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 .
Claim Status
Claims 1-3 are under consideration
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Sato (JP 2005221857 A, published 2005, references made to provided translation).
Regarding claims 1 and 3,
Sato teaches a photosensitive transfer material in which first and second photosensitive resin layers are stacked in this order on a temporary support, each of the first and second photosensitive resin layers contains at least a binder, a polymerizable monomer and a photopolymerization initiator, and a glass transition temperature of a main binder (instant resin A) in the binder of the second photosensitive resin layer (upper layer) is lower than that of a main binder (instant resin B) in the binder of the first photosensitive resin layer (lower layer) [abstract].
Examiner notes that the instant “water-soluble or water-dispersible” is very broad and would be expected to be encompassed by the binders (resins) of Sato.
Sato teaches a photosensitive transfer sheet (photosensitive transfer material) for transferring a photosensitive resin layer to a substrate as a photoresist (resist material) used in the production of printed wiring boards (metal wiring boards), planographic printing plates, resin relief plates, etc [page 1, paragraph 4]. Sato further teaches the unexposed (uncured) region of the photosensitive resin layer is removed, reading on instant claim 3.
Sato teaches forming a protective film (cover film) over their second photosensitive layer (upper layer) [page 5 paragraph 10].
Sato teaches the glass transition temperature of the main binder of the second photosensitive resin layer (Tg2) is 5 °C or more lower than the glass transition temperature of the main binder of the first photosensitive resin layer (Tg1) (resin B has a glass transition temperature higher than that of resin A by 5 °C or more) [page 2 paragraph 2].
Sato teaches Tg1 is preferably 50 to 180 ° C and Tg2 is preferably 30 to 175 ° C [page 2 paragraph 10], overlapping the instantly claimed ranges.
Sato teaches the upper layer may be 0.1 to 20 micrometers thick [page 5 paragraph 8], overlapping the instantly claimed range, reading on instant claim 1.
Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sato (JP 2005221857 A, published 2005) as applied to claim 1 above, and further in view of Yoshimoto (US20180236804A1, published 2018).
Regarding claim 2,
Sato teaches the above limitations set forth.
Sato fails to explicitly teach their resin A and B are those listed in instant claim 2.
Yoshimoto, analogous art, teaches a photosensitive resin composition for a relief printing original plate [abstract]. Yoshimoto teaches that as to the soluble polymer compound for the photosensitive resin composition, it has been proposed to use soluble polyamide, polyether urea urethane, completely saponified or partially saponified polyvinyl acetate, etc. Among them, a relief printing plate using soluble polyamide or polyether urea urethane has been used particularly preferably because it is excellent in abrasion resistance [0004], teaching benefits of using a known polymer in the art. Sato further teaches that a polyamide used in their relief printing plates may have a glass transition temperature (Tg) of 80 to 150° C [0036], well within the desired range of both Tg1 and Tg2 of both Sato and overlapping those of instant invention.
As both Yoshimoto and Sato teach polymers (binders) for use in a photosensitive resin composition for a relief printing original plate, it would have been obvious to a person of ordinary skill in the art to try using a polyamide or polyether urea urethane as taught Yoshimoto as the binders of Sato for the benefits disclosed by Yoshimoto, reading on instant claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP2016080803A teaches a dry film formed by laminating at least two different types of resin compositions, said dry film having at least one resin composition having a cured product glass transition point of less than 100 °C and at least one resin composition having a cured product glass transition point of 100 °C or more [abstract], and formed on a substrate (support) [0010], where the glass transition point is preferably in the range of 40 to 90 °C in one resin composition and 110 to 200 °C in another resin composition, it is preferable that the laminated structure of said 2 layer structure ( has an adhesive layer (A) which consists of an alkali developable resin composition, and a protective layer (B) which consists of photosensitive resin compositions. Furthermore, it is preferable that the laminated structure can be patterned by light irradiation [0011].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Lee whose telephone number is (571)272-2261. The examiner can normally be reached M-Th 7:30-5:30 EST.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571) 272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Alexander N. Lee/Examiner, Art Unit 1737
Prosecution Insights