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 .
Response to Amendment
In response to the Amendment received on 02/19/2025, the examiner has carefully considered the amendments. The examiner acknowledges the cancellation of claim 67.
Response to Arguments
Applicant’s arguments, see Remarks, filed 08/21/2025, with respect to the rejection(s) of claim(s) 58-65, and 68 by Suemitsu et al (US2013/0052423) is unpersuasive. The indicated allowability of claims 70-72 appears to be premature. Upon closer review of Suemitsu, it appears the pentaerythritol triacrylate identified as A-TMM-3LMN [see 0148] has a Tg greater than 250 deg. C from the technical data sheet. Therefore, it is deemed the limitation “…at least one multi-functional (meth) acrylate featuring a Tg higher than 150 deg. C” in claims 58 and 70-72 is met, as well as, the limitation “…at least one multi-functional (meth) acrylate features a Tg of higher than 100 deg. C” in claims 73-74 is found in the reference.
Regarding claim 71, Suemitsu sets forth in the overall teachings compound such as tris(2-hydroxyethyl)isocyanurate tri(meth)acrylate can be used component (c)—see [0078]. It is deemed tris(2-hydroxyethyl)isocyanurate tri(meth)acrylate has a Tg of greater than 240 deg. C. Thus, claim 71 is obvious in view of the overall teachings of the reference. Claim 71 will be added to the 35 USC 103(a) rejection.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 58-60, 64-65, 68, 70 and 72 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Suemitsu et al (US2013/0052423).
Suemitsu sets forth a photosensitive composition comprising a thioether compound, a photopolymerization initiator other than a phosphine oxide compound and an a-aminoalkylphenone compound, and a compound having 1 to 6 (meth)acryloyl groups in one molecule—see abstract.
Said photosensitive composition comprises (a) from 0.01 to 20 mass parts of a thioether having the general formula (1):
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67
233
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, wherein R1 and R2 are each independently an organic group having 1 to 20 carbon atoms; (b) from 0.1 to 20 mass parts of a photopolymerization initiator other than a phosphine oxide compound and an a-aminoalkylphenone compound; from 60 to 99.89 parts by mass of a compound having 1 to 6 (meth)acryloyl groups in one molecule—see [0017]; [0031]; [0038]; [0063]; [0067]; [0070]; and [0074]-[0079]. The thioether is preferably found in amount from 0.05 to 5 parts by mass—see [0036]. The photoinitiator is are photoinitiators have an absorption at 365 nm and included compounds (1) to (11)—see [0039] - [0050]. The polymerizable compound (c) is preferably found in amounts from 10 to 95 parts by mass—see [0066].
Per example J-4, Suemitsu explicitly sets forth a photosensitive composition comprising 1.5 parts by mass of the thioether, ditridecyl thiodipropionate having the formula:
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123
311
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; 3.0 parts by mass of photoinitiator: 1-hydroxycylcohexylphenyl ketone (Irgacure 184); 31.0 parts by mass of 9,9-bis[4-(2-acryloyloxyethoxy)phenyl]fluorene (mw: 546.61 g/mol); 32.0 parts by mass of ethoxylated o-phenylphenol acrylate (mw: 268); 3.0 parts by mass of pentaerythritol triacrylate (mw: 298; Tg greater than 250 deg. C); 29.5 parts by mass of bisphenol A ethoxylated adduct acrylate (epoxy acrylate, mw: 362.4 g/mol)—see Table 1. Thus, claim 58 is anticipated.
The total amount of curable materials is 95 % by mass of the total composition—claim 59. The pentaerythritol triacrylate (A-TMM-3LMN) has a molecular weight below 550 and a Tg greater than 250 deg. C and is found in amounts of 3 wt. % in composition J4—claims 70 and 72.
The composition has an initial light transmittance of 96% and a light transmission of 95% after heating (both above 70 %--claim 60.
The ditridecyl thiodipropionate thioether in the composition has two hydrocarbon chains of 13 carbons—claim 64.
The ditridecyl thiodipropionate thioether has two thiocarboxylate groups, see formula above—claim 65.
The composition (J4) comprises 30 parts by mass of the multifunctional (meth) acrylate material: 9,9-bis[4-(2-acryloyloxyethoxy) phenyl] fluorene and at least one multi-functional epoxy (meth) acrylate material: bisphenol A ethoxylated adduct acrylate—claims 68, provisos 3 and 5.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 61-63 and 71 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suemitsu as applied to claims 58-60, 64-65, and 68 above.
Suemitsu is set forth above as anticipating the composition of claims 58-60, 64-65, and 68.
Regarding claims 61-63: Suemitsu does not expressly set forth the photosensitive compositions contains a photoinitiator that is activated upon absorbing light at a wavelength higher than 380 nm. However, Suemitsu sets forth the compositions, as set forth above comprising (a), (b), and (c) may comprises various additives such as phosphine oxide photopolymerization initiators, such as bis(2,4,6-trimethylbenzoyl)-phenylphosphine oxide (405 nm), bis(2,6-dimethoxybenzoyl)-2,4,4-trimethyl-pentylphosphine oxide, 2,4,6-trimethylbenzoyl-diphenyl-phosphine oxide (Lucirin TPO, BASF Corp.) and the like—see [0092] and [0096]. Therefore, it would have been within the skill level of an ordinary artisan to add a phosphine oxide photoinitiator having an absorption of greater than 380 nm to the composition as an additive, as suggested in the overall teachings, with a reasonable expectation of successfully obtaining a photosensitive resin composition having improved UV curing properties and excellent storage stability, as suggested by Suemitsu in absence of evidence to the contrary and/or unexpected results—see [0007] (claim 61 and 63).
Regarding claim 62: Suemitsu does not expressly set forth the addition amount of said phosphine oxide additive photoinitiator. However, the courts have upheld, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Thus, claim 62 is within the skill level of an ordinary artisan to obtain in absence of evidence to the contrary and/or unexpected results and therefore obvious. It is deemed the limitation “no more than 3 % by weight” includes all lower limits of above zero wt. %.
Regarding claim 71, Suemitsu sets forth in the overall teachings compound such as tris(2-hydroxyethyl)isocyanurate tri(meth)acrylate can be used component (c)—see [0078]. It is deemed tris(2-hydroxyethyl)isocyanurate tri(meth)acrylate has a Tg of greater than 240 deg. C. Thus, claim 71 is obvious in view of the overall teachings of the reference.
Allowable Subject Matter
Claim 66 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.
Claims 73-75 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior art, fails to expressly teach and/or anticipate the claimed photocurable composition of claims 73-75. Suemitsu does not require the addition of more than one multi-functional (meth) acrylate material having the requirements forth in claim 75. While Suemitsu may discloses multi-functional (meth) acrylate materials meeting the claimed requirement, Suemitsu does not expressly teach and/or suggest to an ordinarily skilled artisan a composition required to comprise at least two multi-functional (meth) acrylates meeting the claimed limitation.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANZA L MCCLENDON whose telephone number is (571)272-1074. The examiner can normally be reached 8-5.
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/SANZA L. McCLENDON/Primary Examiner, Art Unit 1765
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