DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is responsive to the amendment filed on 01/13/2026.
3. Claims 1-13 are pending. Claims 1-13 are under examination on the merits. Claim 1 is amended. Claim 13 is newly added.
4. The objections and rejections not addressed below are deemed withdrawn.
5. Applicant’s arguments with respect to claims 1-13 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Information Disclosure Statement
6. The information disclosure statement submitted on 01/13/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement.
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 1-13 are rejected under 35 U.S.C. 103(a) as being unpatentable over Kaoru Aoyagi (US Pub. No. 2017/0010529 A1, hereinafter “’529”) in view of Billes et al. (US Pub. No. 2014/0294746 A, hereinafter “’746”) or Kawano et al. (US Pub. No. 2010/0048442 A1, hereinafter “’442”) or Hsu et al. (TW 2018143397 A, already of the record, hereinafter,”’397”).
Regarding claims 1-4: ‘529 teaches a composition (Page 11, [0002]) comprising: a siloxane resin (Page 1, [0019-[0020]; Page 35, Claim 1), a silicone-based surfactant other than the cyclic siloxane compound (Page 24, [0245]; Page 25, [0246]), a content of the silicone-based surfactant.is preferably 0.001% by mass (10 ppm) to 2.0% by mass (20000 ppm)(Page 25, [0247]), and a curable compound (Page 2, [0022], Page 35, Claim 3). ‘529 does not expressly teach a cyclic siloxane compound such as octamethylcyclotetrasiloxan, wherein a content of the cyclic siloxane compound is 0.5 to 4 parts by mass with respect to 100 parts by mass of the silicone-based surfactant.
However, ‘746 teaches aqueous silicone emulsions: A) an aminofunctional organopolysiloxane (Page 1, [0006]), B) a quaternary ammonium (Page 1, [0007]), and C) a nonionic surfactant (Page 1, [0013]), where the aqueous silicone emulsion contains less than 0.2 weight % of octamethylcyclotetrasiloxanes (D4) and decamethylcyclopentasiloxanes (D5) cyclic siloxanes (Page 1, [0014]) with benefit of providing a process for producing mechanical emulsions of aminofunctional siloxanes having reduced content of cyclosiloxanes in order to stabilize the aqueous silicone emulsions (Page 1, [0003]-[0004]).
‘442 teaches an oil-in-water emulsified composition comprising one, two, or more of nonionic surfactants having a HLB of 2-10 in the amount of 0.1-5.0 wt % of the composition (Page 1, [0008]) such as chain silicones such as dimethylpolysiloxane, methylphenylpoly siloxane, and methyhydrogenpolysiloxane, cyclic silicones such as octamethylcyclotetra siloxane, decamethylcyclopentasiloxane, and dodecamethylcyclohexasiloxane (Page 2, [0026]) with benefit of providing an oil-in-water emulsified composition primarily or secondarily aiming at removing dirt that exhibits no stickiness, superior stability, and richness (Page 1, [0005]).
Alternatively, ‘397 teaches a photosensitive resin composition and a color filter and a liquid crystal display element manufactured by the photosensitive resin composition. The photosensitive resin composition includes a pigment (A), a dye (B), an alkali-soluble resin (C), a compound having an unsaturated ethylenically group (D), a photoinitiator (E), a compound (F) selected from the group consisting of a thermal acid generator and a thermal bas generator, a cyclic siloxane compound (G) (Pages 98-99, [0245]-[0247]) and a solvent (H). (Page 3, [0011]). ‘397 teaches the photosensitive resin composition according to claim 1, wherein the pigment (A) is used in an amount of 5 to 300 parts by weight based on 100 parts by weight of the alkali-soluble resin (C); and the dye (B) is used. The amount used is 5 to 50 parts by weight; the compound (D) having an ethylenically unsaturated group is used in an amount of 20 to 200 parts by weight; and the photoinitiator (E) is used in an amount of 10 to 100 parts by weight; The compound (F) is used in an amount of 1 to 30 parts by weight; the cyclic siloxane compound (G) is used in an amount of 1 to 30 parts by weight; and the solvent (H) is used in an amount of 500 to 5000 parts by weight (Page 18, Claim 9) with benefit of providing a color filter formed by the photosensitive resin composition having the advantage of improved taper angle ( Abstract, lines 5-6).
In an analogous art of composition comprising a siloxane rein, and a silicone-based surfactant, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the siloxane by ‘529, so as to include cyclic siloxane compound such as octamethylcyclotetra siloxan as taught by ‘746, and would have been motivated to do so with reasonable expectation that this would result in providing a process for producing mechanical emulsions of aminofunctional siloxanes having reduced content of cyclosiloxanes in order to stabilize the aqueous silicone emulsions as suggested by ‘746 (Page 1, [0003]-[0004]).
In an analogous art of composition comprising a siloxane rein, and a silicone-based surfactant, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the siloxane by ‘529, so as to include cyclic siloxane compound such as octamethylcyclotetra siloxane, decamethylcyclopentasiloxane, and dodecamethylcyclohexasiloxane as taught by ‘442, and would have been motivated to do so with reasonable expectation that this would result in providing an oil-in-water emulsified composition primarily or secondarily aiming at removing dirt that exhibits no stickiness, superior stability, and richness as suggested by ‘442 (Page 1, [0005]).
