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 5, line 7, filed 14 July 2026, with respect to the rejection of Claims 1-9 under 35 U.S.C. 103 as being unpatentable over Toyooka (United States Patent Publication No. US 2019/0285986 A1), hereinafter Toyooka; have been fully considered but they are not persuasive. Applicant argues that the prior art fails to be obvious to a person having ordinary skill in the art a depth of presence of 0.3 µm to 3.0 µm, wherein the intensity of an ion is set to 100% at the surface and the depth of presence is the depth at which the intensity is 90%. If one were to assume perfect mixing, then the depth of presence, by this definition, would be 10% down from the surface relative to the total thickness of the film. Given that Toyooka teaches films from 1 to 20 µm, assuming perfect mixing, a 20 µm film would have a depth of presence of 2 µm and a 3 µm film would have a depth of presence of 0.3 µm. Thus, it would be obvious to have a depth of presence within the claimed range to a person having ordinary skill in the art. Applicant argues that the prior art failed to teach unclaimed properties of scratch resistance and prevention or reduction of edge lift, which Applicant purports to be realized by their disclosure. Applicant has not claimed these properties and a structure in the prior art that is identical or essentially identical to the structure claimed by a present application is assumed to have the same properties, even if they were unappreciated at the time. MPEP § 2112(I). Applicant acknowledges different post-development procedures in the prior art, but argues that there would not obviously be any wait, or standing time, between said post-development procedures. A person having ordinary skill in the art would understand that the prior art, by teaching post-development procedures would obviously teach a standing time, as there would some, even if small, space of time between development and said post-development procedures. Regarding new Claims 10 and 11 of the present application, as will be detailed below, the prior art teaches development at 25oC and increased development speeds, as well as teaching post-exposure and post-baking. As such, Applicant’s arguments are 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. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Toyooka (United States Patent Publication No. US 2019/0285986 A1), hereinafter Toyooka.
5. Regarding Claims 1-11, Toyooka teaches (Paragraphs [0091-0149]) a base material, therein a binder polymer. Toyooka teaches (Paragraphs [0411-0442]) a resin pattern. Toyooka teaches (Paragraphs [0217-0219 and 0411-0442]) in a case where, based on a depth direction analysis of the resin pattern performed along a direction from the resin pattern toward the base material, an intensity of at least one component selected from the group consisting of a sodium ion and a potassium ion, which is detected on a surface of the resin pattern, is defined as 100%, a depth of presence of the at least one component selected from the group consisting of a sodium ion and a potassium ion in the resin pattern is 0.3 μm to 3.0 μm, the depth of presence being defined by a distance from the surface of the resin pattern to a point where the intensity of the at least one component selected from the group consisting of a sodium ion and a potassium ion first reaches 90%. Toyooka teaches (Paragraphs [0217-0219 and 0411-0442]) a ratio of the depth of presence to a thickness of the resin pattern is 0.1 to 0.9. Toyooka teaches (Paragraphs [0217-0219 and 0411-0442]) the resin pattern is a cured substance of a photosensitive composition. Toyooka teaches (Paragraphs [0150-0197]) the photosensitive composition contains a polymerizable compound and a polymerization initiator. Toyooka teaches (Paragraphs [0091-0149]) the photosensitive composition contains a polymer. Toyooka teaches (Paragraphs [0091-0187]) the polymer has a polymerizable group. Toyooka teaches (Paragraphs [0017-0045]) a transparent electrode between the base material and the resin pattern. Toyooka teaches (Paragraph [0002]) the laminate is a touch panel. Toyooka teaches (Paragraphs [0017-0045]) disposing a photosensitive layer on a base material. Toyooka teaches (Paragraphs [0017-0045]) exposing the photosensitive layer in a patterned manner. Toyooka teaches (Paragraphs [0017-0045]) developing the photosensitive layer, wherein developing is removing an exposed portion or a non-exposed portion of the photosensitive layer using a developer containing at least one component selected from the group consisting of a sodium ion and a potassium ion to form a resin pattern. Toyooka teaches (Paragraphs [0017-0045]) washing the resin pattern with water. Toyooka teaches (Paragraphs [0506-0512]) allowing the base material and the resin pattern to stand. Toyooka teaches (Paragraphs [0217-0219 and 0411-0442]) in a case where, based on a depth direction analysis of the resin pattern after allowing the base material and the resin pattern to stand, which is performed along a direction from the resin pattern toward the base material, an intensity of at least one component selected from the group consisting of a sodium ion and a potassium ion, which is detected on a surface of the resin pattern, is defined as 100%, a depth of presence of the at least one component selected from the group consisting of a sodium ion and a potassium ion in the resin pattern is 0.3 μm to 3.0 μm, the depth of presence being defined by a distance from the surface of the resin pattern to a point where the intensity of the at least one component selected from the group consisting of a sodium ion and a potassium ion first reaches 90%. Toyooka teaches (Table 4) a treatment time of developing the photosensitive layer is from 22 seconds to 50 seconds. Toyooka teaches (Paragraph [0506]) a temperature of the developer is 25oC. Toyooka teaches (Paragraphs [0435-0440]) post-exposure of the resin pattern. Toyooka teaches (Paragraphs [0435-0440]) post-baking of the resin pattern.
Conclusion
6. 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).
7. 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.
8. 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.
9. 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.
10. 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://portal.uspto.gov/external/portal. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
11. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/R.D.C./Examiner, Art Unit 1737