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
Applicant's amendment to claim 1, the cancellation of claim 3, the addition of new claim 21 and the accompanying arguments filed 12/18/2025 have been fully considered but they are not persuasive. Therefore, the Examiner maintains the rejection presented in the previous Office Action dated 09/22/2025 below with modifications to address the amendment to claim 1 and the addition of new claim 21.
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 1-2 and 4-21 is/are rejected under 35 U.S.C. 103 as being obvious over Mizuno (US 2017/0123315; IDS, 02/06/2023).
The applied reference has a common assignee and inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). Examiner also points that based upon the publication date of the reference it also constitutes prior art under 35U.S.C. 102(a)(1).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Mizuno discloses a lithographic printing plate precursor comprising: a layer including a compound represented by Formula 1 and a binder polymer on a support. (Para, 0030). Mizuno discloses in Formula 1, R1 represents a group in which an R1—O bond is cleaved by heat or exposure to infrared rays, R2 and R3 each independently represent a hydrogen atom or an alkyl group, R2 and R3 may be linked to each other to form a ring, Ar1 and Ar2 each independently represent a group forming a benzene ring or a naphthalene ring, Y1 and Y2 each independently represent an oxygen atom, a sulfur atom, —NR0—, or a dialkyl methylene group, R4 and R5 each independently represent an alkyl group, R6 to R9 each independently represent a hydrogen atom or an alkyl group, R0 represents a hydrogen atom, an alkyl group, or an aryl group, and Za represents a counter ion neutralizing a charge. (Para, 0031-0042). These disclosures and the formulas illustrated (Formula I, Formulae 1-1 to 1-7, and Formula 2) teach and/or suggest the limitations of claims 4-6 and 13. Mizuno also discloses specific examples of Formula 1 as compounds 1 to 45 (Para, 0119). These illustrations of compounds 1-45 teach and/or suggest the limitation of claims 14-16.
Mizuno also discloses a color developing composition that includes a compound represented by Formula 1. (Para, 0054). Mizuno discloses the color developing composition of the present invention can be preferably used as a thermosensitive and/or infrared-sensitive color developing composition and can be preferably used to produce image-recording layers and/or protective layers for lithographic printing plate precursors. (Para, 0055-0056). Mizuno discloses the compound represented by Formula 1 is a compound which is decomposed by heat or exposure to infrared rays and generates color-developing decomposed matters. (Para, 0059). Mizuno explains, color development refers to the fact that strong coloration or absorption occurs at shorter wavelengths after heating or exposure than before heating and exposure and absorption occurs in the visible light range. (Para, 0059). Mizuno further explains, the compound represented by Formula 1 is preferably a compound which is decomposed by heat or exposure to infrared rays and generates compounds having a maximum absorption wavelength in a range of 500 to 600 nm. (Para, 0059). These disclosures teach and/or suggest the limitation of claim 11.
Mizuno discloses that to improve on-machine developing properties without degrading printing resistance, the image-recording layer in the present invention may include a low-molecular-weight hydrophilic compound. (Para, 0267). Mizuno discloses the low-molecular-weight hydrophilic compound is preferably a compound having a molecular weight of smaller than 1,000, more preferably a compound having a molecular weight of smaller than 800, and still more preferably a compound having a molecular weight of smaller than 500. (Para, 0267). Mizuno discloses the low-molecular-weight hydrophilic compound, examples of water-soluble organic compounds include glycols such as ethylene glycol, diethylene glycol, triethylene glycol, propylene glycol, dipropylene glycol, and tripropylene glycol and ethers or ester derivative thereof, polyols such as glycerin, pentaerythritol, and tris(2-hydroxyethyl) isocyanurate, organic amines such as triethanolamine, diethanolamine, and monoethanolamine and salts thereof, organic sulfonic acids such as alkyl sulfonic acid, toluenesulfonic acid, and benzenesulfonic acid and salts thereof, organic sulfamic acids such as alkyl sulfamate and salts thereof, organic sulfuric acids such as alkyl sulfates and alkyl ether sulfates and salts thereof, organic phosphonic acids such as phenylphosphonic acid and salts thereof, organic carboxylic acids such as tartaric acid, oxalic acid, citric acid, malic acid, lactic acid, gluconic acid, and amino acid and salts thereof, betaines, and the like. (Para, 0268). Mizuno discloses it is preferable to add at least one selected from polyols, organic sulfates, organics sulfonates, and betaines. (Para, 0269). These disclosures teach and/or suggest the limitation of claim 10.
