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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/18/2026 and 05/18/2026 are being considered by the examiner.
Response to Amendment
Applicant’s Amendment filed 03/06/2026 has been entered and is being considered. Claims 1 and 9 are amended.
Response to Arguments
Applicant’s Amendment has rectified issues raised in the claim objection made in the prior office action. The objection over claim 9 is withdrawn. Applicant’s Amendments, and arguments based thereon have changed the scope of the claims so as to render the grounds of rejection over 35 USC 103 as set forth in the prior office action moot. As such, the rejections set forth in the prior office action are withdrawn.
Applicant’s assertions of unexpected superior results are considered, but are not persuasive. While the examiner appreciates such analysis, assertions of superior unexpected results must be both practical and statistically relevant and also be commensurate with the scope of the claims.
Applicant points to a single set of comparative examples using a narrow set of three polymerizable monomers B and points to Comparative Example 3’s lack of performance due to using only an ethylenically unsaturated monomer without the inclusion of an epoxy monomer. While the Examiner does submit that the improvements in transmittance, curvature, developability, and temperature stability are of practical relevance, the claimed scope in claim 1 is much broader than the small subset of species represented by the B-1 through B-3 in the Specification at Table 1.
Claim 1 recites “an ethylenically unsaturated monomer” in regard to B2 – such a monomer could be methyl methacrylate or tris(4-vinylnapthyl bismuthane) and still meet the limitations of claim 1, though the properties of methyl methacrylate and a bismuthane organometallic complex are very different. Similarly, the scope of the formula limitations regarding epoxy monomer B1 are broader than is present in the Table 1.
The Examiner is not certain that these assertions of unexpected superior results would prove true and present for the entire claim scope and as such these assertions are not considered persuasive. If Applicant wishes to amend the scope of the claims to better reflect the scope of their data used assert unexpected results, they may do so at their leisure.
After further search and consideration the Examiner makes a new grounds of rejection. Applicant’s amendments to the claim necessitated the new grounds of rejection.
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.
Claim(s) 1-8 and 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kunimoto et al (US 20130308219 A1) and Morishita et al (JP 2007264377 A).
Regarding Claim 1-4, 6, and 10-14, Kunimoto discloses a polymerizable composition comprising at least one ethylenically unsaturated compound and at least one oxime sulfonate compound (Abstract), and cured products derived from the processing of the composition.
Kunimoto teaches an oxime sulfonate thermal acid generator conforming to a Formula I and subformulas A-C, described from [0027]-[0338] and [0339]-[0664], wherein the oxime sulfonates are used to polymerize ethylenically unsaturated compounds in the inventive compositions of the reference.
Ethylenically unsaturated compounds present in the reference include those taught at [0665]-[0691] and [0741]-[0764], such as methacrylic acid, C1-C19 methacrylic acid esters described at [0670], acrylic acid, maleic anhydride, acrylate esters, or ether-substituted methacrylates conforming to formula (A) at [0687]-[0690]. Additional acrylic compounds that may be included include dipentaerythritol tetramethacrylate and the corresponding penta and hexa-methacrylate esters (Claim 6, where dipentaerythritol tetra/penta/hexamethacrylate bear 4/5/6 functional groups)
Compositions as taught by the reference also include epoxy resins such as triglycidyl esters of aliphatic diols or amines, such as triglycidyl isocyanurate ([0728]):
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Triglycidyl isocyanurate meets the limitations of claimed (B1) where:
Claimed Z4-Z6 are each C1 alkylene
X1-X3 are each an epoxy group (claim 2, where X1-X3 are each a 3-membered epoxy ring, claim 3 – where the compound meets the limitation of Formula B-2 for where r1-r3 each = 1)
The reference teaches a photoinitiator (claimed (E)) from [0765]-[0768], wherein the photoinitiators include but are not limited to benzophenones, phosphine oxides, and bisimidazoles, including but not limited to aromatic phosphine oxides such as (2,4,6-trimethylbenzoyl) diphenylphosphine oxide (claim 12).
