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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
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) 1, 3-5, 8-12, 14-16 and 21is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakaguchi (WO2020/111259) in view of Yamasaki et al. (US 2005/0048398). Regarding claims 1, 3, and 16, Sakaguchi discloses “an on-press development type lithographic printing plate precursor (paragraph 400) comprising: a support (paragraph 18); and an image-recording layer on the support (paragraph 18), wherein the image-recording layer contains a polymerization initiator (paragraph 18), an infrared absorber (paragraph 18), a color forming substance precursor (paragraph 241), and an auxiliary capable of donating an electron to the infrared absorber (paragraph 128), and a layer in contact with the support on the image-recording layer side, other than the image-recording layer, contains a polymer having an ethylenically unsaturated group (paragraph 397).” Sakaguchi fails to explicitly disclose that the layer in contact with the support on the image-recording side, other than the image-recording layer, also contains a water-soluble monofunctional monomer. However, Sakaguchi further discloses that the compounds used in the undercoat layer can be used in combination of two or more (paragraph 394), and discloses that low molecular compounds with an ethylenically unsaturated bond group can also preferably be used, especially the compounds used in JPA2005-238816 (paragraph 396). Yamasaki et al. is the corresponding US document of JPA2005-238816. Yamasaki et al. disclose compounds including “a water-soluble monofunctional monomer (Formula III).” Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to also use the compound 1 of Yamasaki et al. with the polymer of Sakaguchi to form the undercoat layer because Sakaguchi specifically suggests using the compounds of the undercoat layer in combinations of two or more, and specifically suggests using the compounds of Yamasaki et al. The compound of Yamasaki et al. “has a support absorptive group (Formula III)” that is “-OPO3H2 (paragraph 87).” Sakaguchi also fails to disclose “wherein the polymer having an ethylenically unsaturated group has a polyalkylene oxide chain,” or “wherein the polymer having an ethylenically unsaturated group is a polymer having a constitutional unit having the polyalkylene oxide chain and a constitutional unit having the ethylenically unsaturated group (as in claim 3),” but does disclose that the polymer has a hydrophilic chain and a chain with an ethylenically unsaturated bond (paragraph 395). However, in a similar polymer in the image recording layer, Sakaguchi teaches that the hydrophilic group should have a polyalkylene oxide structure in order to achieve better printing durability (paragraphs 45-47). Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to use as the hydrophilic constitutional unit one with a polyalkylene oxide structure in order to achieve better printing durability.
Regarding claims 4, 5, and 21, Sakaguchi further discloses providing the undercoat layer in an amount of 0.1 mg/m2 to 100 mg/m2 (paragraph 399), but fails to disclose the specific amount of the polymer, as in claim 4, or the ratio MB/MA, as recited in claims 5 and 21. However, it has been held that when the general conditions are disclosed in the art, it is not inventive to discover the optimum or workable ranges through routine experimentation. See MPEP §2144.05. Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to set the content of the polymer to 1 mg/m2 to 30 mg/m2 in order to determine the optimum or workable range of the content of polymer in the undercoat, and also to set the ratio to between 1.2 to 5 in order to determine the optimum or workable range of the ratio. Regarding claim 8, Sakaguchi further discloses “wherein the polymer having an ethylenically unsaturated group and the water-soluble monofunctional monomer are present on the surface of the support on the image-recording layer side (paragraph 394).” Regarding claim 9, Sakaguchi further discloses “wherein the polymer having an ethylenically unsaturated group and the water-soluble monofunctional monomer are absorbed on the surface of the support on the image-recording layer side (paragraph 394).” Regarding claim 10, Sakaguchi further discloses “further comprising: an undercoat layer between the support and the image-recording layer, wherein the undercoat layer contains the polymer having an ethylenically unsaturated group and the water-soluble monofunctional monomer (paragraph 394; see the discussion above with respect to how Examiner interprets using both compounds together in the undercoat layer).” Regarding claim 11, Sakaguchi further discloses “wherein the polymerization initiator is an onium compound (paragraph 101).” Regarding claim 12, Sakaguchi further discloses “wherein the auxiliary capable of donating an electron to the infrared absorber is a borate compound (paragraph 128).” Regarding claim 14, Sakaguchi discloses “a method of preparing a lithographic printing plate (paragraph 400), comprising: a step of exposing the on-press development type lithographic printing plate precursor according to claim 1 in a shape of an image (paragraph 400); and a step of supplying at least one selected from the group consisting of a printing ink and dampening water on a printer to remove an image-recording layer in a non-image area (paragraph 400).” Regarding claim 15, Sakaguchi discloses “a lithographic printing method (paragraph 400) comprising: a step of exposing the on-press development type lithographic printing plate precursor according to claim 1 in a shape of an image (paragraph 400); a step of supplying at least one selected from the group consisting of a printing ink and dampening water on a printer to remove an image-recording layer in a non-image area and to prepare a lithographic printing plate (paragraph 400); and a step of performing printing using the obtained lithographic printing plate (paragraph 405).”
