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 Arguments
1. Applicant’s arguments, see page 12, line 24, filed 11 May 2026, with respect to the rejection
of Claims 1-6, 8-12, 15-17, and 20 under 35 U.S.C. 103 as being unpatentable over Kidnie (United States Patent Publication No. US 2014/0315129 A1), hereinafter Kidnie, in view of Kotani et al. (Japanese Patent Publication No. JP 2008-299213 A), hereinafter Kotani; and Claims 7, 13-14, and 18-19 under 35 U.S.C. 103 as being unpatentable over Kidnie (United States Patent Publication No. US 2014/0315129 A1), hereinafter Kidnie, in view of Kotani et al. (Japanese Patent Publication No. JP 2008-299213 A), hereinafter Kotani, and further in view of Namba et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2020/209143 A1; utilizing United States Patent Publication No. US 2022/0026808 A1), hereinafter Namba; have been fully considered but they are not persuasive. Applicant argues that the prior art of Kidnie and Kotani are non-analogous art. Herein, Kidnie relates to a film or barrier layer which absorbs radiation in the near-infrared as does Kotani. The invention of Kidnie teaches the use of dispersing aids and how dispersion of the components is important. The invention of Kotani teaches the benefit of improved dispersion resulting in little variation throughout the film. The invention of Kidnie teaches the use of coating aids and how a good coating is important. The invention of Kotani teaches the benefit of improved coating of the film. Thus, Applicant’s argument of non-analogous art is not persuasive.
2. Furthermore, Applicant argues that purported, i.e. not supported by data, benefit of the present application, i.e. of increased manufacturing stability, is not present in the claims nor is it supported by data, but mere arguments. Thus, Applicant’s argument is not persuasive. Applicant further argues that the prior art does not teach a second infrared absorbing dye in the barrier layer. Paragraph [0055] of Kidnie states:
The barrier layer further comprises one or more infrared absorbing compounds that are collectively identified herein as the “first” infrared radiation absorbing compound to distinguish it, if necessary, from the second infrared radiation absorbing compound in the non-silver halide thermally sensitive imageable layer. The first infrared radiation absorbing compound can be one or more dyes or pigments, or mixtures thereof that will provide desired spectral absorption properties and is sensitive to radiation in the range of at least 700 nm and up to and including 1500 nm and typically at least 750 nm and up to and including 1200 nm.
Thus, Kidnie teaches more than one infrared absorbing compounds in the barrier layer and the range of radiation absorbed includes the claimed wavelength of 830 nm. Thus, Applicant’s arguments are not persuasive.
Claim Rejections - 35 USC § 103
3. 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:
4. 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.
5. Claims 1-6, 8-12, 15-17, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kidnie (United States Patent Publication No. US 2014/0315129 A1), hereinafter Kidnie, in view of Kotani et al. (Japanese Patent Publication No. JP 2008-299213 A), hereinafter Kotani.
6. Regarding Claims 1-6, 8-12, 15-17, and 20-21, Kidnie teaches (Paragraphs [0046-0051]) a carrier sheet, therein a polymeric carrier sheet. Kidnie teaches (Paragraphs [0052-0069]) a barrier layer. Kidnie teaches (Paragraphs [0070-0086]) a heat-sensitive image forming layer, therein a non-silver halide thermally sensitive imageable layer. Kidnie teaches (Paragraphs [0052-0069]) the barrier layer contains a first infrared absorbing dye, therein a first infrared radiation absorbing compound. Kidnie teaches (Paragraphs [0070-0086]) the heat-sensitive image forming layer contains an ultraviolet absorber, therein a second ultraviolet radiation absorbing compound, and a second infrared absorbing dye, therein a second infrared radiation absorbing compound. Kidnie teaches (Paragraphs [0055 and 0070-0086]) both of the barrier layer and the heat-sensitive image forming layer contain a third infrared absorbing dye having an absorption at a wavelength of 830 nm. Kidnie teaches (Paragraphs [0046-0051]) in the barrier layer, a content of a compound, therein a first ultraviolet radiation absorbing compound, having substantially no absorption in a wavelength range of 900 to 1200 nm and having an absorption in a wavelength range of 300 to 400 nm is 0% by mass or more and less than 0.1% by mass with respect to a mass of the barrier layer. Kidnie teaches (Paragraphs [0104-0164]) a mask forming step of forming an image on the heat-sensitive image forming layer included in the laminate for forming an image to form a mask. Kidnie teaches (Paragraphs [0104-0164]) a lamination step of, after the mask forming step, laminating the mask on a photosensitive resin layer, therein a relief-forming material, of a flexographic printing plate precursor including a support and the photosensitive resin layer. Kidnie teaches (Paragraphs [0104-0164]) an exposure step of, after the lamination step, imagewise exposing the photosensitive resin layer through the mask. Kidnie teaches (Paragraphs [0104-0164]) a peeling step of, after the exposure step, peeling off the mask from the photosensitive resin layer. Kidnie teaches (Paragraphs [0104-0164]) a development step of, after the peeling step, performing development using a developer to form a non-image area and an image area. Kidnie teaches (Paragraphs [0090-0103 and 0223]) wherein the photosensitive resin layer contains a monomer, a polymerization initiator, a base polymer, and water-dispersible particles. Kidnie teaches (Paragraphs [0090-0103 and 0223]) the water-dispersible particles have a carbon-carbon double bond. Kidnie teaches (Paragraphs [0090-0103 and 0223]) a carbon-carbon double bond amount on a surface of the water-dispersible particles is 21 or less. Kidnie teaches (Paragraphs [0094 and 0142]) wherein the developer contains 50% by mass or more of water. Kidnie teaches (Paragraph [0055]) a mass ratio of content of the third infrared absorbing dye to content of the first infrared absorbing dye is 1.0. Herein, a prima facie case for obviousness has been established wherein the prior art teaches a mixture or combination of two components that, absent other teaching, said mixture or combination has equal amounts of each component, i.e. at a 1.0:1.0 ratio.