The reference teaches a solvent (Claimed (F)) may be used in the composition at [0830], such as ketones and esters such as but not limited to propylene glycol monomethyl ether acetate (claim 13).
Additional components such as colorants, photosensitizers, and surfactants are discussed from [0791]-[0821].
The composition(s) of Kunimoto are cured into products such as color filters, matrix layers. And other layers as per the procedures described from [0854]-[0885] (claim 16).
The compositions of the reference further comprise a binder polymer that is an alkaline developable or alkali-soluble resin (Claimed A), wherein the resin comprises monomers selected from those described at [0771]-[0790] such as in a methyl methacrylate, phenyl methacrylate, methacrylic acid, and acrylic acid (Claim 4 – where methacrylic acid and/or acrylic acid each meet the limitations of Formula (A-1) for where R1 is Me or H, and/or where the C1-C12 methacrylic acid esters at [0771] meet the limitations of Formula (A-4) where R3 is a C1-C12 alkyl group and R1 is Me).
However, the molecular weight of the alkali-soluble resin(s) is not stated ([0769]-[0790]). The composition also comprises a thermal acid generator in the oxime sulfonate and more than one thermal acid generator may be present ([0831]), but a hexafluoroonium salt embodiment is not specifically mentioned as a thermal acid generator.
These limitations are met by Morishita.
Morishita teaches a radiation-sensitive composition for forming colored layers, filters, and other optically active layer products (Technical field).
Morishita teaches a colored composition comprising a colorant as described from [0008]-[0017], further comprising a fluorine-based surfactant (claim 14), an alkali-soluble resin ([0022]-[0050], a polyfunctional monomer (C) ([0051]-[0059], and a photopolymerization initiator (D) ([0060]-[0085].
The alkali-soluble resins of Morishita are described from ([0022]-[0050], wherein the resins are preferably copolymers comprising subunits derived from unsaturated monomers such as methacrylic acid, tetrahydrofuranyl-substituted acrylic and methacrylic acid esters, vinylbenzene derivatives, methacrylate esters such as methyl/ethyl/isopropyl methacrylate, hydroxyesters of methacrylic acid, among others as described from [0022]-[0035].
The alkali soluble resins of the reference have molecular weights in the range of 2,000-300,000, and two or more embodiments of the copolymer may be used. When the copolymer is present in this molecular weight range, excellent developability and reduced scumming are obtained.
Additives such as organic amino acids, curing agents such as epoxy compounds, and thermal acid generators ([0086]-[0106]. Thermal acid generators include hexaofluoroonium salts such as hexafluorophosphates and hexafluoroantimonates as described from [0101]-[0103], including but not limited to p-chlorobenzyl-4-hydroxyphenylmethylsulfonium hexafluorophosphate (Claimed (D), claim 10 - where the thermal acid generator is a hexafluorophosphate salt). The thermal acid generator is present in an amount ranging from 0-15wt% of the solid content of the composition, where the solid content of the composition is 5-50wt% as per [0113] - the thermal acid generator is present in an amount ranging from 0 to 7.5wt% (7.5 parts per 100 parts) of the total amount of composition (claim 11). When using a curing aid such as the thermal acid generator (the hexafluorophosphate sulfonium salt), ring opening reactions such as those of epoxy groups are accelerated to improve cure times ([0099]).
A person would have found it obvious to arrive at the claimed invention prior to the filing date from the combined disclosures of Kunimoto and Morishita, using a hexafluorophosphate thermal acid generator and methacrylic acid ester resins having a molecular weight range as taught by Morishita to improve the curing processing and developability of the resultant composition.
Regarding Claim 5, Kunimoto and Morishita teach the limitations of the claims as discussed above regarding claim 1 and 4.
Kunimoto teaches compositions comprising a binder polymer that is an alkaline developable or alkali-soluble resin (Claimed A), wherein the resin comprises monomers selected from those described at [0771]-[0790] such as in a methyl methacrylate, phenyl methacrylate, methacrylic acid, acrylic acid, among others.
Kunimoto does not describe specific amounts for including respective monomers.
