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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/01/2026 has been entered.
Status of Claims
Claims 1, 10, 17-18, and 20 are amended due to Applicant's amendment dated 04/01/2026. Claims 1-20 are pending.
Election/Restrictions
As discussed in the previous Office Action, Applicant elected Species A (a condensed cyclic compound of Formula 2-11) in the reply filed on 07/18/2025.
Formula 2-11:
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Response to Amendment
The objection to claim 16 as set forth in the previous Office Action is not overcome due to the Applicant's amendment dated 04/01/2026. The objection is maintained.
The rejection of claims 1-3, 7, and 10-19 under 35 U.S.C. 103 as being unpatentable over Ueno (English translation of JP 2002324675 A obtained from Global Dossier) in view of Lu (US 2021/0013424 A1) is overcome due to the Applicant’s amendment dated 04/01/2026. The rejection is withdrawn.
The rejection of claims 4-6 under 35 U.S.C. 103 as being unpatentable over Ueno in view of Lu and Chen (US 2020/0411775 A1) is overcome due to the Applicant’s amendment dated 04/01/2026. The rejection is withdrawn.
The rejection of claim 8 under 35 U.S.C. 103 as being unpatentable over Ueno in view of Lu and Jeong (US 7,652,287 B2) is overcome due to the Applicant’s amendment dated 04/01/2026. The rejection is withdrawn.
The rejection of claim 9 under 35 U.S.C. 103 as being unpatentable over Ueno in view of Lu and Cok (US 2004/0080267 A1) is overcome due to the Applicant’s amendment dated 04/01/2026. The rejection is withdrawn.
The rejection of claim 20 under 35 U.S.C. 103 as being unpatentable over Ueno in view of Lu and Liu (English translation of CN 112442035 A obtained from Global Dossier) is not overcome due to the Applicant’s amendment dated 04/01/2026. The rejection is maintained.
Response to Arguments
Applicant argues on page 30 that the objection to claim 16 is moot given that claim 16 is amended for clarity. However, the objection to claim 16 is maintained because the structures of Formulae 3-1 to 3-47 which include the subscripts of e2 to e9 are blurry.
Applicant’s arguments on pages 30-34 of the reply dated 04/01/2026 with respect to the rejection of claims 1-20 as set forth in the previous Office Action have been fully considered but they are not persuasive.
Applicant's argument –Applicant argues that the cited references do not teach the claims as amended which require:
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Examiner's response –As discussed below and in the previous rejection, the cited references Ueno in view of Lu and Liu teach a compound of the claimed invention wherein R1 and R2 are each a cyano group. Accordingly, the cited references teach the claims as amended.
Claim Objections
Claim 16 is objected to because of the following informalities: claim 16 includes groups of Formulae 3-1 to 3-47 which include variables Z31 to Z36 and subscripts of e2 to e9 that are blurry. Appropriate correction is required.
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 20 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 20 recites compounds 12-13 which read on the claimed Formula 1 wherein Z is *-C(E1)=C(E2)-*’ and R1 and R2 are each a C6 carbocyclic group substituted with cyano. However, claim 10 (of which claim 20 depends upon) recites the newly added proviso that requires R1 and R2 to be selected from a hydroxyl group, a cyano group, a nitro group, -Si(Q1)(Q2)(Q3), -N(Q1)(Q2), -B(Q1)(Q2), -C(=O)(Q1), -S(=O)2(Q1), or P(=O)(Q1)(Q2) when Z is *-C(E1)=C(E2)-*’. Since compounds 12-13 do not satisfy the proviso, it is unclear how compounds 12-13 read on the amended claim. For purposes of examination, compounds 12-13 will be interpreted as not present.
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.
Claim 20 is 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.
As discussed above with respect to the 112(b) rejection of claim 20, compounds 12-13 do not properly depend from the formula recited in claim 10. If compounds 12-13 are selected, they do not satisfy all the requirements of Formula 1. Thus claim 20 does not properly depend from claim 10.
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 10-13 and 17-18 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Masato (English translation of WO 2015147326 obtained from Global Dossier).
Regarding claims 10-13 and 17-18, Masato teaches the compound 3-1 which is reproduced below in comparison to the claimed Formula 1 (see pg. 6).
3-1:
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Formula 1:
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Compound 3-1 reads on the claimed Formula 1 wherein:
X3 to X10 are C(R3) to C(R10), respectively (claim 11);
Z is *-C(E1)=C(E2)-*’;
n1 is 1;
E1 is *”-(L1)a1-(R1)b1 and E2 is *”-(L2)a2-(R2)b2;
L1 and L2 are each a single bond (claims 12-13);
a1 and a2 are each 1;
R1 and R2 are each a hydroxyl group, and R3 to R10 are each hydrogen; and
b1 and b2 are each 1.
