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 38, line 23, filed 13 July 2026, with respect to the rejection of Claim 1-8 and 13-20 under 35 U.S.C. 103 as being unpatentable over Hosoda et al. (United States Patent Publication no. JP-H07287393-A), hereinafter Hosoda, in view of Shin et al. (Korean Patent Publication no. KR 2020-0127482 A), hereinafter Shin, have been fully considered but they are not persuasive. Applicant argues that the amendments to Claim 1, wherein the Applicant has incorporated the limitations of the now-cancelled Claim 8, overcomes the rejection of record. This argument is not persuasive. The rejection of record rejected Claim 8, which was previously rejected as a dependent claim, ultimately, of Claim 1, as unpatentable over Hosoda in view of Shin, as having the limitations of the now-cancelled Claim 8 as being taught by Hosoda. Applicant argues that the present application describes a dispersion aid represented by Chemical Formula 1 of the present application, whereas the prior art Hosoda describes a structure within the scope of Chemical Formula as a dye (colorant). MPEP § 2112.01(I) 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).” Given that the prior art structure, including basic functional groups, are within the scope of the structures claimed by the present application, a prima facie case of either anticipation or obviousness has been established, regardless of whether the prior art labels said structures differently than the present application. Furthermore, Applicant argues that the basic functional groups of the prior art lacked unclaimed functionality that the basic functional groups of the present application purported possess. Unclaimed features cannot overcome a rejection within the scope of the limitations of the claims of the present application. Applicant further argues that Shin fails to teach the limitations of the now-cancelled Claim 8 which has been now-incorporated in independent Claim 1. But the rejection of record does not reject said limitations in view of secondary reference Shin, but actually primary reference Hosoda. Thus, said argument is not persuasive and the rejection of record is maintained.
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. Claim 1-6 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hosoda et al. (United States Patent Publication no. JP-H07287393-A), hereinafter Hosoda, in view of Shin et al. (Korean Patent Publication no. KR 2020-0127482 A), hereinafter Shin.
5. Regarding Claims 1-6 and 13-20, Hosoda teaches (Paragraphs [0048-0050]) a photopolymerization initiator, therein 2,4,6-tris(trichloromethyl)-1,3,5-triazine. Hosoda teaches (Paragraphs [0048-0050]) a binder resin, therein poly(p-vinylphenol). Hosoda teaches (Paragraphs [0048-0050]) a solvent, therein methylethylketone. Hosoda teaches (Paragraphs [0048-0050]) a photopolymerizable compound, therein a vinyl ether compound and an amide compound. Hosoda teaches (Paragraphs [0048-0050]) a dispersion aid represented by Chemical Formula 1 of the present application. Hosoda teaches (Paragraphs [0048-0050]) wherein both R1 and R2 of Chemical Formula 1 of the present application are hydrogen atoms. Hosoda teaches (Paragraphs [0048-0050]) wherein both R3 and R4 of Chemical Formula 1 of the present application are hydrogen atoms. Hosoda teaches (Paragraphs [0048-0050]) wherein R5 to R8 of Chemical Formula 1 of the present application are a substituted or unsubstituted methyl group. Hosoda teaches (Paragraphs [0048-0050]) wherein one of R9 to R12, and one of R13 and R16 of Chemical Formula 1 of the present application are each independently a substituted or unsubstituted basic functional group. Hosoda teaches (Paragraphs [0048-0050]) wherein the dispersion aid is represented by Chemical Formula 1-1 of the present application. Hosoda teaches (Paragraphs [0048-0050]) wherein the substituted or unsubstituted basic functional group is a secondary anime group, a tertiary amine group, or a quaternary amine group. Hosoda teaches (Paragraphs [0016-0023]) wherein the substituted or unsubstituted basic functional group is represented by one of the following Chemical Formulae A to E of the present application. Hosoda teaches (Paragraphs [0016-0023]) wherein the dispersion aid has a maximum absorption wavelength of about 530 nm to about 700 nm. Hosoda teaches (Paragraphs [0048-0050]) wherein the dispersion aid is included in the composition in an amount of about 0.5 wt % to 6 wt% based on a total weight of the photosensitive resin composition. Hosoda teaches (Paragraphs [0048-0050]) about 0.1 wt % to about 10 wt % of the photopolymerizable compound. Hosoda teaches (Paragraphs [0048-0050]) about 0.1 wt % to about 10 wt % of the photopolymerization initiator. Hosoda teaches (Paragraphs [0048-0050]) about 0.5 wt % to about 15 wt % of the binder resin. Hosoda teaches (Paragraphs [0048-0050]) the solvent, all wt % being based on a total weight of the photosensitive resin composition. Hosoda teaches (Paragraph [0026) a photosensitive resin layer, therein a photosensitive recording layer, manufactured using the photosensitive resin composition. Hosoda teaches (Paragraphs [0045-0046]) the photosensitive resin layer is a color negative photoresist.
6. However, Hosoda fails to explicitly teach a pigment. Furthermore, Hosoda fails to explicitly teach a dispersant. Furthermore, Hosoda fails to explicitly teach a weight ratio of the dispersion aid and the pigment is about 1:20 to about 1:70. Furthermore, Hosoda fails to explicitly teach about 0.5 wt % to about 50 wt % of the colorant. Furthermore, Hosoda fails to explicitly teach a color filter comprising the photosensitive resin layer. Furthermore, Hosoda fails to explicitly teach a display device comprising the color filter.
7. Shin teaches (Paragraphs [0228-0231]) a pigment. Shin teaches (Paragraphs [0231 and 0233]) a dispersant. Shin teaches (Paragraph [0236]) 0.5 wt % to about 20 wt % of the colorant. Thereby, combined with the teaching of the dispersion aid by Hosoda, Hosoda in view of Shin teaches a weight ratio of the dispersion aid and the pigment is about 1:20. Shin teaches (Paragraph [0076]) a color filter comprising the photosensitive resin layer. Shin teaches (Paragraphs [0003-0006]) a display device comprising the color filter. Shin teaches (Paragraph [0079]) said limitations produce a color filter having excellent luminescence and durability.
8. A person having ordinary skill in the art would understand that Hosoda in view of Shin teaches a pigment, a dispersant, 0.5 wt % to about 20 wt % of the colorant, a weight ratio of the dispersion aid and the pigment is about 1:20, a color filter comprising the photosensitive resin layer, and a display device comprising the color filter. Doing so would result in a color filter having excellent luminescence and durability, as recognized by Shin.
Allowable Subject Matter
9. Claims 9-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The chemical structures of said claims are not found in the prior art.
Conclusion
10. 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).
11. 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.
12. 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.
13. 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
