may be one kind or two or more kinds [0015], which suggests modifying the amount of Sekiya’s 1,6-hexanediol diacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 to be greater than 0% by mass and less than 100% by mass, which suggests wherein the content of the bifunctional (meth)acrylate monomer (b1) is more than 0% by mass and less than 100% by mass with respect to the content of the (meth)acrylate monomer (B). Sekiya teaches that a leveling agent can be added as long as the effects of the present invention are not impaired [0028], which optionally reads on the photocurable resin composition further comprising a leveling agent (D) as claimed.
Sekiya does not teach a specific embodiment wherein the content of the urethane (meth)acrylate (A) is 45% by mass or more and 75% by mass or less with respect to the solid content of the photocurable resin composition, wherein the content of the (meth)acrylate monomer (B) is 20% by mass or more and 45% by mass or less with respect to the solid content of the photocurable resin composition. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the mass ratio of Sekiya’s 1,6-hexanediol diacrylate and dipentaerythritol hexaacrylate to Sekiya’s urethane acrylate oligomer a in Sekiya’s Example 2 to be from 2.5 / 7.5 to 4.5 / 5.5. The proposed modification would read on wherein the content of the urethane (meth)acrylate (A) is 45% by mass or more and 66% by mass or less with respect to the solid content of the photocurable resin composition, wherein the content of the (meth)acrylate monomer (B) is 20% by mass or more and 41% by mass or less with respect to the solid content of the photocurable resin composition as claimed. The content of the urethane (meth)acrylate (A) is based on the calculations (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 7.68 / (7.68 + 2.32) * 100% = 66% and (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 5.22 / (5.22 + 4.78) * 100% = 45%. The content of the (meth)acrylate monomer (B) is (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 2.32 / (7.68 + 2.32) * 100% = 20% and (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 4.78 / (5.22 + 4.78) * 100% = 41%. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing coating workability of Sekiya’s composition and appearance and weather resistance of a cured coating film produced from Sekiya’s composition because Sekiya teaches that the composition comprises [0035] 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A, 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402, and 40 parts by mass of urethane acrylate oligomer a that is Violet Light UV7630B ([0036], [Table 1], Example 2, [0049]), that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the urethane acrylate oligomer a is a urethane (meth)acrylate oligomer [0041], and that the mass ratio of the (meth)acrylate monomer to the urethane (meth)acrylate oligomer is preferably 1 / 9 to 7 / 3, and more preferably 1 / 9 to 6 / 4, from the viewpoint of good coating workability, and good appearance and weather resistance of the cured coating film [0014], which means that the mass ratio of Sekiya’s 1,6-hexanediol diacrylate and dipentaerythritol hexaacrylate to Sekiya’s urethane acrylate oligomer a in Sekiya’s Example 2 would have affected coating workability of Sekiya’s composition and appearance and weather resistance of a cured coating film produced from Sekiya’s composition.
Sekiya does not teach that the content of the bifunctional (meth)acrylate monomer (b1) is 35% by mass or more with respect to the content of the (meth)acrylate monomer (B). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Sekiya’s 1,6-hexanediol diacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 to be greater than or equal to 35% and less than 100% by mass. The proposed modification would read on wherein the content of the bifunctional (meth)acrylate monomer (b1) is 35% by mass or more and less than 100% by mass with respect to the content of the (meth)acrylate monomer (B) as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing the glass transition temperature (Tg) and the curability of Sekiya’s composition because Sekiya teaches that the composition comprises [0035] 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A and 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402 ([0036], [Table 1], Example 2, [0049]), that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the (meth)acrylate monomer is not particularly limited, but preferably has one to six acryloyl groups and/or methacryloyl groups in total in the molecule [0015], that similarly, the glass transition temperature (Tg) is preferably -65°C or higher [0015], that similarly, the molecular weight is preferably from 100 to 1200 [0015], that any photopolymerizable compound known in the field of photocurable coating materials can be used [0015], that the (meth)acrylate monomer contained may be one kind or two or more kinds [0015], and that the composition is curable by irradiating the composition with ultraviolet light ([0050], [0036], [Table 1], Example 2) which means that the amount of Sekiya’s 1,6-hexanediol diacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 in % by mass would have affected the glass transition temperature (Tg) and the curability of Sekiya’s composition.
