CTNF 18/239,301 CTNF 82976 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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 non-obviousness. Claims 1-5 and 8-15 is/are rejected under 35 U.S.C. 103 as being obvious over Choi (US 2015/0192699). The applied reference (Choi) has a common applicant 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). However, the Examiner points out that the applied reference (Choi) also constitutes prior art under 35 U.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. Choi is directed to a photosensitive resin composition and color filter using the same. Choi discloses the photosensitive resin composition can have high luminance, and excellent color characteristics and heat resistance, and thus may be used in a color filter. (Para, 0023). Choi discloses the photosensitive resin composition according to one embodiment includes (A) an acrylic-based binder resin, (B) a photopolymerizable monomer, (C) a photopolymerization initiator, (D) a colorant, and (E) a solvent. (Para, 0031). These disclosures teach and/or suggest the limitation of claim 1, ‘A photosensitive resin composition, comprising: a colorant; a photopolymerizable compound; a photopolymerization initiator; a binder resin; and a solvent…’ and the limitation of claim 10. Choi discloses the colorant (D) includes a dye represented by the following Chemical Formula 1, and thus, the photosensitive resin composition including the dye may improve luminance, furthermore, enhance heat resistance and thus, realize excellent processing characteristics. (Para, 0032). Choi discloses In the above Chemical Formula 1, M is Cu, Co, Al, Zn, Ni, Pt, or Cr, and R1 to R16 are the same or different and are each independently hydrogen, halogen, a carboxyl group, a hydroxy group, a substituted or unsubstituted C1 to C20 alkyl, substituted or unsubstituted C1 to C20 alkoxy, substituted or unsubstituted C3 to C20 cycloalkyl, substituted or unsubstituted C6 to C20 aryl, a substituted or unsubstituted C2 to C20 heterocyclic group, a sulfonyl group represented by the following Chemical Formula 2, or a sulfonyl group represented by the following Chemical Formula 3, with the proviso that at least one of R1 to R4, one of R5 to R8, at least one of R9 to R12 and at least one of R13 to R16 are independently a sulfonyl group represented by the following Chemical Formula 2 or a sulfonyl group represented by the following Chemical Formula 3. (Para, 0034-0035). Choi also discloses in Chemical Formula 2 and Chemical Formula 3, R17 and R18 are the same or different and are each independently substituted or unsubstituted C1 to C20 alkyl. (Para, 0036). Choi explains when the dye is in a solution state, the dye has no particle or a very small particle having a primary particle diameter of about 1 nm to about 10 nm unlike the pigment having a particle and thus, may have excellent dissolubility for a solvent and high durability. (Para, 0041). Choi further explains, when the dye has a smaller particle diameter than that of the pigment, light scattering is decreased, and as a result, a contrast ratio and luminance may be improved. (Para, 0041). Choi discloses the dye having the above characteristics may realize high luminance and a high contrast ratio in a desired color coordinate and may be usefully used for a LCD (Liquid Crystal Display) color filter using a cold cathode fluorescent lamp (CCFL) or a light emitting diode (LED) as a backlight. (Para, 0042). Choi discloses the dye may be a blue dye, for example a phthalocyanine-based blue dye and when the photosensitive resin composition includes a blue dye, for example a phthalocyanine-based blue dye along with a pigment, transmittance and a contrast ratio may be improved. (Para, 0043). Choi discloses the photosensitive resin composition may further include a green dye besides the blue dye such as octa (1,4,7,10-tetraoxaundecyl) Cu phthalocyanine, octa (1,4,7,10-tetraoxaundecyl) Co phthalocyanine, octa (1,4,7,10-tetraoxaundecyl) Al phthalocyanine, octa (1,4,7,10-tetraoxaundecyl) Zn phthalocyanine, octa (1,4,7,10-tetraoxaundecyl) Ni phthalocyanine, octa (1,4,7,10-tetraoxaundecyl) Pt phthalocyanine, octa (1,4,7,10-tetraoxaundecyl) Cr phthalocyanine, and the like, and combinations thereof. (Para, 0044). Choi discloses the photosensitive resin composition may include the dye in an amount of about 3 wt % to about 15 wt %, for example about 5 wt % to about 10 wt %, based on 100 wt % of the photosensitive resin composition and in some embodiments, the photosensitive resin composition may include the dye in an amount of about 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, or 15 wt %. (Para, 0045). Choi explains when the dye is included in