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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/09/26 has been entered.
Response to Amendment
The rejection of Claims 9-13, 15, and 21 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 as set forth in the Final Rejection filed 09/15/25 is overcome by the Applicant’s amendments.
The rejection of Claim 22 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 as set forth in the Final Rejection filed 09/15/25 is overcome by the cancellation of the claim.
The rejection of Claims 1, 2, 4-13, 15, 17, 18, 20, 21, 23, and 24 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 as set forth in the Final Rejection filed 09/15/25 is overcome by the Applicant’s amendments.
The rejection of Claim 22 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 as set forth in the Final Rejection filed 09/15/25 is overcome by the cancellation of the claim.
The rejection of Claim 22 under 35 U.S.C. 103 as being unpatentable over Min et al. (US 2021/0043856 A1) as set forth in the Final Rejection filed 09/15/25 is overcome by the cancellation of the claim.
The rejection of Claim 1 under 35 U.S.C. 103 as being unpatentable over Min et al. (US 2021/0043856 A1) as set forth in the Final Rejection filed 09/15/25 is overcome by the Applicant’s amendments.
The rejection of Claims 1, 2, 4-6, 9-13, 17, 18, 20, and 24 under 35 U.S.C. 103 as being unpatentable over Min et al. (US 2021/0043856 A1) as set forth in the Final Rejection filed 09/15/25 is overcome by the Applicant’s amendments.
Claim Objections
Claims 9-13 and 15 are objected to because of the following informalities:
Claim 9, which the other claims are dependent upon, recites the structure Formula II which is graphically unclear due to its small size and low resolution. The structure needs to be replaced by a structure of larger size and solid lines for the bonds, atoms, and variable groups.
Appropriate correction is required.
Allowable Subject Matter
12. Claims 1, 2, 4-8, 17, 18, 20, 21, and 23-25 are allowed. Furthermore, Claims 9-13 and 15 are currently objected to due to minor informalities, but would be allowable if amended to overcome the objection as set forth above.
The closet prior art is provided by Min et al. (US 2021/0043856 A1), which discloses the following metal complexes comprising carbene ligands of the following form:
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294
384
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([0044]) where X41 and X44 may each be N ([0067]). An embodiment is disclosed:
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270
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(page 29). However, it is the position of the Office that neither Min et al. singly nor in further combination with any other prior art discloses any of the compounds comprising ligand LA as recited in the claims, particularly in regards to the nature of R1 in combination with at least one of conditions (i)-(v) being true.
Response to Arguments
13. Applicant’s arguments on pages 78-81 with respect to the deficiencies of the previously cited prior art in view of the newly amended claims have been fully considered and are persuasive. Hence, the previous rejections have been withdrawn.
Conclusion
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L YANG whose telephone number is (571)270-1137. The examiner can normally be reached Mon-Fri, 6am-3pm.
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/JAY YANG/Primary Examiner, Art Unit 1786