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 . Per amendment dated 5/6/26, claims 1-4, 7-15 are currently pending in the application, with claims 12-14 being withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections -103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 7-11, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ji et al. (US 2012/0189961 A1), alone, or in view of KR 100525155 B1 (machine translation, KR ‘155 B1).
Regarding claims 1-4, 11 and 15, Ji teaches a photosensitive resin composition, comprising: an alkali-soluble binder resin, a multi-functional monomers encompassing photopolymerizable monomers, a photoinitiator, and a solvent [0007], and may further comprise a coloring pigment, e.g., phthalocyanine blue [0067]-[0069], a curing promoter [0061], and an adhesion promoter [0073].
Disclosed curing promoter include 2-mercaptobenzoimidazole, 2-mercaptobenzothiazol, 2-mercaptobenzooxazole, 2,5-dimercapto-1,3,4-thiadiazole, 2-mercapto-4,6-dimethylaminopyridine, pentaerythritol-tetrakis(3-mercaptopropionate) (reads on 1a), pentaerythritol-tris(3 -mercaptopropionate), pentaerythritol-tetrakis(2-mercaptoacetate) (reads on 1c), pentaerythritol-tris(2-mercaptoacetate), trimethylolpropane-tris(2-mercaptoacetate) (reads on 1d), and trimethylolpropane-tris(3-mercaptopropionate) (reads on 1b), include a thiol compound of claims 1, 3, 4 [0061].
Disclosed adhesion promoters include N-(2-aminoethyl)-3-aminopropylmethyldimethoxysilane, N-(2-aminoethyl)-3-aminopropylmethyltrimethoxy silane, and 3-aminopropyltriethoxysilane and read on claimed formula 2.
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112
282
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N-(2-aminoethyl)-3-aminopropylmethyltrimethoxy silane
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3-aminopropyltriethoxysilane (meets limitation of claim 15).
Disclosed Example 1 is drawn to a composition comprising a binder, a photopolymerizable compound, a photoinitiator, an adhesion promoter, a leveling agent, and a solvent. The calculated wt.% of adhesion promoter in the composition is (5;100)/1941=0.257.
Ji is silent on a composition comprising a blue pigment, and a curing promoter in claimed amount, in one single embodiment as in the claimed invention.
At the outset, it is noted that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP § 2144.05.
Given the teaching in Ji on phthalicyanine blue as a suitable coloring pigment, the teaching on suitable adhesion promoters and amount thereof, including those of the claimed invention, it would have been obvious to one of ordinary skill in the art, as of the effective filing date of the claimed invention, to prepare a composition comprising a binder, a photopolymerizable compound, a photoinitiator, a curing promoter, an adhesion promoter, leveling agent, and a solvent. For instance, a skilled artisan would have found it obvious use an adhesion promoter, such as 3-aminopropyltriethoxysilane in an amount as calculated in Example, i.e., at 0.257 wt.% of the composition.
Furthermore, although Ji is silent on the claimed range of a curing promoter, it is the office’s position that the amount of a curing promoter in a composition is a result effective variable because changing it would clearly affect the type of product obtained. Likewise, the amount of a siliane adhesion promoter would impact the degree of adhesion and is a therefore, a result effective variable. See MPEP § 2144.05 (B). Case law holds that “discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art.” See In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Thus, it would have been obvious to one of ordinary skill in the art to utilize appropriately effective amounts of a curing promoter and a silane adhesion promoter, including those within the scope of the present claims, so as to produce desired end results, absent evidence of criticality for the claimed ranges.
In the alternative, although Ji is silent on the amount of the thiol compound, the secondary reference to KR ‘155 teaches a photosensitive composition comprising a binder resin (100 parts), a polyfunctional acrylate monomer/oligomer (5-150 parts) (photopolymerizable compound), a photopolymerization initiator/sensitizer (0.01-50 parts), and a thiol compound (0.01-50 parts), and an appropriate amount of adhesion promoter and a solvent, such that a high sensitivity is realized by using a multifunctional thiol-based compound, providing for a photosensitive photoresist having very good physical properties. Disclosed thiols compounds include trimethylolpropane tris (3-mercaptopropionate), trimethylolpropane tris (2-mercaptopropionate), trimethylolpropane tris (2-mercaptoacetate), pentaerythritol tetrakis (2-mercaptoacetate) etc. (Ab., pages 2-6, re. claims).
In view of the advantages of a thiol compound taught in KR ‘155 , it would have been obvious to one of ordinary skill in the art, as of the effective filing date of the claimed invention, to prepare Ji’s composition comprising a binder, a photopolymerizable compound, a photoinitiator, a curing promoter (a thiol compound), an adhesion promoter, leveling agent, and a solvent, a silane adhesion promoter, and to include appropriately effective amount of a thiol compound such as those within the scope of the claimed invention, absent evidence to the contrary. Moreover, as stated above, the amount of a silane adhesion promoter and a thiol curing promoter are both result effective variables for reasons stated above.
Regarding claims 7-9, Ji teaches alkali-soluble binders that may be based on (meth)acrylate monomers, having a Mw and an acid value within the claimed ranges, with the general disclosure prescribing a range of 1,000 to 50,000 of Mw, and an acid value of 30-150 [0030]-[0051] (Examples).
Regarding claim 10, Ji teaches a range of 1-10 wt.% alkali-soluble resin, [0052], monomer (photopolymerizable compound) at 1-10 wt% [0039], 0.5-5 wt.% photoinitiator [0062], and colorant at 5-20 wt%, based on the total weight of the composition [0070]. Additionally, noting that Ji’s Example 1 teaches a silane adhesion promoter amount within the claimed range, the amounts of a thiol curing promoter and an adhesion promoter in a curable composition may be chosen in appropriately desired levels for reasons stated previously, including within the claimed ranges, to provide for a solvent content of overlapping scope.
Response to Arguments
In view of the amendment dated 5/6/26, the rejections of record are withdrawn. Additionally, Applicant’s arguments with respect to claim rejections and applied art 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.
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 Satya Sastri at (571) 272 1112. The examiner can be reached Monday-Friday, 9AM-5.30PM (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Robert Jones can be reached at (571)-270-7733. The fax phone number for the organization where this application or proceeding is assigned is (571) 273 8300.
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/Satya B Sastri/
Primary Examiner, Art Unit 1762
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