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 Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 16-23, 28-30, and 35 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Viehmann et al. (US 2021/0302834).
Regarding claim 1, Viehmann et al. disclose “an on-press development type lithographic printing plate precursor (abstract), comprising: a support (abstract); and an image-recording layer on the support (abstract), wherein the image-recording layer contains a coloring compound capable of having a coloring reaction with a decomposition product generated by exposure of the image-recording layer (abstract), and at least one of the image-recording layer or the optional outermost layer includes a decomposable compound that decomposes due to exposure to infrared (paragraph 59: cyanine dye).” Regarding claim 2, Viehmann et al. disclose “ an on-press development type lithographic printing plate precursor (abstract), comprising: a support (abstract); and an image-recording layer on the support (abstract), wherein the image-recording layer contains a compound represented by Formula 1C or Formula 2C (claim 2) and an electron-donating polymerization initiator (paragraph 76), and at least one of the image-recording layer or the optional outermost layer includes a decomposable compound that decomposes due to exposure to infrared (paragraph 59: cyanine dye),
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in Formula 1C and Formula 2C, R1C to R4C each independently represent a monovalent organic group, L1C and L2C each independently represent a divalent organic group, AC represents OH or NR5CR6C, R5C and R6C each independently represent a hydrogen atom or a monovalent organic group, and a dotted line portion represents a portion which may be a double bond (claim 2).” Regarding claim 3, Viehmann et al. further disclose “an on-press development type lithographic printing plate precursor (abstract), comprising: a support (abstract); and an image-recording layer on the support (abstract), wherein the image-recording layer exposed to infrared having a wavelength of 830 nm at an energy density of 110 mJ/cm2 (paragraphs 130 and 132) contains a complex which has, as a ligand, a compound represented by Formula 1C or Formula 2C (claim 2) or an anion formed by removal of one hydrogen atom from the compound represented by Formula 1C or Formula 2C (abstract), and at least one of the image-recording layer or the optional outermost layer includes a decomposable compound that decomposes due to exposure to infrared (paragraph 59: cyanine dye),
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in Formula 1C and Formula 2C, R1C to R4C each independently represent a monovalent organic group, L1C and L2C each independently represent a divalent organic group, AC represents OH or NR5CR6C, R5C and R6C each independently represent a hydrogen atom or a monovalent organic group, and a dotted line portion represents a portion which may be a double bond.” Regarding claims 4, 17, and 29, Viehmann et al. further disclose “wherein in a case where the on-press development type lithographic printing plate precursor is subjected to exposure to infrared having a wavelength of 830 nm at an energy density of 110 mJ/cm2, in a portion subjected to the exposure, a brightness change ΔL before the exposure and after storage subsequent to the exposure for 6 hours under conditions of 30° C. and 70% RH is 3 or more (paragraph 188 and Table IV).” Examiner notes that while Viehmann et al. do not disclose storing for 6 hours or that the storage conditions are at 30°C and 70% RH, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by an identical or substantially identical process, a prima facie case of either anticipation or obviousness has been established. See MPEP §2112.01. In this case, since the precursor of Viehmann et al. is at least substantially identical, the recited property is presumed inherent. Regarding claim 5, Viehmann et al. further disclose “wherein the electron-donating polymerization initiator includes a boron compound (paragraph 76).” Regarding claim 6, Viehmann et al. further disclose “wherein the electron-donating polymerization initiator includes a tetraphenylborate salt compound (paragraph 76).”
Regarding claim 7, 23, and 30, Viehmann et al. further disclose “wherein a total content of the compound represented by Formula 1C or Formula 2C is 0.05% by mass to 2.5% by mass with respect to a total mass of the image-recording layer (paragraph 97).” Regarding claim 8, Viehmann et al. further disclose “wherein the image-recording layer further contains an acid color developing agent (claim 19).” Regarding claim 9, Viehmann et al. further disclose “wherein the acid color developing agent includes a compound represented by Formula (Le-8),
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in Formula (Le-8), X1 to X4 each independently represent a hydrogen atom, a halogen atom, or a dialkylanilino group, Y1 and Y2 each independently represent C or N, X1 does not exist in a case where Y1 is N, X4 does not exist in a case where Y2 is N, Rb1 and Rb4 each independently represent a hydrogen atom, an alkyl group, an aryl group, or a heteroaryl group, and Rc1 and Rc2 each independently represent an aryl group or a heteroaryl group (Leuco dye 1, page 18).” Regarding claim 16, 28, and 35, Viehmann et al. disclose “a method of preparing a lithographic printing plate comprising: exposing the on-press development type lithographic printing plate precursor according to claim 2 (or claim 1, or claim 3, respectively) in a shape of an image (claim 20); and supplying at least one material selected from the group consisting of a printing ink and dampening water on a printer to remove the image-recording layer in a non-image area (claim 21).”
