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 .
Election/Restrictions
The applicant's election of Species (i) / (iv) / (v) in the reply filed on 02/02/2026 is acknowledged.
The claimed species read on claims 1-13, 17-20, and 27-33.
Claims 14-16 and 21-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/03/2022, 06/28/2022, and 07/08/2025 are each considered by the examiner.
Response to Amendment
The preliminary amendment of 05/03/2022 has been entered.
Claims 1-33 are pending and claims 14-16 and 21-26 are withdrawn from consideration.
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.
Claims 1-13, 17-20, and 27-33 are 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.
Regarding claim 1, the definitions of variable R905 appears to be missing and there is a definition for a variable R907, but it does not appear that R907 is present in the claimed formula.
For purposes of examination, the definition of R905 will be interpreted consistent with how it is defined in the specification (see for example specification paragraph [0007]) and R907 will be interpreted as being absent from the claim. The examiner notes that it is possible R907 is a typographical error and was intended to read R905.
Claims 2-13, 17-20, and 27-33 are rejected as being dependent on indefinite claim 1.
Regarding claim 12, the claims recites "wherein any heterocyclic group in the first compound is a group that contains at least any one of an oxygen or sulfur atom." The claim is indefinite because it is unclear if "any" means "each" or "at least one"? Further, it is unclear whether or not a heterocyclic group is required to be in the first compound, or if that claim is further limiting a heterocyclic group only if it is present.
For purposes of examination, the claim will be interpreted such that if there is at least heterocyclic group in the first compound present, at least one heterocyclic group in the first compound must meet the requirement of "contains at least any one of an oxygen or sulfur atom."
Claim Rejections - 35 USC § 102
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 1, 12-13, 17-20, and 27-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feng et al. CN-106565705-A (hereinafter "Feng-CN" and see English language machine translation referred to herein as "Feng-MT").
Regarding claims 1, 12-13, 17-20, and 27-33, Feng discloses an organic compound of a formula I (page 1 of 22, lines 26) in an organic electroluminescent device (Abstract; Feng-MT, page 5 of 22, line 5) in a hole transport layer (Feng-MT, page 5 of 22, lines 9-11). Feng discloses examples of the organic compound including compound 199
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(Feng-CN, page 36) and examples of the device wherein the device comprises the layer structure: anode / hole injection layer / hole transport layer / light emitting layer / electron transport layer / cathode (Feng-MT, page 19 of 22, lines 6 to 21).
The device comprising the compounds 199 of Feng, which is a compound of the claimed Formula (11), meets claims 1, 12-13, 17-20, and 27-33.
The compound 199 is a compound of the claimed Formula (11) and (101) wherein:
R101 is a group represented by formula (11) and R102 to R110 are each hydrogen;
L101 is an unsubstituted aryl group have 6 ring carbon atoms (a phenylene group);
Ar101 is an unsubstituted aryl group have 16 ring carbon atoms (a pyrenyl group);
mx is 3;
R901, R902, R903, R904, R907, R801, and R802 are not required to be present.
Claims 1-7, 9, 12, 17-20, 27-29, and 31-33 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Fujita et al. US-20190280209-A1 (hereinafter "Fujita").
It is noted that US-20190280209-A1 is cited on the IDS of 07/08/2025.
Regarding claims 1-7, 9, 12, 17-20, 27-29, and 31-33, Fujita teaches an organic EL element including a positive electrode layer and a negative electrode layer and a light emitting layer disposed between the pair of electrode layers, in which the light emitting layer contains an anthracene-based compound represented by a general formula (1) and a pyrene-based compound represented by a general formula (2) as host materials, and further a dopant material (¶ [0080]), wherein the light emitting layer is formed by laminating at least a first light emitting layer and a second light emitting layer, the first light emitting layer contains an anthracene-based compound, and the second light emitting layer contains a pyrene-based compound (¶ [0086]). Fujita teaches which the dopant material comprises a boron-containing compound or a pyrene-based compound different from the pyrene-based compound represented by the above formula (2) (¶ [0070], ¶ [0182], ¶ [0234]).
Fujita discloses an exemplary device Example 1 (TABLE 1 and ¶ [0518]-[0520]) having the layer structure:
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(Table 1). The Light emitting layer 1 necessarily transport holes and therefore can be considered a first hole transporting layer, and has a thickness of 12.5 nm, which is less than 15 nm. The hole transport layer 2 can be considered a second hole transporting layer and comprises HT-2
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(page 174), which is a compound comprising an amino group or hole transport layer 1 can be considered a second hole transporting layer and comprises HT-1
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(page 174), which is a compound comprising a carbazole group, and each meet claimed formula (B1). Fujita discloses wherein the dopant emits blue light at 464 nm (¶ [0520]). The pyrene-based compound represented by the general formula (2) is a compound 2-1002 (¶ [0519])
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(page 71), which is a compound of the claimed Formula (11) and (101) wherein:
R101 is a group represented by formula (11) and R102 to R110 are each hydrogen;
L101 is an unsubstituted aryl group have 29 ring carbon atoms;
Ar101 is an unsubstituted aryl group have 16 ring carbon atoms (a pyrenyl group);
mx is 1;
R901, R902, R903, R904, R907, R801, and R802 are not required to be present.