This limitation is met by Morishita, who also disclsoses alkali soluble resins as described from ([0022]-[0050], wherein the resins are preferably copolymers comprising subunits derived from unsaturated monomers such as methacrylic acid, tetrahydrofuranyl-substituted acrylic and methacrylic acid esters, vinylbenzene derivatives, methacrylate esters such as methyl/ethyl/isopropyl methacrylate, hydroxyesters of methacrylic acid, among others as described from [0022]-[0035]. The resins of Morishita comprise a methacrylic acid (b1), a maleimide subunit, a subunit (b3) comprising tetrahydrofurfuryl methacrylate and/or succinic acid, and at least one unsaturated compound (b4) selected from a methacrylate ester or styrene. The subunits having methacrylic acid esters and methacrylic acid are shared with the subunits of Kunimoto.
Units (b1) such as methacrylic acid are present in 1-40wt% of the copolymer resins. Units (b4) such as methyl methacrylate are present in 1 to 80wt% of the copolymer resin. These wt% inclusions correspond to subunits meeting the limitations of claimed Formulas (A-1) and (A-4), overlapping respectively with the claimed wt% of (A-1) and (A-4) at 2.7-16.5wt% and 0.8-20.0wt% respectively. The reference asserts that when these monomer are present in these ratios, excellent sensitivity and substrate adhesion can be obtained.
A person having ordinary skill in the art would have found it obvious to arrive at the claimed invention prior to the filing date from the combined disclosures of Kunimoto and Morishita by incorporating the methacrylic acid and methacrylic acid ester subunits of Kunimoto into the base resin in a wt% as taught by Morishita in order to arrive at excellent sensitivity and substrate adhesion in the resultant composition.
Regarding Claims 7 and 8, Kunimoto and Morishita teach the limitations of the claims as discussed above regarding claim 1.
However, Kunimoto and Morishita do not teach a particular experimental embodiment meeting the limitations of the claims.
These limitations are met by the general disclosure of Kunimoto. Kunimoto describes ethylenically unsaturated compounds including those taught at [0665]-[0691] and [0741]-[0764], such as methacrylic acid, C1-C19 methacrylic acid esters described at [0670], acrylic acid, maleic anhydride, acrylate esters, or ether-substituted methacrylates conforming to formula (A) at [0687]-[0690]. Additional acrylic compounds that may be included include pentaerythritol tetramethacrylate, trimethylolpropane trimethacrylate, and dipentaerythritol tetramethacrylate and the corresponding penta and hexa-methacrylate esters (Claim 6, where dipentaerythritol tetra/penta/hexamethacrylate bear 4/5/6 functional groups).
Specific examples are named at [0755]-[0764], such as trimethylolpropane trimethacrylate.
Trimethylolpropane trimethacrylate meets the limitations of the claims for where:
Claim 7, Formula B-4
Y1 is CR4
R4 is a C2 alkyl group
Subscript p is 3
Z1 is a C1 group
Claim 8, Formula B-6
R4 is a C2 alkyl group
Subscript q1-3 are 0
Claim 8, Formula B-7
R4 is a C2 alkyl group
Subscript q4-6 are 0
Trimethylolpropane trimethacrylate has an additional CH3 group on each acrylate (hence methacrylate) – however the reference discloses acrylates and methacrylates together and considers them alternatives to one another. This, and the chemical similarity of acrylate and methacrylate functionalities, would lead a person having ordinary skill in the art to consider the resultant properties and behavior similar (See MPEP 2144.09).
Regarding Claim 15, Kunimoto and Morishita teach the limitations of the claims as discussed above regarding claim 1.
Kunimoto discloses that the ethylenically unsaturated monomer (b) may be present in 0.01 to 50wt% based on the total weight of the composition (0691]), overlapping the claimed 6-30wt%.
Photoinitiators are present in 0.01 to 15wt% based on the total weight of the composition ([0704]), overlapping the claimed range of 0.3 to 3.3wt%.
Binder polymers/alkali soluble resins are present in the composition in an amount from 0.5 to 98wt% based on the total weight of the composition ([0706]), overlapping the claimed range of 13 to 50 wt%
However, Kunimoto does not teach a particular experimental embodiment meeting the limitations of the claims, as it does not describe how much of the composition is solvent and does not describe how much of an epoxy compound such as triglycidyl isocyanurate is used.