In an analogous art of composition comprising a siloxane rein, and a silicone-based surfactant, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the siloxane by ‘529, so as to include cyclic siloxane compound as taught by ‘397, and would
have been motivated to do so with reasonable expectation that this would result in providing a color filter formed by the photosensitive resin composition having the advantage of improved taper angle as suggested by ‘397 (Abstract, lines 5-6).
Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the substitution of equivalents (i.e., in view of the art recognized functional equivalence of the two
siloxane) requires no express motivation as long as the prior art recognizes the equivalency. In re Fount USPQ 532 (CCPA 1982); In re Siebentritt, 152 USPQ 618 (CCPA 1967); Graver Tank & Mfg. Co. Inc. v Linde Air Products Co., 85 USPQ 328 (USSC).
Regarding claim 5: ‘529 teaches the composition (Page 11, [0002]), wherein the composition contains a silicone-based surfactant may be used singly or in combination of two or more kinds thereof (Page 25, [0246]). ‘529 does not expressly teach the composition two or more kinds of the cyclic siloxane compounds.
Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the substitution of equivalents (i.e., in view of the art recognized functional equivalence of the two
siloxane) requires no express motivation as long as the prior art recognizes the equivalency. In re Fount USPQ 532 (CCPA 1982); In re Siebentritt, 152 USPQ 618 (CCPA 1967); Graver Tank & Mfg. Co. Inc. v Linde Air Products Co., 85 USPQ 328 (USSC).
Regarding claim 6: ‘529 teaches the composition (Page 11, [0002]), wherein a content of the silicone-based surfactant.is preferably 0.001% by mass (10 ppm) to 2.0% by mass (20000 ppm)(Page 25, [0247]),
Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since it has been held that choosing the over lapping portion, of the range taught in the prior art and the range claimed by the applicant, has been held to be a prima facie case of obviousness, see In re Malagari, 182 USPQ 549.
Regarding claim 7: ‘529 teaches the composition (Page 11, [0002]), wherein the curable compound contains a resin (Page 3, [0062]; Page 4, [0099]; Page 26, [0264]) and a polymerizable monomer (Page 19, [0187]-[0188]), and the composition further contains a photopolymerization initiator (Page 25, [0258]).
Regarding claim 8: ‘529 teaches the composition (Page 11, [0002]), further comprising: a coloring material (Page 1, [0017]; Page 2, [0023]; Page 4, [0101]-[0102]; Page 5, [0113]).
Regarding claim 9: ‘529 teaches a film formed of the composition (Page 2, [0025]; Page 3, [0060]).
Regarding claim 10: ‘529 teaches an optical filter comprising: the film (Page 2, [0026]; Page 6, [0128]).
Regarding claim 11: ‘529 teaches an optical sensor comprising: the film (Page 2, [0036]; Page 31, [0362[).
Regarding claim 12: ‘529 teaches an image display device comprising: the film (Page 2, [0037]; Page 31, [0364]-[0365]).
Regarding claim 13: ‘529 teaches a composition (Page 11, [0002]) comprising: a siloxane resin (Page 1, [0019-[0020]; Page 35, Claim 1), a silicone-based surfactant other than the cyclic siloxane compound (Page 24, [0245]; Page 25, [0246]), a content of the silicone-based surfactant.is preferably 0.001% by mass (10 ppm) to 2.0% by mass (20000 ppm)(Page 25, [0247]), and a curable compound (Page 2, [0022], Page 35, Claim 3). ‘529 does not expressly teach a cyclic siloxane compound such as octamethylcyclotetrasiloxan, 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.
However, ‘442 teaches an oil-in-water emulsified composition comprising one, two, or more of nonionic surfactants having a HLB of 2-10 in the amount of 0.1-5.0 wt % of the composition (Page 1, [0008]) such as chain silicones such as dimethylpolysiloxane, methylphenylpoly siloxane, and methyhydrogenpolysiloxane, cyclic silicones such as octamethylcyclotetra siloxane, decamethylcyclopentasiloxane, and dodecamethylcyclohexa siloxane (Page 2, [0026]) with benefit of providing an oil-in-water emulsified composition primarily or secondarily aiming at removing dirt that exhibits no stickiness, superior stability, and richness (Page 1, [0005]).
In an analogous art of composition comprising a siloxane rein, and a silicone-based surfactant, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the siloxane by ‘529, so as to include cyclic siloxane compound such as octamethylcyclotetra siloxane, decamethylcyclopentasiloxane, and dodecamethylcyclohexasiloxane as taught by ‘442, and would have been motivated to do so with reasonable expectation that this would result in providing an oil-in-water emulsified composition primarily or secondarily aiming at removing dirt that exhibits no stickiness, superior stability, and richness as suggested by ‘442 (Page 1, [0005]).
Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the substitution of equivalents (i.e., in view of the art recognized functional equivalence of the two
siloxane) requires no express motivation as long as the prior art recognizes the equivalency. In re Fount USPQ 532 (CCPA 1982); In re Siebentritt, 152 USPQ 618 (CCPA 1967); Graver Tank & Mfg. Co. Inc. v Linde Air Products Co., 85 USPQ 328 (USSC).
Response to Arguments
9. Applicant’s arguments with respect to claims 1-13 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
10. 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 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.
Examiner Information
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
01/26/2026
bijan.ahvazi@uspto.gov