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 9, line 22, filed 09 July 2026, with respect to the rejection of Claims 1-11 under 35 U.S.C. 102(a)(2) as being anticipated by Nakamura (World Intellectual Property Organization (WIPO) Publication No. WO 2021/161939 A1; utilizing United States Patent Publication no. US 2022/0397824 A1 as an English language equivalent), hereinafter Nakamura; have been fully considered and, in light of the claim amendments made, are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Inoue et al. (United States Patent Publication no. US 2021/0115219 A1), hereinafter Inoue.
Claim Rejections - 35 USC § 103
2. 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:
3. 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.
4. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (World Intellectual Property Organization (WIPO) Publication No. WO 2021/161939 A1; utilizing United States Patent Publication no. US 2022/0397824 A1 as an English language equivalent), hereinafter Nakamura, in view of Inoue et al. (United States Patent Publication no. US 2021/0115219 A1), hereinafter Inoue.
5. Regarding Claims 1-11, Nakamura teaches (Paragraphs [0338-0339]) a reactive unsaturated compound that includes an acryl-based compound having at least three ethylenically unsaturated double bond groups in molecules and having a viscosity of about 200 mPa·s to about 280 mPa·s at 40° C. MPEP 2112.01 states: "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)." Herein, the reactive unsaturated compound that includes an acryl-based compound having at least three ethylenically unsaturated double bond groups in molecules is identical to the claimed compound – indeed it is identical to Experimental Compound 1 of the present application – and thus a prima facie case of anticipation has been established. Nakamura teaches (Paragraphs [0334-0337]) an alkali soluble resin, therein a binder or dispersant. Nakamura teaches (Paragraphs [0340-0345]) an initiator, therein a photopolymerization initiator. Nakamura teaches (Paragraphs [0324-0331]) a pigment. Nakamura teaches (Paragraphs [0340-0345]) the acryl-based compound is represented by Formula 1 of the present application. Nakamura teaches (Paragraphs [0340-0345]) the acryl-based compound represented by Formula 1 of the present application is represented by one of Formula 2 of the present application and Formula 3 of the present application. Nakamura teaches (Paragraphs [0338-0339]) the reactive unsaturated compound further comprises at least one of a monomer or an oligomer, which has at least one ethylenically unsaturated double bond. Nakamura teaches (Paragraphs [0334-0337]) the alkali soluble resin comprises aan acryl-based resin, a polyester-based resin. Nakamura teaches (Paragraphs [0334-0337]) the cardo-based resin has a weight average molecular weight of about 1,000 g/mol to about 100,000 g/mol. Nakamura teaches (Paragraphs [0324-0331], Table 1) the pigment comprises a mixture of two or more coloring pigments. Nakamura teaches (Paragraphs [0349-0357]) a solvent. Nakamura teaches (Table 1) the acryl-based compound in an amount of 1.5 wt %. Nakamura teaches (Table 1) the alkali soluble resin in an amount of 6.3 wt %. Nakamura teaches (Table 1) the initiator in an amount of about 0.06 wt %. Nakamura teaches (Table 1) the pigment in an amount of about 6.0 wt %. Nakamura teaches (Table 1) the solvent in a residual amount. Nakamura teaches (Paragraphs [0324-0331]) the black organic pigment comprises at least one of a benzofuranone-based black pigment, a perylene-based black pigment, an azo-based black pigment, lactam black, aniline black, or an indolinone-based black pigment. Nakamura teaches (Paragraphs [0324-0331]) the black organic pigment comprises a coating layer on a surface, wherein the coating layer including at least one of a silica coating layer, a metal oxide coating layer, or a metal hydroxide coating layer.
6. However, Nakamura fails to explicitly teach the alkali soluble resin comprises a cardo-based resin.
7. Nakamura teaches (Abstract) a photosensitive composition comprising a coloring material, a resin, a polymerizable compound, a photopolymerization initiator, and solvent. Inoue teaches (Abstract, Paragraph [0058]) a colored resin composition comprising a colorant, an alkali-soluble resin, a radically polymerizable compound, a photopolymerization initiator, therein also referred to as a photosensitizer, and an organic solvent. Inoue teaches (Paragraph [0021]) the alkali soluble resin comprises a cardo-based resin or, for example, a polyimide resin. Nakamura teaches (Paragraph [0154]) the alkali soluble resin comprises, for example, a polyimide resin. Inoue teaches (Paragraph [0021]) the alkali soluble resin comprising a cardo-based resin exhibits increased ultraviolet sensitivity.
8. 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 Nakamura to incorporate the teachings of Inoue wherein the alkali soluble resin comprises a cardo-based resin. Doing so would result in increased ultraviolet sensitivity, as recognized by Inoue.
Conclusion
9. 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).
10. 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.
11. 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.
12. 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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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/R.D.C./Examiner, Art Unit 1737