an amount of less than about 3 wt % based on 100 wt % of the composition, color characteristics may be remarkably deteriorated, while when the dye is included in an amount of greater than about 15 wt % based on 100 wt % of the composition, a problem of precipitating the dye and deteriorating heat resistance after baking and the like may occur. (Para, 0046). Choi also discloses the colorant may further include a pigment including without limitation red pigments, yellow pigments, blue pigments, green pigments, and the like, and combinations thereof. (Para, 0049). This disclosure teaches and/or suggests the limitation of claim 1, ‘ A photosensitive resin composition, comprising: …wherein the colorant includes a first pigment and a second pigment…’ and the limitation of claim 3. Choi discloses the red pigment may be a compound having at least one azo group including without limitation C.I. pigment red 254, C.I. pigment red 242, C.I. pigment red 214, C.I. pigment red 221, C.I. pigment red 166, C.I. pigment red 220, C.I. pigment red 248, C.I. pigment red 262, and the like in a color index, and may be used singularly or as a mixture of two or more. (Para, 0040). Choi discloses examples of the yellow pigment may include without limitation C.I. pigment yellow 139, C.I. pigment yellow 138, C.I. pigment yellow 150, and the like in a color index, and may be used singularly or as a mixture of two or more. (Para, 0051). Choi discloses the blue pigment may be a copper phthalocyanine-based blue pigment and examples of the blue pigment may include without limitation C.I. blue pigment (Color Index Pigment Blue) 15, 15:3, 15:4, 15:6, 60, and the like as a compound classified as a pigment in a color index, and may be used singularly or as a mixture of two or more. (Para, 0052). Choi discloses the green pigment may be a halogenated phthalocyanine-based green pigment including without limitation C.I. green pigment (Color Index Pigment Green) 7, 36, 58, and the like as a compound classified as a pigment in the color index, and may be used singularly or as a mixture of two or more. (Para, 0053). Choi explains the pigment may be itself added to the photosensitive resin composition according to one embodiment or added thereinto as a pigment dispersion including a dispersing agent, a solvent, and the like. (Para, 0054). These disclosures and the disclosures of Choi as discussed above teach and/or suggest the limitation of claims 4-5. Choi also discloses the pigment may have a particle diameter determined by considering dispersion stability, a pixel resolution, and the like, for example, an average particle diameter ranging from about 30 nm to about 200 nm. (Para, 0057). Based on the disclosures of Choi as discussed above that the colorant includes multiple pigments and this disclosure regarding particle size, one of ordinary skill in the art would reasonably understand that pigment diameter would be optimized to achieve desired properties in the resin composition. Therefore, these disclosures and the disclosures of Choi as discussed above contemplate the limitation of claim 1, ‘ A photosensitive resin composition, comprising: …and a D50 particle diameter ratio of the first pigment and the second pigment is about 1.01:1 to about 1.5:1.’ Moreover, these disclosures and the disclosures of Choi as discussed above contemplate the limitation of claim 2. Choi discloses the photosensitive resin composition may include the pigment in an amount of about 10 wt % to about 40 wt %, for example, about 10 wt % to about 30 wt %, based on 100 wt % of the photosensitive resin composition and in some embodiments, the photosensitive resin composition may include the pigment in an amount of about 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, or 40 wt %. (Para, 0059). Choi explains when the pigment is used in an amount within the above range, color reproducibility, formative properties of a pattern, close-contacting properties, curing characteristics, and the like may be excellent. (Para, 0059). These disclosures teach and/or suggest the limitation of claim 9. Choi discloses the pigment and the dye may be mixed in a weight ratio of about 5:5 to about 9.9:0.1, for example, about 6:4 to about 9:1. (Para, 0060).This disclosure teaches and/or suggests the limitation of claim 8. Choi explains when the pigment and the dye are used in amounts within the above weight ratio range, a high contrast ratio may not only be obtained but color characteristics can also be maintained. (Para, 0060). Choi discloses the photosensitive resin composition may include the colorant in an amount of about 3 wt % to about 55 wt % based on 100 wt % of the photosensitive resin composition and in some embodiments, the