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 .
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.
Response to Amendment
The amendment of 5 December 2025 has been entered.
Disposition of claims:
Claim 1 has been amended.
Claims 1-10 are pending.
The replacement drawing has been entered. The replacement drawing has overcome the objection to the drawing set forth in the last Office action.
The amendment to the specification has been entered. The amendment to the specification has overcome the objection to the specification set forth in the last Office action.
The amendment to claim 1 has overcome the rejection of claims 1-6 under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (CN 114394929 A—machine translation relied upon) (hereafter “Liu”) set forth in the last Office action. The rejection has been withdrawn.
The amendment to claim 1 has overcome the rejection of claims 1-6 under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (CN 111499557 A—machine translation relied upon) (hereafter “Yang”) set forth in the last Office action; the rejection of claim 8 under 35 U.S.C. 103 as being unpatentable over Yang et al. (CN 111499557 A—machine translation relied upon) (hereafter “Yang”) set forth in the last Office action. The rejection has been withdrawn. However, as outlined below, new grounds of rejection based upon Yang have been made.
The amendment to claim 1 has required the revision of the rejection of claim 9 under 35 U.S.C. 103 as being unpatentable over Yang et al. (CN 111499557 A—machine translation relied upon) (hereafter “Yang”) as applied to claim 8 above, and further in view of Seo et al. (US 2002/0121860 A1) (hereafter “Seo”) set forth in the last Office action; and the rejection of claim 10 under 35 U.S.C. 103 as being unpatentable over Yang et al. (CN 111499557 A—machine translation relied upon) (hereafter “Yang”) as applied to claim 8 above, and further in view of Forrest et al. (US 2001/0000005 A1) (hereafter “Forrest”) set forth in the last Office action. The revised rejections are outlined below.
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.
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.
Claim(s) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (CN 111499557 A—machine translation relied upon) (hereafter “Yang”).
Regarding claims 1-6: Yang discloses the compound shown below {(p. 2, 2nd paragraph through p. 2, 4th paragraph as well as p. 2, final paragraph through p. 3, 2nd paragraph: The compounds of the disclosure of Yang are useful and organic host materials for an organic electroluminescent device.), (p. 3, final paragraph: The compounds of the disclosure of Yang are exemplified by the compounds on pp. 4-7.), (p. 6, Compound (97))}.
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Yang does not teach a specific compound in which the instant R1 is unsubstituted aryl.
However, Yang teaches that the compounds of Yang have the structure shown below {p. 3, lines 4-6}.
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Where R1 of Yang can be aryl; R2 of Yang can be hydrogen; and L can be an aromatic ring {p. 3, lines 7-12}.
Yang exemplifies that the L of Yang can be benzene; R1 of Yang can be unsubstituted phenyl; R2 of Yang can be hydrogen {p. 4, Compounds 2 and 3}.
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 of Yang shown above by substituting an unsubstituted biphenyl in place of the pyridine substituted biphenyl as the instant R1, based on the teaching of Yang. The substitution would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B). The selection of unsubstituted biphenyl would have been a choice from a finite number of identified, predictable solutions (the exemplified substituent groups of Yang), with a reasonable expectation of success. See MPEP 2143(I)(E). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of substituent and substituent positions to be used to make compounds for use in an organic light-emitting device in order to produce optimal organic light emitting devices.
Regarding claim 8: Yang discloses all of the features with respect to claim 1, as outlined above.
Yang does not disclose a specific device comprising the compound of Yang shown above.
However, Yang teaches that the compounds of Yang are useful as host materials for a light-emitting dopant in the light-emitting layer of an organic electroluminescent device {p. 2, 2nd paragraph through p. 2, 4th paragraph as well as p. 2, final paragraph through p. 3, 2nd paragraph: The compounds of the disclosure of Yang are useful and organic host materials for an organic electroluminescent device.}.
Yang teaches that the compounds of the disclosure of Yang inhibit stacking hand host good thermal stability {p. 3, 4th paragraph}.
Additionally, Yang teaches organic electroluminescent devices having the structure comprising an anode, a cathode and an organic layer disposed between the anode and the cathode {p. 7, 1st and 2nd paragraphs}.
The organic layer can comprise between the anode and the cathode, a hole injection layer, a hole transport layer, an electron blocking layer, a hole blocking layer, an electron transport layer, and an electron injection layer {p. 7, 1st and 2nd paragraphs}.
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 of Yang described above by using the compound as the host material of the light-emitting layer of the organic electroluminescent device of Yang described above, based on the teaching of Yang. The modification would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices, which in this case means selecting a material known to inhibit stacking and have good thermal stability, as taught by Yang.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (CN 111499557 A—machine translation relied upon) (hereafter “Yang”) as applied to claim 8 above, and further in view of Seo et al. (US 2002/0121860 A1) (hereafter “Seo”).
Regarding claim 9: Yang teaches all of the features with respect to claim 8, as outlined above.
Yang does not teach an organic electroluminescent device in which the compound of Yang shown above is comprised in a hole transport layer.
