Ex Parte Callant et al

Patent Trial and Appeal Board

May 17, 2018

14433084 (P.T.A.B. May. 17, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/433,084 04/02/2015
60405 7590 05/21/2018
AGFA
c/o KEATING & BENNETT, LLP
1800 Alexander Bell Drive
SUITE 200
Reston, VA 20191
FIRST NAMED INVENTOR
Paul Callant
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
55505.356 5254
EXAMINER
ANGEBRANNDT, MARTIN J
ART UNIT PAPER NUMBER
1737
NOTIFICATION DATE DELIVERY MODE
05/21/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
JKEATING@KBIPLA W.COM
uspto@kbiplaw.com
sfunk@kbiplaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE
THE PATENT TRIAL AND APPEAL BOARD
Ex parte PAUL CALLANT
and Bart Wamnans 1
Appeal2017-005915
Application 14/433,084
Technology Center 1700
Before MARK NAGUMO, JEFFREY B. ROBERTSON, and
JANEE. INGLESE, Administrative Patent Judges.
NAGUMO, Administrative Patent Judge.
DECISION ON APPEAL
Agfa-Gevaert ("Callant") timely appeals under 35 U.S.C. § 134(a)
from the Final Rejection2 of claims 16-18, 21, and 27-35. 3 We have
jurisdiction. 35 U.S.C. § 6. We affirm.
1 The applicant under 3 7 C.F .R. § 1.46, and hence the appellant under
35 U.S.C. § 134, is the real party in interest, identified as Agfa-Gevaert
("Agfa"). (Appeal Brief, filed 15 November 2016 ("Br."), 2.)
2 Office Action mailed 20 May 2016 ("Final Rejection"; cited as "FR").
3 Remaining copending claims 19, 20, 22, and 23 have been withdrawn
from consideration by the Examiner (FR 1, § 5a), and are not before us.
Appeal2017-005915
Application 14/433,084
A. Introduction4
OPINION
The subject matter on appeal relates to laser marking of articles to
produce multicolor markings having a high color gamut (i.e., a wide range of
reproducible colors) and minor background discoloration. (Spec. 4--
5 [0017].) The markable parts of the articles comprise a leuco dye 5 and an
infrared ("IR") dye having an absorption maximum at a wavelength longer
than 1100 nm. The IR dye absorbs IR radiation, e.g., from a laser, and
releases the energy as heat. The heat then transforms nearby leuco dye
molecules to their colored states. The three-color markable article described
in Example 3 is illustrated in Figure 3, below .
. ,, '~">'''''''=:~=,~=~~ ......... 3_:6
~:.:.'""<'"'-"'"''~~"'"'='===""""','"?,3a
.. .. + /33
-~-j ..
{Figure 3 shows the structure of the three-color markable article described in
Example 3 of the '084 Specification}
4 Application 14/433,084, Infrared dyes for laser marking,
filed 2 April 2015 as the national stage under 35 U.S.C. § 371 of
PCT/EP2013/071129, filed 10 October 2013, claiming the benefit of a
provisional application filed 29 October 2012. We refer to the
"'084 Specification," which we cite as "Spec."
5 "The term 'leuco dye' ... refers to compounds which can change from
essentially colourless to coloured when heated." (Spec. 6 [0027].)
2
Appeal2017-005915
Application 14/433,084
Leuco dyes that transform from colorless to magenta, blue, and yellow are
provided in three separate layers 356, 37, and 38. (Spec. 80 [0264]
and 81 [0267].) Each layer is also provided with an IR dye having,
respectively, a wavelength of maximum absorption at 93 0 nm, 1050 nm,
and 1140 nm. (Id. at 82-83 [0276].) The layers are provided on transparent
polymeric substrates 34 and 36, which in tum are supported by opaque
core 33. (Id. at 6 [0023].) Optional adhesive foil 39 may carry a security
feature. (Id.; see also 44 [0122]--45 [0128], and 81 [0269].)
The absorption spectrum of the markable laminate is shown in
Figure 4, below.
