Prosecution Insights
Last updated: July 17, 2026
Application No. 16/954,098

HETEROCYCLIC COMPOUND FOR USE IN ELECTRONIC DEVICES

Final Rejection §112
Filed
Jun 15, 2020
Priority
Dec 19, 2017 — EU 17208699.3 +1 more
Examiner
CHEN, PO-CHIH
Art Unit
1621
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Merck Patent GmbH
OA Round
6 (Final)
74%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
559 granted / 753 resolved
+14.2% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
55 currently pending
Career history
801
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
61.8%
+21.8% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 753 resolved cases

Office Action

§112
CTFR 16/954,098 CTFR 88629 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. DETAILED ACTION This office action is a response to Applicant’s amendments/remarks after non-final rejection filed 1/29/2026. As filed, claims 1-7, 9, 10, 12-14, and 18-21 are pending; claim 17 is withdrawn; and claims 8, 11, 15, and 16 are cancelled. Response to Amendments/Remarks Applicant’s amendments/remarks, filed 1/29/2026, with respect to claims 1-7, 9, 10, 12-14, and 18-21, have been fully considered and are entered. The status for each rejection in the previous Office Action is set out below. The § 112(b) indefinite rejection of claims 5 and 21 is withdrawn per amendments. However, the amendments introduce additional 112(b) indefinite issues. For details, see rejection below. The § 112 fourth paragraph rejection of claims 7 and 19 is withdrawn per amendments. Claim Rejections - 35 USC § 112(b) 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 5 and 21 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. Regarding claim 5, the claim recites the following formula (H-3) for the instant hole transport group: PNG media_image1.png 228 214 media_image1.png Greyscale ; and recites, “when p=0 the dotted bond in formula (H-3) connects directly to the Nitrogen atom”. It is unclear to the Examiner how the dotted line (i.e. point of attachment) can be connected to the nitrogen atom in formula (H-3) when instant variable p is 0. The nitrogen atom shown in formula (H-3) is neutral and thus, permits for only 3 bonds, each to Ar 4 , Ar 3 and W 1 . Having the dotted line connected to the nitrogen atom creates the 4 th bond, and makes the nitrogen atom a quaternary ammonium salt with a positive charge on the nitrogen atom, which is not permitted in formula (H-3) and thus, rendered the metes and bounds of formula (H-3) unclear, when p = 0. Accordingly, the claim is indefinite. Regarding claim 5 , the claim recites the following phrases: PNG media_image2.png 30 512 media_image2.png Greyscale ; and “in the case that W 1 = NR or NAr, the index p =1”, It is unclear to the Examiner whether W 1 should include the definition of NR or NAr introduced by the second phrase, when W 1 failed to recites NR or NAr as one of its definition. Accordingly, the metes and bounds of W 1 is unclear, which rendered the claim indefinite. Regarding claim 21 , the claim is dependent of claim 5, and it failed to correct the indefiniteness issue of claim 5, which rendered the claim indefinite. Claim Objections 07-29-01 AIA Claim s 1-3, 5, 9, and 10 are objected to because of the following informalities: Regarding claims 1-3, 5, 9, and 10 , the variables are misaligned in the formula(s) within these claims and thus, replacement structures with aligned variables are needed . Appropriate correction is required. Claims 4, 6, 7, 12-14 and 18-20 are objected to as being dependent upon an objected base claim, but would be allowable if the objection of the base claim is corrected. Conclusion Claims 5 and 21 are rejected. Claims 1-7, 9, 10, 12-14, and 18-20 are objected. Claim 17 is withdrawn. Claims 8, 11, 15, and 16 are cancelled. 07-40 AIA 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. Telephone Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to PO-CHIH CHEN whose telephone number is (571)270-7243. The examiner can normally be reached Monday - Friday 10:00 am to 6:00 pm. 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, Clinton Brooks can be reached at (571)270-7682. 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. /PO-CHIH CHEN/Primary Examiner, Art Unit 1621 Application/Control Number: 16/954,098 Page 2 Art Unit: 1621 Application/Control Number: 16/954,098 Page 3 Art Unit: 1621 Application/Control Number: 16/954,098 Page 4 Art Unit: 1621 Application/Control Number: 16/954,098 Page 5 Art Unit: 1621 Application/Control Number: 16/954,098 Page 6 Art Unit: 1621
Read full office action

Prosecution Timeline

Show 9 earlier events
Jan 27, 2025
Response Filed
May 23, 2025
Final Rejection mailed — §112
Aug 05, 2025
Response after Non-Final Action
Sep 23, 2025
Request for Continued Examination
Oct 06, 2025
Response after Non-Final Action
Nov 05, 2025
Non-Final Rejection mailed — §112
Jan 29, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
74%
Grant Probability
89%
With Interview (+14.5%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 753 resolved cases by this examiner. Grant probability derived from career allowance rate.

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