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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/20/2026 has been entered.
Election/Restrictions
Applicant's election without traverse of Invention 1 (Claim 1, a molecule comprising a cerium metal ion and organoboron ligands), and Species A (a molecule represented by formula I or II of claim 1 provided that the molecule is not represented by formula III or IV of claim 4, claims 1-3, 8-19 and 21) in the reply filed on 12/02/2025 is acknowledged.
In the Office Action of 01/13/2026, the requirement of species election only was withdrawn because there was no burden. The requirement of restriction is maintained. No claim is withdrawn.
Response to Amendment
The amendment of 07/20/2026 has been entered.
Disposition of claims:
Claims 1-9, 11-13, 16, and 20-22 have been canceled.
Claims 23-28 have been added.
Claims 10, 14-15, 17-19, and 23-28 are pending.
Claims 10, 17, and 28 have been amended.
The amendment of claim 10 has overcome the objection of claim 10 set forth in the last office Action. The objection has been withdrawn.
The amendment of claims 10, 17, and 28 have overcome the rejections of claims 10, 14-15, 17-19, and 25-27 under 35 U.S.C. 103 as being unpatentable over Yersin et al. (US 2010/0117521 A1) in view of Lee et al. (US 2007/0015006 A1, hereafter Lee ‘006) and Sakaguchi et al. (US 2013/0270994 A1, hereafter Sakaguchi) set forth in the last Office Action. The rejection has been withdrawn.
Response to Arguments
Applicant’s arguments see page 14-15 of the reply filed 07/20/2026 regarding the rejections of claims 10, 14-15, 17-19, and 25-27 under 35 U.S.C. 103 as being unpatentable over Yersin et al. (US 2010/0117521 A1) in view of Lee et al. (US 2007/0015006 A1, hereafter Lee ‘006) and Sakaguchi et al. (US 2013/0270994 A1, hereafter Sakaguchi) set forth in the Office Action of 05/22/2026 have been considered.
Applicant argues that claim 10 has been amended to remove rubrene disclosed in Sakaguchi, as well as fluorescent molecules sharing the same backbone framework therewith such that the amended claims are allowable.
The cited rejections referred to the OLED of Yersin as modified by Lee ‘006 and Sakaguchi comprising rubrene as the fluorescent receptor molecule (see sections 32 and 36 of the last Office Action). The rubrene molecule has been deleted in the amended claims. Thus, the rejections have been withdrawn.
However, Yersin is still applicable to make new grounds of rejection.
Yersin discloses compound Ce[B(pz)4]3 ([0104], hereafter Compound 1). The Compound 1 of Yersin has identical structure as Applicant’s Formulas I and III. Yersin teaches that the compound of Yersin can be used as the emitter of the emitter layer of an OLED device ([0001], [0010]).
The only deficiency of the OLED taught by Yersin is lack of the receptor fluorescent molecule in the light emitting layer. However, Yersin teaches the Compound 1 of Yersin is a blue emitting material ([0104]). Additionally, the claimed fluorescent receptor molecules are known conventional fluorescent materials. Thus, it would have been obvious to mix the blue emitting material of Compound 1 of Yersin with other colored emitting material. For instance, Yamazaki teaches advantages of using a mixture of blue and green emitters in a light emitting device.
Yamazaki discloses a light emitting device (Figs 1A and 2; [0046], [0052], [0014]) comprising a substrate (200) and red, green, and blue pixels, each pixel comprises an anode (215), a light emitting layer (219), and a cathode (218). The light emitting layer of the blue pixel (103 in Fig. 1A and 606 in Fig. 6A) include a color (γ) other than blue (B) in addition to light of the blue ([0037]). Yamazaki teaches the blue light emitting layer comprises blue and green emitting materials to obtain an emission color of light blue ([0081][0093]).
Yamazaki teaches that the light emitting device of Yamazaki provides high color purity and high efficiency in light extraction ([0009], [0017]) because each pixel has an additional emitter to the main emitter and a filter to extract high purity light with high efficiency ([0065]-[0066] and Fig. 5; and [0081]).
A compound TTAP is a widely-used commercial green fluorescent material for an organic light emitting diode as taught by Yao (Fig. 1 and page 11294, col. 2, last paragraph).
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The compound TTPA of Yao has identical structure as one of Applicant’s specific embodiment of the fluorescent receptor molecules in the instant claims.
