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 3 June 2026. Claims 1, 3-17, 19, 20, 22-24 remain 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:
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.
Response to Arguments
Applicant's arguments filed 3 June 2026 with respect to the rejection of claims under 35 U.S.C. 103 over Manabe et al. (‘255), as set forth in paragraph 8 of the previous office action on the merits, said arguments essentially to the effect that the aforementioned amendment to the base independent claim 1 distinguishes the claimed liquid-crystalline medium from that of the prior art, have been fully considered but are not persuasive. Applicant’s argument that the substituent R2 in the thiophene compound of the present formula I-1-4 “expressly denotes a non-halogenated aliphatic or cycloaliphatic group” (emphasis added) is factually incorrect, as amended claim 1 recites that “R1 and R2 each, independently of one another, a H atom, an alkyl or an alkoxy group having 1 to 12 C atoms or an alkenyl or an alkenyloxy group having 2 or 12 C atoms” (emphasis added) and “in which one or more H atoms may be replaced by a halogen atom” (emphasis added). Since Manabe et al. teaches that “XS denotes F, Cl, CN, NCS, fluorinated alkyl, fluorinated alkenyl, fluorinated alkoxy or fluorinated alkenyloxy” (emphasis added), applicant’s argument that the substituent R2 in the thiophene compound of the present formula I-1-4 and the substituent XS in the thiophene compound of formula T in Manabe et al. “denote entirely different functional groups, there is no overlap between a compound of the present formula I-1-4 and a compound of Manabe’s formula T” is likewise factually incorrect.
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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382
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and
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(column 20, line 55+), wherein the substituent XS denotes F, Cl, CN, NCS, fluorinated alkyl, fluorinated alkenyl, fluorinated alkoxy or fluorinated alkenyloxy (column 20, line 40+);
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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418
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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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374
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,
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360
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,
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398
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(column 105),preferably (column 107, line 1+)
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350
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363
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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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387
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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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334
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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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431
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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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333
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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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530
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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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504
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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, 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection, i.e., specifically referencing the definition of the substituent XS in the compound of formula T in Manabe et al., 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 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, Anthony J Zimmer can be reached at (571)270-3591. 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
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