DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/12/26 has been entered.
Response to Amendment
The rejection of Claims 1, 3, 4, and 8-10 under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al. (US 2018/0040834 A1) as set forth in the Final Rejection filed 03/12/26 is overcome by the Applicant’s amendments.
The rejection of Claims 1, 3, 4, 6, and 8-10 under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al. 2 (US 2018/0093962 A1) as set forth in the Final Rejection filed 03/12/26 is overcome by the Applicant’s amendments.
The rejection of Claim 7 under 35 U.S.C. 103 as being unpatentable over Choi et al. 2 (US 2018/0093962 A1) as set forth in the Final Rejection filed 03/12/26 is overcome by the Applicant’s amendments.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 7 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
The claim, which is dependent on Claim 1, recites compounds which are not encompassed by any one of Chemical Formulae 3 and 5-8. Notice that R12 must be a substituent represented by Chemical Formula 10 or Chemical Formula 11.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 4, 6, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2015/0144938 A1).
Lee et al. discloses the following compound:
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(page 46) such that X1 = O, X2-3 = C1 alkyl group (methyl), R1-2 = R5-8 = hydrogen, L1 = carbazolylene, L2 = single bond, and R12 = Applicant’s Chemical Formula 11 (with X4 = N(R21) (with R21 = C6 aryl group (phenyl)) and Y4-7 = C(R16) (with R16 = hydrogen))) of Applicant’s Chemical Formula 6. Lee et al. further discloses an organic electroluminescent (EL) element comprising a pair of electrodes, interposed therein the following layers: hole-injecting layer, hole-transporting layer, light-emitting layer, hole-blocking layer, electron-transporting layer, and electron-injecting layer; its inventive compounds comprise any one of such organic layers, such as the hole-injecting layer, hole-transporting layer, and light-emitting layer ([0052]-[0057]).
Response to Arguments
11. Applicant’s arguments on pages 20-23 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. 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
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