~::::c==---~~=
.ig 1,20 : ---------------------------------------------------------------
~ 1. oa r-~~---- ------- ,_._......... :···!~;~~f ~-~:.:L ______________________________ _
... : a o,ao -i----- -------------······-------------···---···-------------------- -------------~--------">------
i 0.60 ··l-·---·-·-·-·---·-·-·-·-·-· ·:·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.·--------------------------- ------ -----
·U : i 0.40 ·-r----------------- ----------------_-:::::·----------------- -----------------·---···-·--···------------------------------------------ --------------------
0 ·'i-o -' ----· ~k l
c~ '00 --~·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-1·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1:·-·------------·--r---------,---~---------,--·-·----·-·-·-·-·-·-·-·-·.,.·.·-·-·-·-·-·-·-·-·-·-·-·.·-;-·-·-·-·-·-·-·.·.·.·.·.·.·.·.·.·~·-·.·.·.·.·.·.·.· ............. ') .......................... ·.·.·~---· ............................... ;
::mo 400 50-D 600 nm soo eoo wuo 1 HJO 1 200 noo ·1400 1500
Wavelength (nm}
{Figure 4 shows the absorption spectrum from 300 nm to 1500 nm of the
three-color markable article shown in Figure 3}
The absorption spectrum is substantially flat between about 400 nm and
about 700 nm; and the laminate is described as being light gray. (Spec. 82-
83 [0276].) The Specification points out that the wavelengths of maximum
absorption differ by at least 90 nm. (Id.) Exposure to laser light at 920 nm
6 Throughout this Opinion, for clarity, labels to elements are presented in
bold font, regardless of their presentation in the original document.
3
Appeal2017-005915
Application 14/433,084
produced magenta-colored squares (id. at 81 [0272]); exposure to laser light
at 1064 nm produced blue-colored squares (id. at 81-82 [0273]); and
exposure to laser light at 1154 nm produced yellow-colored squares
(id. at 82 [0274]). No color contamination was observed, i.e., the exposure
at 920 nm did not result in any blue or yellow color formation, and so forth.
(Id. at [0275].)
The '084 Specification indicates that it is desirable to expose the
articles to laser beams having wavelengths greater than 700 nm and "at least
about 60 nm apart so that each imaging layer having a different infrared
absorber may be exposed separately." (Id. at 2-3 [0008].) The Specification
explains that dyes with absorption maxima below about 830 nm tend to
absorb light in the visible part of the spectrum, which can result in
"annoying background discoloration." (Id. at 3 [0010].) Moreover, the
inventors state, "to the best of our knowledge infrared dyes with an
absorption maximum above 1100 nm having minor or no absorption in the
visual spectrum are not available or known." (Id. at [0011].)
The '084 Specification acknowledges that Tsuboi7 describes a
reversible multicolor thermal recording medium that can be exposed to near
infrared radiation between 750 nm and 1500 nm. (Id. at 3--4 [0012].)
However, the Specification emphasizes, the multicolor thermal recording
media described by Tsuboi are reversible and unsuitable for security
markings intended to ensure product safety and authenticity. The
7 Full cite at 6 n.12, post.
4
Appeal2017-005915
Application 14/433,084
Specification notes further that Tsuboi exemplifies only infrared dyes having
an absorption maximum between 785 nm and 980 nm. (Id.)
Callant seeks patent protection for laser markable layers that have,
inter alia, a high color gamut and minor background discoloration
Claim 16 is representative and reads in most relevant part8:
A laser markable layer comprising:
a leuco dye; and
an infrared dye including:
a chemical structure A-B-C consisting of a dye cation
and an anion to compensate for a charge of the dye
cation; wherein
* * * * *
the infrared dye has an absorption maximum in an
infrared region Amax(IR) of more than 1100 nm as
measured by absorption spectroscopy in methylene
chloride including 6.5 x 1 o-6 wt% of methanesulfonic
acid based on a total weight of methylenechloride.
(Claims App., Br. 13-17; some indentation, paragraphing, and emphasis
added.)
Claim 16 requires only two elements: a leuco dye and an IR dye
(having a structure specified over nearly five full pages), with the recited
wavelength of maximum absorption condition. The Examiner required an
election of species of IR dye (FR 4--7), and examination proceeded with the
IR dye IR-IC, shown on the following page.
