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. Information Disclosure Statement The information disclosure statements (IDS) submitted on FILLIN "Enter date IDS was filed" \* MERGEFORMAT 10/25/2023 and 09/05/2024 are being considered by the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim s 8 , 9 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 8 recites the limitation " the flexographic printing raw plate according to claim 1, wherein the emulsion compound (A) comprises a polyester emulsion . ". There is insufficient antecedent basis for this limitation in the claim as claim 1 does not recite an emulsion compound. Claim 9 is dependent from claim 8. Claim 12 recites the limitation "…wherein a ratio of the emulsion compound (A) to the emulsion compound (B) is 1.0 or more and 2.3 or less". There is insufficient antecedent basis for this limitation in the claim as claim 10 does not recite an emulsion compound (A). Claim 12 is dependent from claim 10 which is dependent from claim 1 – claim 1 does not recite an emulsion compound (A) either. For the purposes of examination, claim 12 will be considered as if this antecedent basis was not an issue – as if claims 10 and 12 were dependent from claim 5. Appropriate correction is required to correct the dependency. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. FILLIN "Insert the claim numbers which are under rejection." \d "[ 1 ]" Claims 1-4 and 15-1 6 is/are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(1) and (a)(2) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by FILLIN "Insert the prior art relied upon." \d "[ 4 ]" Tabata et al (US 2020/0150533 A1, published 05/14/2020) . As a matter of claim interpretation, the instant claims use “comprising” language, and as such do not exclude additional unrecited layers, steps, and/or components. It is also pointed out that while the specification may provide guidance as to the meaning of terms and limitations, the claims – and their breadth or narrowness – are what determine patentability, not the specification. It is improper to import limitations from the specification into the claims when the scope of the claims is greater than that of the specification. Regarding Claim s 1 -4 and 15-17 , Tabata discloses a photosensitive resin structure for a printing plate containing a support (A). a photosensitive resin composition layer (B) comprising further components (B-1)-(B-3), a non-infrared-shielding layer comprising a polymer and an infrared ray absorber (Abstract), and an intermediate layer (E) . In the disclosure, the non-infrared-shielding layer is explicitly recited to be laser ablated with IR radiation ([0360]-[0366] and [0455]) and as such constitutes an infrared ablation layer. In the experimental examples, a photosensitive resin composition and corresponding structure is prepared as described from [0381]-[0396], where the structure has a PET support film with an underlayer disposed thereupon. The photosensitive resin composition comprises an SB block copolymer, three polybutadiene copolymer embodiments, two photoinitiators , a diacrylate monomer, and a stabilizer (Table 1). Separately, an infrared-absorbing/non-infrared-shielding layer comprising several copolymers and carbon black (Tables 2 and 3) was prepared. The non-infrared-shielding composition was dissolved in solvent and then coated onto a PET sheet so as to prepare a film (See 427]-[0428]). An intermediate layer was prepared as per Examples 13-14 and/or Examples 15-18, where 13-14 comprise a polyamide resin C, and 15-18 comprise a mixture of three polyamides and a polyurethane (See Table 4). The intermediate layers of 13-18 were disposed onto a film comprising the non-infrared-shielding layer described regarding Example 1. The intermediate layer is described as having a thickness of 3 or 5 microns ( [0440] and [0450] - claim 15) . The PET films comprising 1) the underlayer and the photosensitive composition layer and separately 2) the intermediate layer and the non-infrared-shielding layer were hot-molded together so that the intermediate layer was brought into contact with the photosensitive layer. After, for processing, the PET film was stripped off the non-infrared-shielding layer. The manufacturing method of Tabata is described in the examples from [0453]-[0461], wherein the polyester film contacting the non-infrared- shielding layer is stripped off, the assembly is loaded onto a drum with the non-infrared-shielding (IR ablative) layer on the outside. Laser drawing was performed on the non-infrared-shielding layer using a laser to ablate the layer in a desired pattern. A back exposure through the underside of the assembly using an UV lamp was performed (support-side). After, a UV exposure was performed from the side of the ablated non-infrared-shielding layer using an upper side UV lamp – exposing the photosensitive layer through the pattern (the negative) in the ablated non-infrared-shielding layer. Development was performed using 3-methoxybutyl acetate developer and drying was performed after. A post-exposure treatment was performed using a germicidal (UV) lamp after drying (claim 16). Regarding the limitations