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 § 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.
Claims 1-2, 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (EP-3048139-A1), as evidenced by, or further in view of Ramon-Gimenez (US 2015/0376421).
Regarding claim 1, Yoo teaches a composition comprising: a first compound represented by formula 1b shown below (formula 1b [0035], Example 17 [0123]), which is a species of formula (1) of Applicant, where n of Applicant = 1, R1 of Applicant = a substituent, R2 of Applicant = an alkoxy group where a hydrogen of the end group is substituted with a polymerizable group (-O-C(=O)-CH=CH2), P of Applicant = -N=N-, Ar1 of Applicant = Ar2 of Applicant = Ar3 of Applicant = a 1,4-phenylene group, and Ar1 of Applicant has a fluorine as a substituent:
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Yoo teaches that the composition further comprises a polymerizable liquid crystal compound (RM 257, Example 17 [0123]), as evidenced by Ramon-Gimenez.
Ramon-Gimenez teaches that RM 257 has two polymerizable groups, both being (-O-C(=O)-CH=CH2) ([0093]) and hence is a polymerizable liquid crystal compound.
In addition, Yoo teaches in the broader specification, that the composition can further comprise a second compound represented by formula 1a shown below ([0035]) which is a species of formula (2) of Applicant (a mixture of 1 to 5 kinds of dyes may be used, anisotropic dye of Chemical Formula 1, mixed with each other [0037]), for the purpose of providing the desired color ([0037]), where m of Applicant = 1, R3 of Applicant = substituent, R4 of Applicant = an alkoxy group where a hydrogen of the end group is substituted with a polymerizable group (-O-C(=O)-CH=CH2), Ar4 of Applicant = Ar5 of Applicant = Ar6 of Applicant = a 1,4-phenylene group.
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:
Although Yoo fails to teach that the second compound represented by formula 1a which is a species of formula (2) of Applicant, has a maximum absorption wavelength in a wavelength range of 550 nm or more and 650 nm or less, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See MPEP 2112.01. If there were to be any differences in structure or chemistry, these differences are presumed to be minor and obvious in the absence of evidence to the contrary. In the instant case, Yoo teaches the presently claimed second compound represented by formula 1a which is a species of formula (2) of Applicant, as described above.
Regarding claim 2, Yoo teaches that the second compound can also be represented by formula 1e ([0035]) shown below (a mixture of 1 to 5 kinds of dyes may be used, anisotropic dye of Chemical Formula 1, mixed with each other [0037]), for the purpose of providing the desired color ([0037]), where m of Applicant = 1, R3 of Applicant = substituent, R4 of Applicant = an alkylamino group where a hydrogen of the end group is substituted with a polymerizable group (-O-C(=O)-CH=CH2), Ar5 of Applicant = Ar6 of Applicant = a 1,4-phenylene group, and Ar4 of Applicant = a divalent sulfur-containing aromatic heterocyclic group.
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Although Yoo fails to teach that the second compound represented by formula 1e which is a species of formula (2) of Applicant, has a maximum absorption wavelength in a wavelength range of 550 nm or more and 650 nm or less, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See MPEP 2112.01. If there were to be any differences in structure or chemistry, these differences are presumed to be minor and obvious in the absence of evidence to the contrary. In the instant case, Yoo teaches the presently claimed second compound represented by formula 1e which is a species of formula (2) of Applicant, as described above.
Regarding claim 4, Yoo teaches that in the formula 1b which is a species of formula (1) of Applicant, P of Applicant = -N=N- (formula 1b [0038], Example 17 [0123]).
Regarding claim 5, Yoo is silent regarding a smectic liquid crystalline compound.
However, Yoo teaches that the liquid crystalline compound of the composition, comprises a polymerizable liquid crystal compound (RM 257, Example 17 [0123]), as described above.
Ramon-Gimenez teaches that the polymerizable liquid crystal compound can be a smectic liquid crystalline compound, for the purpose of forming a liquid crystalline polymer compound with a degree of optical anisotropy ([0003]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have included a smectic liquid crystalline compound as the polymerizable liquid crystal compound, in the liquid crystalline compound of the composition of Yoo, in order to form a liquid crystalline polymer compound with a degree of optical anisotropy, as taught by Ramon-Gimenez.
Regarding claim 6, Yoo teaches a film comprising the composition as a forming material (film-shape [0071]).
Regarding claim 7, Yoo teaches a laminate comprising the film (dye-type polarizer may have a film-shape, in which the alignment layer and the dye layer are formed on the substrate ([0071]).
Regarding claim 8, Yoo teaches a display device comprising the laminate (dye-type polarizer may be included in display devices [0078]).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. None of the prior art cited above, teach a compound represented by formula (2) of Applicant, in which at least one of Ar⁴, Ar⁵, and Ar⁶ represents a thieno [2,3-d] thiazole-2,5-diyl group.
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782
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