Sekiya does not teach a specific embodiment of the photocurable resin composition further comprising a leveling agent (D). Before the effective filing date of the claimed invention, one of ordinary skill in the art would found it obvious to use Sekiya’s leveling agent to modify Sekiya’s composition. The proposed modification would read on the photocurable resin composition further comprising a leveling agent (D) as claimed. One of ordinary skill in the art would have been motivated to do so because Sekiya teaches that a leveling agent can be added as long as the effects of the present invention are not impaired [0028], which would have been beneficial for improving leveling of Sekiya’s composition.
The requirement is still deemed proper and is therefore made FINAL.
Claims 8-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/23/2025.
New claims 12 and 13 are drawn to the photocurable resin composition according to claim 1 and are therefore placed in Group I.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
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.
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, 2, 5, 7, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Sekiya et al. (JP 2009-067827 A, cited in IDS, machine translation in English used for citation).
Regarding claims 1, 5, and 12, Sekiya teaches a composition consisting of [0035] 10 parts by mass of aluminum paste FZ5650, 3 parts by mass of short-wavelength photopolymerization initiator that is Irgacure 184, 1 parts by mass of long-wavelength photopolymerization initiator that is Irgacure 819, 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A, 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402, 40 parts by mass of urethane acrylate oligomer a that is Violet Light UV7630B, 2 parts by mass of ultraviolet light absorber that is Tinuvin 400, and 50 parts by mass of organic solvent that is BAC ([0036], [Table 1], Example 2, [0049]), which reads on a photocurable resin composition comprising a urethane (meth)acrylate (A), a (meth)acrylate monomer (B), and a photopolymerization initiator (C), wherein the (meth)acrylate monomer (B) comprises at least a bifunctional (meth)acrylate monomer (b1) and a hexafunctional (meth)acrylate monomer (b2), wherein the content of the urethane (meth)acrylate is 34% by mass with respect to the solid content of the photocurable resin composition, wherein the content of (meth)acrylate monomer (B) is 52% by mass with respect to the solid content of the photocurable resin composition, wherein the content of the bifunctional (meth)acrylate monomer (b1) is 33% by mass with respect to the content of the (meth)acrylate monomer (B), wherein the bifunctional (meth)acrylate monomer (b1) is 1,6-hexanediol di(meth)acrylate, and the photocurable resin composition according to claim 1, further comprising an ultraviolet absorber (E), and wherein the bifunctional (meth)acrylate monomer (b1) is one that is 1,6-hexanediol di(meth)acrylate. The content of the urethane (meth)acrylate (A) is based on the calculation 40 / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 100% = 34%. The content of the (meth)acrylate monomer (B) is based on the calculation (20 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 100% = 52%. The content of the bifunctional (meth)acrylate monomer (b1) is based on the calculation 20 / (20 + 40) * 100% = 33%. Sekiya teaches that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the urethane acrylate oligomer a is a urethane (meth)acrylate oligomer [0041], that the mass ratio of the (meth)acrylate monomer to the urethane (meth)acrylate oligomer is preferably 1 / 9 to 7 / 3, and more preferably 1 / 9 to 6 / 4, from the viewpoint of good coating workability, and good appearance and weather resistance of the cured coating film [0014]. In Sekiya’s Example 2, the mass ratio of the (meth)acrylate monomer to the urethane (meth)acrylate oligomer is (20 + 40) / 40 = 6 / 4, which means that Sekiya’s teachings suggest modifying the mass ratio of Sekiya’s 1,6-hexanediol diacrylate and dipentaerythritol hexaacrylate to Sekiya’s urethane acrylate oligomer a in Sekiya’s Example 2 to be within 1 / 9 to 7 / 3, which suggests wherein the content of the urethane (meth)acrylate (A) is 26% by mass or more and 78% by mass or less with respect to the solid content of the photocurable resin composition, wherein the content of the (meth)acrylate monomer (B) is 9% by mass or more and 60% by mass or less with respect