8 A complete copy of claim 16, including the text and chemical formulas
represented by the asterisks, is provided in the Appendix to this Opinion.
5
Appeal2017-005915
Application 14/433,084
{The drawing shows the chemical structure of IR dye IR-IC}
The dye IR-1 Chas an absorption maximum under the conditions recited in
claim 16of1120 nm. (Spec. 74 [0239].)
The Examiner maintains the following grounds of rejection9' lo, 11 :
A. Claims 16-18, 21, and 27-35 stand rejected under
35 U.S.C. § 103(a) in view of the combined teachings of
Tsuboi 12 and Roschger. 13
Al. Claims 16-18, 21, and 27-35 stand rejected under
35 U.S.C. § 103(a) in view of the combined teachings of
Tsuboi, Roschger, and Kasperchik. 14
9 Examiner's Answer mailed 28 December 2016 ("Ans.").
10 Because this application has an effective filing date before
the 16 March 2013, effective date of the America Invents Act, we refer to
the pre-AIA version of the statute.
11 Two provisional obviousness-type double patenting rejections have been
withdrawn (Ans. 5---6), one in response to the filing of a terminal disclaimer,
and the other in response to Callant's arguments (Br. 12, i-fi-f l-3).
12 Hisanori Tsuboi et al., Reversible multicolor recording medium and
rec9rding method using same, U.S. Patent Application Publication
2006/0276335 Al (2006).
13 Peter Roschger et al., Method and material for the formation of a heat
mode image, U.S. Patent No. 5,948,600 (1999). (Lead inventor Paul Callant
of the '084 Application is listed as a co-inventor; assigned to Agfa-Gevaert,
the present real-party-in-interest.)
14 Vladek P. Kasperchik and Makarand P. Gore, Color forming compositions
with improved marking sensitivity and image contrast and associated
methods, U.S. Patent Application Publication 2006/0147833 Al (2006).
6
Appeal2017-005915
Application 14/433,084
B. Discussion
The Board's findings of fact throughout this Opinion are supported by
a preponderance of the evidence of record.
Initially, we find that all of Callant' s arguments for patentability are
based on limitations recited in claim 1. We therefore focus on claim 1, with
which all claims stand or fall.
The Examiner finds that Tsuboi describes a multicolor recording
medium comprising plural recording layers, each of which comprises an
IR absorber having a narrow absorption maximum in a different wavelength
region in the range of 750 nm to 1500 nm so there is little overlap between
spectrally adjacent IR absorbers to prevent color fog. (FR 8.) Tsuboi
Figure 1, reproduced below, illustrates multicolor recording medium 10.
l
l
•11i:~
~~~;;~~~;~~;~;~;~~~~~~~~~~~~0~~SS3''''
!
(
Hl
{Tsuboi Figure 1 shows multicolor recording medium 10}
More specifically, the Examiner finds that recording medium 10 comprises
three recording layers 11, 12, and 13, which contain IR dyes with
Amax(ll) > Amax(12) > Amax(13), and a leuco dye that transforms to yellow,
cyan, and magenta, respectively. (Id.)
7
Appeal2017-005915
Application 14/433,084
Tsuboi, in Figure 14, below, shows the absorption spectra of the
I J I \LAYER SECOND-----------~~ \ , ·
---:- 0.8.
:;I
I UUUTFlRISTU r--·---1
/1 r\ n RECORDING1·
RECORDING / ~ f ; \ (
LAYER I \ t l J ·\. )
, I f \'1 , m -
0 , ...
400
~ \ I . .
T. HI:.RD~~ \I i ¥".
RECORDING j ~1 1 \
LA YER ./~ J t. \
1
J ;V \ \
// /,,... /\ \\.
.. I : i ' I i .
/ J /) 1
./ /_,,./ \
..... -'./__,,i+/ . ./"' \
-~:.. ~ - ~ :·· -.......
