CTNF 19/220,524 CTNF 70775 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-30-02 AIA 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. 07-34-01 Claims 1-17 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 “r1, r2, r3 denote 0 , 1, 2, 3, or 4; wherein the compounds of formula I contain at least one group L that denotes L A ” ( emphasis added); the scope of the protection sought is not clear. The polymerizable compound of formula I will not meet the proviso of having at least one of the groups L being L A if all of r1, r2, and r3 are 0. Claim 1 fails to particularly point out and distinctly claim the polymerizable compound of formula I contained in the claimed liquid crystal medium. Claim 2 is rejected as being vague and indefinite when it recites the subformulae I-1 through I-28; the scope of the protection sought is not clear since claim 1 fails to particularly point out and distinctly claim that at least one of r1, r2, and r3 is 1. Claim 3 is rejected as being vague and indefinite when it recites the subformulae I1 through I32; the scope of the protection sought is not clear since claim 1 fails to particularly point out and distinctly claim that at least one of r1, r2, and r3 is 1. Claim 4 is rejected as being vague and indefinite when it recites “ further comprising one or more compounds selected from subformulae IIA-IIF ” ( emphasis added); the scope of the protection sought is not clear as the compound of formulae IIA through IIF are within the scope of the compounds of formula II. Claim 4 fails to particularly point out and distinctly claim the contents of the claimed liquid crystal medium, i.e., that the compounds of formula II are selected from subformulae IIA-IIF. Claim 17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, when it recites the “ Use of the LC medium according to Claim 1” (emphasis added), as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. 07-06 AIA 15-10-15 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 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1 and 6 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Hirschmann et al. (U.S. Patent No. 11,453,824) . Example P9 of Hirschmann et al. expressly illustrates a liquid crystal medium PNG media_image1.png 255 411 media_image1.png Greyscale PNG media_image2.png 337 414 media_image2.png Greyscale characterized by comprising a combination of a polymerizable compound inclusive of the polymerizable compound of the present formula I , and a compound inclusive of the compound of the present formula II , and the more specific subformulae IIA , i.e., Y-4O-O4, CY-3-O2, CCY-3-O2 and CCY-4-O2, as well as a compound inclusive of the compound of the present formula IV as recited in claim 6, as represented therein by CCH-34 and CCH-35. 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. 2025/0368897, which is the pre-grant publication corresponding to the present application, and U.S. Patent No. 11,999,891, which teaches a compound of the present formula II in combination with a polymerizable compound similar to that of the present formula I, as represented by PNG media_image3.png 122 406 media_image3.png Greyscale (column 73, line 55+) and I2A-2-1, I2A-2-2, I2A-3-1, I2A-3-2, I2A-3-3, I2A-3-4, I2A-4-1, I2A-4-2, I2A-4-3, i2a-5-1, I2A-5-2, except that the substituent comparable to the present L A , i.e., A, is an alkenyl group instead of a C1-C6 alkyl group. Allowable Subject Matter Assuming arguendo that applicants rewrite or amend the claims to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action, claims limited to the compound of formula II characterized in that the substituent Y therein is F, Cl, CF 3 , CHF 2 , or CH 3 would be allowable. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. GERALDINA VISCONTI Primary Examiner Art Unit 1737 /GERALDINA VISCONTI/Primary Examiner, Art Unit 1737 Application/Control Number: 19/220,524 Page 2 Art Unit: 1737 Application/Control Number: 19/220,524 Page 4 Art Unit: 1737 Application/Control Number: 19/220,524 Page 5 Art Unit: 1737
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