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 .
Specification
The abstract of the disclosure is objected to because the penultimate/ultimate lines appear to be an incomplete statement. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-32 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.
Claim 1 is rejected as being vague and indefinite when it recites “in which at least one —CH2— may be substituted with —O— or —S—, at least one —(CH2)2— may be substituted with —CH═CH— or —C≡C—, and at least one hydrogen in these groups may be substituted with a halogen” (emphasis added); the scope of the protection sought by the combination of the recitation of “at least one” and “may be” is not clear. Claim 1 fails to particularly point out and distinctly claim the compounds of formulae (1), (2) and (3) contained in the claimed liquid crystal composition. For instance, claim 1 fails to particularly point out and distinctly claim whether at least one hydrogen in the groups is substituted with a halogen, or whether the hydrogens in the groups may be substituted with a halogen. Claim 3, claim 4 and claim 5 are similarly rejected as being vague and indefinite when they each recites “in which at least one —(CH2)2— may be substituted with —CH═CH— or —C≡C—" (emphasis added); the scope of the protection sought by the combination of the recitation of “at least one” and “may be” is not clear.
Claim 7 is rejected as being vague and indefinite when it recites “in which at least one —CH2— may be substituted with —O— or —S—, at least one —(CH2)2— may be substituted with —CH═CH— or —C≡C—, and at least one hydrogen in these groups may be substituted with a halogen” (emphasis added); the scope of the protection sought by the combination of the recitation of “at least one” and “may be” is not clear. Claim 1 fails to particularly point out and distinctly claim the compounds of formulae (4), (5), (6), (7), (8), (9) and (10) contained in the claimed liquid crystal composition. For instance, claim 1 fails to particularly point out and distinctly claim whether at least one hydrogen in the groups is substituted with a halogen, or whether the hydrogens in the groups may be substituted with a halogen. Claim 8, claim 10, claim 12 , claim 14, claim 16, claim 18, and claim 20 (which also recites “in which at least one —CH2— may be substituted with —O—") are similarly rejected as being vague and indefinite when they each recites “at least one —(CH2)2— may be substituted with —CH═CH— or —C≡C—” (emphasis added); the scope of the protection sought by the combination of the recitation of “at least one” and “may be” is not clear.
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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (Chinese Patent No. CN-111196927-A).
Li et al. teaches a liquid crystal composition characterized by comprising the combination of at least one compound inclusive of the compound of the present formula (1), at least one compound inclusive of the compound of the present formula (2), and at least one compound inclusive of the compound of the present formula (3). In fact, Example 1 therein (p. 7) expressly illustrates a liquid crystal composition comprising at least one compound inclusive of the compound of the present general formula (1) as well as the more specific formula (1-1) recited in claim 3, as represented therein by
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, at least one compound inclusive of the compound of the present general formula (2), as represented therein by
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, and at least one compound inclusive of the compound of the present general formula (3) as well as the more specific formula (3-2) recited in claim 5, as represented therein by
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, wherein the compounds of formula (1), (2), and (3) are in a weight% as recited in claim 6, as well as at least one compound inclusive of the compound of the present general formula (4) as recited in claim 7, well as the more specific formula (4-10) recited in claim 8, in a weight% as recited in claim 9, as represented therein by
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, at least one compound inclusive of the compound of the present general formula (5) as recited in claim 7, well as the more specific formula (5-2) recited in claim 10, in a weight% as recited in claim 11, as represented therein by
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. Example 3 therein (p. 9) expressly illustrates a liquid crystal composition comprising at least one compound inclusive of the compound of the present general formula (1) as well as the more specific formula (1-1) recited in claim 3, as represented therein by
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, and the more specific formula (1-6) recited in claim 3, as represented therein by
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, at least one compound inclusive of the compound of the present general formula (2)as well as the more specific formula (2-2) recited in claim 4, as represented therein by
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, and at least one compound inclusive of the compound of the present general formula (3),as represented therein by
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, wherein the compounds of formula (1), (2), and (3) are in a weight% as recited in claim 6, as well as at least one compound inclusive of the compound of the present general formula (4) as recited in claim 7, well as the more specific formula (4-2) recited in claim 8, in a weight% as recited in claim 9, as represented therein by
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, at least one compound inclusive of the compound of the present general formula (5) as recited in claim 7, in a weight% as recited in claim 11, as represented therein by
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, at least one compound inclusive of the compound of the present general formula (7) as recited in claim 7, well as the more specific formula (7-1) recited in claim 14, in a weight% as recited in claim 15, as represented therein by
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.
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 1-32 are rejected under 35 U.S.C. 103 as being unpatentable over Takasaki et al. (WIPO Patent No. WO 2024/024519 A1for convenience, reference is made to the English language equivalent, i.e., U.S. Patent Application Publication No. 2025/0377570).
Takasaki et al. discloses a liquid crystal composition and the corresponding use thereof said liquid crystal composition in an element, characterized in that said liquid crystal composition comprises the combination of at least one compound inclusive of the compound of the present formula (1), as represented therein by any one of
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([0507], p. 52+), at least one compound inclusive of the compound of the present formula (2), as represented therein by any one of
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([0477], p. 41+), and at least one compound inclusive of the compound of the present formula (3), as represented therein by any one of
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([0489], p. 46). Although Takasaki et al. does not expressly illustrate the liquid crystal composition characterized containing a combination of a compounds inclusive of the compounds of the present formulae (1), (2), and (3), they 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 crystal composition, as generally taught therein Takasaki et al., with reasonable expectations of achieving, absent object evidence to the contrary, the advantages taught therein.
Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: U.S. Patent Application Publication No. 2025/0277150, which is the pre-grant publication corresponding to the present application.
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.
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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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