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakaguchi and Yamasaki et al., further in view of Enomoto et al. (WO2020/262692). The US-equivalent of Enomoto et al., US 2022/0111629, will be used for citations. Regarding claim 13, Sakaguchi, as modified, discloses all that is claimed, as in claim 1 above, except “wherein a molar absorption coefficient ɛ of a color forming substance generated from the color forming substance precursor is 35,000 or more, a ring-opening ratio of the color forming substance precursor, which is obtained by the following expression, is 40 mol% to 99 mol%, and a maximum absorption wavelength of the color forming substance generated from the color forming substance precursor, in a wavelength range of 380 nm to 750 nm, is 500 nm to 650 nm, ring-opening ratio = molar absorption coefficient of the color forming substance obtained in case of adding 1 molar equivalent of acid to the color forming substance precursor/molar absorption coefficient ɛ of the color forming substance generated from the color forming substance precursor x 100.” Enomoto et al. disclose using a color forming substance generated from the color forming substance precursor having the recited properties in order to achieve desired visibility (paragraphs 157, 166, and 167). Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to use a color forming substance generated from the color forming substance precursor in order to achieve desired visibility.
Claim(s) 1, 3-5, 8-12, and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakaguchi (WO2020/111259) in view of Tsuji et al. (JPH1130858A). Regarding claims 1, 3, 16, and 17 Sakaguchi discloses “an on-press development type lithographic printing plate precursor (paragraph 400) comprising: a support (paragraph 18); and an image-recording layer on the support (paragraph 18), wherein the image-recording layer contains a polymerization initiator (paragraph 18), an infrared absorber (paragraph 18), a color forming substance precursor (paragraph 241), and an auxiliary capable of donating an electron to the infrared absorber (paragraph 128), and a layer in contact with the support on the image-recording layer side, other than the image-recording layer, contains a polymer having an ethylenically unsaturated group (paragraph 397).” Sakaguchi fails to explicitly disclose that the layer in contact with the support on the image-recording side, other than the image-recording layer, also contains a water-soluble monofunctional monomer. However, Sakaguchi further discloses that the compounds used in the undercoat layer can be a polymer OR a low-molecular weight compound, and can be used in combination of two or more (paragraph 394) in order to strengthen the adhesion between the support and the image recording layer (paragraph 393). Tsuji et al. disclose adding a monomer which is a phosphate ester having at least one (meth)acryloyl group (paragraph 10), and exemplifies methacryloxyethyl phosphate (paragraph 14) in order to improve adhesion to the substrate (paragraph 1). It has been held that selection based upon a suitability for an intended purpose is prima facie obvious. See MPEP §2144.07. Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to use methacryloxyethyl phosphate as the low molecular weight compound for improving adhesion to the substrate because it has been shown in the art to be suitable for the intended purpose. The compound of Tsuji et al. “has a support absorptive group (Formula III)” that is “-OPO3H2 (paragraph 14)” and has an ethylenically unsaturated group that is a (meth)acryloxy group (paragraph 14). Sakaguchi also fails to disclose “wherein the polymer having an ethylenically unsaturated group has a polyalkylene oxide chain,” or “wherein the polymer having an ethylenically unsaturated group is a polymer having a constitutional unit having the polyalkylene oxide chain and a constitutional unit having the ethylenically unsaturated group (as in claim 3),” but does disclose that the polymer has a hydrophilic chain and a chain with an ethylenically unsaturated bond (paragraph 395). However, in a similar polymer in the image recording layer, Sakaguchi teaches that the hydrophilic group should have a polyalkylene oxide structure in order to achieve better printing durability (paragraphs 45-47). Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to use as the hydrophilic constitutional unit one with a polyalkylene oxide structure in order to achieve better printing durability.
