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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/23/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to at least independent claims 21 and 31 have been considered, but are not persuasive. The new ground of rejection cites Takagi US 2020/0319387 (new citation of para.145) and Shiono US 2022/0179141 (new citation of figs.1-5 instead of figs.1,4 and 5) as teaching the amended claim limitations in claims 21 and 31.
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) 21-22, 25-27 and 30-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiono US 2022/0179141 in view of Takagi US 2020/0319387.
Regarding claim 21, Shiono discloses a light absorber (11), in figs.1-5, comprising a resin and a light absorbent dispersed in the resin (see table 9),
wherein a first transmitted light incident on a single layer (10A-10C) includes the light absorber at an incident angle of 0° has a first transmission spectrum (para.284 and 260),
the first transmission spectrum satisfies the following requirements (I), (II), (III), and (IV):
(I) an average transmittance of 78% or more across a wavelength range of 480 nm to 580 nm (see figs.4 and 5);
(II) a maximum transmittance of 1% or less across a wavelength range of 350 nm to 380 nm (see figs.4 and 5);
(III) a maximum transmittance of 3% or less across a wavelength range of 800 nm to 1100 nm (see figs.4 and 5); and
(IV) a transmittance of 10% or less at a wavelength of 400 nm (see figs.4 and 5), and
the first transmission spectrum further has a wavelength (A) at which a transmittance is 50% in a wavelength range of 680 nm to 760 nm (see figs.4 and 5).
Shiono does not explicitly disclose the maximum transmittance of 3% or less across the wavelength range of 800 nm to 1200 nm and the single layer consisting of the light absorber.
Takagi discloses a light absorber, in at least figs.1A-4E and 14A-14B, the maximum transmittance of 3% or less across the wavelength range of 800 nm to 1200 nm (see figures.14A-14B and table 36 and para.222) and the single layer (1e) consisting of the light absorber (10, in fig.1E)(see para.145 discloses the single layer can be any kinds of 1a-1f shown in figs.1A-1F are configured in the same manner and the same description, which means the single layer having the light absorber 10 with or without other layers, such as transparent substrate 20, reflecting film 40 and antireflection film 30, does not affect the characteristic/function/property of the single layer) for the purpose of forming a light absorber (para.229) and having achievement of lower imaging apparatuses (para.149).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the maximum transmittance of 3% or less across the wavelength range of 800 nm to 1200 nm and the single layer consisting of the light absorber as taught by Takagi in the light absorber of Shiono for the purpose of forming a light absorber and having achievement of lower imaging apparatuses.
Regarding claim 22, Shiono discloses the first transmission spectrum further has a wavelength (B) at which a transmittance is 50% in a wavelength range of 405 nm to 480 nm (see figs.4 and 5).
Regarding claim 25, Shiono discloses the transmission spectrum satisfies the following requirements (VIII), (IX), and (X):
(VIII) a ratio of a transmittance at a wavelength of 550 nm to a transmittance at a wavelength of 400 nm is 8 or more (see figs.4 and 5);
(IX) a ratio of the transmittance at a wavelength of 550 nm to a transmittance at a wavelength of 800 nm is 8 or more (see figs.4 and 5); and
(X) a ratio of a transmittance at a wavelength of 680 nm to the transmittance at a wavelength of 800 nm is 8 or more (see figs.4 and 5).
Regarding claim 26, Shiono discloses a first reflected light incident on the light absorber at an incident angle of 0° has a first reflectance spectrum, and the first reflectance spectrum has a maximum reflectance of 20% or less across a wavelength range of 800 nm to 1000 nm (see figs.4 and 5).
Regarding claim 27, Shiono discloses a second transmitted light incident on the light absorber at an incident angle of 35° has a second transmission spectrum, the second transmission spectrum has a wavelength (C) at which a transmittance is 50% in a wavelength range of 350 nm to 480 nm and a wavelength (D) at which a transmittance is 50% in a wavelength range of 600 nm to 800 nm, a first absolute value of a difference between the wavelength (C) and the wavelength (B) is 5 nm or less (para.208 and 220, the result of incident angle of 35° is similar to the result of an incident angle of 30°), and a second absolute value of a difference between the wavelength (D) and the wavelength (A) is 10 nm or less (para.206 and 218, the result of incident angle of 35 degree is similar to the result of an incident angle of 30° ).
Regarding claim 30, Shiono discloses an article (12) with a light absorber, comprising: an article (12); and the light absorber according to claim 21 (see rejection of claim 21 above), provided on at least a portion of a surface of the article (see figs.1-3).