500 600 700 800 900
WAVELENGTH (nm)
\
1000 1100
{Tsuboi Figure 14 shows the absorption spectra from 400 nm to 1100 nm of
the first (11), second (12), and third (13) recording layers}
recording layers, where the absorption maxima for the first (11),
second (12), and third (13) recording layers are 798 nm (id. at [0192]),
860 nm (id. at [0181]), and 933 nm (id. at [0169]), respectively. (Ans. 8,
11. 10-11, citing Tsuboi). Thus, Tsuboi does not describe a particular dye
satisfying the condition Amax > 1100 nm.
The Examiner finds (FR 8, last para.) that Roschger describes IR dyes
having low absorption on the short wavelength (visible) side (including
IRD-12 (Roschger col. 13-14, 3d structure), shown below left,
... l
n\~,~~:·.~;~"! . r·;:~:;~::,<'A~
......... " l ~~-:?-, ....... ~.<-. \ /~ f:; .......... '\'i:...;; <>_. 11· \) :x~f..-""'<~1
il } i Jl i i\ lj "" ,,•, ' ""'""- •''"- / ., , .. ,, ,., .. ~,, /,.·
,·y;:.~···\')""_.. -..:-;:. ...... ""'".-~'(· y~r-- '7':~~~ Y,l··'\? ...
~~·:lJ \~,~,~/ ~.\~~!J
~ ~
{Roschger IR dye IRD-12}
8
~K
A1=CH~CH-A'
\ .I. :-.-...-... .............. ~'XI_;~-:
Roschger Formula (I)}
Appeal2017-005915
Application 14/433,084
which is an embodiment of IR dyes of general formula (I), shown above,
right. In formula (I), K is said to represent Q together with a counterion
An-, where Q represents, inter alia, chlorine, arylsulphonyl, or heterocyclyl
(in the case ofIRD-12, a barbituric acid residue). (Roschger col. 4,
11. 35 & 47-50.)
The Examiner concludes it would have been obvious to substitute a
phenylsulfonyl-substituted version of Roschger IRD-12 for the third
recording layer compound having a Amax(ll) of 796 nm. (FR 9, 1st full
para.) In particular, the Examiner finds, the phenylsulfonyl substitution
would result in IR dyes that absorb further into the IR. The use of the
deeper-IR absorbing dye would have been expected to reduce fogging and
undesired background. (Id.) In response to arguments filed after the final
rejection, the Examiner provides examples of "bathochromic shifts" (i.e.,
shifts to longer wavelengths) of absorption maxima on replacement of
chloro-substituted dyes with phenylsulfonyl-substituted dyes. (Adv. 2.) 15
Callant urges the Examiner erred harmfully because, inter alia, the
routineer interested in advancing Tsuboi' s work "would not have been
motivated to look to the IR dyes used in the thermographic material
disclosed by Roschger." (Br. 10, 11. 3--4.) This argument is without
persuasive merit. Both Tsuboi and Roschger are concerned with
thermographic processes using infrared lasers for exposure. Moreover,
Tsuboi recommends expressly that "[t]he leuco dye may be selected from
existing dyes for pressure-sensitive paper and heat sensitive paper."
(Tsuboi 3 [0063].) While leuco dyes are not light-to-heat converting dyes,
15 Advisory Action entered 29 August 2016 ("Adv.").
9
Appeal2017-005915
Application 14/433,084
the association with thennographic papers would have prompted the
ordinary worker to consider dyes taught by Roschger to be useful for
converting light to heat for thermographic papers. 16
Callant urges further that "[t]here would have been no logical reason
or motivation ... to replace a dye having a peak absorption at 798 nm with
IRD-12 having a peak absorption at 1028 nm." (Br. 10, 11. 4--7.) This
argument also lacks persuasive merit. As the Examiner points out (FR 10,
11. 14--15), Tsuboi explains that by using light in the near infrared for
recording, it is "possible to use the light-heat converting composition which
scarcely absorbs visible light." (Tsuboi 6 [0114].) Coupled with Roschger's
extensive teachings to avoid dyes that absorb too much in the visible region
compared to absorption in the near infrared (see Roschger col. 3, 11. 41--45;
Table 2 at col. 24, and Table 3 at col. 25, and the associated discussion, e.g.