to the solid content of the photocurable resin composition. The content of the urethane (meth)acrylate (A) is based on the calculations (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 9 / (1 + 9) * 100% = 78% and (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 3 / (7 + 3) * 100% = 26%. The content of the (meth)acrylate monomer (B) is (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 1 / (1 + 9) * 100% = 9 and (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 7 / (7 + 3) * 100% = 60%. Sekiya teaches that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the (meth)acrylate monomer is not particularly limited, but preferably has one to six acryloyl groups and/or methacryloyl groups in total in the molecule [0015], that similarly, the glass transition temperature (Tg) is preferably -65°C or higher [0015], that similarly, the molecular weight is preferably from 100 to 1200 [0015], that any photopolymerizable compound known in the field of photocurable coating materials can be used [0015], and that the (meth)acrylate monomer contained may be one kind or two or more kinds [0015], which suggests modifying the amount of Sekiya’s 1,6-hexanediol diacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 to be greater than 0% by mass and less than 100% by mass, which suggests wherein the content of the bifunctional (meth)acrylate monomer (b1) is more than 0% by mass and less than 100% by mass with respect to the content of the (meth)acrylate monomer (B). Sekiya teaches that a leveling agent can be added as long as the effects of the present invention are not impaired [0028], which optionally reads on the photocurable resin composition further comprising a leveling agent (D) as claimed.
Sekiya does not teach a specific embodiment wherein the content of the urethane (meth)acrylate (A) is 45% by mass or more and 75% by mass or less with respect to the solid content of the photocurable resin composition, wherein the content of the (meth)acrylate monomer (B) is 20% by mass or more and 45% by mass or less with respect to the solid content of the photocurable resin composition. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the mass ratio of Sekiya’s 1,6-hexanediol diacrylate and dipentaerythritol hexaacrylate to Sekiya’s urethane acrylate oligomer a in Sekiya’s Example 2 to be from 2.5 / 7.5 to 4.5 / 5.5. The proposed modification would read on wherein the content of the urethane (meth)acrylate (A) is 45% by mass or more and 66% by mass or less with respect to the solid content of the photocurable resin composition, wherein the content of the (meth)acrylate monomer (B) is 20% by mass or more and 41% by mass or less with respect to the solid content of the photocurable resin composition as claimed. The content of the urethane (meth)acrylate (A) is based on the calculations (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 7.68 / (7.68 + 2.32) * 100% = 66% and (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 5.22 / (5.22 + 4.78) * 100% = 45%. The content of the (meth)acrylate monomer (B) is (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 2.32 / (7.68 + 2.32) * 100% = 20% and (20 + 40 + 40) / (10 + 3 + 1 + 20 + 40 + 40 + 2) * 4.78 / (5.22 + 4.78) * 100% = 41%. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing coating workability of Sekiya’s composition and appearance and weather resistance of a cured coating film produced from Sekiya’s composition because Sekiya teaches that the composition comprises [0035] 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A, 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402, and 40 parts by mass of urethane acrylate oligomer a that is Violet Light UV7630B ([0036], [Table 1], Example 2, [0049]), that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the urethane acrylate oligomer a is a urethane (meth)acrylate oligomer [0041], and that the mass ratio of the (meth)acrylate monomer to the urethane (meth)acrylate oligomer is preferably 1 / 9 to 7 / 3, and more preferably 1 / 9 to 6 / 4, from the viewpoint of good coating workability, and good appearance and weather resistance of the cured coating film [0014], which means that the mass ratio of Sekiya’s 1,6-hexanediol diacrylate and dipentaerythritol hexaacrylate to Sekiya’s urethane acrylate oligomer a in Sekiya’s Example 2 would have affected coating workability of Sekiya’s composition and appearance and weather resistance of a cured coating film produced from Sekiya’s composition.
