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 .
All outstanding objections and rejections, except for those maintained below, are withdrawn in light of applicant's amendment filed on 8/27/2026.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
The new grounds of rejection set forth below are necessitated by applicant's amendment filed on 8/27/2026. In particular, the scope of original Claims 1 and 10 have been narrowed from that previously presented. Thus, the following action is properly made final.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 7-8, 10-13, and 15-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Shiomi et al (US 2023/0033529).
Regarding claim 1, Shiomi et al discloses the following compound (disclosed as the second compound) (Abstract, [0172]-[0176] and Page 57):
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.
This compound corresponds to Formula 1 of the claims:
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99
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,
where m is two (2); and L is a single bond.
D corresponds to Formula 8 of the claims:
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,
where:
Z1 is single bond;
Z2 is O;
R3 and R4 are hydrogen; and
the integers s and t are each four (4).
In the disclosed compound, A is:
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,
which corresponds to Formula 3 of the claims:
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,
where:
A1 is C linked to D;
A2 and A4 are N;
A3 and A5 are CR1 where R1 is hydrogen.
Thus, the difference between the compound disclosed by the reference and that claimed is that one of A1 to A5 is not C-CN, i.e. A5 is C-R1 and not C-CN. However, the compound disclosed by the reference is but one embodiment, and attention is directed to the following formula ([0174] – Formula 2):
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where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses an embodiment where A5 is Formula 2 of the claims is C-CN. Furthermore, given that A5 is C-CN, the compound disclosed by the reference is not required to meet the recited provisions when A2 or A3 is C-CN.
While the reference fails to exemplify the presently claimed compound nor can the claimed compound be "clearly envisaged" from the reference as required to meet the standard of anticipation, nevertheless, in light of the overlap between the claimed compound and the compound disclosed by the reference, absent a showing of criticality for the presently claimed compound, it is urged that it would have been within the skill level of one of ordinary skill in the art, to use the compound which is both disclosed by the reference and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Regarding claim 2, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, A does not correspond to Formula 5:
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where R8 is a C6-30 aryl group; A1 and A3 are nitrogen; A2 is the carbon atom linked to D; and the rest of A1 to A3 are CR9 where R9 is hydrogen as required by the present claim. However, attention is directed to the following formula ([0174] – Formula 2):
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122
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where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group or an unsubstituted C6-50 aryl group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses Formula 5 as recited in the present claims.
Regarding claim 3, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, A does not correspond to Formula 6:
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where R1 is D and R8 is an unsubstituted C6-30 aryl group required by the present claim. However, attention is directed to the following formula ([0174] – Formula 2):
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122
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where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group or an unsubstituted C6-50 aryl group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses Formula 6 as recited in the present claims.
Regarding claim 4, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, A does not correspond to Formula 7:
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where one R1 is hydrogen and the other or R1 is D; and R8 is an unsubstituted C6-30 aryl group required by the present claim. However, attention is directed to the following formula ([0174] – Formula 2):
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122
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where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group or an unsubstituted C6-50 aryl group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses Formula 7 as recited in the present claims.
Regarding claim 5, Shiomi et al teaches all the claim limitations as set forth above. Given that Formula 3 is not required by the present claims, the reference discloses a compound encompassed by the present claims.
Regarding claim 7, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, L is a single bond, and therefore, does not correspond to Formula 3 of the claims:
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However, the reference discloses that in the formula ([0174] – Formula 2):
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Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen, a substituent, or represented by Formula (2A) ([0176] and [0185]):
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76
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In Formula (2A), L21 is a single bond ([0183]); n2 is one (1) ([0182]); RB corresponds to the groups:
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;
and L22 is a C6 arylene substituted with a cyano group ([0182] and [0187]). Accordingly, the reference discloses Formula 3 of the claims:
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where p is one (1); R2 is hydrogen; and q is one (1).
Regarding claim 8, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, the reference does not disclose Compound 1-64 of the claims:
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However, attention is directed to Formula (2):
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where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group or an unsubstituted C6-50 aryl group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses Compound 1-64 of the claims.
Regarding claim 10, Shiomi et al discloses an organic light emitting device, i.e. an organic light emitting diode comprising an anode, i.e. a first electrode, a cathode, i.e. a second electrode, facing the anode, and an emitting layer disposed between the electrodes (Abstract and Figure 1). The emitting layer comprises the following compound (disclosed as the second compound (Abstract, [0172]-[0176], and Page 57):
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This compound corresponds to Formula 1 of the claims:
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where m is two (2); and L is a single bond.
D corresponds to Formula 8 of the claims:
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134
344
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,
where:
Z1 is single bond;
Z2 is O;
R3 and R4 are hydrogen; and
the integers s and t are each four (4).
