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 .
Claims 21-40 are currently pending in the present application.
Claims 1-20 have been canceled by the applicant; claims 21-35 are withdrawn; and claims 36-40 have been previously presented.
Response to Amendment
The amendment dated 14 July 2025 has been entered into the record.
Response to Arguments
Regarding applicant’s arguments that the amended drawings and/or amended specification submitted 31 October 2024 overcome the objections of record, these arguments ae not persuasive. Applicant argues that the mere addition of reference numerals to the drawings cannot constitute new matter. This consideration is not relevant; no argument has been made by the office that the drawings contain new matter. Instead, the issue remains that the submitted drawings fail to adequately illustrate and/or identify the noted key terms recited in the claims. Therefore, the drawings remain being objected to, as set forth in detail below.
Regarding the rejection of record of claims 36-40 under 35 U.S.C. § 112(b), applicant argues that the terms “director field” and “director profile” are adequately differentiated. In its office action response dated 14 July 2025, applicant defines the term “director field” as being “the direction of the directors in varying regions varying” and the term “director profile” as “describ[ing] the field in different regions. For example, with reference to Fig. 4, the device can be described in three regions, each having the same director profile as specified in claim 36.”
These arguments are not persuasive. The proffered definition for the term “director field” is not clear because the terminology “varying regions varying” is unclear. It is not clear as to whether the second instance of “varying” is modifying the direction of the directors, modifying the varying regions, or if it is a typographical error. Secondly, the term “director profile” appears to use the term “director” in a way that differs from how the term is understood in the art. The term “director” is understood in the art as referring to the longitudinal axis of a liquid crystal molecule. However, the term “director profile” has been defined by the applicant as “describe[ing] the field in different regions” and makes no reference to directors. An electric and/or magnetic field that results from the application of a voltage across a liquid crystal layer is not synonymous or interchangeable with liquid crystal directors.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Regarding the claim limitations “director profile” and “director field” these claimed elements are not present in the written or illustrated portions of the specification as originally filed. Even if the drawings submitted 31 October 2024 were accepted, they still do not adequately differentiate between a director, a first director profile, and a second director profile. Arrows 70, 71, and 72, purporting to represent a director field, a first director profile, and a second director profile, respectively, all point in the general direction of the liquid crystal layer, but do not point with specificity to any particular region, collection, or grouping of liquid crystal molecules in a manner that differentiates the claimed elements from each other. The more general term “director profile” appears twice in passing in the original specification, in paragraphs 57 and 61. But these paragraphs do not provide description sufficient enough to understand or determine what component(s) or element(s) constitute director profiles.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Please note the following: It appears that applicant may intend for a director profile to comprise the collective disposition of the directors of liquid crystal molecules between adjacent groupings of ten PCEs within a region upon application of a voltage greater than the liquid crystal molecule threshold voltage. When a voltage greater than the threshold voltage is applied, the liquid crystal directors within a director profile collectively twist in a given direction in an amount proportional to the applied electric field to form collectively an arcuate disposition of liquid crystal molecules. Also, upon application of a voltage greater than threshold, the directors of a column of liquid crystal molecules between individual PCE pairings twist in the same direction; however, the orientation of the directors of columns of liquid crystal molecules disposed between successive PCE pairings within a director profile (having ten successive PCE groupings) differ from one another. If the preceding is accurate, applicant is encouraged to: (a) amend the claim language accordingly, (b) identify/map with specificity support in the present specification for such amended claim language, keeping in mind that applicant may cite to general knowledge of a person of ordinary skill in the art at a time prior to the effective date, and (c) differentiate the claim language with specificity from prior art references Jeong (US 2004/0263749), now made of record, and Murata (US 2017/0269441), of record. Also note that upon submission of amendments to the present claims and written and illustrated portions of the present specification, a new search will be conducted and the amendments reviewed for the inclusion of new matter.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 36-40 as set forth in the claim set dated 04 December 2023 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re: claim 36, the meaning of the limitations “director field” and “director profile” and is unclear. There is no description of director profiles in the written portion of the specification as originally submitted and there are no components identified in the figures as originally submitted illustrating director profiles. Even if the drawings submitted 31 October 2024 were accepted, they still do not adequately differentiate between the terms; arrows 70, 71, and 72, purporting to represent a director field, a first director profile, and a second director profile, respectively, all point in the general direction of the liquid crystal layer, but do not point with specificity to any particular region, collection, or grouping of liquid crystal molecules in a manner that differentiates the claimed elements from each other. The general term “director profile” appears twice in passing in the original specification, in paragraphs 57 and 61. But these paragraphs do not provide description sufficient enough to understand or determine what component(s) or element(s) constitute director profiles. The meaning of the term “director field” is not clear because the definition supplied by applicant in its office action response dated 14 July 2025 is unclear. In particular, the meaning of the phrase “varying regions varying” is unclear. It is not clear as to whether the second instance of “varying” is modifying the direction of the directors, modifying the varying regions, or if it is a typographical error.
Regarding claims 37-40, because they depend upon claim 36, they are likewise rejected.
Re: claim 37, the meaning of the limitation “first director profile” is unclear. There is only a passing description of said profile in the written portion of the specification as originally submitted and there is no component identified in the instant figures as originally submitted illustrating the first director profile.
Prior Art Rejections
Although the examiner has made a good faith effort to determine the meaning of the claim limitations, the indefiniteness of the claims, in combination with the extensive drawing objections precludes a search of the prior art based upon recognizable technical features in the art.
From the limited understanding possible due to the indefiniteness of the claim limitations and the drawing objections, it appears that Jeong (US 2004/0263749) and Murata (US 2017/0269441) disclose the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. 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 ANGELA MEDICH whose telephone number is (313)446-4819. The examiner can normally be reached M-F 10:00 AM - 7:00 PM ET.
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/ANGELA M. MEDICH/ Primary Examiner, Art Unit 2871