Sekiya does not teach that the content of the bifunctional (meth)acrylate monomer (b1) is 35% by mass or more with respect to the content of the (meth)acrylate monomer (B). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Sekiya’s 1,6-hexanediol diacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 to be greater than or equal to 35% and less than 100% by mass. The proposed modification would read on wherein the content of the bifunctional (meth)acrylate monomer (b1) is 35% by mass or more and less than 100% by mass with respect to the content of the (meth)acrylate monomer (B) as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing the glass transition temperature (Tg) and the curability of Sekiya’s composition because Sekiya teaches that the composition comprises [0035] 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A and 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402 ([0036], [Table 1], Example 2, [0049]), that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the (meth)acrylate monomer is not particularly limited, but preferably has one to six acryloyl groups and/or methacryloyl groups in total in the molecule [0015], that similarly, the glass transition temperature (Tg) is preferably -65°C or higher [0015], that similarly, the molecular weight is preferably from 100 to 1200 [0015], that any photopolymerizable compound known in the field of photocurable coating materials can be used [0015], that the (meth)acrylate monomer contained may be one kind or two or more kinds [0015], and that the composition is curable by irradiating the composition with ultraviolet light ([0050], [0036], [Table 1], Example 2) which means that the amount of Sekiya’s 1,6-hexanediol diacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 in % by mass would have affected the glass transition temperature (Tg) and the curability of Sekiya’s composition.
Sekiya does not teach a specific embodiment of the photocurable resin composition further comprising a leveling agent (D). Before the effective filing date of the claimed invention, one of ordinary skill in the art would found it obvious to use Sekiya’s leveling agent to modify Sekiya’s composition. The proposed modification would read on the photocurable resin composition further comprising a leveling agent (D) as claimed. One of ordinary skill in the art would have been motivated to do so because Sekiya teaches that a leveling agent can be added as long as the effects of the present invention are not impaired [0028], which would have been beneficial for improving leveling of Sekiya’s composition.
Regarding claim 2, Sekiya teaches a composition consisting of [0035] 10 parts by mass of aluminum paste FZ5650, 3 parts by mass of short-wavelength photopolymerization initiator that is Irgacure 184, 1 parts by mass of long-wavelength photopolymerization initiator that is Irgacure 819, 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A, 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402, 40 parts by mass of urethane acrylate oligomer a that is Violet Light UV7630B, 2 parts by mass of ultraviolet light absorber that is Tinuvin 400, and 50 parts by mass of organic solvent that is BAC ([0036], [Table 1], Example 2, [0049]), which reads on wherein the content of the hexafunctional (meth)acrylate monomer (b2) is XX% by mass with respect to the content of the (meth)acrylate monomer (B). The content of the hexafunctional (meth)acrylate monomer (b2) is based on the calculation 40 / (20 + 40) * 100% = 67%. Sekiya teaches that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the (meth)acrylate monomer is not particularly limited, but preferably has one to six acryloyl groups and/or methacryloyl groups in total in the molecule [0015], that similarly, the glass transition temperature (Tg) is preferably -65°C or higher [0015], that similarly, the molecular weight is preferably from 100 to 1200 [0015], that any photopolymerizable compound known in the field of photocurable coating materials can be used [0015], and that the (meth)acrylate monomer contained may be one kind or two or more kinds [0015], which suggests modifying the amount of Sekiya’s 1,6-hexanediol diacrylate and the amount of Sekiya’s dipentaerythritol hexaacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 to be greater than 0% by mass and less than 100% by mass.
Sekiya does not teach that the content of the hexafunctional (meth)acrylate monomer (b2) is 5% by mass or more with respect to the content of the (meth)acrylate monomer (B). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Sekiya’s 1,6-hexanediol diacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 to be greater than or equal to 35% and less than or equal to 95% by mass and to optimize the amount of Sekiya’s dipentaerythritol hexaacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 to be greater than or equal to 5% and less than or equal to 65% by mass. The proposed modification would read on wherein the content of the hexafunctional (meth)acrylate monomer (b2) is 5% by mass or more and 65% by mass or less with respect to the content of the (meth)acrylate monomer (B) as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing the glass transition temperature (Tg) and the curability of Sekiya’s composition because Sekiya teaches that the composition comprises [0035] 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A and 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402 ([0036], [Table 1], Example 2, [0049]), that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the (meth)acrylate monomer is not particularly limited, but preferably has one to six acryloyl groups and/or methacryloyl groups in total in the molecule [0015], that similarly, the glass transition temperature (Tg) is preferably -65°C or higher [0015], that similarly, the molecular weight is preferably from 100 to 1200 [0015], that any photopolymerizable compound known in the field of photocurable coating materials can be used [0015], that the (meth)acrylate monomer contained may be one kind or two or more kinds [0015], and that the composition is curable by irradiating the composition with ultraviolet light ([0050], [0036], [Table 1], Example 2) which means that the amount of Sekiya’s 1,6-hexanediol diacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 in % by mass and the amount of Sekiya’s dipentaerythritol hexaacrylate in the total amount of Sekiya’s 1,6-hexanediol diacrylate and Sekiya’s dipentaerythritol hexaacrylate in Sekiya’s Example 2 in % by mass would have affected the glass transition temperature (Tg) and the curability of Sekiya’s composition.