Regarding claim 18, Viehmann et al. further disclose “wherein the coloring reaction is a complex-forming reaction (abstract).” Regarding claim 19, Viehmann et al. further disclose “wherein the image-recording layer further contains a polymerization initiator (abstract), and the decomposition product generated by exposure is a decomposition product generated by exposure of the polymerization initiator (paragraph 78).” Regarding claim 20, Viehmann et al. further disclose “wherein the coloring compound is a compound having one or more ketone structures (paragraph 86, Formula III).” Regarding claim 21, Viehmann et al. further disclose “wherein the coloring compound is a compound represented by Formula 1C or Formula 2C (Formula III),
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in Formula 1C and Formula 2C, R1C to R4C each independently represent a monovalent organic group, L1C and L2C each independently represent a divalent organic group, AC represents OH or NR5CR6C, R5C and R6C each independently represent a hydrogen atom or a monovalent organic group, and a dotted line portion represents a portion which may be a double bond.” Regarding claim 22, Viehmann et al. further disclose “wherein a content of the coloring compound is 0.05% by mass to 2.5% by mass with respect to a total mass of the image-recording layer (paragraph 97).”
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.
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.
Claim(s) 10, 11, 13, 24, 25, 31, and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Viehmann et al. in view of Shibamoto et al. (WO 2018/092661) and Savariar-Hauck et al. (US 2012/0152139). For simplicity, the US-equivalent of Shibamoto et al., US 2019/0329545, will be used for citations. Regarding claims 10, 24, and 31, Viehmann et al. disclose all that is claimed, as in claims 2, 1, and 3 above, respectively, except wherein the image-recording layer contains an electron-accepting polymerization initiator, “wherein the electron-accepting polymerization initiator includes a compound represented by Formula (II),
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in Formula (II), XA represents a halogen atom, and RA represents an aryl group,” as in claim 11, or “wherein the polymerization initiator includes a compound that is a conjugate salt formed of a cation having a structure of an electron-accepting polymerization initiator and an anion having a structure of an electron-donating polymerization initiator,” as in claims 25 and 32. However, Shibamoto et al. disclose using both an electron-donating polymerization initiator and an electron-accepting polymerization initiator (abstract) in order to achieve a printing plate in which the image recording layer strength is high (paragraph 8). 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 the dual initiator system of Shibamoto et al. in the invention of Viehmann et al. to achieve a printing plate in which the image recording layer strength is high.
Additionally, Savariar-Huck et al. disclose that tribromomethylphenylsulfone (TBMPS) is useful as a coinitiator (paragraph 88). 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 TBMPS as the electron accepting polymerization initiator because it has been shown in the art to be suitable for the intended purpose. See MPEP §2144.07. Upon providing both coinitiators, in the mixture, the two will form a conjugate salt (ion pair). Regarding claim 13, Viehmann et al. further disclose “wherein the image-recording layer contains an electron-donating polymerization initiator as the polymerization initiator (paragraph 63)” and Shibamoto et al. further disclose “HOMO of the infrared absorber - HOMO of the electron-donating polymerization initiator is 0.70 eV or less (paragraph 318).”
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Viehmann et al. in view of Oshima et al. (US 2006/0024612) Regarding claim 12, Viehmann et al. further disclose “further comprising: an outermost layer on the image-recording layer (paragraph 112),” but fails to disclose “wherein the outermost layer contains a discoloring compound.” However, Oshima et al. teach adding printout image-forming compounds to both the image forming layer and the protective layer in order to enhance the printout image (paragraph 317). Therefore, at the time of the filing of the invention, it would have been obvious to one having ordinary skill in the art to add a discoloring compound (printout image-forming compound) to the protective layer in order to enhance the printout image.
Claim(s) 14, 15, 26, 27, 33 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Viehmann et al. in view of Kurokawa et al. (US 2012/0298001). Regarding claims 14, 26, and 27, Viehmann et al. disclose all that is claimed, as in claims 2, 1, and 3 above, respectively, including that the support has an anodic oxide film with pores (paragraph 45), but fails to disclose “wherein the support has an aluminum plate and an anodic oxide film of aluminum disposed on the aluminum plate, the anodic oxide film is at a position closer to a side of the image-recording layer than the aluminum plate and has micropores extending in a depth direction from a surface of the anodic oxide film on the side of the image-recording layer, and an average diameter of the micropores within the surface of the anodic oxide film is more than 10 nm and 100 nm or less.” However, Kurokawa et al. disclose using such a support (abstract) in order to provide excellent scratch resistance and on-press developability (abstract). 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 the support of Kurokawa et al. in the precursor of Viehmann et al. in order to have a precursor which as excellent printing durability, standing fouling resistance and on-press developability. Regarding claims 15, 27, and 34, Kurokawa et al. further disclose “wherein the micropores each have a large diameter portion that extends to a position at a depth of 10 nm to 1,000 nm from the surface of the anodic oxide film and a small diameter portion that is in communication with a bottom portion of the large diameter portion and extends to a position at a depth of 20 nm to 2,000 nm from a communicate position with the large diameter portion (abstract, Figure 1, paragraph 51), an average diameter of the large diameter portion within the surface of the anodic oxide film is 15 nm to 100 nm (paragraph 40), and an average diameter of the small diameter portion at the communicate position is 13 nm or less (paragraph 52).”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA D ZIMMERMAN whose telephone number is (571)272-2749. The examiner can normally be reached Monday-Thursday, 9:30AM-6:30PM, First Fridays: 9:30AM-5:30PM.
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/JOSHUA D ZIMMERMAN/ Primary Examiner, Art Unit 2853
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