photosensitive resin composition may include the colorant in an amount of about 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, or 55 wt %. (Para, 0060). This disclosure teaches and/or suggests the limitation of claim 11, ‘ The photosensitive resin composition as claimed in claim 1, wherein the photosensitive resin composition includes: about 30 wt% to about 70 wt% of the colorant…’ Choi discloses the photosensitive resin composition may include the acrylic-based binder resin in an amount of about 1 wt % to about 40 wt %, for example about 1 wt % to about 20 wt %, based on the total amount (total weight, 100 wt %) of the photosensitive resin composition. (Para, 0071). Choi explains in some embodiments, the photosensitive resin composition may include the acrylic-based binder resin in an amount of about 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, or 40 wt %. These disclosures teach and/or suggest the limitation of claim 11, ‘ The photosensitive resin composition as claimed in claim 1, wherein the photosensitive resin composition includes: …about 1 wt% to about 20 wt% of the binder resin; and the solvent, all wt% being based on a total weight of the photosensitive resin composition.’ Choi discloses the photosensitive resin composition may include the photopolymerizable monomer in an amount of about 1 wt % to about 30 wt %, for example about 5 wt % to about 10 wt %, based on the total amount (total weight, 100 wt %) of the photosensitive resin composition. (Para, 0079). Choi discloses in some embodiments, the photosensitive resin composition may include the photopolymerizable monomer in an amount of about 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, or 30 wt %. (Para, 0079). These disclosures teach and/or suggest the limitation of claim 11, ‘ The photosensitive resin composition as claimed in claim 1, wherein the photosensitive resin composition includes: …about 1 wt% to about 20 wt% of the photopolymerizable compound…’ Choi discloses the photosensitive resin composition may include the photopolymerization initiator in an amount of about 0.1 wt % to about 10 wt %, for example about 0.1 wt % to about 5 wt %, based on the total amount (total weight, 100 wt %) of the photosensitive resin composition. (Para, 0090). Choi explains in some embodiments, the photosensitive resin composition may include the photopolymerization initiator in an amount of about 0.1, 0.2, 0.3, 0.4, 0.5, 0.6, 0.7, 0.8, 0.9, 1, 2, 3, 4, 5, 6, 7, 8, 9, or 10 wt %. These disclosures teach and/or suggest the limitation of claim 11, ‘ The photosensitive resin composition as claimed in claim 1, wherein the photosensitive resin composition includes: …about 0.1 wt% to about 5 wt% of the photopolymerization initiator...’ Choi discloses the solvent is used in a balance amount, for example about 40 wt % to about 70 wt % based on the total amount (total weight, 100 wt %) of the photosensitive resin composition and in some embodiments, the photosensitive resin composition may include the solvent in an amount of about 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, or 70 wt %. (Para, 0096). Choi discloses the photosensitive resin composition may further include one or more other additives such as but not limited to malonic acid; 3-amino-1,2-propanediol; a coupling agent including a vinyl group or a (meth)acryloxy group; a leveling agent; a surfactant such as a fluorine-based surfactant; and/or a radical polymerization initiator, in order to prevent stains or spots during the coating, to adjust leveling, and/or to prevent pattern residue due to non-development. (Para, 0099). This disclosure teaches and/or suggests the limitation of claim 12. Choi also discloses how this photosensitive resin composition can be used. Choi discloses it can be used manufacture a color filter, where the photosensitive resin composition can be coated to form an about 0.5 µm to about 10µm-thick resin composition layer on a glass substrate in an appropriate method such as spin coating, roller coating, spray coating, and the like. (Para, 0107-0109). These disclosures teach and/or suggest the limitation of claims 13-14. Choi also discloses that color filters can be used for liquid crystal displays (LCDs), optical filters for cameras, and the like. (Para, 0003). This disclosure teaches and/or suggests the limitation of claim 15. While, the recitations of claims 1-5 and 8-15 are not exactly and/or identically disclosed by Choi, one of ordinary skill in the art would have a reasonable expectation of successfully forming a photosensitive resin composition that is usable to form devices such as color filter and other devices which incorporate a color filter, where the photosensitive resin composition has high luminance, excellent color characteristics and heat resistance, and would be advantageous so that desired resin film for patterning is formulated and a desired pattern using this film is formed. 