Regarding claim 7, Sekiya renders it obvious wherein the photocurable resin composition is capable of being used to produce a coating for a lamp lens of a vehicle as claimed because Sekiya renders obvious all of the claimed ingredients, amounts, process steps, and process conditions of the photocurable resin composition according to claim 1, as explained above. Where applicant claims a composition in terms of a function, property or characteristic and the composition of the prior art is the same as that of the claim but the function is not explicitly disclosed by the reference, the examiner may make a rejection under both 35 U.S.C. 102 and 103 (MPEP 2112 (III))." When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (MPEP 2112.01(I)). If the composition is physically the same, it must have the same properties (MPEP 2112.01(II)). "Products of identical chemical composition can not have mutually exclusive properties (MPEP 2112.01(II))." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (MPEP 2112.01(II)).
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Sekiya et al. (JP 2009-067827 A, cited in IDS, machine translation in English used for citation) as applied to claim 1, and further in view of Takihara et al. (US 2013/0004718 A1).
Regarding claim 3, Sekiya renders obvious the photocurable resin composition according to claim 1 as explained above. Sekiya teaches that the composition comprises [0035] 40 parts by mass of urethane acrylate oligomer a that is Violet Light UV7630B ([0036], [Table 1], Example 2, [0049]) that is Shikari UV7630B that has a molecular weight of 2200 and that has 6 (meth)acryloyl groups in the molecule [0041].
Sekiya does not teach that the urethane (meth)acrylate (A) comprises a urethane (meth)acrylate having an isocyanurate skeleton. However, Takihara teaches a urethane acrylate [0251] that is synthesized by reacting hexamethylene diisocyanate as an isocyanate compound, hexamethylene diisocyanate trimer of isocyanurate type, 2-hydroxypropyl acrylate as a (meth)acryloyl compound having a hydroxyl group, pentaerythritol triacrylate, tin d-n-butyl dilaurate as a catalyst, and hydroquinone monomethyl ether as a polymerization inhibitor [0249], wherein the urethane acrylate is UA [0251] that is present in a composition comprising 50 parts by mass of the UA, 20 parts by mass of DPHA-12EO, 25 parts by mass of A-600, 5 parts by mass of MA, 0.5 parts by mass of 1173, and 0.5 parts by mass of TPO ([0269], TABLE 10, Example 50), wherein the DPHA-12EO is ethoxylated dipentaerythritol hexaacrylate [0251], the A-600 is polyethylene glycol diacrylate [0253], the MA is methyl acrylate [0258], the 1173 is 2-hydroxy-2-methyl-1-phenylpropan-1-one [0261] that is a photopolymerization initiator [0259], and the TPO is 2,4,6-trimethylbenzoyl diphenylphosphine [0262] that is a photopolymerization initiator [0259], wherein the composition may contain well known additives such as a surfactant [0127], wherein a photo-curable resin composition in the prior art included a fluorine-based surfactant [0010], wherein an ultraviolet-curable resin composition in the prior art included a leveling agent [0011]. Sekiya and Takihara are analogous art because both references are in the same field of endeavor of a photocurable resin composition comprising a urethane (meth)acrylate (A), a (meth)acrylate monomer (B), a photopolymerization initiator (C), and optionally a leveling agent (D). Before the effective filing date of the claimed invention, one of ordinary skill in the art would found it obvious to use Takihara’s urethane acrylate that is synthesized by reacting hexamethylene diisocyanate as an isocyanate compound, hexamethylene diisocyanate trimer of isocyanurate type, 2-hydroxypropyl acrylate as a (meth)acryloyl compound having a hydroxyl group, pentaerythritol triacrylate, tin d-n-butyl dilaurate as a catalyst, and hydroquinone monomethyl ether