DETAILED ACTION
This Office Action is in response to the Applicant’s Amendment filed 01/08/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The rejection of Claim 5 under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2018/0040834 A1) as set forth in the Non-Final Rejection filed 10/08/25 is overcome by the cancellation of the claim.
The rejection of Claims 1, 3, 4, and 6-10 under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2018/0040834 A1) as set forth in the Non-Final Rejection filed 10/08/25 is overcome by the Applicant’s amendments.
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)(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.
Claims 1, 3, 4, and 8-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al. (US 2018/0040834 A1).
Choi et al. discloses compounds of the following form:
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28
100
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([0016]) where n = 1-3, L = linker such as single bond and arylene, and HAr2 is the following (among others):
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148
396
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([0017]) and HAr1 = aryl or heteroaryl ([0017]). An embodiment is disclosed:
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344
398
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(page 64) such that X1 = O, X2-3 = C1 alkyl group (methyl), R1-4 = R7-8 = hydrogen, L = heteroarylene group having 6 nuclear atoms (substituted pyrimidinylene), and R12 = Applicant’s Chemical Formula 11 (with X4 = O and Y4-7 = CH) of Applicant’s Chemical Formula 8. Choi et al. further discloses an organic electroluminescent (EL) element comprising a pair of electrodes, interposed therein the following layers: hole-transporting layer, light-emitting layer, and electron-transporting layer; its inventive compounds comprise the electron-transporting layer ([0041], [0044]). Notice that the entirety of the layers interposed between the electrodes is inherently a light-emitting layer.
Claims 1, 3, 4, 6, and 8-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al. 2 (US 2018/0093962 A1).
Choi et al. 2 discloses compounds of the following form:
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388
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([0013]) where one of X1-10 = carbon atom connected to A1 ([0024]). An embodiment is disclosed:
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418
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(page 13) such that X1 = O, X2-3 = C1 alkyl group (methyl), R1-5 = R8 = hydrogen, L = single bond, and R12 = Applicant’s Chemical Formula 10 (with R13-14 = C12 aryl group (biphenyl)) of Applicant’s Chemical Formula 7. Choi et al. 2 further discloses an organic electroluminescent (EL) device comprising the following layers: substrate (10), anode (20), hole-injecting layer (30), hole-transporting layer (40), light-emitting layer (50), electron-transporting layer (60), electron-injecting layer (70), and cathode (80) (Fig. 1); its inventive compounds comprise the hole-transporting layer ([0011]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating
obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. 2 (US 2018/0093962 A1).
Choi et al. 2 discloses compound of Claim 1 as shown above. The compound is shown below:
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418
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(page 13). Choi et al. 2 discloses that its inventive compounds are of the following form:
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388
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([0013]) where one of X1-10 = carbon atom connected to A1 ([0024]). However, Choi et al. 2 does not explicitly disclose any of the recited compounds. Nevertheless, it would have been obvious to modify Compound 46 as disclosed by Choi et al. 2 (above) to produce Cpd 419 as recited in the claim. The motivation is provided by the fact that the modification merely involves change in the connection point of the arylamino group on the fused benzene ring (to an adjacent position), producing a positional isomer that can be expected to have highly similar chemical and physical properties; additional motivation exists, including the fact that the modification merely involves the selection of one possible embodiment from a highly finite list of possibilities as envisioned from the scope of Choi et al. 2’s general formula (i.e., in regards to the connection point of the A1 group), thus rendering the production predictable with a reasonable expectation of success.
Response to Arguments
11. Applicant’s arguments on pages 71-72 with respect to the deficiencies of the previously cited prior art have been considered but are moot in view of the new grounds of rejection as set forth above.
Conclusion
12. Applicant's amendment necessitated the new ground(s) of rejection 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.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L YANG whose telephone number is (571)270-1137. The examiner can normally be reached Mon-Fri, 6am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer A Boyd can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAY YANG/Primary Examiner, Art Unit 1786