Thus, at the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the OLED of Yersin by incorporating a green light emitting material TTPA into the light emitting layer comprising the Compound 1 of Yersin and using the resultant diode as a part of the blue pixel of the light emitting device of Yamazaki, as taught by Yamazaki and Yao.
The modification provides a light emitting diode of Yersin as modified by Yamazaki and Yao comprising a substrate, an anode, a light emitting layer (Compound 1 of Yersin and TTPA), a cathode, wherein the OLED device is a photoelectric device; the light emitting materials are equated with a composition; Compound 1 of Yersin is a neutral donor; and the compound TTPA is a fluorescent receptor.
Claim Rejections - 35 USC § 103
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 10, 14-15, 17-19, and 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Yersin et al. (US 2010/0117521 A1) in view of Yamazaki et al. (US 2005/0073247 A1, hereafter Yamazaki) and Yao et al. (“High efficiency blue/green/yellow/red fluorescent organic light-emitting diodes sensitized by phosphors: general design rules and electroluminescence performance analysis” J. Mater. Chem. C, 2019, vol. 7, page 11293-11302, hereafter Yao).
Regarding claims 10, 14-15, 17-19, and 25-27, Yersin discloses a complex (Formula (I)) used for a light emitting device ([0001], [0010]). Yersin teaches that Ln is Ce3+; R1 can be an unsubstituted pyrazole group; R2, R3, and R4 can be each hydrogen ([0095]-[0098]). Yersin exemplifies compound Ce[B(pz)4]3 ([0104], hereafter Compound 1). The Compound 1 of Yersin has identical structure as Applicant’s Formulas I and III.
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Yersin does not disclose a specific organic light emitting diode (OLED) device comprising the Compound 1 of Yersin; however, Yersin does teach that the compound of Yersin can be used as the emitter of the light emitting layer of an OLED ([0001], [0010]). Yersin teaches that the Compound 1 of Yersin is a blue emitting material ([0104]). Yersin taches that the compound of Yersin can comprise 100% of the light emitting layer ([0034]).
Yersin teaches the structure of an OLED device comprising a substrate, an anode, a light emitting layer, a cathode (Fig. 1, [0053]-[0054], [0060]).
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the Compound 1 of Yersin by incorporating it as the emitter (100%) of an OLED device having structure of a substrate, an anode, a light emitting layer, and a cathode, as taught by Yersin.
The modification would have been a combination of prior art elements according to known material to achieve predictable results. See MPEP 2143(I)(A). Substitution of the emitters of Yersin in the OLED device of Yersin would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B).
The modification provides Modified OLED of Yersin comprising a substrate, an anode, a light emitting layer (Compound 1 of Yersin as an emitter), a cathode, wherein the OLED device is a photoelectric device; and the device emits blue light.
Yersin does not disclose a light emitting device comprising the Modified OLED of Yersin as a part of blue pixel of the device; however, it is known in the art that the blue emitting material Compound 1 of Yersin in combination of other colored emitter can be used to make a full-color (RGB) light emitting device.
Yamazaki discloses a light emitting device (Figs 1A and 2; [0046], [0052], [0014]) comprising a substrate (200) and red, green, and blue pixels, each pixel comprises an anode (215), a light emitting layer (219), and a cathode (218). The light emitting layer of the blue pixel (103 in Fig. 1A and 606 in Fig. 6A) includes a color (γ) other than blue (B) in addition to light of the blue ([0037]). Yamazaki teaches the blue light emitting layer comprises blue and green emitting materials to obtain an emission color of light blue ([0081][0093]).
Yamazaki teaches that the light emitting device of Yamazaki provides high color purity and high efficiency in light extraction ([0009], [0017]) because each pixel has an additional emitter to the main emitter and a filter to extract high purity light with high efficiency ([0065]-[0066] and Fig. 5; and [0081]).
A compound TTAP is a widely-used commercial green fluorescent material for an organic light emitting diode as taught by Yao (Fig. 1 and page 11294, col. 2, last paragraph).
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The compound TTPA of Yao has identical structure as one of Applicant’s specific embodiment of the fluorescent receptor molecules in the instant claims.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the Modified OLED of Yersin by incorporating a green light emitting material TTPA into the light emitting layer of the diode and using the resultant diode as a part of the blue pixel of the light emitting device of Yamazaki, as taught by Yamazaki and Yao.