Additionally, compound 3-1 reads on the claimed Formulas 2-1 and 2-11 wherein Z1 is *C(E11)=C(E12)-*’; E11 is *”(L11)a11-(R11)b11 and E12 is *”-(L12)a12-(R12)b12; L11 and L12 are each a single bond; a11 and a12 are each 1; R11 and R12 are each a hydroxyl group and R12 is hydrogen (claims 17-18).
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 1-3, 7, and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ueno (English translation of JP 2002324675 A obtained from Global Dossier) in view of Lu (US 2021/0013424 A1) and Liu (English translation of CN 112442035 A obtained from Global Dossier).
Regarding claims 1-3, 7, and 10-20, Ueno teaches an organic light-emitting element having an extremely high efficiency, high luminance, and a long-life light output, wherein the organic light-emitting element includes an anode, a hole transport layer, a light emitting layer, an electron transport layer, and a cathode, and the light-emitting layer contains a compound represented by general formula [1] as a matrix material (¶ [0008]-[0012], [0031], [0036], and [0057]). Examples of compounds represented by general formula [1] include compound 16 (pg. 4).
general formula [1]:
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16:
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Compound 16 fails to include two phenylene groups fused to the core structure of general formula [1], and instead includes a phenylene group and a naphthalene group fused to the core structure. However, Ueno teaches R1 and R2, and R5 and R6 may form a fused ring (¶ [0012]). As shown in compound 16 above, the formed fused ring includes phenylene.
Therefore, given the general formula and teachings of Ueno, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the fused naphthalene group
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with a fused phenylene group as shown in compound 16
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, because Ueno teaches R1 and R2, and R5 and R6 may form a fused ring and the fused ring may suitably be selected as phenylene. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified compound would be useful as the matrix material in the light emitting layer of the device of Ueno and possess the benefits taught by Ueno. See MPEP 2143.I.(B)
The modified compound 16 fails to read on the claimed Formula 1 as it does not comprise at least one cyano group, C3-C60 carbocyclic group, C1-C60 heterocyclic group or -N(Q1)(Q2).
In the analogous art of materials of organic electronic devices, Lu teaches a cyano group is a stronger electron-withdrawing group than a fluorine atom and thus could render a material with improved electron transporting performance as compared to the fluorine atom (¶ [0002], [0008], [0068]).
Therefore, in the modified compound 16, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the fluorine atom with a cyano group, based on the teaching of Lu. The motivation for doing so would have been to improve the electron transporting performance, as taught by Lu.
Ueno in view of Lu:
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The modified compound 9 fails to read on the claimed Formula 1 wherein each of R1 and R2 is a cyano group. However, Ueno does teach the compound of general formula [1] is a compound with excellent electron injection properties, and may be an electron transport material (¶ [0033]-[0034]).
Lu teaches the lowering of LUMO energy levels reduces an electron transport material’s sensitivity to moisture and oxygen and thus results in materials exhibiting air-stable electron transport (¶ [0006]). Lu teaches the cyano group is an example of a substituent that lowers the LUMO energy level of a material and improves electron transporting performance (¶ [0068] and [0076]).
In the analogous art of organic electroluminescent devices, Liu teaches an electron transport material containing at least two electron deficient groups (including cyano) significantly improves the electron injection capability compared with an electron transport material containing only one electron-deficient group (Technical Field on pg. 1; and bottom of pg. 15).
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to provide a second cyano substituent on the modified compound 9, based on the teachings of Lu and Liu. The motivation for doing so would have been to provide air-stable electron transport, lower the LUMO energy level of the compound, improve the electron transporting performance, as taught by Lu, and to significantly improve the electron injection capability, as taught by Liu.
In particular, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to provide the second cyano substituent in the position corresponding to the claimed R2, because it would have been choosing from a limited number of suitable positions in which to substitute the cyano group, which would have been a choice from a finite number of identified, predictable solutions of a compound useful in the device of Ueno in view of Lu and Liu and possessing the benefits taught by Lu and Liu. One of ordinary skill in the art would have been motivated to produce additional compounds comprising cyano groups having the benefits taught by Lu and Liu in order to pursue the known options within his or her technical grasp with a reasonable expectation of success. See MPEP 2143.I.(E).
The resulting modified compound 16 reads on the claimed compound 7 (claim 20).
The modified compound 16 is reproduced below in comparison to the claimed Formula 1.
modified 16:
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Formula 1:
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The modified compound 16 reads on the claimed Formula 1 wherein:
X3 to X10 are C(R3) to C(R10), respectively (claim 11);
Z is *-C(E1)=C(E2)-*’;
n1 is 1;
E1 is *”-(L1)a1-(R1)b1 and E2 is *”-(L2)a2-(R2)b2;
L1 and L2 are each a single bond (claims 12-13);
a1 and a2 are each 1;
R1 and R2 are each a cyano group, and R3 to R10 are each hydrogen (claims 14-16); and
b1 and b2 are each 1.
