DETAILED ACTION
Claims 2, 6-11, 13, 15, 17-21, 23, 27-30, and 32-38 are pending. Claims 32 and 33 have been amended, claims 1, 3-5, 7-12, 14, 16, 22, 24-26, and 31 have been canceled, claims 34-38 have been added, and claims 2, 6-11, 13, 15, 17-21, 23, and 27-30 remain withdrawn due to an earlier restriction and election of species requirement.
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 .
Terminal Disclaimer
The terminal disclaimer filed on September 29, 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12,325,816 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claim 32 is objected to because of the following informalities: Claim 32 recites “A polymerizable, comprising a compound”. The word “composition” was inadvertently deleted with the most recent amendment. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 33 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 33 recites “The polymerizable composition according to claim 32, the polymerizable liquid crystal compound different from the compound is represented by the following formulas (1) to (10), and K in the following formulas (1) to (10) is a compound represented by any of the side chain structures shown in the following Tables 1 and 2” which Tables 1 and 2 show side chains having a bicyclohexane structure. However, claim 32 recites “wherein the polymerizable liquid crystal compound different from the compound is a liquid crystal compound represented by the following general formula (II)” in which “G1 and G2 each independently represent a divalent alicyclic hydrocarbon group having 5 to 8 carbon atoms”. Thus, claim 33 fails to include all the limitations of claim 32. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. For examination purposes, the Examiner is interpreting G1 and G2 to be divalent bi-alicyclic hydrocarbon groups.
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.
Claim Rejections - 35 USC § 103
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.
Claims 32-38 are rejected under 35 U.S.C. 103 as being unpatentable over Endo et al. (WO2018012390). U.S. 2021/0284766 is being used as the English translation.
Endo et al. teaches a polymerizable composition used for this retardation film contains a polymerizable liquid-crystal compound, and the polymerizable liquid-crystal compound is selected from the group consisting of General formulas (1) to (7) [0019] wherein formula (2) is the following:
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[0019] and specific preferred examples of the compound represented by General formula (2) include compounds represented by Formula (2-a-1) to Formula (2-a-68) [0083] in which Formula (2-a-68) is the following:
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[page 71] where n represents an integer of 1 to 10 [0084] which is equivalent to the polymerizable liquid crystal compound different from the compound represented by general formula (II) of instant claim 32 when L1 and L2 are monovalent groups having a polymerizable group, G1 and G2 are divalent bi-alicyclic hydrocarbon groups having 6 carbon atoms, D1 is -COO-, Ar is a divalent aromatic ring group represented by formula (II-2) when A1 and A2 are -S-, X is a non-metal atom belonging to any one of Groups 14 to 16 to which a hydrogen atom or a substituent may be bonded, and Z1 and Z2 are hydrogen atoms; and is structurally similar to formula (6) of instant claim 33 when each K are formula 1-1, 1-3, 1-4, or 1-5 except Formula (2-a-68) is missing the t-butyl substituent. However, Endo et al. teaches MG21 in Formula (2) is represented by formula (a) [0023] in which M can be Formula (M-11) [0027] which may be unsubstituted or may be substituted by at least one L1 [0028] where L1 is defined as a fluorine atom, a chlorine atom, a bromine atom, an iodine atom, a pentafluorosulfuranyl group, a nitro group, an isocyano group, an amino group, a hydroxyl group, a mercapto group, a methylamino group, a dimethylamino group, a diethylamino group, a diisopropylamino group, a trimethylsilyl group, a dimethylsilyl group, a thioisocyano group, or an alkyl group having 1 to 20 carbon atoms; the alkyl group may be linear or branched; any hydrogen atom may be substituted by a fluorine atom; in the alkyl group, one —CH2— or non-adjacent two or more —CH2— may each be independently substituted by a group selected from —O—, —S—, —CO—, —COO—, —OCO—, —CO—S—, —S—CO—, —O—CO—O—, —CO—NH—, —NH—CO—, —CH═CH—COO—, —CH═CH—OCO—, —COO—CH═CH—, —OCO—CH═CH—, —CH═CH—, —CF═CF—, and —C═C— [0034] such that when (M-11) is substituted with a branched alkyl having 4 carbon atoms it is equivalent to formula (6) of instant claim 33 when each K are formula 1-1, 1-3, 1-4, or 1-5. Endo et al. also teaches the polymerizable composition used for producing a retardation film according to the present invention may contain, in addition to the liquid-crystal compounds represented by General formula (1) to General formula (7), a liquid-crystal compound having at least one polymerizable group. Examples of such a liquid-crystal compound include liquid-crystal compounds represented by General formula (1-b) to General formula (7-b) [0101] wherein General formula (2-b) is the following:
