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 .
Election/Restrictions
Claims 1-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected layered film, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/22/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 20-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoai et al (EP 878738).
Aoai et al disclose a photosensitive composition comprising a polymer having a unit meeting the limitations of the instant formulas (a1) and (a2), wherein examples includes compounds disclosed by the instant specification ([0104]), wherein instant X of formula (a1) is alkyl, cycloalkyl, -COO-, or a combination, and instant formula (a2) wherein Y is a ring and Z is reference X3, with examples below (claims 1-3, instant claims 20-22).
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308
532
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166
156
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94
94
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158
272
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150
262
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146
114
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The content of the unit is from 10 to 70 mol% (page 33, lines 52-58), with examples at 25 and 30 in table 1.
The reference further teaches the inclusion of a basic compound, wherein suggested compounds include pyridines (page 66, lines 2-18), which are taught by the instant specification are preferred examples of the instant compound β, and would meet the limitations of the instant claims 24-28 (see page 43 of the instant specification).
Given the teachings of the reference, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Aoai et al, choosing to include a pyridine basic compound in combination with the carboxyl-containing units as disclosed above. The resultant material would meet the limitations of the instant claims 20-28.
Claim(s) 20-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoai et al in view of Maruyama et al (7,977,442).
Aoai et al has been discussed above. The reference teaches that known basic compounds for photosensitive compositions include pyridines.
Maruyama et al teach that known basic compounds include pyridines, but also various known quinolines and acridines (column 26, line 53 to column 28, line 23).
Given the teachings of the reference, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Aoai et al, choosing to include a quinoline or acridine basic compound as taught to be known and equivalent to pyridine by Maruyama et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA C WALKE whose telephone number is (571)272-1337. The examiner can normally be reached Monday to Thursday 5:30am to 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMANDA C. WALKE/ Primary Examiner, Art Unit 1722
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