DETAILED ACTION
Continued Examination Under 37 CFR 1.114
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 1, 2025 has been entered.
The amendment dated December 1, 2025 is entered. Claims 1 and 13 were amended. Claim 14 was added. Claims 6 and 11 are canceled. Claims 1-5, 7-10, and 12-14 are pending.
Claim Rejections - 35 USC § 112
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.
Claim 14 is 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.
Claim 14 recites a variable E2, but claim 1 does not appear to include a group E2 in any structure. Accordingly, the meaning of E2 is not understood and claim 14 is considered indefinite. Clarification and/or correction are required.
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.
Claims 13 and 14 are 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. 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 13 depends upon claim 1, which recites the compound of Formula 2 can not be symmetrical (see last four lines of claim 1); however, claim 13 continues to recite at least one symmetrical compound. Below reproduced compound listed in claim 13 is a symmetrical compound (see page listed at bottom as “203” in 12/01/2025 claim set):
PNG
media_image1.png
76
122
media_image1.png
Greyscale
.
Accordingly, claim 13 is considered to recite subject matter outside the scope of parent claim 1.
Claim 14 recites E1 may be aliphatic hydrocarbon ring, but parent claim 1 defines E1 more narrowly such that when an aliphatic hydrocarbon ring it is specifically C5 to C20. Accordingly, claim 14 recites a broader definition for an E1 group than recited in parent claim 1, upon which it depends.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7-10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2022/0006019 A1).
Kim et al. teaches organic electroluminescent devices comprising a plurality of light emitting materials including anthracene compound(s) of Formula 1 and second compound(s) of Formula 2 (see par. 8) in a light emitting layer in a device structure (see par. 71, 72). .
Formula (1) is the following per instant Formulas “1”:
PNG
media_image2.png
234
320
media_image2.png
Greyscale
(see par. 8).
R1 to R8 are defined in par. 12, L1 and L2 are defined in par. 10, and Ar1 and Ar2 are defined in par. 11. “Dn” represents n hydrogens are replaced with deuterium (see par. 13). More specifically, Formula 1 includes at least H-60 per instant Formula 1-1:
PNG
media_image3.png
158
320
media_image3.png
Greyscale
(middle page 16)
H-260 per instant Formula 1-3:
PNG
media_image4.png
140
296
media_image4.png
Greyscale
(top page 42).
Formula 2 is the following (see par. 14-19) per instant Formula 2:
PNG
media_image5.png
138
224
media_image5.png
Greyscale
.
In Formula 2, Y1 is B and X1 and X2 are nitrogen-containing (NR) (see par. 17-18). The rings A, B, and C are independently substituted or unsubstituted C6 to C30 aryl or substituted or unsubstituted 3- to 50-membered heteroaryl (see par. 16). Accordingly, rings A to C may each be aryl such as phenyl (see par. 25) and at least one of B or C may be heteroaryl group including benzofuranyl, benzothiophenyl, or indolyl (see par. 26) per instant 2-C group. Substituted is defined to include a hydrogen atom replaced with deuterium (see par. 29).
Regarding claims 2 and 3, Formula 1 compound comprise n number of deuterium, which may include 30% deuteration of instant claim 2 and/or deuteration corresponding to instant claim 3 (see Formula 1 above).
Regarding claim 4, Kim et al. teaches “at least one of first compound”, which includes using two of the anthracene compounds of Formula 1 (see par. 8).
Regarding claims 5 and 7, the above discussed Kim et al. compounds H-260 and H-60 read upon compounds of the claims, respectively.
Regarding claims 8 and 9, in Formula 2, X1 and X2 are NR (see par. 14 and 18). The R may include at least C6 aryl, which includes phenyl (see par. 19, 25). Y1 is B (see par. 17). The rings A, B, and C are independently substituted or unsubstituted C6 to C30 aryl or substituted or unsubstituted 3- to 50-membered heteroaryl (see par. 16). Accordingly, rings A to C may each be aryl such as phenyl (see par. 25) and at least one of B or C may be heteroaryl group including benzofuranyl, benzothiophenyl, or indolyl (see par. 26) per instant 2-C group. Substituted is defined to include a hydrogen atom replaced with deuterium (see par. 29, 16-19). Regarding at least the following specific instant compound of instant claim 13, Kim et al. Formula 2 ring A may be selected as phenyl substituted with methyl alkyl, ring B may be selected as dibenzofuranyl substituted with tert-butyl alkyl, ring C may be selected as benzothiophenyl substituted with tert-butyl alkyl, and NRs per X1 and X2 may be selected as phenyl aryl substituted with tert-butyl alkyl, and Y1 may be selected as boron (see par. 14-19, 25, 26, 29):
PNG
media_image6.png
122
168
media_image6.png
Greyscale
[Instant compound of claim 13 – see page 197 (as printed at bottom of page) of 12/01/2025 claim set, third compound on third row.]
Regarding claim 14, X1 and X2 of Formula 2 may be NR where R may be selected as C1 to C30 cycloalkyl (see par. 14-19) per instant limitation “R4 or R5 is a substituted or unsubstituted C3-C30 cycloalkyl”.
Regarding claim 10, Kim et al. as discussed above teaches at least H-60 per instant Formula 1-1 where “n” deuteriums may be present:
PNG
media_image3.png
158
320
media_image3.png
Greyscale
(middle page 16).
Regarding claim 12, Kim et al. as discussed above teaches at least H-260 per instant Formula 1-3:
PNG
media_image4.png
140
296
media_image4.png
Greyscale
(top page 42).
While Kim et al. does not appear to teach an example device where a specific Formula 2 compound with at least one fused heteroaryl group as ring B or C was selected for a light emitting layer of a device in combination with Formula 1 deuterated anthracene compound(s) as discussed above, given the teachings of the reference, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to select materials of the reference for a device structure, choosing as the compounds, those described above, wherein the resultant compounds for a light emitting layer would also meet the limitations of the instant claims. One would expect to achieve an operational light emitting device within the disclosure of Kim et al. with a predictable result and a reasonable expectation of success.
Response to Arguments
Applicant's arguments filed December 1, 2025 have been fully considered but they are not persuasive.
Applicant argues “the asymmetric structure of Formula 2 provides superior and advantageous results” (see page 208). In response, while the scope of amended claim 1 is slightly narrowed, the claim includes significantly more possible compounds than are represented by the discussed example embodiments. Further, even dependent claim 13 with specific compounds has a large number of compounds much more extensive than the few example embodiments discussed. Additionally, the “inventive” compounds of the experimental results vary in more substituents and features than just the feature of asymmetry versus symmetry in the comparative compound BD-6. One can not conclude the discussed results clearly demonstrate the breadth of claimed compounds are unexpectedly superior to symmetrical compounds (such as BD-6). The examples relied on by applicant as evidence of unexpected results do not provide an adequate basis to support a conclusion that other embodiments falling within the scope of the claims will behave in the same manner, and therefore, the evidence is not persuasive of nonobviousness because it is not commensurate in scope with the claims. (See In re Kao, 639 F.3d 1057, 1068 (Fed. Cir. 2011).) Note MPEP 716.02(d), “Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the “objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support.” In other words, the showing of unexpected results must be reviewed to see if the results occur over the entire claimed range.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dawn Garrett whose telephone number is (571)272-1523. The examiner can normally be reached Monday through Thursday (Eastern Time).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer 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.
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.
/DAWN L GARRETT/Primary Examiner, Art Unit 1786