Additionally, the modified compound 16 reads on the claimed Formulas 2-1 and 2-11 wherein Z1 is *C(E11)=C(E12)-*’; E11 is *”(L11)a11-(R11)b11 and E12 is *”-(L12)a12-(R12)b12; L11 and L12 are each a single bond; a11 and a12 are each 1; R11 and R12 are each a cyano group and R12 is hydrogen (claims 17-19).
Regarding claim 7, although the instant claim is drawn to an apparatus, the only positive limitation of the claimed apparatus is organic light-emitting device of claim 1. Claim 7 does not add any further structural or functional limitations to the device and/or condensed cyclic compound. Ueno in view of Lu and Liu teach the organic light emitting device according to claim 1, as described above, and does not include any components that would make it unfit for use as an apparatus. Therefore, the OLED of Ueno in view of Lu and Liu according to claim 1 may be considered an electronic apparatus.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ueno (English translation of JP 2002324675 A obtained from Global Dossier) in view of Lu (US 2021/0013424 A1) and Liu (English translation of CN 112442035 A obtained from Global Dossier) as applied to claim 3 above, and further in view of Chen (US 20200411775 A1).
Regarding claims 4-6, Ueno in view of Lu and Liu teach the organic light-emitting element comprising the modified compound 16 in the light emitting layer, as described above with respect to claim 3.
Ueno in view of Lu and Liu fail to teach the light emitting layer further comprises a TADF compound or a phosphorescent dopant.
Chen teaches phosphorescent compounds having the structure of Formula I, which emit deep blue color, have very narrow FWHM, high PLQY, and provide a highly efficient device (abstract; ¶ [0144]).
Formula I:
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Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to use a compound of Chen’s Formula I in the light emitting layer of Ueno in view of Lu and Liu, based on the teaching of Chen. The motivation for doing so would have been to provide a compound which emits deep blue color, with very narrow FWHM and high PLQY, and provides a highly efficient device, as taught by Chen.
M in Chen’s Formula I is Pt or Pd (see Chen, ¶ [0006]), and thus is a transition metal-containing compound (claim 5). As a compound of Chen’s Formula I emits deep blue color and is provided in the light emitting layer, the light emitting layer emits blue light (claim 6).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable Ueno (English translation of JP 2002324675 A obtained from Global Dossier) in view of Lu (US 2021/0013424 A1) and Liu (English translation of CN 112442035 A obtained from Global Dossier) as applied to claim 7 above, and further in view of Jeong (US 7,652,287 B2).
Regarding claim 8, Ueno in view of Lu and Liu teach the electronic apparatus, as described above with respect to claim 7.
Ueno in view of Lu and Liu fail to teach the electronic apparatus comprising the organic light-emitting element further comprises a thin-film transistor.
Jeong teaches a light emitting display device including a thin film transistor (TNT) and a light emitting diode, wherein the TNT includes an N-type oxide semiconductor layer, a source electrode, and a drain electrode (abstract and col. 2 lines 64-67). Jeong teaches the cathode electrode of the OLED may electrically contact the drain electrode of the TFT (col. 6, lines 54-58). As the cathode is electrically connected to the anode, the anode would also be electrically connected to the drain electrode.
Jeong teaches the light emitting display including the TNT substantially overcomes one or more of the problems of the related art, which includes low mobility of the semiconductor layer, leakage current, and increased contact resistance (col. 1, 12-45).
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to include the organic light-emitting element of Ueno in view of Lu and Liu as the OLED of the light emitting display device of Jeong, based on the teaching of Jeong. The motivation for doing so would have been to substantially overcome the problems of the related art discussed above, as taught by Jeong.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable Ueno (English translation of JP 2002324675 A obtained from Global Dossier) in view of Lu (US 2021/0013424 A1) and Liu (English translation of CN 112442035 A obtained from Global Dossier) as applied to claim 7 above, and further in view of Cok (US 2004/0080267 A1).
Regarding claim 9, Ueno in view of Lu and Liu teach the electronic apparatus, as described above with respect to claim 7.
Ueno in view of Lu and Liu fail to teach the electron apparatus further comprises a touchscreen layer.
Cok teaches an integrated OLED display and touch screen made by providing an OLED on a substrate, providing a transparent encapsulating cover on the OLED, and forming a touch screen on a side of the transparent encapsulating cover (abstract). The display of Cok reduces the number of manufacturing steps, reduces the manufacturing costs, reduces the combined size of the display and touch screen device, and provides superior optical performance (¶ [0011]).
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to include the organic light-emitting element of Ueno in view of Lu and Liu as the OLED of the integrated OLED display and touch screen of Cok, based on the teaching of Cok. The motivation for doing so would have been to reduce the number of manufacturing steps, the manufacturing costs, the combined size of the display and touch screen device, and provide superior optical performance, as taught by Cok.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAELYN R WATSON whose telephone number is (571)272-1822. The examiner can normally be reached M-F 7:30am-5pm.
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/BRAELYN R WATSON/Examiner, Art Unit 1786
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