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 Request for Continued Examination filed 17 April 2026, whereby the Amendment and Remarks filed 10 April 2026 was entered. Claims 1-16 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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The rejection of claims under 35 U.S.C. 102(a)(1) over each of Poetsch et al. (DE 102 17 771 A1), Kubo et al. (‘872), and Kato et al. (‘820), as respectively set forth in paragraphs 9-11 of the previous FINAL office action on the merits, are subsequently withdrawn. The rejection of claims under 35 U.S.C. 103 over each of Kubo et al. (‘872) and Kato et al. (‘820), as set forth in paragraph 13 of the previous FINAL office action on the merits, is likewise subsequently withdrawn.
Response to Arguments
Applicant’s arguments filed 10 April 2026 with respect to the alleged allowability of claims 1-16 have been considered but are moot because the amendment to claim 1 introduces a new issue under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as follows.
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 1-16 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.
Amended claims 1 and 16 are rejected as being vague and indefinite when they each recite “wherein, for formulae BC and PH-1, H can be replaced by Deuterium” (emphasis added) in the ultimate line; the scope of the protection sought is not clear, as the claims fail to particularly point out and distinctly claim the antecedent basis for hydrogens in formulae BC and PH-1 which can be replaced by deuterium.
Amended claim 3 is rejected as being vague and indefinite when it recites “wherein H can be replaced by Deuterium” (emphasis added) in the ultimate line; the scope of the protection sought is not clear, as the claim fails to particularly point out and distinctly claim the antecedent basis for hydrogens in formulae III and IIIA which can be replaced by deuterium.
Amended claim 4 is rejected as being vague and indefinite when it recites “wherein H can be replaced by Deuterium” (emphasis added) in the ultimate line; the scope of the protection sought is not clear, as the claim fails to particularly point out and distinctly claim the antecedent basis for hydrogens in formulae III-1, III-6, and IIIA-1 which can be replaced by deuterium.
Allowable Subject Matter
Claims 1 and 16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 3 and 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 2 and 5-15 are 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.
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, 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
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