Therefore, the Example 1 of Fujita meets claims 1-7, 9, 12, 17-20, 27-29, and 31-33.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-13, 17-20, and 27-33 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al. US-20190280209-A1 (hereinafter "Fujita") in view of Feng et al. CN-106565705-A (hereinafter "Feng-CN" and see English language machine translation referred to herein as "Feng-MT").
It is noted that US-20190280209-A1 is cited on the IDS of 07/08/2025.
Regarding claims 1-13, 17-20, and 27-33, Fujita teaches an organic EL element including a positive electrode layer and a negative electrode layer and a light emitting layer disposed between the pair of electrode layers, in which the light emitting layer contains an anthracene-based compound represented by a general formula (1) and a pyrene-based compound represented by a general formula (2) as host materials, and further a dopant material (¶ [0080]), wherein the light emitting layer is formed by laminating at least a first light emitting layer and a second light emitting layer, the first light emitting layer contains an anthracene-based compound, and the second light emitting layer contains a pyrene-based compound (¶ [0086]). Fujita teaches which the dopant material comprises a boron-containing compound or a pyrene-based compound different from the pyrene-based compound represented by the above formula (2) (¶ [0070], ¶ [0182], ¶ [0234]). Fujita teaches an exemplary device Example 1 (TABLE 1 and ¶ [0518]-[0520]) having the layer structure:
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(Table 1) wherein the dopant emits blue light at 464 nm (¶ [0520]), and the pyrene-based compound represented by the general formula (2) is a compound 2-1002 (¶ [0519])
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(page 71).
The compound 2-1001 of Fujita is a compound of the claimed Formula (11) and (101) wherein:
R101 is a group represented by formula (11) and R102 to R110 are each hydrogen;
L101 is an unsubstituted aryl group have 29 ring carbon atoms;
Ar101 is an unsubstituted aryl group have 16 ring carbon atoms (a pyrenyl group);
mx is 1;
R901, R902, R903, R904, R907, R801, and R802 are not required to be present.
Fujita does not specifically disclose wherein the hole transporting layer adjacent to the first light emitting layer (claimed first hole transporting layer) comprises a compound of the claimed formula (11). However, Fujita teaches as a material to form the hole transport layer, any compound can be selected for use among compounds that have been conventionally used as charge transporting materials for holes (¶ [0259]).
Feng discloses an organic compound of a formula I (page 1 of 22, lines 26) in an organic electroluminescent device (Abstract; Feng-MT, page 5 of 22, line 5) in a hole transport layer (Feng-MT, page 5 of 22, lines 9-11). Feng discloses examples of the organic compound including compound 199
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(Feng-CN, page 36). Feng teaches the compound can result in improved service life, efficiency, and brightness (Feng-MT, page 19 of 22, lines 3-4).
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 have modified the device of Fujita by forming the hole transport layer adjacent the emitting layer out of the compound 199, as taught by Feng. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the pertinent art. See MPEP § 2144.07.
Additionally, Feng teaches the compound resulting a device with improved service life, efficiency, and brightness and therefore forming the hole transporting layer in the device of Fujita out of the compound of Feng would be expected to yield the benefits of improved service life, efficiency, and brightness, as described above.
The compound 199 is a compound of the claimed Formula (11) and (101) wherein:
R101 is a group represented by formula (11) and R102 to R110 are each hydrogen;
L101 is an unsubstituted aryl group have 6 ring carbon atoms (a phenylene group);
Ar101 is an unsubstituted aryl group have 16 ring carbon atoms (a pyrenyl group);
mx is 3;
R901, R902, R903, R904, R907, R801, and R802 are not required to be present.
Thus, the modified device of Fujita in view of of Feng, meets claims 1-13, 17-20, and 27-33.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Nishimura et al. US-20100207110-A1 teaches pyrenyl compounds such as compound 2b-6 and 2b-8 on page 14 for use as a host (¶ [0012]); and Kishino et al. US-20110108810-A1 teaches pyrenyl compounds such as Compound 4 and 8 on page 4 for use as a host compound (¶ [0038]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elizabeth M. Dahlburg whose telephone number is 571-272-6424. The examiner can normally be reached Monday through Thursday, 9 a.m. to 4 p.m. ET, and alternate Fridays.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
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/ELIZABETH M. DAHLBURG/Primary Examiner, Art Unit 1786
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