7. Furthermore, Kidnie teaches (Paragraphs [0052-0086]) both of the first infrared absorbing dye and the second infrared absorbing dye are a compound having an absorption at a wavelength of 1070 nm. However, Kidnie fails to explicitly teach both of the first infrared absorbing dye and the second infrared absorbing dye are a compound having a mass absorption coefficient at the wavelength of 1070 nm of 50 L/(g·cm) or more. Furthermore, Kidnie fails to explicitly teach wherein both of the first infrared absorbing dye and the second infrared absorbing dye are a compound represented by Formula (1) of the present application.
8. Kotani teaches (Paragraphs [0038-0052]) both of the first infrared absorbing dye and the second infrared absorbing dye are a compound having an absorption at a wavelength of 1070 nm. Kotani teaches (Paragraphs [0038-0052]) an infrared absorbing dye being a compound having a mass absorption coefficient at the wavelength of 1070 nm of 50 L/(g·cm) or more. Kotani teaches (Paragraphs [0038-0052]) an infrared absorbing dye being a compound represented by Formula (1) of the present application. Kotani teaches (Paragraphs [0017 and 0038-0052]) the infrared absorbing dye compound therein creates an image excellent in fineness, suppresses deterioration under high temperature, and has broad absorption in the infrared region but not in the visible region.
9. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kidnie to incorporate the teachings of Kotani such that both of the first infrared absorbing dye and the second infrared absorbing dye are a compound having an absorption at a wavelength of 1070 nm; both of the first infrared absorbing dye and the second infrared absorbing dye are a compound having a mass absorption coefficient at the wavelength of 1070 nm of 50 L/(g·cm) or more; and an infrared absorbing dye being a compound represented by Formula (1) of the present application. Doing so would result in an image excellent in fineness, suppresses deterioration under high temperature, and has broad absorption in the infrared region but not in the visible region, as recognized by Kotani.
10. Claims 7, 13-14, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kidnie (United States Patent Publication No. US 2014/0315129 A1), hereinafter Kidnie, in view of Kotani et al. (Japanese Patent Publication No. JP 2008-299213 A), hereinafter Kotani, and further in view of Namba et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2020/209143 A1; utilizing United States Patent Publication No. US 2022/0026808 A1), hereinafter Namba.
11. Regarding Claims 7, 13-14, and 18-19, Kidnie in view of Kotani teaches all limitations of Claims 4-6, 9, and 16 above. However, Kidnie in view of Kotani fails to explicitly teach the developer containing a surfactant represented by Formula (2) of the present application.
12. Namba teaches (Paragraphs [0041-0081]) the developer containing a surfactant represented by Formula (2) of the present application. Namba teaches (Paragraphs [0010-0011]) said surfactant maintains good developability while suppressing aggregation of the dispersion in the developer.
13. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kidnie in view of Kotani to incorporate the teachings of Namba wherein the developer containing a surfactant represented by Formula (2) of the present application. Doing so would maintain good developability while suppressing aggregation of the dispersion in the developer, as recognized by Namba.
Conclusion
20. 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).
21. 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 extension fee 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 date of this final action.
22. Any inquiry concerning this communication should be directed to RICHARD D CHAMPION at telephone number (571) 272-0750. The examiner can normally be reached on 8 a.m. - 5 p.m. Mon-Fri EST.
23. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KEITH D HENDRICKS can be reached at (571) 272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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25. 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.
/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/R.D.C./Examiner, Art Unit 1737
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