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[0101] where P21 and P22 represent a polymerizable group; S21 and S22 represent a spacer group or a single bond; X21 and X22 represent —O—, —S—, —OCH2—, —CH2O—, —CO—, —COO—, —OCO—, —CO—S—, —S—CO—, —O—CO—O—, —CO—NH—, —NH—CO—, —SCH2—, —CH2S—, —CF2O—, —OCF2—, —CF2S—, —SCF2—, —CH═CH—COO—, —CH═CH—OCO—, —COO—CH═CH—, —OCO—CH═CH—, —COO—CH2CH2—, —OCO—CH2CH2—, —CH2CH2—COO—, —CH2CH2—OCO—, —COO—CH2—, —OCO—CH2—, —CH2—COO—, —CH2—OCO—, —CH═CH—, —N═N—, —CH═N—N═CH—, —CF═CF—, —C═C—, or a single bond; and MG21 represents Formula (b) [0102]:
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[0102] where j83 and j84 can be 2 [0105], A83 and A84 can be 1,4-cyclohexylene groups [0103], the outer Z83 and Z84 can be a single bond while the inner Z83 (connection to -M81-) can be -COO- and the inner Z84 can be -OCO- [0103], and M81 can be a 1,4-naphthylene group substituted by at least one L2 [0104] where L2 can be a nitro group, a methylamino group, a dimethylamino group, a diethylamino group, a diisopropylamino group, or an alkyl group having 1 to 20 carbon atoms; the alkyl group may be linear or branched; any hydrogen atom may be substituted by a fluorine atom; in the alkyl group, one —CH2— or non-adjacent two or more —CH2— may each be independently substituted by a group selected from —O—, —S—, —CO—, —COO—, —OCO—, —CO—S—, —S—CO—, —O—CO—O—, —CO—NH—, —NH—CO—, —CH═CH—COO—, —CH═CH—OCO—, —COO—CH═CH—, —OCO—CH═CH—, —CH═CH—, —CF═CF—, and —C═C— [0105] which is equivalent to the elected species of formula (1) of instant claims 32 and 34-37 when L1 and L2 are polymerizable groups, SP1 and SP2 are linear alkylene groups having 4 carbon atoms, Cy is a 1,4-cyclohexylene group, D1 and D3 are divalent linking groups consisting of -O- and -CO-, B2 and B3 are alkyl substituents, B5-B8 are hydrogen atoms, k is 2, each A1 is an alicyclic ring, and each D2 is a single bond. The compound as defined above is the same as compound (1-2) on page 40 of the instant specification which exhibits a smectic phase as noted in Table 3 on page 58 of the instant specification (claim 38). Endo et al. further teaches the present invention will be described with reference to Examples and Comparative Examples. However, the present invention is obviously not limited to these Examples [0217] and an object of the present invention is to provide a retardation film that is a single film having a good antireflection function, and that maintains the function even after being exposed at high temperatures. Other objects of the present invention are to provide an elliptically polarizing plate and a display device that include such retardation films [0008].
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to modify the specific teachings of Endo et al. to include additional compositions comprising other compounds of formula (2) and (2-b) such as those defined above and arrive at the instant claims through routine experimentation of substituting equally suitable groups for the sought invention in order to achieve optimum antireflection function.
Response to Arguments
Due to the amendment filed September 29, 2025, the 103 rejection over Katoh, has been withdrawn. Applicant’s arguments with regard to this rejection have been considered but are moot due to the cancelation of claim 1.
Applicant’s arguments with respect to the 103 rejection of claim 32 over Katoh further in view of Shiraiwa have been fully considered and are persuasive. The 103 rejection of claims 32 and 33 over Katoh further in view of Shiraiwa has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art Endo.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA E MALLOY whose telephone number is (571)270-5849. The examiner can normally be reached 8:00-4:30 EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Huff can be reached at 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anna Malloy/Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737