as a polymerization inhibitor to substitute for Sekiya’s urethane acrylate oligomer a in Sekiya’s composition. The proposed modification would read on wherein the urethane (meth)acrylate (A) comprises a urethane (meth)acrylate having an isocyanurate skeleton as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for modifying curing properties of Sekiya’s composition because Takihara teaches that the urethane acrylate [0251] that is synthesized by reacting hexamethylene diisocyanate as an isocyanate compound, hexamethylene diisocyanate trimer of isocyanurate type, 2-hydroxypropyl acrylate as a (meth)acryloyl compound having a hydroxyl group, pentaerythritol triacrylate, tin d-n-butyl dilaurate as a catalyst, and hydroquinone monomethyl ether as a polymerization inhibitor [0249] is beneficial for being a monomer [0040] having polymerization reactivity [0081] in a photo-curable resin composition [0009], and because Sekiya teaches that the composition comprises [0035] 3 parts by mass of short-wavelength photopolymerization initiator that is Irgacure 184, 1 parts by mass of long-wavelength photopolymerization initiator that is Irgacure 819, and 40 parts by mass of urethane acrylate oligomer a that is Violet Light UV7630B ([0036], [Table 1], Example 2, [0049]) that is Shikari UV7630B that has a molecular weight of 2200 and that has 6 (meth)acryloyl groups in the molecule [0041].
Regarding claim 6, Sekiya renders obvious the photocurable resin composition according to claim 1 as explained above.
Sekiya does not teach that the photocurable resin composition according to claim 1, further comprising a photostabilizer (F). However, Takihara teaches a light stabilizer that is present in a composition [0127] further composition comprising 50 parts by mass of UA, 20 parts by mass of DPHA-12EO, 25 parts by mass of A-600, 5 parts by mass of MA, 0.5 parts by mass of 1173, and 0.5 parts by mass of TPO ([0269], TABLE 10, Example 50), wherein the UA is a urethane acrylate, the DPHA-12EO is ethoxylated dipentaerythritol hexaacrylate [0251], the A-600 is polyethylene glycol diacrylate [0253], the MA is methyl acrylate [0258], the 1173 is 2-hydroxy-2-methyl-1-phenylpropan-1-one [0261] that is a photopolymerization initiator [0259], and the TPO is 2,4,6-trimethylbenzoyl diphenylphosphine [0262] that is a photopolymerization initiator [0259]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Takihara’s light stabilizer to modify Sekiya’s composition. The proposed modification would read on the photocurable resin composition according to claim 1, further comprising a photostabilizer (F) as claimed. One of ordinary skill in the art would have been motivated to do so because Takihara that the light stabilizer is beneficial for being useful in an active energy ray-curable resin composition [0127] further composition comprising 50 parts by mass of UA, 20 parts by mass of DPHA-12EO, 25 parts by mass of A-600, 5 parts by mass of MA, 0.5 parts by mass of 1173, and 0.5 parts by mass of TPO ([0269], TABLE 10, Example 50), wherein the UA is a urethane acrylate, the DPHA-12EO is ethoxylated dipentaerythritol hexaacrylate [0251], the A-600 is polyethylene glycol diacrylate [0253], the MA is methyl acrylate [0258], the 1173 is 2-hydroxy-2-methyl-1-phenylpropan-1-one [0261] that is a photopolymerization initiator [0259], and the TPO is 2,4,6-trimethylbenzoyl diphenylphosphine [0262] that is a photopolymerization initiator [0259], which would have been beneficial for improving light stability of Sekiya’s composition, which would have been desirable for Sekiya’s composition because Sekiya teaches that the composition comprises [0035] 2 parts by mass of ultraviolet light absorber that is Tinuvin 400 ([0036], [Table 1], Example 2, [0049]), and that other additives that are an antioxidant and the like can be added as long as the effects of the present invention are not impaired [0028].