Regarding claim 31, Shiono discloses a light-absorbing composition (11), in figs.1-5, comprising: a resin and a light absorbent (see table 9), wherein the light-absorbing composition is capable of being cured to form a light absorber (see table 9),
a first transmitted light incident on a single layer (10A-10C) includes the light absorber at an incident angle of 0° has a first transmission spectrum (para.284 and 260),
the first transmission spectrum satisfies the following requirements (i), (ii), (iii), and (iv):
(i) an average transmittance of 78% or more across a wavelength range of 480 nm to 580 nm (see figs.4 and 5);
(ii) a maximum transmittance of 1% or less across a wavelength range of 350 nm to 380 nm (see figs.4 and 5);
(iii) a maximum transmittance of 3% or less across a wavelength range of 800 nm to 1100 nm (see figs.4 and 5); and
(iv) a transmittance of 10% or less at a wavelength of 400 nm (see figs.4 and 5), and
the first transmission spectrum further has a wavelength (a) at which a transmittance is 50% in a wavelength range of 680 nm to 760 nm (see figs.4 and 5).
Shiono does not explicitly disclose the maximum transmittance of 3% or less across the wavelength range of 800 nm to 1200 nm and the single layer consisting of the light absorber.
Takagi discloses a light-absorbing composition, in at least figs.1A-4E and 14A-14B, the maximum transmittance of 3% or less across the wavelength range of 800 nm to 1200 nm (see figures.14A-14B and table 36 and para.222) and the single layer (1e) consisting of the light absorber (10, in fig.1E)(see para.145 discloses the single layer can be any kinds of 1a-1f shown in figs.1A-1F are configured in the same manner and the same description, which means the single layer having the light absorber 10 with or without other layers, such as transparent substrate 20, reflecting film 40 and antireflection film 30, does not affect the characteristic/function/property of the single layer) for the purpose of forming a light absorber (para.229) and having achievement of lower imaging apparatuses (para.149).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the maximum transmittance of 3% or less across the wavelength range of 800 nm to 1200 nm and the single layer consisting of the light absorber as taught by Takagi in the light-absorbing composition of Shiono for the purpose of forming a light absorber and having achievement of lower imaging apparatuses.
Regarding claim 32, Shiono discloses the first transmission spectrum further has a wavelength (b) at which a transmittance is 50% in a wavelength range of 405 nm to 480 nm (see figs.4 and 5).
Regarding claim 33, Shiono discloses the transmission spectrum satisfies the following requirements (VIII), (IX), and (X):
(VIII) a ratio of a transmittance at a wavelength of 550 nm to a transmittance at a wavelength of 400 nm is 8 or more (see figs.4 and 5);
(IX) a ratio of the transmittance at a wavelength of 550 nm to a transmittance at a wavelength of 800 nm is 8 or more (see figs.4 and 5); and
(X) a ratio of a transmittance at a wavelength of 680 nm to the transmittance at the wavelength of 800 nm is 8 or more (see figs.4 and 5).
Regarding claim 34, Shiono discloses a first reflected light incident on the light absorber at an incident angle of 0° has a first reflectance spectrum, and the first reflectance spectrum has a maximum reflectance of 20% or less across a wavelength range of 800 nm to 1000 nm (see figs.4 and 5).
Regarding claim 35, Shiono discloses a second transmitted light incident on the light absorber at an incident angle of 35° has a second transmission spectrum, the second transmission spectrum has a wavelength (c) at which a transmittance is 50% in a wavelength range of 350 nm to 480 nm and a wavelength (d) at which a transmittance is 50% in a wavelength range of 600 nm to 800 nm, a first absolute value of a difference between the wavelength (c) and the wavelength (b) is 5 nm or less (para.208 and 220, the result of incident angle of 35 degree is similar to the result of an incident angle of 30°), and a second absolute value of a difference between the wavelength (d) and the wavelength (a) is 10nm or less (para.206 and 218, the result of incident angle of 35° is similar to the result of an incident angle of 30°).
Claim(s) 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiono US 2022/0179141 in view of Takagi US 2020/0319387 as applied to claim 21 above, and further in view of Hayashi US 2021/0024754.
Regarding claims 28 and 29, Shiono discloses an ultraviolet absorbent (para.70 and 147-148) including a compound that has a hydroxy group and a carbonyl group in a molecule (para.149 discloses at least merocyanine dyes, naphthalimide dyes, naphthalic acid dyes including a compound that has a hydroxy group and a carbonyl group in a molecule).
Shiono in view of Takagi does not explicitly disclose a light absorber further comprising at least one metal component other than copper and phosphorus; and the metal component other than copper is at least one selected from the group consisting of Al, Ti, Zr, Zn, Sn, and Fe.
