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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/03/2026 has been entered.
Election/Restrictions
Applicant’s election without traverse of the materials shown below in the reply filed on 08/19/2025 is acknowledged with claim 16 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
A search of the prior art did not show the elected species. As no claims where specifically drawn to Applicants’ elected species in independent form, no claims have been indicated as allowable. Claims written in independent form which require all the limitations of the elected species along with any dependent claims which require all the limitations of the elected species would be allowable. Under MPEP 803.02, the search was expanded to find an examinable species. In the office action mailed 03/03/2026, an examinable species was identified. In the amendment of 06/03/2026, Applicant has canceled the examinable species. The compound below was identified as a new examinable species.
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Consequently, claims 1-4, 7, 13, 17, and 20, 22-23 and 26 are drawn to the examinable species and claims 8-9, 14, 16, 25, and 27-30 are withdrawn from further consideration.
Claim Rejections - 35 USC § 112
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 13 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. Claim 13 depends from claim 11 which is canceled. 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
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 1-4, 7, 11, 13, 17-18, 20, 22-23 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang et al (US 2021/0083205) (Hwang).
In reference to claims 1-4, 7, 11, 13, 17-18, 20, 22-23 and 26, Hwang teaches device example 2 comprising compound 91 as shown below that reads on the instant claims for use in consumer product (Hwang Table 2 [0454]-[0458]).
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For Claim 1: Compound 91 reads on a compound having a ligand of formula 1 wherein two RD are fused to form a ring, moiety A is a dibenzofuran, moiety B is a 6 membered carbocyclic ring, RB represents three substituents, two of which are iso propyl and one of which is a 6-membered carbocyclic ring system para top the nitrogen atom of the imidazole, RA is hydrogen, and K3 is a direct bond and metal M is Ir and the compound is heteroleptic.
For Claim 2: Reads on alkyl and 6-membered carbocyclic ring system.
For Claim 3: Reads on Formula IB X1 to X4 and W are each C.
For Claim 4: Reads on formula IB’.
For Claim 7: Reads on A1.
For Claim 13: Reads on where LB is
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For Claim 17: Reads on a device with an anode and cathode.
For Claim 20: Reads on a consumer product.
For Claim 22: Reads on wherein RD form a 6 membered aromatic ring.
For Claim 23: reads on a fused ring system with at least 3 rings.
For Claim 26: Reads on phenyl.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean M DeGuire whose telephone number is (571)270-1027. The examiner can normally be reached Monday to Friday, 7:00 AM - 5:00 PM.
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 A. 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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/Sean M DeGuire/Primary Examiner, Art Unit 1786
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