Mizuno discloses the image-recording layer in the lithographic printing plate precursor of the present invention is formed by, dispersing or dissolving the necessary components described above in a well-known solvent so as to prepare a coating fluid, applying the coating fluid onto a support using a well-known method such as bar coating, and drying the coating fluid. (Para, 0297). Mizuno discloses the coating amount (solid content) of the image-recording layer on the support which is obtained after application and drying varies depending on applications, but is preferably in a range of 0.3 to 3.0 g/m2. (Para, 0297). Mizuno explains within this range, a favorable sensitivity and favorable membrane characteristics of the image-recording layer can be obtained. (Para, 0297).
Mizuno discloses, when the color developing composition of the present invention includes the borate compound, the potential difference ΔG2 between the highest occupied molecular orbital (HOMO) of the compound represented by Formula 1 and the highest occupied molecular orbital of the borate compound (ΔG2=the HOMO of the specific compound-the HOMO of the borate compound) is preferably 0.500 eV or more, more preferably 0.585 eV or more, and particularly preferably 0.608 to 1.000 eV. (Para, 0208). Moreover, Mizuno discloses, when the potential difference between the HOMO of the compound represented by Formula 1 and the HOMO of the borate compound is in the above-described range, it is assumed that the stability of the borate compound while not exposed to heat or infrared rays is excellent, and, when the borate compound is exposed to heat or infrared rays, electrons migrate from the HOMO of the borate compound to the HOMO of the compound represented by Formula 1, and thus the excitation of electrons to the lowest unoccupied molecular orbital (LUMO) of the compound represented by Formula 1 is accelerated, and the decomposition of the compound represented by Formula 1 is accelerated, and it is assumed that the electron migration from the compound represented by Formula 1 to the polymerization initiator is also accelerated, and the printing resistance also improves in a case in which the color developing composition is used for a photosensitive layer in the lithographic printing plate precursor. (Para, 0209). These disclosures teach and/or suggest the limitation of claim 1, ‘An on-press development type lithographic printing plate precursor comprising, in the following order: … HOMO of the infrared absorber - HOMO of the electron-donating polymerization initiator is 0.60 eV or less…and HOMO of the infrared absorber is -5.30 eV or less.’ Moreover, these disclosures teach and/or suggest the limitations of claims 2, 7, new claim 21 and contemplate the limitation of claim 19.
Mizuno discloses a lithographic printing plate precursor of the present invention has a layer including the compound represented by Formula 1 and the binder polymer on a support. (Para, 0244). Mizuno discloses the lithographic printing plate precursor of the present invention preferably has an image-recording layer made of the color developing composition of the present invention and/or a protective layer made of the color developing composition of the present invention. (Para, 0245). Mizuno discloses in the lithographic printing plate precursor of the present, it is possible to provide an undercoat layer between the support and the image-recording layer and a protective layer on the image-recording layer as necessary. (Para, 0246). Mizuno discloses the lithographic printing plate precursor of the present invention can be preferably used as on-machine development-type lithographic printing plate precursors on which a development process can be carried out on printers. (Para, 0247). Mizuno discloses, in the lithographic printing plate precursor of the present invention, a protective layer (in some cases, also referred to as the overcoat layer) is preferably provided on the image-recording layer. (Para, 0311). Mizuno explains the protective layer has a function of suppressing image formation-inhibiting reactions caused by the shielding of oxygen and additionally has a function of preventing the generation of damage in the image-recording layer and abrasion prevention during exposure using high-luminance lasers. (Para, 0311). Mizuno discloses supports that can be used in the lithographic printing plate precursor of the present invention are not particularly limited, and examples thereof include well-known supports for lithographic printing plate precursors. (Para, 0327). Mizuno discloses the support is preferably an aluminum plate which has been roughened using a well-known method and anode-oxidized. (Para, 0327). These disclosures teach and/or suggest the limitation of claim 1, ‘An on-press development type lithographic printing plate precursor comprising, in the following order: a support; an image-recording layer; and an outermost layer…’
Mizuno discloses, the image-recording layer preferably includes the compound represented by Formula 1, the binder polymer, the polymerization initiator, and the polymerizable compound and is capable of further including polymer particles below or other components in addition to the above-described components. (Para, 0250). This disclosure teaches and/or suggests the limitation of claim 1, ‘An on-press development type lithographic printing plate precursor comprising, in the following order: …wherein the image-recording layer contains an infrared absorber, an electron-donating polymerization initiator, and a polymerizable compound, and the outermost layer contains a discoloring compound.’ Mizuno discloses the binder polymer that can be used in the present invention is not particularly limited, and well-known binder polymers that are used for photosensitive color developing compositions or thermosensitive color developing compositions can be used. (Para, 0127). Mizuno discloses, among these, the binder polymer is preferably an acrylic resin, a polyvinyl acetal resin, or a polyurethane resin. (Para, 0127). Mizuno explains, the binder polymer that is used in the image-recording layer in the lithographic printing plate precursor of the present invention described below is preferably a binder polymer that is used in on-machine development-type lithographic printing plate precursors (hereinafter, also referred to as the binder polymer for on-machine development). (Para, 0128). These disclosures teach and/or suggest the limitation of claims 8-9.