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sekiya et al. (JP 2009-067827 A, cited in IDS, machine translation in English used for citation) as applied to claim 1, and further in view of Sasamoto et al. (US 2013/0172476 A1).
Regarding claim 4, Sekiya renders obvious the photocurable resin composition according to claim 1 as explained above. Sekiya teaches that a leveling agent can be added as long as the effects of the present invention are not impaired [0028], which optionally reads on wherein the leveling agent (D) has a weight average molecular weight (Mw) of greater than 0.
Sekiya does not teach that the leveling agent (D) has a weight average molecular weight (Mw) of 30,000 or less. However, Sasamoto teaches a fluorine-based surfactant that has a weight-average molecular weight of 2,000 to 100,000 or more preferably in the range of 3,000 to 50,000, that exhibits high compatibility with other components in a resin composition such as a coating composition, that provides a high leveling property in a resin composition [0037], wherein the coating composition is a photosensitive resin composition [0044], wherein the composition is an active-energy-ray-curable composition [0058]. Sekiya and Sasamoto are analogous art because both references are in the same field of endeavor of a photocurable resin composition. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Sasamoto’s fluorine-based surfactant to modify Sekiya’s composition, and to optimize the weight-average molecular weight of Sasamoto’s fluorine-based surfactant to be in the range of 2,000 to 30,000. The proposed modification would read on wherein the leveling agent (D) has a weight average molecular weight (Mw) of 30,000 or less and 2,000 or more as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for improving leveling of Sekiya’s composition and for optimizing a leveling property in Sekiya’s composition because Sasamoto teaches that the fluorine-based surfactant’s having a weight-average molecular weight of 2,000 to 100,000 or more preferably in the range of 3,000 to 50,000 is beneficial for exhibiting high compatibility with other components in a resin composition such as a coating composition and for providing a high leveling property in a resin composition [0037], wherein the coating composition is a photosensitive resin composition [0044], wherein the composition is an active-energy-ray-curable composition [0058], and because Sekiya teaches that a leveling agent can be added as long as the effects of the present invention are not impaired [0028], which means that the weight-average molecular weight of Sasamoto’s fluorine-based surfactant would have affected a leveling property in Sekiya’s composition.
Regarding 13, Sekiya renders obvious the photocurable resin composition according to claim 1 as explained above. Sekiya teaches that the composition comprises [0035] 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A and 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402 ([0036], [Table 1], Example 2, [0049]), that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the (meth)acrylate monomer is not particularly limited, but preferably has one to six acryloyl groups and/or methacryloyl groups in total in the molecule [0015], that similarly, the glass transition temperature (Tg) is preferably -65°C or higher [0015], that similarly, the molecular weight is preferably from 100 to 1200 [0015], that any photopolymerizable compound known in the field of photocurable coating materials can be used [0015], and that the (meth)acrylate monomer contained may be one kind or two or more kinds [0015].
Sekiya does not teach that the bifunctional (meth)acrylate monomer (b1) is at least one selected from the group consisting of ethylene glycol di(meth)acrylate, 1,3-butanediol di(meth)acrylate, 1,4-butanediol di(meth)acrylate, and neopentyl glycol di(meth)acrylate. However, Sasamoto teaches ethylene glycol di(meth)acrylate, 1,3-butanediol di(meth)acrylate, 1,4-butanediol di(meth)acrylate, neopentyl glycol di(meth)acrylate, or 1,6-hexanediol di(meth)acrylate that is an active-energy-ray-curable monomer [0056] that is present in a coating composition [0009] further comprising optionally an urethane(meth)acrylate resin [0047], and further comprising optionally a photopolymerization initiator [0058, 0059, 0063]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Sasamoto’s ethylene glycol di(meth)acrylate, 1,3-butanediol di(meth)acrylate, 1,4-butanediol di(meth)acrylate, or neopentyl glycol di(meth)acrylate to substitute for Sekiya’s 1,6-hexanediol diacrylate in Sekiya’s Example 2. The proposed modification would read on wherein