DETAILED ACTION
This office action is in response to the applicant’s filing dated May 14th, 2026.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 14th, 2026 has been entered.
Priority
This application is a 371 of PCT/KR2020/001050 filed on January 22nd, 2020; and claims benefit of foreign priority of KR10-2019-0009730 filed on January 25th, 2019. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Claims 1, 3 and 5-9 are pending in the instant application. Acknowledgement is made of
Applicant's remarks and amendments filed on May 14th, 2026. Acknowledgement is made of
Applicant's amendment of claim 3; cancelation of claims 2 and 4; and addition of new claim 9.
Applicant originally elected Compound C-263 in the Response to Restriction/Election Requirement on December 2nd, 2024, the Examiner expanded search to include Compound C-123.
Election/Restrictions
Newly submitted claim 9 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claim 9 is directed to the organic electroluminescent compound according to claim 3, wherein the at least one of the substituents at the R1-R4 and R7-R12 positions of Formula (1-3) are substituted alkyl, substituted aryl(ene), substituted heteroaryl(ene), substituted sily, and substituted amino. However, the originally elected and expanded to compounds are H at each of those positions.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 9 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
In the interest of compact prosecution, the Examiner has expanded search to include Compound C-28 shown below, which can be seen in the specification on page 12, paragraph [51]:
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Which is a species of instantly claimed genus Formula (1) wherein X is O; wherein R1-R6 are H; wherein R7 and R8 are fused to Formula (2)
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; wherein R9 is L-ETU; wherein L is a single bond; wherein ETU is a substituted triazinyl, specifically a 4,6-diphenyl-1,3,5-triazine; and wherein R10-R12 are H.
A prior art search was conducted for the elected species.
This search retrieved prior art. Therefore, the Examiner’s search will not be extended unnecessarily to additional species in/for/during this Office action.
Claims 1,3 and 5-8 read on the elected species and will be examined herein.
Response to Declaration
The Declaration under 37 CFR 1.132 filed May 14th, 2026 is insufficient to overcome the newly applied art in the rejection below of claims 1, 3 and 5-8.
Claim Rejections - 35 USC § 102
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.
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 and 5-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shin et al (US 11,482,682 B2).
Regarding claim 1, Shin teaches the compound Inv-001 shown below (column 162, claim 4, first compound):
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Compound Inv-001 of Shin is Compound C-28 of instantly claimed Formula (1) expanded to by the Examiner.
Regarding Claims 3 and 5, Shin teaches the compound shown below:
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Which is a compound of Chemical Formula 1B of Shin shown below (column 6, line 50):
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wherein X is O (column 5, line 65); wherein R1, R2, R3, R4, Rc1 and Rc2 are H (column 6, line 3); wherein L1, L2, L3 and L4 are single bonds (column 6, lines 8-9); wherein R5, R7 and R8 are H (column 6, lines 10-15); and wherein R6 is substituted triazinyl (column 6, lines 15-18), specifically 4,6-diphenyl-1,3,5-triazine (column 7, lines 3-7). This is instantly claimed Compound C-123.
Shin further teaches the compound shown below:
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which is a compound of Chemical Formula 1B of Shin shown above (column 6, line 50) wherein X is O (column 5, line 65); wherein R1, R2, R3, R4, Rc1 and Rc2 are H (column 6, line 3); wherein L1, L2 and L4 are single bonds (column 6, lines 8-9); wherein L3 is an unsubstituted C10 aryl group (column 6, lines 8-9), specifically naphthalene (column 4, lines 40-42); wherein R5, R6 and R8 are H (column 6, lines 10-15); and wherein R7 is substituted triazinyl (column 6, lines 15-18), specifically 4,6-diphenyl-1,3,5-triazine (column 7, lines 3-7). This is instantly claimed Compound C-263.
Regarding claims 6-8, Shin teaches an organic optoelectronic diode including the compounds above (column 2, lines 1-2; column 140, lines 35-42); and that an organic optoelectronic diode may be an Organic Light Emitting Diode (OLED; column 1, lines 34-35), which is a device converting electrical energy into light by applying electrical current to an organic light emitting material (column 1, lines 40-42). Shin further discloses that the OLED has a structure wherein the organic layer is disposed between an anode and cathode; and the organic layer may include a light emitting layer, and optionally an auxiliary layer; wherein the auxiliary layer may include a hole injection layer, hole transport layer, electron transport layer and an electron injection layer (column 1, lines 44-51).
Thus, the teachings of Shin anticipate the compound, material and device of instant claims 1, 3 and 5-8.
Conclusion
Claims 1, 3 and 5-8 are rejected.
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER L JOHNSON whose telephone number is (571)272-1672. The examiner can normally be reached Monday - Friday 08:00AM - 5:00PM EST with Flex on Fridays.
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/C.L.J./Examiner, Art Unit 1691
/RENEE CLAYTOR/Supervisory Patent Examiner, Art Unit 1691
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