DETAILED ACTION
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 21 October 2025 has been entered.
Response to Amendment
The amendment of 21 October 2025 has been entered.
Disposition of claims:
Claim 1 has been amended.
Claims 5-7 and 9 are cancelled.
Claims 1-4 and 8 are pending.
The amendment to claim 1 has overcome the rejection of claims 1-4 and 8 under 35 U.S.C. 102(a)(1) as being anticipated by Kawamura et al. (US 2012/0138914 A1) (hereafter “Kawamura”) set forth in the last Office action. The rejection has been withdrawn. However, as outlined below, new grounds of rejection have been made.
The amendment to claim 1 has overcome the rejection of claims 1-4 under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2016/0351816 A1) (hereafter “Kim”) set forth in the last Office action as well as the rejection of claim 9 under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2016/0351816 A1) (hereafter “Kim”) set forth in the last Office action. The rejections have been withdrawn. However, as outlined below, new grounds of rejection have been made.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims 1-4 and 8 under 35 U.S.C. 102(a)(1) as being anticipated by Kawamura et al. (US 2012/0138914 A1) (hereafter “Kawamura”) set forth in the last Office action have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments with respect to the rejection of claims 1-4 under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2016/0351816 A1) (hereafter “Kim”) set forth in the last Office action as well as the rejection of claim 9 under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2016/0351816 A1) (hereafter “Kim”) set forth in the last Office action have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (WO 2010/151006 A1) (hereafter “Kim”).
Regarding claims 1, 4, and 8: Kim discloses an organic electronic device comprising a first electrical contact, a second electrical contact, and a photoactive layer therebetween {paragraphs [0117]-[0119] and Table 2: Example 2}.
The photoactive layer comprises the compound shown below {paragraphs [0117]-[0119] and Table 2: Example 2}.
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Claim(s) 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (WO 2010/151006 A1) (hereafter “Kim”).
Regarding claims
1-4: Kim discloses the compound shown below {p. 11}.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN CLAY KERSHNER whose telephone number is (303)297-4257. The examiner can normally be reached M-F, 9am-5pm (Mountain).
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/DYLAN C KERSHNER/Primary Examiner, Art Unit 1786