In the disclosed compound A is:
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,
which corresponds to Formula 3 of the claims:
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where:
A1 is C linked to D;
A2 and A4 are N;
A3 and A5 are CR1 where R1 is hydrogen.
Thus, the difference between the compound disclosed by the reference and that claimed is that one of A1 to A5 is not C-CN, i.e. A5 is C-R1 and not C-CN. However, the compound disclosed by the reference is but one embodiment, and attention is directed to the following formula ([0174] – Formula 2):
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122
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,
where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses an embodiment where A5 is Formula 2 of the claims is C-CN. Furthermore, given that A5 is C-CN, the compound disclosed by the reference is not required to meet the recited provisions when A2 or A3 is C-CN.
While the reference fails to exemplify the presently claimed compound nor can the claimed compound be "clearly envisaged" from the reference as required to meet the standard of anticipation, nevertheless, in light of the overlap between the claimed compound and the compound disclosed by the reference, absent a showing of criticality for the presently claimed compound, it is urged that it would have been within the skill level of one of ordinary skill in the art, to use the compound which is both disclosed by the reference and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Regarding claim 11, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, A does not correspond to Formula 5:
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where R8 is a C6-30 aryl group and A1 and A3 are nitrogen, A2 is the carbon atom linked to D and the rest of A1 to A3 are CR9 where R9 is hydrogen as required by the present claim. However, attention is directed to the following formula ([0174] – Formula 2):
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122
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where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group or an unsubstituted C6-50 aryl group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses Formula 5 as recited in the present claims.
Regarding claim 12, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, A does not correspond to Formula 6:
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146
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where R1 is D and R8 is an unsubstituted C6-30 aryl group required by the present claim. However, attention is directed to the following formula ([0174] – Formula 2):
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122
130
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,
where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group or an unsubstituted C6-50 aryl group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses Formula 6 as recited in the present claims.
Regarding claim 13, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, A does not correspond to Formula 7:
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where one R1 is hydrogen and the other or R1 is D; and R8 is an unsubstituted C6-30 aryl group required by the present claim. However, attention is directed to the following formula ([0174] – Formula 2):
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122
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,
where Y21 to Y26 are each a nitrogen atom or CRA, where at least one of Y21 to Y26 is N ([0176]). RA is hydrogen or a substituent such as a cyano group or an unsubstituted C6-50 aryl group ([0176] and [0185]). Accordingly, the disclosure of the reference encompasses Formula 7 as recited in the present claims.
Regarding claim 15, Shiomi et al teaches all the claim limitations as set forth above. From the discussion above, the organic light emitting device comprises an emissive layer, i.e. an emitting material layer, which comprises the disclosed compound.
Regarding claim 16, Shiomi et al teaches all the claim limitations as set forth above. Additionally, the reference discloses that in the light emitting layer comprises first and second compound, where the second compound corresponds to the recited organic compound. (Abstract).
Regarding claim 17, Shiomi et al teaches all the claim limitations as set forth above. Additionally, the reference discloses that in the light emitting layer comprises a third compound, i.e. a delayed fluorescent compound ([0491]).
Regarding claim 18, Shiomi et al teaches all the claim limitations as set forth above. Additionally, the organic light emitting device further comprises a light emitting layer, i.e. a first emitting material layer, disposed between the anode and cathode; and a hole transporting layer, i.e. a second emitting material layer, disposed between the anode, i.e. first electrode, and the light emitting layer, i.e. the first emitting material layer (Figure 1 and [0063]).
Regarding claim 19, Shiomi et al teaches all the claim limitations as set forth above. Additionally, the light emitting device further comprises an electron transporting layer, i.e. a third emitting material layer, disposed opposite the hole transporting layer, i.e. the second emitting material layer (Figure 1 and [0063]).
Regarding claim 20, Shiomi et al teaches all the claim limitations as set forth above. Additionally, the reference discloses that the organic light emitting device comprises a substrate (Figure 1). Accordingly, the reference discloses the organic light emitting device as recited in the present claims.
Response to Arguments
Applicant's arguments filed 8/27/2026 have been fully considered but are moot in light of the new grounds of rejection set forth above.
In light of the amendments to the claims, the claim objections and 35 U.S.C. 112 rejections set forth in the previous Office Action are withdrawn. Furthermore, in light of the claim amendments, the 35 U.S.C. 102 and 103 rejections set forth in the previous Office Action are withdrawn.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER C. KOLLIAS whose telephone number is (571)-270-3869. The examiner can normally be reached on Monday-Friday, 8:00AM – 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached on (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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/ALEXANDER C KOLLIAS/Primary Examiner, Art Unit 1786
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