concerning a tensile-stress-strain curve diagram and the elongation at break, elongation at maximized stress, and maximum stress value – these are properties of the claimed intermediate layer. There are no component limitations in the instant claim, no chemical identifiers or functionalities to describe the intermediate layer in claim 1 . The intermediate layer has been found in the art – the reference recites an intermediate layer. As such, all properties ascribed in the claim to the intermediate layer are inherent. Properties are emergent from structure – when the claimed structure has been found, the properties ascribed to that structure in the claim are also found (See MPEP 2112.II, 2112.V, and 2112.02 .I and II – when the structure reflected in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent). Claims 2-4 also rely on an intermediate layer having no distinguishing chemical features or functionalities – the prior art discloses an embodiment using an intermediate layer and as such these properties are considered inherent to the intermediate layer by nature of it being an intermediate layer as is claimed . 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 . FILLIN "Insert the claim numbers which are under rejection." \d "[ 1 ]" Claim 1-4, 8-9, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyooka et al (WO 2020175422 A1, published 03/09/2020 – US 202200 8 2940 A1 used in lieu of translation) Regarding Claim 1 -4 and 15-16 , Toyooka discloses a flexographic printing plate comprising a support, photosensitive resin composition layer, infrared ablation layer, and cover film, wherein the infrared ablation layer comprises an infrared absorber, dispersant, and binder polymer (Abstract). Toyooka does not disclose a particular experimental embodiment that meets the limitations of the claims. These limitations are met by the general disclosure of the reference. The printing plate comprises a support described from [0058]-[0063], wherein the support may be a polyester film or other film mentioned in [0058]. An adhesive layer such as a polyurethane adhesive may be included wherein the layer also contains components such as plasticizers or thermal polymerization initiators. The photosensitive resin composition layer is described from [0064]-[0164], and contains a binder polymer, a photopolymerizable monomer, and an initiator, among other components. The infrared ablation layer is described from [0165]-[0255], comprising additives such as plasticizers, a binder polymer, an infrared ray absorber such as carbon black. The cover film is described in [0256]-[0257], where it may be a PET film or similar embodiment. An intermediate layer may also be present – one or more intermediate layers may be present between the photosensitive resin composition layer and the infrared ablation layer. The intermediate layer is an oxygen inhibitor and may be an adhesive layer. Materials used in the intermediate layer include polymers such as poly ethylene- vinyl alcohol , polyvinyl alcohol, polyvinyl chloride, isoprene rubber, polyethylene (See [0269]). A surfactant, UV absorber, pigment, and a water-dispersion latex may also be comprised – water-dispersion latexes are described as preferred embodiments, where the water -dispersion latex is prepared through an emulsion polymerization as described from [0273]-[0289]. The thickness of the intermediate layer is between 0.5 microns and 20 microns (claim 15). The reference ascribes improved pinhole formation resistance to the presence of at least one intermediate layer. The flexographic plate of the reference is manufactured as per [0341]-[0372], where the stack of the support, photosensitive layer, intermediate layer, and infrared ablation layer are irradiated support-side with UV light, then irradiating the infrared ablation layer with IR light to pattern it in a lithography step, then irradiating the photosensitive composition through the patterned infrared ablation layer. Afterwards, the infrared ablation layer and unexposed portions of the photosensitive composition layer are removed by development. Development may be performed such as with an alkaline water solution or an organic solvent (claim 16). Regarding the limitations concerning a tensile-stress-strain curve diagram and the elongation at break, elongation at maximized stress, and maximum stress value – these are properties of the claimed intermediate layer. There are no component limitations in the instant claim, no chemical identifiers or functionalities to describe the intermediate layer in claim 1. The intermediate layer has been rendered obvious in the art – the reference recites an intermediate layer. As such, all properties ascribed in the claim to the intermediate layer are inherent. Properties are emergent from structure – when the claimed structure has been found, the properties ascribed to that structure in the claim are also found (See MPEP 2112.II, 2112.V, and 2112.02.I and II – when the structure reflected in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent). Claims 2-4 also rely on an intermediate layer having no distinguishing chemical features or functionalities – the prior art discloses