Hayashi discloses a light-absorber, a light absorber further comprising at least one metal component other than copper and phosphorus (para.4, 25 and 42); and the metal component other than copper is at least one selected from the group consisting of Al, Ti, Zr, Zn, Sn, and Fe (para.4, 25 and 42) for the purpose of improving dispersion stability of the light absorbing composition, suppressing aggregation of the light absorber, reducing haze of the thin film formed from the light absorbing composition, and achieving improvement in visible light transmittance (para.25).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a light absorber further comprising at least one metal component other than copper and phosphorus; and the metal component other than copper is at least one selected from the group consisting of Al, Ti, Zr, Zn, Sn, and Fe as taught by Hayashi in the light-absorber of Shiono in view of Takagi for the purpose of improving dispersion stability of the light absorbing composition, suppressing aggregation of the light absorber, reducing haze of the thin film formed from the light absorbing composition, and achieving improvement in visible light transmittance.
Claim(s) 36-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiono US 2022/0179141 in view of Takagi US 2020/0319387 as applied to claim 31 above, and further in view of Hayashi US 2021/0024754.
Regarding claim 36, Shiono discloses further comprising: an ultraviolet absorbent capable of absorbing at least a portion of ultraviolet (para.70 and 147-148).
Takagi discloses the light absorbent includes a light-absorbing compound that includes a phosphonic acid and a copper component (para.125) for the purpose of forming a light-absorbing layer (para.125,127 and 129). The reason for combining is the same as claim 31.
Shiono in view of Takagi does not explicitly disclose at least one selected from the group consisting of an alkoxide including a metal component other than copper and a hydrolysate of the alkoxide.
Hayashi discloses a light-absorbing composition, at least one selected from the group consisting of an alkoxide including a metal component other than copper and a hydrolysate of the alkoxide (para.4, 25 and 42) for the purpose of improving dispersion stability of the light absorbing composition, suppressing aggregation of the light absorber, reducing haze of the thin film formed from the light absorbing composition, and achieving improvement in visible light transmittance (para.25).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least one selected from the group consisting of an alkoxide including a metal component other than copper and a hydrolysate of the alkoxide as taught by Hayashi in the light-absorbing composition of Shiono in view of Takagi for the purpose of improving dispersion stability of the light absorbing composition, suppressing aggregation of the light absorber, reducing haze of the thin film formed from the light absorbing composition, and achieving improvement in visible light transmittance.
Regarding claim 37, Shiono discloses the ultraviolet absorbent includes a compound that has a hydroxy group and a carbonyl group in a molecule (para.149 discloses at least merocyanine dyes, naphthalimide dyes, naphthalic acid dyes including a compound that has a hydroxy group and a carbonyl group in a molecule).
Regarding claim 38, Shiono discloses the first transmission spectrum further has a wavelength (b) at which a transmittance is 50% in a wavelength range of 405 nm to 480 nm (see figs.4 and 5),
a composition that includes the ultraviolet absorbent and that does not include the alkoxide and the hydrolysate of the alkoxide is cured to form a reference light absorber (para.70 and 147-148),
a second transmitted light incident on the reference light absorber at an incident angle of 0° has a second transmission spectrum (see figs.4 and 5),
the second transmission spectrum has a wavelength (e) at which a transmittance is 50% in a wavelength range of 350 nm to 480 nm (see figs.4 and 5), and
an absolute value of a difference between the wavelength (e) and the wavelength (b)(see figs.4 and 5).
Shiono in view of Takagi and Hayashi does not explicitly the absolute value is 20 nm or more. However, one of ordinary skill in the art would have been led to the absolute value is 20 nm or more through routine experimentation and optimization, in re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The Applicant has not disclosed that the range is for a particular unobvious purpose, produce an unexpected/significant result, or are otherwise critical, and it appears prima facie that the process would possess utility using another range. Indeed, it has been held that mere range limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the absolute value is 20 nm or more in the light-absorbing composition of Shiono in view of Takagi and Hayashi for the purpose of improving dispersion stability of the light absorbing composition, suppressing aggregation of the light absorber, reducing haze of the thin film formed from the light absorbing composition, and achieving improvement in visible light transmittance (para.25 of Hayashi).
Contact Information
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takagi US 2020/0319387, Kubo US 20200158930 (figs.1-2, 6, 7, 9-11 and claim 1 teach spectral transmittance is 50% is in the wavelength range of 620 nm to 680 nm and (III)) and Kubo US 20200233130 (figs.1A-2 and 6-9 and claim 1 teach spectral transmittance is 50% is in the wavelength range of 620 nm to 680 nm and (III)) can be primary reference.
TAKAGI US 20200333516 (figs.1-3, 19A and 19B and table 32 teach (III)) and Shiono US 2022/0179141 can be a secondary reference as well.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIA X PAN whose telephone number is (571)270-7574. The examiner can normally be reached M-F: 11:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Caley can be reached at (571)272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIA X PAN/Primary Examiner, Art Unit 2871
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