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 .
Summary of Claims
Claim 1 is amended due to Applicant's amendment dated 08/27/2026. Claims 1-19 are pending.
Response to Amendment
The rejection of claims 1-12 under 35 U.S.C. 102(a)(2) as being anticipated by Kim (US 2021/0313519 A1) is overcome due to the Applicant’s amendment dated 08/27/2026. The rejection is withdrawn.
The rejection of claims 13-14 and 19 under 35 U.S.C. 103 as being unpatentable over Kim is overcome due to the Applicant’s amendment dated 08/27/2026. The rejection is withdrawn.
The rejection of claims 15 and 17 under 35 U.S.C. 103 as being unpatentable over Kim in view of Ito (US 2016/0072077 A1) is overcome due to the Applicant’s amendment dated 08/27/2026. The rejection is withdrawn.
The rejection of claims 15-16 and 18 under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim ‘927 (US 2014/0014927 A1) is overcome due to the Applicant’s amendment dated 08/27/2026. The rejection is withdrawn.
Response to Arguments
Applicant’s arguments on pages 10-11 of the reply dated 08/27/2026 with respect to the rejection of claims 1-19 as set forth in the previous Office Action have been fully considered but they are not persuasive.
Applicant's argument –Applicant argues the prior art fails to read on the amended claims which require the polycyclic compound to comprise at least one moiety selected from the group consisting of (Aa), (Ac), (Ba), and (Bc).
Examiner's response –As discussed in greater detail in the rejection below, Kim teaches in the Chemical Formula 1 that Ar3 may be represented by Chemical Formula 4A, which reads on the claimed group (Aa). Accordingly, the cited reference teaches the claims as amended.
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 1-19 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.
Claim 1 recites the newly added amendment which includes the formulas (Aa), (Ac), (Ba), and (Bc). However, it is unclear what the structures of formulas (Aa), (Ac), (Ba), and (Bc) are as the resolution of these structures are poor. The instant specification recites formulas (Aa), (Ac), (Ba), and (Bc) in ¶ [0079] and thus for purposes of examination, the formulas (Aa), (Ac), (Ba), and (Bc) will be interpreted as shown in instant ¶ [0079].
Claims 2-19 are rejected for being dependent upon indefinite claim 1.
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 1-14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2021/0313519 A1).
Regarding claims 1-12, Kim teaches an organic light emitting diode having improved luminous efficiency and life by comprising an organic compound represented by Chemical Formula 1 (abstract; ¶ [0017] and [0073]). Examples of compounds represented by Chemical Formula 1 include EH-60 (pg. 20).
1:
PNG
media_image1.png
114
113
media_image1.png
Greyscale
EH-60:
PNG
media_image2.png
20
209
media_image2.png
Greyscale
Compound EH-60 fails to read on one of the claimed formulas (Aa), (Ac), (Ba), and (Bc). However, Kim teaches Ar3 may be represented by one of Chemical Formulae 4A to 4F (¶ [0094]).
4D:
PNG
media_image3.png
118
260
media_image3.png
Greyscale
4A:
PNG
media_image4.png
138
254
media_image4.png
Greyscale
Therefore, given the general formula and teachings of Kim, 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 group
PNG
media_image2.png
20
209
media_image2.png
Greyscale
with
PNG
media_image5.png
137
312
media_image5.png
Greyscale
, because Kim teaches Ar3 teaches may suitably be selected as Chemical Formula 4A. 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 compound represented by Chemical Formula 1 and possess the benefits taught by Kim. See MPEP 2143.I.(B).
Particularly, 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 group
PNG
media_image2.png
20
209
media_image2.png
Greyscale
with
PNG
media_image5.png
137
312
media_image5.png
Greyscale
, because it would have been choosing for Ar3 to be represented by one of Chemical Formulae 4A to 4F, which would have been a choice from a finite number of identified, predictable solutions of a compound represented by Kim’s Chemical Formula 1 and possessing the benefits taught by Kim. One of ordinary skill in the art would have been motivated to produce additional compounds represented by Chemical Formula 1 having the benefits taught by Kim 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 modified compound EH-60 is reproduced below in comparison to the claimed formula (Ia).
modified EH-60:
PNG
media_image6.png
568
390
media_image6.png
Greyscale
(Ia):
PNG
media_image7.png
285
284
media_image7.png
Greyscale
The modified compound EH-60 reads on the claimed formula (Ia) wherein:
R1a to R8a and R13a are each hydrogen (claims 2-4);
R9a and R10a are each hydrogen, as the instant specification recites hydrogen includes deuterium (see instant ¶ [0045]) (claims 5-7);
R11a is hydrogen (claims 8-11);
Xa1 to Xa3 each represent N;
Ya represents S;
n is 2;
q and r are each 5;
p is 4; and
s is 2.