These limitations are met by Morishita.
Morishita disclsoses that the solvent may be present in 50 to 95% by weight of the composition ([0113]). This range is preferable for the purposes of coatability and stability of the composition.
Morishita discloses that triglycidyl isocyanurate may be present as a curing agent, and may be present in 0-30wt% of the solid content, or 0-15wt% of the total content of the composition. When present outside this range, the storage stability of the composition tends to decrease.
A person having ordinary skill in the art would have found it obvious to arrive at the claimed invention from the teachings of the references Kunimoto and Morishita, incorporating compositional components in the taught ranges with the expectation that the resultant composition would exhibit preferable storage stability and coatability during processing.
Regarding Claim 17, Kunimoto and Morishita teach the limitations of the claims as discussed above regarding claim 1.
However, Kunimoto does not teach a particular experimental embodiment meeting the limitations of the claims as the cured layers of Kunimoto do not have recited thicknesses.
This limitation is met by Morishita, who teaches a cured patterned layer generated from the taught composition may be between 0.1 to 10 microns after drying, overlapping the claimed range limitations at 5-10 microns.
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 teachings of the references by coating and curing the composition of Kinoshita and Morishita into a layer ranging from 5-10microns in thickness by applying art-recognized methods to the art-recognized composition to arrive at a predictable result in a cured layer having a desired thickness.
Regarding Claims 18 and 19, these claims delimit properties of the cured product of claims 1, 16, and 17. These claims have been found obvious as described above. Properties are emergent from structure and the structure – which is solely delimited in the claims discussed above – have been found obvious over the art. As the structure has been found, the properties associated with it must be present and obvious even if not explicitly referred to by the reference. See MPEP 2112.01.I and II.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kunimoto et al (US 20130308219 A1) and Morishita et al (JP 2007264377 A) as applied to claim 1 above, and further in view of Tadenuma et al (JP2015098537A).
Regarding Claim 9, Kunimoto and Morishita teach the limitations of the claims as discussed above regarding claim 1
Neither Kunimoto nor Morishita disclose an antioxidant compound meeting the limitations of the claim.
This limitation is met by Tadenuma.
Tadenuma discloses a resin composition and cured products derived therefrom, such as a color filter.
The composition of Tadenuma is discussed from [0010]-[0141], where the binder resin is discussed from [0067]-[0089] and may be a resin such as a methacrylic acid resin comprising methacrylic and/or derivatives thereof. The solvent is discussed from [0090]-[0097] and may be propylene glycol monomethyl ether acetate or a mixture thereof with other solvents. The composition comprises a polymerizable monomer such as one having an ethylenically unsaturated bond as described from [0098]-[0107] and a photoinitiator as described from [0108]-[0123]. A thermal polymerization initiator is also comprised in the composition as described in [0124].
An antioxidant compound is also comprised in the composition, discussed from [0010]-[0048], where exemplary compounds are presented in [0046]:
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The above compounds read upon the claimed formula of claim 9 for where:
R9 and R10 are each tBu groups
Subscript t is 2, or 4
Y2 is a carbon atom (t=4), or a sulfur atom and methylene group (t=2)
Tadenuma disclsoses that inclusion of the antioxidant compound can suppress decreases in luminance in a resultant color filter and increase in radical trapping activity . Kunimoto similarly discloses that a color filter embodiment may be produced from the composition described therein ([0791]).
A person of ordinary skill in the art would have found it obvious to arrive at the claimed invention by incorporation of the antioxidant(s) of Tadenuma into the composition of Kunimoto and Morishita to improve radical trapping and suppress the degradation of optical properties in color filters or other optical products produced from the composition.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW PRESTON TRAYWICK whose telephone number is (571)272-2982. The examiner can normally be reached Monday - Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally Merkling can be reached at 517-272-6297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.P.T./Examiner, Art Unit 1737
/SALLY A MERKLING/SPE, Art Unit 1738
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