an embodiment using an intermediate layer and as such these properties are considered inherent to the intermediate layer by nature of it being an intermediate layer as is claimed. A person having ordinary skill in the art would have found it obvious to arrive at the claimed invention prior to the filing date in view of the general disclosure of the reference and teachings therefrom to arrive at a printing plate having improved workability and pin hole resistance. Regarding Claim s 8 -9 , Toyooka discloses the limitations of the claim as described above regarding claim 1. Toyooka however fails to disclose a particular embodiment wherein an intermediate layer comprises polyester. This limitation is met by the general disclosure of the reference, wherein at least one of a polyester may be comprised in the intermediate layer , among other components ([0269]-[0289]). The polymer of the intermediate layer may be one produced from the copolymerization of an unsaturated monomer having a carboxyl group, where the monomer may be monobasic or dibasic acid monomers such as citraconic acid and vinylbenzoic acid, as well as monomers including a sulfonic acid group and salts thereof ([0275]-[0282] ). Not specifically mentioned is an aromatic dibasic acid (polyvalent aromatic carboxylic acid). The reference recites phthalate esters at multiple occasions – a person having ordinary skill in the art would recognize that esters are functionalized acid embodiments and a phthalic acid embodiment is a dibasic acid. The copolymer of the intermediate layer is ascribed to improve the oxygen resistance of the plate – oxygen interferes with radical generation during exposure and as such the presence of the intermediate layer and copolymer helps improve the processability of the plate precursor. A person having ordinary skill in the art would have found it obvious to arrive at the claimed invention prior to the filing date in view of the general disclosure of the reference and teachings therefrom to arrive at a printing plate having improved workability and oxygen resistance Claim(s) 5-7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Toyooka et al (WO 2020175422 A1, published 03/09/2020 – US 202200 8 2940 A1 used in lieu of translation) as applied to claim 1 above and further in view of Hara et al (US 20180305537 as evidenced by a technical disclosure from Goo Chemical Co. Regarding claims 5 -7 , Toyooka discloses the limitations of the claim as discussed above regarding claim 1. Toyooka however does not disclose a specific experimental example wherein an emulsion compound is present in 10-95% by mass of the total intermediate layer and has a glass transition temperature of greater than 30 degrees Celsius . This limitation is met by Hara . Hara discloses a resin composition and an optical film made therefrom, wherein the resin composition comprises a polyvinyl alcohol and a polyester. The polyester according of the resin composition is one of an emulsion or dispersion comprising a polymer having at least one of a carboxyl group and a carboxyl group as a substituent, wherein the acid value of the polyester is 15-250 mg KOH/g ([0020]-[035], wherein the molecular weight of the polyester ranges from 500 to 30,000. Hara ascribes improved antiscraping (anti-scratch) properties to the film composition when the Tg is in the disclosed range. Additional components such as silanes and isocyanates may be included, as well as initiators, crosslinking agents (claim 14, see [0037]), sensitizers, and UV absorbers. In the experimental examples, the composition of Example 4 is 10% B-4 and 90% PVE, where PVA is a blended polyvinyl alcohol and B-4 is a polyester emulsion PLAS COAT Z-730 (also used by the instant Specification at [0290], [0298], [0299], and [0303]-[0330]). The composition is made up of 10% by weight the polyester emulsion (claim 5) . As per a technical disclosure by Goo Chemicals, the Tg of PLAS COAT Z730 is 46 degrees Celsius (claim 5) , the acid value ranges from 40-60 mgKOH /g (claim 6), and the molecular weight is approximately 3,000 (claim 7) (See attached Technically Disclosure, included with this office action) . The composition is contemplated for the use in optical materials such as printed boards, optical laminated plates, molding materials, protective films, interlayer insulating films, and lenses, wherein the composition is coated onto a surface such as a plastic or glass ([0048]). As such, this disclosure is considered analogous art to the claimed invention and the disclosure of Toyooka . The instant invention is similarly concerned with layered products having optical properties (light sensitivity, for instance), resists, laminated plates (See Instant Specification [0252]-[256], [0293]-[0294], wherein lamination steps are particularly pointed out in the making of printing plates ) and in protective layers. The composition may be applied to a substrate by way of printing or coating means ([0046]). The optical film is prepared by exposing the composition to light having peak wavelengths in the 350-400nm (UV) range (see [0051]). Toyooka discloses that the intermediate film may comprise a polyvinyl alcohol at [0269], as