at cols. 16-17), we see plenty of incentive to make substitutions. Further
adjustments such as ensuring that the longer wavelength-absorbing dyes are
at lower layers of the multilayer recording medium (Tsuboi 3--4 [0067])
would have been made as a matter of course in following Tsuboi's
teachings. Callant's further statement, that "Tsuboi does not remotely teach
or suggest that the IR dyes disclosed therein suffer from such deficiencies
[i.e., the absorption in the visible avoided by Roschger ],"is not well-taken in
view of Tsuboi's teachings to use dyes that "scarcely absorb[] visible light,"
16 Although the Examiner does not appear to have cited this passage in
Tsuboi, Callant cites and discusses Tsuboi in the '084 Specification. Thus,
we may presume, without prejudice, familiarity with Tsuboi, although
perhaps not with the complete familiarity we presume regarding Roschger,
which has a common inventor and which is commonly assigned to Agfa, the
present real party in interest.
10
Appeal2017-005915
Application 14/433,084
as well as the routineer's incentive to use all the teachings of relevant prior
art, including the teachings of Roschger.
Callant argues that there would have been no motivation to further
modify the proposed combination of Roschger and Tsuboi by including the
phenylsulphonyl analogue of IRD-12 of Roschger to obtain a dye absorbing
further in the infrared. (Br. 10, 2d full para.) This argument is also not well-
taken. On the one hand, Tsuboi invites the use of near-infrared absorbing
dyes in the range of wavelengths "from 750 nm to 1500 nm because
recording is accomplished with a laser beam" (Tsuboi 3 [0067]); and
because many lasers are available over this wavelength (id. at 6 [O 115],
listing eight distinct laser wavelengths in this region). On the other, the
Examiner has identified substituent effects that relate the wavelength of
maximum absorption in dyes. Callant dismisses this data as irrelevant
"because the dyes are different in more aspects than just the meso
substituents." (Br., sentence bridging 10-11.) But, as the art cited by the
Examiner illustrate, the effects of substituents that alter the distribution of
electrons in extended pi-electron systems such as IRD-12 are well-known,
and the mere citation of the existence of general "more aspects" is not
sufficient to rebut the Examiner's findings and conclusions in this regard.
Finally, Callant criticizes, in parallel Rejection A-1, the Examiner's
reliance on the teachings of Kasperchik regarding commercially available
near-IR lasers. These teachings do not, in Callant's view, provide any
convincing reason for substituting a dye having a maximum absorption at
wavelengths greater than 1100 nm for the 798 nm absorbing dye taught by
Tsuboi. (Br. 11, 1st full para. The Examiner appears to agree with
Appellants to the extent that the obviousness of using a dye with an
11
Appeal2017-005915
Application 14/433,084
absorption maximum at a wavelength greater than 1100 nm is based on the
obviousness of using the suggested phenylsulphonyl-substituted dye. But,
the Examiner finds, Kasperchik shows that specific lasers were known for
"their prior use with leuco dye based compositions." (Ans. 10, 11. 4---6.)
Thus, Kasperchik enhances the motivation to use the entire range of
wavelengths suggested by Tsuboi.
Callant's arguments of record are not persuasive of harmful error in
the appealed rejections.
We therefore affirm the rejections of record.
C. Order
It is ORDERED that the rejection of claims 16-18, 21, and 27-35 is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
12
Application/Control No. Applicant(s)/Patent Under Patent
14/433,084
Appeal No.
2017-005915
Notice of References Cited
Examiner Art Unit
1722 Page 1 of 1
U.S. PATENT DOCUMENTS
*
Document Number Date
Country Code-Number-Kind Code MM-YYYY Name Classification
A US-
B US-
c US-
D US-
E US-
F US-
G US-
H US-
I US-
J US-
K US-
L US-
M US-
FOREIGN PATENT DOCUMENTS
*
Document Number Date
Country Code-Number-Kind Code MM-YYYY Country Name Classification
N
0
p
Q
R
s
T
NON-PATENT DOCUMENTS
* Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
u Claims Appendix
v
w
x
*A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
U.S. Patent and Trademark Office
PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No.
Application No. 14/433,084
November 15, 2016
Appeal Brief
Page 13 of 21
IV. CLAIMS APPENDIX
Claims 1-15 (canceled).