The motivation of doing so would have been to provide a light emitting device having high color purity and high efficiency in light extraction, as taught by Yamazaki and Yao.
Furthermore, the modification would have been a combination of prior art elements according to known material to achieve predictable results. See MPEP 2143(I)(A).
The modification provides a light emitting diode of Yersin as modified by Yamazaki and Yao comprising a substrate, an anode, a light emitting layer (Compound 1 of Yersin and TTPA), a cathode, wherein Compound 1 of Yersin is neutral material; and the compound TTPA is a fluorescent material.
The OLED of Yersin as modified by Yamazaki and Yao reads on the claimed limitations above but fails to teach the properties: 1) Compound 1 of Yersin is a donor and TTPA is a receptor; and 2) the fluorescent receptor (TTPA) including a decimal molar extinction coefficient being greater than 20,000 Lmol-1cm-1, a FWHM being less than 0.25 eV, an emission quantum efficiency being greater than 70%, emission decay time being less than 10 ns, and maximum emission peak being within a range of 420-480 nm.
It is reasonable to presume that the OLED device of Yersin as modified by Yamazaki and Yao inherently possesses the properties 1) and 2).
Support for said presumption is found in the use of like materials which result in the claimed property.
Applicant discloses the Ce compound represented by Formula I or Formula II is a donor chelate (instant specification, pages 5-6) and the Compound 1 of Yersin has identical structure as the Formulas I and III. Applicant discloses the absorption spectrum of the fluorescent receptor material used together with the Ce donor in the composition of the instant invention overlaps the emission spectrum of the Ce donor (page 10). The compound TTPA has identical structure as Applicant’s specific embodiment of fluorescent receptor of the instant application (page 14). Therefore, Compound 1 of Yersin is a donor, and the compound TTPA is a receptor.
Applicant discloses that the fluorescent receptor of the invention has the properties including a decimal molar extinction coefficient being greater than 20,000 Lmol-1cm-1, a FWHM being less than 0.25 eV, an emission quantum efficiency being greater than 70%, emission decay time being less than 10 ns, and maximum emission peak being within a range of 420-480 nm (instant specification, page 10-12). TTPA has identical structure as Applicant’s specific embodiment of the fluorescent receptor of the instant invention (page 16). Therefore, the fluorescent receptor TTPA has the property 2) described above.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the OLED of Yersin as modified by Yamazaki and Yao is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
The Light emitting diode of Yersin as modified by Yamazaki and Yao comprises a substrate, an anode, a light emitting layer (Compound 1 of Yersin and TTPA), a cathode, wherein the OLED device is a photoelectric device; the light emitting materials are equated with a composition; Compound 1 of Yersin is a neutral donor; and the compound TTPA is a fluorescent receptor, meeting all the limitations of claims 10, 14-15, 17, and 25-27.
With respect to claims 18-19, the Light emitting diode of Yersin as modified by Yamazaki and Yao discloses the claimed invention except for that the doping mass ratio of the Compound 1 of Yersin being 99%-10% and the doping mass ratio of the compound TTPA being 0.5%-5% in the light emitting layer. It should be noted that the doping mass ratio of each emitter material is a result effective variable. The composition is the light emitting layer materials of the blue pixel of the light emitting device (206 in Fig. 2). The blue emitting material is used to emit the major portion of the emission color, and the green emitting material is used to improve the color purity and extraction efficiency. Yamazaki teaches the additional color (γ in Fig 1A, [0037]) has much smaller portion in the emission spectrum as compared to the major color blue (B in Fig. 1A, [0037]) (Note: Compare the spectra of the main peak and the shoulder peak in Fig. 5B). It would have been obvious to one having ordinary skill in the art at the time the invention was made to create the mass ratio of the Compound 1 of Yersin to be 99%-10% and the mass ratio of the compound TTPA to be 0.5%-5% since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In the present invention, one would have been motivated to optimize the purity and extraction efficiency of the blue emitting color.
Claim Objections / Allowable Subject Matter
Claims 23-24 and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As outlined above, Yersin is representation of the closest prior art. As described in more detail above, Yersin teaches a Ce complex represented by Applicant’s Formula III of the instant claims; however, Yersin does not teach specific Ce complexes, as required in the instant claims 23-24. Yersin does not teach a specific composition consisting of the compound of Yersin and the specific Formula VII or VIII as required in the claim 28.
Conclusion
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/SEOKMIN JEON/Primary Examiner, Art Unit 1786