However, as outlined above, the taught device of Yang comprises an electron blocking layer between the anode and the light-emitting layer as well as a hole blocking layer between the cathode and the light-emitting layer.
Seo teaches an organic light-emitting device having the structure of a light-emitting layer comprising a host and a dopant, an electron transport layer between the light-emitting layer and the cathode, a mixed layer between the light-emitting layer and the electron transport layer comprising a mixture of the host material and the electron transport materials, a hole transport layer between the light-emitting layer and the anode, and a mixed layer between the light-emitting layer and the hole transport layer comprising a mixture of the host material and the hole transport material {Fig. 22 as described in paragraph [0069]}.
Seo teaches that introducing mixed layers between the light-emitting layer and the hole-transport layer as well as between the light-emitting layer and the electron-transport layer lowers energy barriers between organic layers, lowering driving voltage and increase device lifetime {paragraph [0028] and paragraphs [0049]-[0051], [0054] describing Figs. 1A to 1D}.
The electron blocking layer of Yang can be equated with a hole transport layer, because it must necessarily transport hole. The hole blocking layer of Yang can be equated with an electron transport layer, because it must necessarily transport electrons.
At the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the organic electroluminescence device taught by Yang by including a mixed layer comprising the host material of the light emitting layer (the compound of Yang shown above) and the hole blocking material between the light-emitting layer and the electron blocking layer as well as a mixed layer comprising the host material of the light emitting layer (the compound of Yang shown above) and the material of the electron blocking layer between the light-emitting layer and the electron blocking layer, based on the teachings of Seo. The motivation for doing so would have been to lower energy barriers between sub-layers of each organic layer, lowering driving voltage, and increasing device lifetime, as taught by Seo.
The mixed layer between the light-emitting layer and the electron blocking layer can be equated with a hole transport layer, because it must necessarily transport holes. The mixed layer between the light-emitting layer and the hole blocking layer can be equated with an electron transport layer, because it must necessarily transport holes.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (CN 111499557 A—machine translation relied upon) (hereafter “Yang”) as applied to claim 8 above, and further in view of Forrest et al. (US 2001/0000005 A1) (hereafter “Forrest”).
Regarding claim 10: Yang teaches all of the features with respect to claim 8, as outlined above.
Yang does not teach that the compound shown above is comprised in a capping layer provided on the outside of the anode or the cathode.
Forrest teaches a stacked device structure (shown below) in order to provide a multicolor organic light emitting device {abstract; Fig. 2A; and paragraphs [0013]-[0017], [0038]-[0042], and [0045]-[0048]}.
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Forrest teaches that the stacked device structure consists of three individual light emitting device structures emitting blue, green, and red light, respectively (elements 20, 21, and 22) {Fig. 2A; paragraphs [0038]-[0042] and [0045]-[0048]}. Each individual light emitting structure is sandwiched between an ITO layer and a metal layer (elements 26I and 26M, respectively—collectively element 26) {paragraph [0039] and Fig. 2A}. Each individual light emitting structure comprises a hole transport layer on the ITO layer, an emission layer on the hole transport layer, an electron transport layer on the emission layer, and a metal layer on the electron transport layer {paragraph [0039] and Fig. 2A}. The ITO layers and metal layers are described as electrodes, because each individual light emitting structure can be separately biased {paragraphs [0047]-[0048]: Additionally, described as electrodes in paragraph [0047]}. Thus, each individual light emitting structure comprises an anode and a cathode.
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 device taught by Yang by stacking three organic layer stacks of the disclosure of Yang to have the stacked device structure taught by Forrest, based on the teaching of Forrest. The motivation for doing so would have been to provide a multicolor light emitting device, based on the teaching of Forrest.
The resultant structure would comprise the organic layer structure of Yang as each of the organic layer stacks of the stacked device structure of Forrest. Each of the organic layer stacks (taken as a whole) of the stacked device structure of Forrest can be equated with a capping layer provided on outside of a first electrode or second electrode of an adjacent layer stack, which is opposite to a surface facing the organic material layers of the said adjacent layer stack. This is because each of the layer stacks of the stacked device structure of Forrest can be described as “capping” one of the anode or cathode of the adjacent layer stack. Thus, in two of the individual light emitting structures, the compound of Yang shown above is comprised in a “capping” layer on the cathode of the adjacent individual light emitting structure.
It is noted that requiring the capping layer to be the outermost layer of the organic electroluminescent device would overcome the rejection outlined above.
Allowable Subject Matter
Claim 7 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, Yang et al. (CN 111499557 A—machine translation relied upon) (hereafter “Yang”) is the closest prior art. However, Yang does not teach the substituent patterns of the compounds of the current claim 7. For example, the exemplified compounds of Yang comprise tertiary butyl substituents that are not present on the compounds of the current claim 7. While any individual difference between a compound of Yang and the current claim 7 may be obvious, the total number of differences would require a number of specific modifications that would not represent a finite number of identified, predictable solutions and are therefore non-obvious.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN CLAY KERSHNER whose telephone number is (303)297-4257. The examiner can normally be reached M-F, 9am-5pm (Mountain).
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/DYLAN C KERSHNER/Primary Examiner, Art Unit 1786