Claim 16 (previously presented): A laser markable layer comprising:
a leuco dye; and
an infrared dye including:
a chemical structure A-B-C consisting of a dye cation and an anion to
compensate for a charge of the dye cation; wherein
a nucleus group A of the dye cation is selected from the group consisting of
NucA-1, NucA-2, and NucA-3:
R4
R4
R3
R2
R2
~ #
.-::;
# RlO
NucA-1; R9 NucA-2; and
Rl6 Rl5
Rl7 Rl3
Rl8 ~ #
RlO
R9 NucA-3;
a chain group B of the dye cation is selected from the group consisting of ChB-1,
ChB-2, ChB-3, ChB-4, ChB-5, ChB-6, ChB-7, ChB-8, and ChB-9:
Application No. 14/433,084
November 15, 2016
Appeal Brief
Page 14 of 21
Zl Z2
*
Z3 Z4 ChB-1;
Z9 ZlO Zl l
#
# ~ *
Zl2
Zl9
ZS
Z7
Zl5 Zl6 ChB-3;
Z21 Z22
#&x~,
N
#~/'~*
ChB-5;
\_j Ch B-?; Z23 Z24
Z6
~ *
Z7' ChB-2;
Z20
Z20' Z20" ChB-4;
Z21 Z22
*
ChB-6;
*
ChB-8 and Z25 ChB-9; and
a nucleus group C of the dye cation is selected from the group consisting of
NucC-1, NucC-2, and NucC-3:
R8
R8
R6
R6
* '---+---Rl2
NucC-1; Rll NucC-2; and
Application No. 14/433,084
November 15, 2016
Appeal Brief
Page 15 of 21
R21 R22
R23
~-+---Rl2
Rll NucC-3;
wherein
#indicates a point of attachment between the groups A and B;
*indicates a point of attachment between the groups Band C;
R1 and R5 each independently represents an alkyl group having 1 to 10 carbon
atoms;
R3 and R7 each independently represents hydrogen, an alkoxy group having 1 to
10 carbon atoms, a thioalkyl group having 1 to 10 carbon atoms, a cyanide group, an
ester group having 2 to 6 carbon atoms, an amide group having 2 to 6 carbon atoms, or
a halogen;
R2, R4, R6, and RS represent hydrogen; or R2 and R3 represent the atoms
necessary to form a five- or six-membered ring including an oxygen or nitrogen atom
directly attached to the carbon atom carrying the R3 group, R4 and R3 represent the
atoms necessary to form a five- or six-membered ring including an oxygen or nitrogen
atom directly attached to the carbon atom carrying the R3 group, R6 and R7 represent
the atoms necessary to form a five- or six-membered ring including an oxygen or
nitrogen atom directly attached to the carbon atom carrying the R7 group, and RS and
R7 represent the atoms necessary to form a five- or six-membered ring including an
oxygen or nitrogen atom directly attached to the carbon atom carrying the R7 group;
R9 to R12 each independently represents hydrogen or an alkyl group having 1 to
8 carbon atoms, or R9 and R10 and/or R11 and R12 represents the atoms necessary to
form an alicyclic five- or six-membered ring;
R13, R14, R19, and R20 each independently represents an alkyl group having 1
to 8 carbon atoms;
Application No. 14/433,084
November 15, 2016
Appeal Brief
Page 16 of 21
R15 to R18 each independently represents hydrogen, or one of R15 and R16,
R16 and R17, and R17 and R18 represent the atoms necessary to form a benzene ring;
R21 to R24 each independently represents hydrogen, or one of R21 and R22,
R22 and R23, and R23 and R24 represent the atoms necessary to form a benzene ring;
Z1 and Z2 each independently represents an alkyl group having 1 to 6 carbon
atoms, a cyanide group, an ester group having 2 to 6 carbon atoms, an amide group
having 2 to 6 carbon atoms, an alicyclic group having 5 to 14 carbon atoms, a
heterocyclic group having 2 to 14 carbon atoms, an aryl group having 6 to 14 carbon
atoms, or a heteroaryl group having 2 to 14 carbon atoms; or Z1 and Z2 represent the
atoms necessary to form an alicyclic group having 5 to 14 carbon atoms or a
heterocyclic group having 4 to 14 carbon atoms;
