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 .
This office action is responsive to the Amendment and Remarks filed 20 January 2026, wherein claim 2 was canceled. Subsequently, claims 1, 3-17, 19, 20, 22-24 are pending and presently under consideration in this application.
Response to Amendment
Applicants have amended the base independent claim 1 as follows and argue that said amendment sufficiently distinguishes the liquid crystal composition of the present claims from that of the prior art of record: (a) the claimed liquid-crystalline medium now comprises a compound of the more specific formula I-1-4 instead of the general formula I:
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(b) the claimed liquid-crystalline medium does not comprise a compound of formula III6:
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The rejection of claims 8 and 10 under 35 U.S.C. 112(b) or 35 U.S.C. 112(pre-AIA ), second paragraph, as respectively set forth in paragraphs 10 and 11 of the previous FINAL office action on the merits, are hereby withdrawn in view of applicant’s amendments to the same.
Response to Arguments
Applicant's arguments filed 20 January 2026 with respect to the rejection of claims under 35 U.S.C. 103 over Manabe et al., as set forth in paragraph 14 of the previous FINAL office action on the merits, said arguments essentially to the effect that the aforementioned amendments to the base independent claim 1 distinguish the claimed liquid-crystalline medium from that of the prior art, have been fully considered but are not persuasive, and are in fact moot, because the new grounds of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 3-17, 19, 20, 22-24 are rejected under 35 U.S.C. 103 as being obvious over Manabe et al. (U.S. Patent No. 11,168,255).
Manabe et al. discloses a liquid-crystalline medium, the corresponding method of preparation thereof said liquid-crystalline medium, as well as the corresponding use thereof said liquid-crystalline medium in a liquid crystal display, characterized in that said liquid-crystalline medium comprises a combination of compounds inclusive of the compounds of the present claims:
at least one compound inclusive of the compound of the present formula I-1-4, as is now claimed, as generally represented therein by
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(abstract; column 3, line 12; claims) and
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(column 20, line 11; claims), and more specifically, as represented therein by any of
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and
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(column 20, line 55+);
at least one compound inclusive of the compound of the present formulae III1, III6, and III19, as respectively represented therein by
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and
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(column 35, line 1+),
at least one compound inclusive of the compound of the present formula H, as recited in each of claim 1, claim 4, and claim 5, as generally represented therein by any one of the following compounds in Table F
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(column 103),
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(column 103),
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,
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,
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(column 105),preferably (column 107, line 1+)
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at least one compound inclusive of the compound of the present formula I-1-4-1, as recited in claim 3, as generally represented therein by
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(column 21, line 1),
at least one compound inclusive of the compound of the present formulae Z1 through Z4, as recited in claim 6, as generally represented therein by
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(column 48, line 27),
at least one compound inclusive of the compound of the present formula B, as recited in claim 7, as generally represented therein by any one of
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(column 30, line 55+),
at least one compound inclusive of the compounds of the present formula II and III, as recited in claims 8-10, as generally respectively represented therein by
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and
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(column 32, line 25+),
at least one compound inclusive of the compound of the present formula VI, as recited in claim 11, as represented therein
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(column 76, line 1),
at least one compound inclusive of the compound of the present formula XIV, as recited in claim 12, as represented therein by
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(column 80, line 35+),
at least one compound inclusive of the compound of the present formula XVI, as recited in claim 13, as represented therein by
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(column 81, line 60+),
at least one compound inclusive of the compound of the present formula XVIIa and XVIIb as recited in claim 14, as respectively represented therein by
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and
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(column 82, line 15+),
at least one compound inclusive of the compound of the present formula XIII, as recited in claim 15, as represented therein by
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(column 77, line 1),
at least one compound inclusive of the compound of the present formulae XXVII and XXVIII, as recited in claim 16, as represented therein by
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([0115], p. 12),
at least one compound inclusive of the compound of the present formulae XXXII, as recited in claim 17, as represented therein by any one of
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(column 80, line 55+).
While each of Example 7 (column 136, line 25+) and Example 8 (column 137, line 1+) of Manabe et al. expressly illustrates a liquid-crystalline medium characterized by comprising two compounds inclusive of the compound of the present formula I-1-4, as is now claimed, in an amount % as claimed, as generally represented therein by
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and
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, and, each of Example 1 (column 132, line 24+), Example 2 (column 133, line 1+), Example 4 (column 133, line 45+), Example 7 (column 132, line 24+), Example 1 (column 132, line 24+), expressly illustrate a liquid-crystalline medium characterized by comprising a compound inclusive of the compound of the present formula I-1-4, as is now claimed, as generally represented therein by
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with two compounds inclusive of the compound of the present formula III1 and/or III6 in an amount % as claimed, as respectively represented therein by
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and
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, Manabe et al. does not expressly illustrate the combination of compounds as is now claimed.
Although Manabe et al. does not expressly illustrate the inventive liquid-crystalline medium comprising the claimed combination of the aforementioned compounds, the compounds of the present claims are well known in the liquid crystal art, individually as well as in combination, as generally taught therein. It would have been obvious to one of ordinary skill in the requisite art at the time the invention was filed to combine the compounds in a liquid-crystalline medium of Manabe et al., as generally taught therein, with reasonable expectations of achieving, absent object evidence to the contrary, the advantages taught therein, as well as those associated with their combination thereof.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Geraldina Visconti whose telephone number is (571)272-1334. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark F 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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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737