DETAILED CATION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-12 are currently pending in the application.
Specification
The disclosure is objected to because of the following informality:
In production Examples 1 and 4 subheadings, the word “trimmer” should be replaced with “trimer”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2013/0030077 A1), in view of either Sakuma et al. (JP2006-176587 A, machine translation) or Berge et al. (JP 11-124402 A, machine translation).
Regarding claims 1, 2, 8, 10-12, Kim teaches a polymer having an acid value of 30 to 300 mg KOH /g and having a weight average molecular weight of 5,000 to 50,000, said polymer being formed from a plurality of ethylenically unsaturated monomers (reads on a vinyl-based polymer) ([0006]-[0018], Examples).
In an embodiment, Kim teaches a photosensitive resin composition comprising a binder resin comprising a polymer having an acid value of 30 to 300 mg KOH /g and having a weight average molecular weight of 5,000 to 50,000, a polymerizable compound having an ethylenically unsaturated bond, and a photoinitiator (reads on a curable composition) ([0036]-[0049], ref. claims, Examples).
Disclosed polymers in the Examples are formed from unsaturated monomers in the presence of a chain transfer agent. For instance, Example 1 is formed from benzyl methacrylate, N-phenyl maleimide, styrene, methacrylic acid and adamantyl methacrylate, in the presence of 3-mercaptopropionic acid as a chain transfer agent, and has a Mw of 21,000 and an acid value of 100 mg KOH/g.
Kim is silent on a polymer having a terminal structure derived from one or more of 3-20 to 20-mer of a (meth)acrylic monomer 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.
The secondary reference to Sakuma teaches a chain transfer agent comprising n-meric methacrylate having specific terminal double bond of the following structure:
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214
538
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wherein n is an integer of ≥3; and R is a ≥6C cyclic hydrocarbon group (Overview). Sakuma teaches that the chain transfer agent is capable of efficiently adjusting the molecular weight of a polymer or a copolymer, without causing undesirable initiator-derived groups at the polymer ends and an increase in the cost accompanying an increase in the addition amount, in addition to the peculiar odor or reduced light resistance of (alkyl)thio groups at the polymer terminals.
In the alternative, recognizing that stoichiometric addition of thiol-containing chain transfer agents can be less durable than desired, in addition to having odor problems, the secondary reference to Berge teaches ω-unsaturated macromonomer as a chain transfer agent, having improved durability and weather resistance, lower polymerization temperatures etc., and capable of providing for crosslinkable polymers (Overview, [0001]-[0014], [0073]. Disclosed ω-unsaturated macromonomer is of the following formula:
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236
534
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wherein, n is 2-100, preferably of DP 2 to 20, X1 may be -COOR, wherein R may be an alkyl of 1-12 carbon atoms for example [0020], e.g., a vinyl terminated polymethyl methacrylate with DP-10.5 (Mn=1050) [0020], [0084].
In view of the advantages of the chain transfer agents taught in Sakuma and Berge references, and given the teaching in Kim of suitable polymers for forming photosensitive resin compositions, 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 Kim’s polymers or a curable composition thereof, in the presence of chain transfer agents as taught in Sakuma and Berge references.
Regarding claims 3-7,disclosed polymers of Examples 1 and 2 are derived from a monomer mixture comprising N-decyl methacrylate or n-octyl methacrylate (read on (meth)acrylic monomer/(meth)acrylic acid alkyl ester), styrene (reads on vinyl monomer having an aromatic ring), and methacrylic acid (read on vinyl-based monomer having an acid group).
Claims 1-8, 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Minatobe et al. (JP 2015-067699 A, machine translation), in view of either Sakuma et al. (JP2006-176587 A, machine translation) or Berge et al. (JP 11-124402 A, machine translation).
Regarding claims 1, 2, 4, 8, 10-12, Minatobe teaches a curable resin composition comprising an alkali-soluble resin and a multifunctional compound having 2 or more functionality (Overview), wherein said alkali soluble resin has an acid value of 20 mg KOH/g or more and less than 300 mg KOH/g [0020], a weight average molecular weight of 2,000 to 250,000 [0022], and formed form a monomer containing a polymerizable double bond having an acid group and plurality of copolymerizable monomers having double bonds [0025]-[0039].
The alkali soluble resin of Synthesis Example A-1 is formed form a plurality of monomers, and has an acid value of 65 and an Mw of 11800 (Table 1), and Example 1 is drawn to forming a curable composition thereof, by adding dipentaerythritol hexaacrylate (reads on compound having a polymerizable double bond, claim 10). Thus, the disclosed alkali-soluble resin reads on a vinyl-based resin, and has an overlapping acid value range and weight average molecular weight range with those of claims 1 and 8.
Minatobe teaches chain transfer agents to control molecular weight and suppress gelation, such as mercaptocarboxylic acids and alkyl mercaptans [0051]-[0052].
Minatobe is silent on a polymer having a terminal structure derived from one or more of 3-20 to 20-mer of a (meth)acrylic monomer as in the claimed invention.
As discussed in paragraph 7 above, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
The discussions on Sakuma and Berge from paragraphs 8 and 9 above are incorporated herein by reference.
In view of the advantages of the chain transfer agents taught in Sakuma and Berge references, and given the teaching in Minatobe of suitable alkali-soluble resins for forming photosensitive resin compositions, 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 Minatobe’s alkali-soluble resin, or a curable composition thereof, in the presence of chain transfer agents as taught in Sakuma and Berge references.
Regarding claims 3, 5, 6 and 7, disclosed monomers for forming the alkali-soluble resin include one or more of alkyl(meth)acrylates, e.g., methyl (meth)acrylate, ethyl (meth)acrylate, propyl (meth)acrylate, butyl (meth)acrylate etc. (read on (meth)acrylic monomer/(meth)acrylic acid alkyl ester) [0036]-[0037] and styrene (reads on vinyl monomer having an aromatic ring) [0039].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over either (1) Kim et al. (US 2013/0030077 A1) in view of either Sakuma et al. (JP2006-176587 A, machine translation) or Berge et al. (JP 11-124402 A, machine translation) and further in view of Hoshiba et al. (JP06-080711A, machine translation), or alternatively, over (2) Minatobe et al. (JP 2015-067699 A, machine translation), in view of either Sakuma et al. (JP2006-176587 A, machine translation) or Berge et al. (JP 11-124402 A, machine translation), and further in view of Hoshiba et al. (JP06-080711A, machine translation).
The discussions on Kim, Minatobe, Sakuma and Berge as applied to claim 1 are incorporated herein by reference.
Kim-Sakuma/Berge and Minatobe-Sakuma/Berge combinations are silent on a polymer of claimed particle size.
As discussed in paragraph 7 above, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
The secondary reference to Hoshiba teaches a spherical polymer by aq. suspension polymerization of a vinyl compound containing acrylic acid and methacrylic acid, wherein said method provides for uniform quality spherical polymers, such as spherical polymer having a particle diameter of about 100 microns, having less impurities without aggregation and gelation of the polymer (Novelty and Advantage sections).
In light of the advantages taught in Hoshiba, it would have been obvious to prepare Kim’s polymers or Minatobe’s resins, as modified by Sakuma or Berge, by suspension polymerization method to provide for spherical particles, including those having a particle size within the scope of the claimed invention.
Conclusion
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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