Z3 to Z6 each independently represents hydrogen or halogen;
Z7 and Z7' each independently represents hydrogen, an alkyl group having 1 to 6
carbon atoms, a cyanide group, an ester group having 2 to 6 carbon atoms, an amide
group having 2 to 6 carbon atoms, an alicyclic group having 5 to 14 carbon atoms, a
heterocyclic group having 2 to 14 carbon atoms, an aryl group having 6 to 14 carbon
atoms, or a heteroaryl group having 4 to 14 carbon atoms; or Z7 and Z7' represents the
atoms necessary to form an alicyclic group having 5 to 14 carbon atoms or a
heterocyclic group having 4 to 14 carbon atoms;
ZS represents hydrogen or, if at least one of Z7 and Z7' represents hydrogen, ZS
represents an alkyl group having 1 to 6 carbon atoms, a cyanide group, an ester group
having 2 to 6 carbon atoms, an amide group having 1 to 6 carbon atoms, or an aryl
group having 6 to 14 carbon atoms;
Z9, Z10, and Z11 each independently represents hydrogen or halogen;
Z12 to Z19 each independently represents hydrogen, an alkyl group having 1 to 6
carbon atoms, an aryl group having 6 to 14 carbon atoms, a heteroaryl group having 2
to 14 carbon atoms, a cyanide group, an ester group having 2 to 6 carbon atoms, or an
amide group having 2 to 6 carbon atoms; or one or more of Z12 and Z13, Z15 and Z16,
and Z18 and Z19 represents the atoms necessary to form an alicyclic group having 5 to
14 carbon atoms or a heterocyclic group having 4 to 14 carbon atoms;
Application No. 14/433,084
November 15, 2016
Appeal Brief
Page 17 of 21
Z20 represents hydrogen, a halogen, a thioalkyl group having 1 to 8 carbon
atoms, a thioaryl group having 5 to 14 carbon atoms, a thioheteroaryl group having 3 to
14 carbon atoms, an aryl group having 6 to 14 carbon atoms, a diarylamino group, an
alkylsulfonyl group having 1 to 8 carbon atoms, an arylsulfonyl group having 6 to 14
carbon atoms, or a heteroarylsulfonyl group having 2 to 14 carbon atoms;
the integers m and n independently have a value of 0 or 1 ;
Z20' and Z20" each independently represents hydrogen, an alkyl group having 1
to 8 carbon atoms, a cyanide group, an ester group having 2 to 8 carbon atoms, an
amide group having 2 to 8 carbon atoms, or an aryl group having 6 to 14 carbon atoms;
or Z20' and Z20" represent the atoms necessary to form an alicyclic group having 5 to
14 carbon atoms or a heterocyclic group having 4 to 14 carbon atoms;
Z21 and Z22 each independently represents hydrogen, halogen, a thioalkyl group
having 1 to 8 carbon atoms, or a thioaryl group having 5 to 14 carbon atoms;
X represents nitrogen, a -CH-group or, if both Z21 and Z22 represent hydrogen,
then X represents a -CR-group with R representing an aryl group having 6 to 14 carbon
atoms;
Z23 and Z24 each independently represents an alkyl group having 1 to 8 carbon
atoms, an aryl group having 6 to 14 carbon atoms, or Z23 and Z24 represent the atoms
necessary to form a five- or six-membered ring;
Z25 represents hydrogen or an aryl group;
with the proviso that when the chain group ChB-4 with the integer m = 0 is
combined simultaneously with NucA-1 and NucC-1 that R3 and R6 do not represent
hydrogen; and
the infrared dye has an absorption maximum in an infrared region Amax(IR) of
more than 1100 nm as measured by absorption spectroscopy in methylene chloride
including 6.5 x 1 o-6 wt% of methanesulfonic acid based on a total weight of
methylenechloride.
Claim 17 (previously presented): The laser markable layer according to claim 16,
wherein the absorption maximum of the infrared dye in the infrared region Amax(IR) is