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 submitted under 35 U.S.C. 119(a)-(d), based on an application filed in Japan on 08/19/2021. The Applicant has not filed a certified copy of the JP2021-133931 application as required by 37 CFR 1.55, as required. An attempt by the Office to electronically retrieve, under the priority document exchange program, the foreign application 2021-133931 to which priority is claimed has failed on 04/05/2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/13/2024 and 9/15/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings received on 1/31/2024 are accepted to by the Examiner.
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.
Claims 1-7 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Aoyagi (US 2017/0010529) in view of Kobayashi et al. (US 2017/0073517).
Regarding claims 1 and 4, Aoyagi teaches a composition (refer to US 2017/0010529) comprising: inorganic particles (various inorganic pigments, [0115]); a cyclic siloxane compound (siloxane resin containing Si-OH bonds and Si-OR.sup.1 bonds, [0020]); and a silicone-based surfactant other than the cyclic siloxane compound (silicone-based surfactant include “TORAY SILICONE DC3PA”,…., [0245]; The surfactants may be used singly or in combination of two or more, [0246]), wherein a content of the cyclic siloxane compound is (contains a surfactant, the content of the surfactant is preferably 0.001% by mass to 2.0% by mass, i.e. 10 ppm to 20000 ppm, [0247]).
Aoyagi doesn’t explicitly teach a content of the cyclic siloxane compound is 0.01 to 10 parts by mass with respect to 100 parts by mass of the silicone-based surfactant.
Aoyagi and Kobayashi are related as chemical compounds.
Kobayashi teaches a method for producing an organopolysiloxane emulsion composition ([0001]) comprising organopolysiloxane of general formula (1) as set forth having an octamethylcyclotetrasiloxane (which is a cyclic siloxane compound) content of not more than 1,000 ppm [0015]; 0 to 100 parts by weight of a nonionic surfactant, [0016], 0 to 100 parts by weight of an anionic surfactant, [0017] with benefit of providing to set the trialkyl-terminated organopolysiloxane within an emulsion to a desired viscosity in as short an emulsion polymerization time as possible is strongly desired not only for greater production efficiency, but also to suppress the octamethylcyclotetrasiloxane included in the organopolysiloxane within the emulsion, [0006]. In the light of such benefit, it would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the siloxane of Aoyagi so as to include cyclic siloxane compound such as octamethylcyclotetrasiloxane, wherein a content of the cyclic siloxane compound is 0.01 to 10 parts by mass with respect to 100 parts by mass of the silicone-based surfactant as taught by Kobayashi for the predictable advantage of providing a set the trialkyl-terminated organopolysiloxane within an emulsion to a desired viscosity in as short an emulsion polymerization time as possible is strongly desired not only for greater production efficiency, but also to suppress the octamethylcyclotetrasiloxane included in the organopolysiloxane within the emulsion as taught by Kobayashi in [0006].
Regarding claim 2; the modified Aoyagi teaches composition according to claim 1 (see above), Kobayashi teaches the composition according to the composition according to wherein the cyclic siloxane compound is a compound represented by Formula (1), [see para. 0015]; in Formula (1), RI and R2 each independently represent a hydrogen atom or a substituent, and m represents an integer of 3 to 20. [0015].
Regarding claim 3; the modified Aoyagi teaches composition according to claim 1 (see above), Kobayashi teaches, wherein the cyclic siloxane compound includes at least one selected from octamethylcyclotetrasiloxane, decamethylcyclopentasiloxane, or dodecamethylcyclohexasiloxane, (method for producing an organopolysiloxane emulsion composition, an organopolysiloxane of general formula (1) below having an octamethylcyclotetrasiloxane content, [0014-0015])
Regarding claim 5; the modified Aoyagi teaches composition according to claim 1 (see above), wherein the composition contains two or more kinds of the cyclic siloxane compounds (the surfactants may be used singly or in combination of two or more kinds thereof. [0246]).
Regarding claim 6; the modified Aoyagi teaches composition according to claim 1 (see above), wherein a content of the silicone-based surfactant in the composition is 1 to 2,000 ppm by mass, (, the content of the surfactant is preferably 0.001% by mass to 2.0% by mass, [0247]).
Regarding claim 7; the modified Aoyagi teaches composition according to claim 1 (see above), wherein the inorganic particles include silica particles, (the pigment include various inorganic pigments or organic pigments known in the art. Further, when it is considered that either inorganic pigment having a high transmittance are preferable, pigments, [0115])
Regarding claim 9; the modified Aoyagi teaches composition according to claim 1 (see above), wherein a content of the inorganic particles in a total solid content of the composition is 20% by mass or more (acids organic acids or inorganic acids include nitric acid, oxalic acid, acetic acid, formic acid, hydrochloric acid, and boric acid, [0088]; the pigment includes various inorganic pigments known in the art. Further, when it is considered that inorganic pigments having a high transmittance are preferable, pigments having an average particle diameter which is as small as possible are preferably used, and when the handleability is also considered, the average particle diameter of the pigments is preferably 0.01 μm to 0.1 μm, and more preferably 0.01 μm to 0.05 μm [0115]; Examples of the inorganic pigment include metal compounds represented by a metal oxide, a metal complex salt, or the like, and specific examples thereof include black pigments such as carbon black and titanium black, metal oxides of iron, cobalt, aluminum, cadmium, lead, copper, titanium, magnesium, chromium, zinc, antimony, and the like, and complex oxides of the above metals, [0126]. It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified composition of Aoyagi to select the inorganic particles in a total solid content of the composition is 20% by mass or more for the predictable advantage of preferable high transmittance as Aoyagi indicated in [0115].