Additionally, the modified compound EH-60 includes a group of (Aa).
Regarding claims 13-14 and 19, Kim teaches the modified compound EH-60 as described above with respect to claim 1.
Kim fails to specifically teach an example of a device comprising the modified EH-60. However, Kim does teach examples of devices including Example 1 which includes an anode, a hole injection layer, an emitting layer including a compound represented by Chemical Formula 1, an electron transport layer, an electron injection layer, and a cathode (¶ [0228]).
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 the modified compound EH-60 in a device having the structure of Example 1 wherein the modified EH-60 is provided in the emitting layer, because this would have been combining the prior art elements of Kim according to known methods to yield predictable results of an organic light emitting diode having improved luminous efficiency and life, as taught by Kim. See MPEP 2143.I.(A).
Regarding claim 19, although the instant claim is drawn to an electronic equipment, the only positive limitation of the claimed electronic equipment is the organic electroluminescence device of claim 13. Claim 19 does not add any further structural or functional limitations to the device and/or compound. Kim teaches the OLED according to claim 13, as described above, and does not include any components that would make it unfit for use as electronic equipment. Therefore, the OLED of Kim according to claim 13 may be considered electronic equipment.
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2021/0313519 A1) as applied to claim 14 above, and further in view of Ito (US 2016/0072077 A1).
Regarding claims 15 and 17, Kim teaches the device including the modified compound EH-60, as described above with respect to claim 14.
modified EH-60:
PNG
media_image6.png
568
390
media_image6.png
Greyscale
While Kim teaches the device may include a hole blocking layer (¶ [0054]), Kim fails to teach the device further includes a hole blocking layer and fails to teach compound the modified EH-60 is provided in the hole blocking layer.
Ito teaches an organic light emitting element having improved carrier balance, efficiency and life span by including sequentially an emission layer, a hole blocking layer, and an electron transfer (transport) layer, wherein a first compound represented by one of Chemical Formula 1-A to Chemical Formula 1-G is included in the hole blocking layer and a second compound represented by Chemical Formula 2 is included in the emission layer (abstract; ¶ [0013] and [0097]).
Chemical Formula 1-D:
PNG
media_image8.png
157
198
media_image8.png
Greyscale
Kim’s modified compound EH-60 reads on Ito’s Chemical Formula 1-D wherein: A1 includes a deuterium-substituted C6 aromatic hydrocarbon group; L1 includes an unsubstituted C12 aromatic hydrocarbon group and a substituted C3 aromatic heterocyclic group; X is S; each R1 is hydrogen; and p is 4 and q is 2 (see Ito, ¶ [0036] and [0086]-[0094]).
Therefore, in Kim’s device it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to: further include a hole blocking layer between the emitting layer and the electron transport layer; provide the modified compound EH-60 in the hole blocking layer; and further provide a compound represented by Ito’s Chemical Formula 2 in the emitting layer, based on the teaching of Ito. The motivation for doing so would have been to provide a device with having improved carrier balance, efficiency and life span, as taught by Ito.
Claims 15-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2021/0313519 A1) as applied to claim 14 above, and further in view of Kim ‘927 (US 2014/0014927 A1).
Regarding claims 15-16 and 18, Kim teaches the device including the modified compound EH-60, as described above with respect to claim 14.
modified EH-60:
PNG
media_image6.png
568
390
media_image6.png
Greyscale
Kim fails to teach compound EH-60 is provided in the electron transport layer, and fails to teach the electron transport layer further includes an alkali metal.
Kim ‘927 teaches an organic light emitting device comprising an electron transport layer including a compound represented by Chemical Formula 1 and an alkali metal complex (abstract). Such devices have high efficiency and long life-span characteristics (¶ [0007]-[0008]).
Chemical Formula 1:
PNG
media_image9.png
127
150
media_image9.png
Greyscale
The modified compound EH-60 reads on Chemical Formula 1 of Kim ‘927 wherein: X is nitrogen; L1 and L2 are each a single bond and L3 is an unsubstituted C12 arylene group; R1 and R2 are each a substituted C6 aryl group, and R3 is an unsubstituted C18 heteroaryl group (see Kim ‘927, ¶ [0008]-[0012]).
Therefore, in Kim’s device 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 modified compound EH-60 in the electron transport layer and to further provide an alkali metal complex in the electron transport layer, based on the teaching of Kim ‘927. The motivation for doing so would have been to provide a device having high efficiency and long life-span characteristics, as taught by Kim ‘927.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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.
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.
/BRAELYN R WATSON/Primary Examiner, Art Unit 1786
Prosecution Insights