well as a polyester. The polymers may be used singly or in combination. A person having ordinary skill in the art would have found it obvious to consider the substitution or incorporation of the film composition of Hara, which also teaches a polyvinyl alcohol and polyester, into the composition of Toyooka to arrive at an intermediate film having improved scratch resistance and durability. Claim(s) 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Toyooka et al (WO 2020175422 A1, published 03/09/2020 – US 2022002940 A1 used in lieu of translation) as applied to claim 1 above and further as evidenced by a technical disclosure from DKS Co. Regarding Claims 10 and 11 , Toyooka discloses the limitations of the claim as described above regarding claim 1. Toyooka however fails to disclose a particular embodiment wherein an intermediate layer comprises an emulsion compound (B) present in 10% to 70% by mass based on the total amount of the intermediate layer, where the compound has a glass transition temperature of 10 degrees Celsius or lower. Toyooka discloses at length from [0292]-[0327] that a polyurethane component may be included in the composition of the intermediate layer, wherein the polyurethane is present in an amount ranging from 10% to 70% by mass of the total amount of the intermediate layer composition. The reference also calls out specific polyurethane SUPERFLEX 300 (DKS – see attached product sheet, page 4) which has a glass transition temperature of -42 degrees Celsius. Toyooka ascribes improved flexibility of the printing raw plate during manufacturing to the presence of the discussed polyurethanes. Elsewhere, the reference discusses styrene butadiene latexes polybutadiene latexes, and acrylonitrile-butadiene latexes ([0273]). A person having ordinary skill in the art would have considered it obvious to arrive at the claimed invention prior to the filing date from the general disclosure of the reference and taught embodiments therefrom – incorporating a polyurethane or another resin. Regarding claim 12 , Toyooka meets the limitations of the claim as discussed above regarding claim 10. Toyooka does not explicitly recite a ratio of components of the intermediate layer relative to one another. However, the mass% ranges of the components are given, and a ratio can be calculated. The component polyurethane when present is in 10 to 75% of the mass of the composition. The water dispersion latex such as a polyester or polyvinyl alcohol or other polymer described from [0269]-[0283] is present from 3% to 90%. The ratio of these values ( WD)/(PU) ranges from 3/75 to 90/10, or 0.04 to 9, overlapping the claimed range. A person having ordinary skill in the art would have found it obvious to arrive at the claimed invention from the general disclosure of the reference to arrive at a printing plate precursor and compositions therefor having improved processability and oxygen resistance imparted by the intermediate layer composition. Claim(s) 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Toyooka et al (WO 2020175422 A1, published 03/09/2020 – US 202200 8 2940 A1 used in lieu of translation) as applied to claim 1 above and further in view of Fujiki et al (WO 2020122001 - US 20220043352 used in lieu of translation) Regarding Claim 13 and 17 , Toyooka discloses the limitations of the claim as discussed above regarding claim 1. Toyooka however does not disclose a layered inorganic compound as part of the intermediate layer. This limitation is met by Fujiki . Fujiki discloses a Flexographic raw printing plate and a method for making such, wherein an intermediate layer is present alongside a support, photosensitive resin composition layer, and an infrared ablation layer. The intermediate layer of Fujiki is described from [0160]-[0222], wherein the layer comprises a hydrophilic resin, a layered inorganic compound such as mica or other compound described from [0184]-[0194], a water-dispersible latex, and a silicone compound. The layered inorganic compound is considered by the reference to exert a labyrinth effect and improve the oxygen blocking properties of the layer composition – a feature that the intermediate layer of Toyooka is also concerned with. In the experimental examples, actual printing evaluation was performed, using a flexographic printer and an OPP film used as an object to be printed using the produced plates (claim 17, see [0376]-[0378]). A person having ordinary skill in the art would have found it obvious to arrive at the claimed invention prior to the filing date by incorporating the mica or other layered inorganic compound of Fujiki into the composition of Toyooka to further enhance the oxygen-blocking properties thereof. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ANDREW PRESTON TRAYWICK whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2982 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday 8-5 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Mark Huff can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1385 . 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. /A.P.T./ Examiner, Art Unit 1737 /JONATHAN JOHNSON/ Supervisory Patent Examiner, Art Unit 1734