07-22-aia AIA Claim (s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi as applied to claim s 1-5 and 8-15 in paragraph 4 above, and further in view of Jung (US 2014/0178815) . The disclosures of Choi as discussed above fail to teach and/or suggest the limitation of claim 6, ‘ The photosensitive resin composition as claimed in claim 3, wherein: the second pigment includes a carbazole dioxazine violet pigment represented by Chemical Formula 2, a perylene violet pigment represented by Chemical Formula 3, or a mixture thereof…’ However, the disclosures of Choi further in view of the disclosures of Jung provide such teachings. Jung is directed to a photosensitive resin composition, similar to the composition of Choi, which is used in a display device. (Para, 0003). Jung discloses the composition includes (A) a colorant including a blue material including a dye represented by the following Chemical Formula 1, and a red material; (B) a binder resin; (C) a photopolymerizable monomer; (D) a photopolymerization initiator; and (E) a solvent. (Para, 0007). Jung discloses the blue material may further include a violet pigment and the red material may include a dye, a pigment, or a combination thereof. (Para, 0018-0019). Jung discloses the red material may include a perylene-based pigment, an anthraquinone-based pigment, a dianthraquinone-based pigment, an azo-based pigment, a diazo-based pigment, a quinacridone-based pigment, an anthracene-based pigment, or a combination thereof. (Para, 0020). Jung discloses the colorant may include the blue material and the red material in a weight ratio of about 10:90 to about 90:10. (Para, 0021). Jung discloses the colorant may further include a green material where the green material may include a dye, a pigment, or a combination thereof and it may include a halogenated phthalocyanine-based pigment. (Para, 0022-0024). Jung discloses the blue material may include a violet pigment as well as the dye represented by Chemical Formula with examples of the violet pigment may include without limitation dioxazine violet, first violet B, methyl violet, indanthrene brilliant violet, and the like, and combinations thereof. (Para, 0052-0053). Jung also discloses the red material may include a dye, a pigment, or a combination thereof with examples of the red material may include without limitation perylene-based pigments, anthraquinone-based pigments, dianthraquinone-based pigments, azo-based pigments, diazo-based pigments, quinacridone-based pigments, anthracene-based pigments, and the like, and combinations thereof. (Para, 0054). Jung discloses in exemplary embodiments, the red material may include without limitation perylene pigments, quinacridone pigments, naphthol AS, sicomin pigments, anthraquinones (sudan I, II, Ill, R), dianthraquinonylates, bis azos, benzopyrane and the like, and combinations thereof. (Para, 0054). The disclosures of Choi further in view of these disclosures of Jung teach and/or suggest the limitation of claims 6-7. It would have been obvious to one of ordinary skill in the art at the time of filing of the present application by Applicant to modify the disclosures of Choi further in view of the disclosures of Jung because both are directed to analogous photosensitive resin compositions and one of ordinary skill in the art would have a reasonable expectation of successfully formulating a photosensitive resin composition which has excellent pattern forming capability and enhance the characteristics of the resin composition disclosed in Choi. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALEEN O SULLIVAN whose telephone number is (571)272-6569. The examiner can normally be reached Mon-Fri: 7:30 am-4:00 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dale Page can be reached at 571-270-7877 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CALEEN O SULLIVAN/Primary Examiner, Art Unit 2899 Application/Control Number: 18/239,301 Page 2 Art Unit: 2899 Application/Control Number: 18/239,301 Page 3 Art Unit: 2899 Application/Control Number: 18/239,301 Page 4 Art Unit: 2899 Application/Control Number: 18/239,301 Page 5 Art Unit: 2899 Application/Control Number: 18/239,301 Page 6 Art Unit: 2899 Application/Control Number: 18/239,301 Page 7 Art Unit: 2899 Application/Control Number: 18/239,301 Page 8 Art Unit: 2899 Application/Control Number: 18/239,301 Page 9 Art Unit: 2899 Application/Control Number: 18/239,301 Page 10 Art Unit: 2899 Application/Control Number: 18/239,301 Page 11 Art Unit: 2899