Regarding claims 4, 5, and 21, Sakaguchi further discloses providing the undercoat layer in an amount of 0.1 mg/m2 to 100 mg/m2 (paragraph 399), but fails to disclose the specific amount of the polymer, as in claim 4, or the ratio MB/MA, as recited in claims 5 and 21. However, it has been held that when the general conditions are disclosed in the art, it is not inventive to discover the optimum or workable ranges through routine experimentation. See MPEP §2144.05. Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to set the content of the polymer to 1 mg/m2 to 30 mg/m2 in order to determine the optimum or workable range of the content of polymer in the undercoat, and also to set the ratio to between 1.2 to 5 in order to determine the optimum or workable range of the ratio. Regarding claim 8, Sakaguchi further discloses “wherein the polymer having an ethylenically unsaturated group and the water-soluble monofunctional monomer are present on the surface of the support on the image-recording layer side (paragraph 394).” Regarding claim 9, Sakaguchi further discloses “wherein the polymer having an ethylenically unsaturated group and the water-soluble monofunctional monomer are absorbed on the surface of the support on the image-recording layer side (paragraph 394).” Regarding claim 10, Sakaguchi further discloses “further comprising: an undercoat layer between the support and the image-recording layer, wherein the undercoat layer contains the polymer having an ethylenically unsaturated group and the water-soluble monofunctional monomer (paragraph 394; see the discussion above with respect to how Examiner interprets using both compounds together in the undercoat layer).” Regarding claim 11, Sakaguchi further discloses “wherein the polymerization initiator is an onium compound (paragraph 101).” Regarding claim 12, Sakaguchi further discloses “wherein the auxiliary capable of donating an electron to the infrared absorber is a borate compound (paragraph 128).” Regarding claim 14, Sakaguchi discloses “a method of preparing a lithographic printing plate (paragraph 400), comprising: a step of exposing the on-press development type lithographic printing plate precursor according to claim 1 in a shape of an image (paragraph 400); and a step of supplying at least one selected from the group consisting of a printing ink and dampening water on a printer to remove an image-recording layer in a non-image area (paragraph 400).” Regarding claim 15, Sakaguchi discloses “a lithographic printing method (paragraph 400) comprising: a step of exposing the on-press development type lithographic printing plate precursor according to claim 1 in a shape of an image (paragraph 400); a step of supplying at least one selected from the group consisting of a printing ink and dampening water on a printer to remove an image-recording layer in a non-image area and to prepare a lithographic printing plate (paragraph 400); and a step of performing printing using the obtained lithographic printing plate (paragraph 405).” Regarding claim 18, Tsuji et al. further disclose “wherein the water-soluble monofunctional monomer is a compound represented by Formula (I) or Formula (II):
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15
18
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75
144
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12
23
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60
96
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wherein, in Formula (I), R1, R2, and R3 each independently represent a hydrogen atom, a halogen atom, or an alkyl group having 1 to 6 carbon atoms, X represents an oxygen atom (-0-) or imino (-NH-), L represents a divalent linking group, Z represents a support absorptive group, and Y represents a carbon atom or a nitrogen atom (paragraph 14, Formula 1A, methacryloxyethyl phosphate).” Regarding claim 19, Tsuji et al. further disclose “wherein the water-soluble monofunctional monomer is a compound represented by Formula (I) (paragraph 14: methacryloxyethyl phosphate).” Regarding claim 20, Tsuji et al. further disclose “wherein: the support absorptive group contained in the water-soluble monofunctional monomer is an acid group (paragraph 14: methacryloxyethyl phosphate), and the acid group is a phosphate ester group or a metal salt thereof (paragraph 14: methacryloxyethyl phosphate).”
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakaguchi and Tsuji et al., further in view of Enomoto et al. (WO2020/262692). The US-equivalent of Enomoto et al., US 2022/0111629, will be used for citations. Regarding claim 13, Sakaguchi, as modified, discloses all that is claimed, as in claim 1 above, except “wherein a molar absorption coefficient ɛ of a color forming substance generated from the color forming substance precursor is 35,000 or more, a ring-opening ratio of the color forming substance precursor, which is obtained by the following expression, is 40 mol% to 99 mol%, and a maximum absorption wavelength of the color forming substance generated from the color forming substance precursor, in a wavelength range of 380 nm to 750 nm, is 500 nm to 650 nm, ring-opening ratio = molar absorption coefficient of the color forming substance obtained in case of adding 1 molar equivalent of acid to the color forming substance precursor/molar absorption coefficient ɛ of the color forming substance generated from the color forming substance precursor x 100.” Enomoto et al. disclose using a color forming substance generated from the color forming substance precursor having the recited properties in order to achieve desired visibility (paragraphs 157, 166, and 167). Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to use a color forming substance generated from the color forming substance precursor in order to achieve desired visibility.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are moot in view of the new grounds of rejection.
Conclusion
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/JOSHUA D ZIMMERMAN/ Primary Examiner, Art Unit 2853