Regarding claim 10; the modified Aoyagi teaches composition according to claim 1 (see above), Aoyagi teaches a film formed of the composition according to claim 1 (A cured film formed by curing the coloring composition as described in any one of <1> to <5>. In [0016-0024]); composition has been applied, and a cured film or the like having excellent colorfastness can be formed, [0060]).
Regarding claim 11; the modified Aoyagi teaches composition according to claim 10 (see above), Aoyagi teaches an optical filter comprising: the film according to claim 10 (A color filter comprising the cured film as described in <6>, [0026]; the crosstalk (color mixing of light) can be reduced when the color filter is made into a finer film, [0128]; the color filter of the present invention is formed by the coloring composition, [0356].
Regarding claim 12; the modified Aoyagi teaches composition according to claim 10 (see above), Aoyagi teaches an optical sensor comprising the film (The solid-state imaging device has a configuration which has a plurality of photodiodes constituting a light-receiving area of a solid-state imaging device (a CCD image sensor, a CMOS image sensor, or the like) and a transfer electrode formed of polysilicon or the like, [0362]).
Regarding claim 13; the modified Aoyagi teaches composition according to claim 10 (see above), Aoyagi teaches an image display device comprising: the film according to claim 10 (Image Display Device; The color filter of the present invention can be used not only for a solid-state imaging device, but also for an image display device such as a liquid crystal display device and an organic EL display device. In particular, the color filter is suitable in the applications of a liquid crystal display device. The liquid crystal display device comprising the color filter of the present invention can display a high-quality image, [0364-0365]).
Regarding claim 14; the modified Aoyagi teaches composition according to claim 1 (see above), Aoyagi teaches a structural body comprising: a support; a partition wall formed of the composition according to claim 1, which is provided on the support; and a pixel provided in a region partitioned by the partition wall (first colored layer 11 can be formed by coating the coloring composition onto a support by a coating method, [0302]; FIG. 2, first, a photoresist layer 51 is formed over the first colored layer 11, [0307]; Fig. 4, first colored layer 11 so as to form a pane pattern. Accordingly, the first colored pattern 12, configured by providing the through-hole group 120 in the first colored layer 11, has a plurality of square first colored pixels arranged in a pane pattern, [0317]; Fig. 6 shows pixels [0339]; the coloring composition of the present invention is applied onto a support to form a coloring composition layer, [0291]; first colored layer 11 can be formed by coating the coloring composition onto a support by a coating method such as spinning coating, slit coating [0302]; the solid-state imaging device has a configuration which has a plurality of photodiodes constituting a light-receiving area of a solid-state imaging device (first colored pattern may be a colored pattern which is provided as a first tint on a support, and in some cases, may be a colored pattern which is provided as, for example, a pattern after a second tint or a third tint, on a support having a pattern already provided thereon. [0306]; a CCD image sensor, a CMOS image sensor, or the like) and a transfer electrode formed of polysilicon or the like, on a support; a light shielding film formed of tungsten or the like onto the photodiodes, [0362])
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Aoyagi in view of Kobayashi et al. as applied to claim 1, and further in view of Nakamura et al. (WO 2021044988, the Examiner attached machine translation).
Regarding claim 8; the modified Aoyagi teaches composition according to claim 7 (see above), the modified Aoyagi doesn’t explicitly teach, wherein the silica particles include at least one selected from silica particles having a shape in which a plurality of spherical silicas are connected in a bead shape, silica particles having a shape in which a plurality of spherical silicas are connected in a planar shape, or silica particles having a hollow structure.
Aoyagi and Nakamura are related as composition of optical particles.
Nakamura teaches the silica particles include at least one selected from silica particles having a shape in which a plurality of spherical silicas are connected in a bead shape, silica particles having a shape in which a plurality of spherical silicas are connected in a planar shape, or silica particles having a hollow structure (composition of the present invention: At least one selected from silica particles having a shape in which a plurality of spherical silicas are connected in a plane, and silica particles having a hollow structure connected in a bead shape, silica particles having a shape in which a plurality of spherical silicas are connected in a plane, and silica particles having a hollow structure, [end of page 3 and beginning of page 4 of machine translation]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified composition of Aoyagi to include at least one selected from silica particles having a shape in which a plurality of spherical silicas are connected in a bead shape, silica particles having a shape in which a plurality of spherical silicas are connected in a planar shape, or silica particles having a hollow structure as Nakamura disclosed for the predictable advantage of with this composition it is possible to form a film in which the occurrence of defects is suppressed, and it is possible to form a film having excellent film thickness uniformity even after long-term storage, as taught by Nakamura in page 4 of machine translation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Komori (JP-2013185102, Examiner attached machine translation) teaches a complex that contains a silica of a predetermined shape and in which physical properties in a predetermined direction and the like is improved, and to provide a method of producing the same. In DESCRIPTION-OF-EMBODIMENTS Komori teaches silica has a spherical shape, shape of the fine particles is spherical, the diameter of the sphere is defined as the particle diameter, and the average value is defined as the average particle diameter. For example, the average particle diameter of single-particle silica composing beaded silica means the average particle diameter of all single-particle silica composing one bead-shaped silica particle. In header Process 1: bead-like spherical silica nanoparticles having a controlled particle size at the nano level can be synthesized by a liquid phase heterogeneous reaction using alkoxysilane as a silica source and a basic amino acid as a catalyst.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHMAN ABDUR whose telephone number is (571)270-0438. The examiner can normally be reached 8:30 am to 5:30 pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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