Mizuno discloses in regards to the infrared absorber, when an infrared absorber is included, the color developing composition of the present invention can be more preferably used as an infrared-sensitive color developing composition. (Para, 0153). Mizuno explains, in a case in which the color developing composition of the present invention is used as a thermosensitive color developing composition, the color developing composition may include an infrared absorber. (Para, 0154). Mizuno discloses the infrared absorber (also referred to as “IR colorant” or “infrared-absorbing colorant”) is a compound having a function that converts absorbed infrared rays to heat and it may further have a function of migrating electrons and/or migrating energy to a polymerization initiator described below when excited by infrared rays. (Para, 0155). Mizuno discloses the infrared absorber preferably has the maximum absorption in a wavelength range of 750 to 1,400 nm and as the infrared absorber, a dye or a pigment is preferably used. (Para, 0156). Mizuno discloses examples thereof include dyes such as azo dyes, metal complex salt azo dyes, pyrazolone azo dyes, naphthoquinone dyes, anthraquinone dyes, phthalocyanine dyes, carbonium dyes, quinone imine dyes, methine dyes, cyanine dyes, squarylium colorants, pyrylium salts, and metal thiolate complexes. (Para, 0157). Mizuno discloses among these dyes, preferred examples include cyanine colorants, squarylium colorants, and pyrylium salts and among these, cyanine colorants are preferred, and indolenine cyanine colorants are particularly preferred. (Para, 0158). These disclosures teach and/or suggest the limitations of claim 11.
Mizuno discloses the polymerization initiator that is used in the color developing composition of the present invention is a compound that generates polymerization-initiating species such as radicals or cations using the energy of either or both light and heat, and it is possible to appropriately select and use well-known thermopolymerization initiators, compounds having bonds with a small bond dissociation energy, photopolymerization initiators, and the like. (Para, 0165-0166). Mizuno discloses the polymerization initiator is preferably a radical polymerization initiator and more preferably an onium salt and in addition, the polymerization initiator is preferably an infrared-sensitive polymerization initiator. (Para, 0167-0168). Mizuno discloses, examples of the radical polymerization initiator include (a) organic halides, (b) carbonyl compounds, (c) azo compounds, (d) organic peroxides, (e) metallocene compounds, (f) azide compounds, (g) hexaarylbiimidazole compounds, (h) organic borate compounds, (i) disulfone compounds, (j) oxime ester compounds, and (k) onium salt compounds. (Para, 0169). These disclosures teach and/or suggest the limitations of claims 17-18.