the bifunctional (meth)acrylate monomer (b1) is at least one selected from the group consisting of ethylene glycol di(meth)acrylate, 1,3-butanediol di(meth)acrylate, 1,4-butanediol di(meth)acrylate, and neopentyl glycol di(meth)acrylate as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for modifying the curable of Sekiya’s composition because However, Sasamoto teaches that the ethylene glycol di(meth)acrylate, 1,3-butanediol di(meth)acrylate, 1,4-butanediol di(meth)acrylate, or neopentyl glycol di(meth)acrylate is an active-energy-ray-curable monomer [0056] that is beneficial for being useful in a coating composition [0009] further comprising optionally an urethane(meth)acrylate resin [0047], and further comprising optionally a photopolymerization initiator [0058, 0059, 0063], and that the active-energy-ray-curable monomer is alternatively 1,6-hexanediol di(meth)acrylate [0056], and because Sekiya teaches that the composition comprises [0035] 3 parts by mass of short-wavelength photopolymerization initiator that is Irgacure 184, 1 parts by mass of long-wavelength photopolymerization initiator that is Irgacure 819, 20 parts by mass of 1,6-hexanediol diacrylate that is light acrylate 1 that is 6HX A, 40 parts by mass of dipentaerythritol hexaacrylate that is Aronix M402, and 40 parts by mass of urethane acrylate oligomer a that is Violet Light UV7630B ([0036], [Table 1], Example 2, [0049]), that the 1,6-hexanediol diacrylate and the dipentaerythritol hexaacrylate are (meth)acrylate monomers [0040], that the (meth)acrylate monomer is not particularly limited, but preferably has one to six acryloyl groups and/or methacryloyl groups in total in the molecule [0015], that similarly, the glass transition temperature (Tg) is preferably -65°C or higher [0015], that similarly, the molecular weight is preferably from 100 to 1200 [0015], that any photopolymerizable compound known in the field of photocurable coating materials can be used [0015], and that the (meth)acrylate monomer contained may be one kind or two or more kinds [0015], which means that Sasamoto’s ethylene glycol di(meth)acrylate, 1,3-butanediol di(meth)acrylate, 1,4-butanediol di(meth)acrylate, or neopentyl glycol di(meth)acrylate and Sekiya’s 1,6-hexanediol diacrylate are equivalents known for the same purpose because each is a di(meth)acrylate that is used in a photocurable resin composition comprising a urethane (meth)acrylate (A), the (meth)acrylate monomer (B), and a photopolymerization initiator (C). "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose (MPEP 2144.06(I)). In order to rely on equivalence as a rationale supporting an obviousness rejection, the equivalency must be recognized in the prior art, and cannot be based on applicant’s disclosure or the mere fact that the components at issue are functional or mechanical equivalents (MPEP 2144.06(II)).
Response to Arguments
Applicant’s arguments, see p. 7, filed 10/23/2025, with respect to the objection to the abstract of the disclosure have been fully considered and are persuasive. The objection to the abstract of the disclosure has been withdrawn.
Applicant’s arguments, see p. 7, filed 10/23/2025, with respect to the rejection of claim 7 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, have been fully considered and are persuasive. The rejection of claim 7 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn.
Applicant’s arguments, see p. 7-9, filed 10/23/2025, with respect to the rejection of claims 1, 2, 5, and 7 under 35 U.S.C. 103 as being unpatentable over Takihara et al. (US 2013/0004718 A1) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, see p. 7-9, filed 10/23/2025, with respect to the rejection of claims 3 and 6 under 35 U.S.C. 103 as being unpatentable over Takihara et al. (US 2013/0004718 A1) have been considered and are responded to by the new grounds of rejection that is set forth in this Office action.
Applicant’s arguments, see p. 7-9, filed 10/23/2025, with respect to the rejection of claim 4 under 35 U.S.C. 103 as being unpatentable over Takihara et al. (US 2013/0004718 A1) as applied to claim 1, and further in view of Sasamoto et al. (US 2013/0172476 A1) have been considered and are responded to by the new grounds of rejection that is set forth in this Office action.
Applicant’s arguments, see p. 7-9, filed 10/23/2025, with respect to new claims 12 and 13 have been considered and are responded to by the new grounds of rejection that is set forth in this Office action.
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.
Correspondence
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/DAVID T KARST/ Primary Examiner, Art Unit 1767