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 § 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 1-13 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.
Claim 1 is rejected as being vague and indefinite when it recites “SP1 and SP2 each independently from each other represents a group of the formula -(CH2)p- in which p is an integer of 1 to 18 and in which one, two, three or four, -CH2- groups are unreplaced or replaced by groups selected from the group consisting of -CH=CH-, -O-, -S-, -NR'-,-CO-, -COO-, -OOC-, -CONR'-, -OCOO- and -OCONR', with the proviso that firstly the spacer group does not contain two adjacent heteroatoms, and secondly when Xi, X2, X3 and X4 is a single bond, p can also have a value of 0” (emphasis added); the scope of the protection sought is not clear. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “p is an integer of 1 to 18”, and the claim also recites “p can also have a value of 0” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Claim 1 fails to particularly point out and distinctly claim the substituents SP1 and SP2 in the compound of formula (I).
Claim 1 is rejected as being vague and indefinite when it recites “SP1 and SP2 each independently from each other represents a group of the formula -(CH2)p- in which p is an integer of 1 to 18 and in which one, two, three or four, -CH2- groups are unreplaced or replaced by groups selected from the group consisting of” (emphasis added); the scope of the protection sought is not clear. Claim 1 fails to particularly point out and distinctly claim the substituents SP1 and SP2 in the compound of formula (I), i.e., the minimum number of -CH2- groups required and the minimum number of -CH2- groups required to be replaced by one of the recited groups.
Claim 8 is rejected as being vague and indefinite when it recites a “method comprising using a compound” “in the manufacture of an optical or an electro-optical device”. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Claim 8 fails to particularly point out and distinctly claim the steps in the claimed method.
Claim 11 is rejected as being vague and indefinite when it recites ”a method comprising using a mixture” “in the manufacture of an optical or an electro-optical device”. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Claim 11 fails to particularly point out and distinctly claim the steps in the claimed method.
Claim Objections
Claims 6 and 7 are objected to because of the following informalities: claims 6 and 7, while respectively drawn to a “LCP mixture” (emphasis added) and a “LCP network” (emphasis added), contain no further limitations regarding the preamble, and as such are essentially the same. Appropriate correction is required.
Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure of a polymerizable compound characterized by comprising a core represented by
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: WIPO Patent No. WO 2024/200529 A1.
Allowable Subject Matter
Claim 1 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.
Assuming arguendo that claim 1 is satisfactorily amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, then claims 2-13 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.
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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737