Mizuno also discloses a plate making method for a lithographic printing plate of the present invention is not particularly limited, but preferably includes an exposure step of exposing the lithographic printing plate precursor of the present invention in an image pattern, and an on-machine development process step of removing non-image portions by supplying printing ink and dampening water to the lithographic printing plate precursor that has been exposed in an image pattern on a printer. (Para, 0333). Mizuno discloses the plate making method for a lithographic printing plate of the present invention preferably includes an exposure step of exposing the lithographic printing plate precursor of the present invention in an image pattern. (Para, 0335). Mizuno discloses the lithographic printing plate precursor of the present invention can be exposed in an image pattern using a method in which digital data is scanned and exposed using infrared lasers. (Para, 0336). Mizuno discloses, the wavelength of the light source that is used is preferably in a range of 750 nm to 1,400 nm and the light source is preferably a solid-state laser or a semiconductor laser that radiates infrared rays. (Para, 0337). Mizuno discloses the exposure mechanism may be any one of in-plane drum methods, external surface drum methods, flat head methods, and the like. (Para, 0337). Mizuno explains the exposure step can be carried out using plate-setters or the like and well-known methods and the exposure may be carried out on a printer using a printer including an exposure device after the lithographic printing plate precursor is mounted on the printer. (Para, 0338). These disclosures teach and/or suggest the limitation of claim 20, ‘ A method of preparing a lithographic printing plate, comprising: exposing the on-press development type lithographic printing plate precursor according to claim 1 in a shape of an image…’
Mizuno discloses that next an on-machine development process step is carried out, when printing is carried out on the lithographic printing plate precursor that has been exposed in an image pattern by supplying printing ink and dampening water without carrying out any development processes thereon, non-exposed portions on the lithographic printing plate precursor are removed at the initial stage of printing, and accordingly, the hydrophilic surface of the support is exposed, and non-image portions are formed. (Para, 0339). Mizuno explains, as the printing ink and the dampening water, well-known printing ink and dampening water for lithographic printing are used. (Para, 0339). Mizuno discloses, any of printing ink and dampening water may be first supplied to the plate surface, but it is preferable to first supply printing ink from the viewpoint of preventing contamination by the components of the image-recording layer from which dampening water is removed. (Para, 0339). Mizuno discloses in the above-described manner, the lithographic printing plate precursor is on-machine-developed on an off-set printer and is used as it is for printing a number of pieces of paper. (Para, 0339). These disclosures teach and/or suggest the limitation of claim 20, ‘ A method of preparing a lithographic printing plate, comprising: …and supplying at least one material selected from the group consisting of a printing ink and dampening water on a printer to remove the image-recording layer in a non-image area.’
Therefore, claims 1-2 and 4-21 would have been obvious to one of ordinary skill in the art at the time of filing of the present application by Applicant in view of the explicit disclosures and illustrations of Mizuno as discussed above as well as the teachings one of ordinary skill in the art would have reasonably understood from the disclosures and illustrations of Mizuno as discussed above.
Response to Arguments
Applicant’s amendments to claim 1, the cancellation of claim 3, the addition of new claim 21 and the accompanying arguments filed 12/18/2025 have failed to overcome the rejection presented in the previous Office Action dated 09/22/2025. Therefore, the Examiner maintained the rejection above, with modifications to address the amendment to claim 1 and the addition of new claim 21.
Applicant argues that Mizuno fails to teach and/or suggest the limitation of cancelled claim 3, which was amended into independent claim 1, ‘ and HOMO of the infrared absorber is -5.30 eV or less.’ Applicant points to Table 6 and to examples where the HOMO is not -5.30 eV or less such as examples 45-47 and 49-51. However, the Examiner points out this same table also provides examples such as 42-44 and 48 which fall within this range for the HOMO as now recited in claim 1. Moreover, this same table also demonstrates the ΔG2 as discussed in paragraphs 208-209 is also within the range recited in claim 1. Applicant concludes the examples of 45-47 and 49-51, demonstrate the HOMO of the infrared absorber is not inherently -5.30 eV or less. However, the claims as discussed above are rejected as being obvious in view of the disclosures of Mizuno, and the examples of Table 6 with the disclosures of Mizuno in paragraphs 208-209 as discussed in the rejection maintained above do teach and/or suggest this limitation. Therefore, the rejection is properly maintained over the recitations of claim 1 as amended. Examiner is also of the position those same disclosures in paragraphs 208-209 as well as the examples of table 6 also teach and/or suggest the range of the HOMO of the infrared absorber as recited in new claim 21. Therefore, new claim 21 is also properly rejected above. The amendments and accompanying arguments have failed to overcome the rejection; therefore, claims 1-2 and 4-21 are properly rejected above.
Conclusion
THIS ACTION IS MADE FINAL. 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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/CALEEN O SULLIVAN/Primary Examiner, Art Unit 2899