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
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election without traverse of the materials shown below in the reply filed on 08/19/2025 is acknowledged with claim 16 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 09/05/2025, an examinable species was identified. In the amendment of 01/14/2026, 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claims 1-4, 7, 11-13, 17-18, and 20-22 are drawn to the examinable species and claims 8-10, 14-16, 23, and 25 are withdrawn from further consideration.
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, and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xia et al (US 2013/0341599) (Xia).
In reference to claims 1-4, 7, 11, 13, 17-18, and 20-22, Xia teaches device example 15 comprising compound 9 as shown below that reads on the instant claims for use in consumer product (Xia table 4 [0021]).
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For Claim 1: Compound 9 reads on a compound having a ligand of formula 1 wherein two RD are fused to form a ring, moiety A is a 6-membered carbocyclic ring system, moiety B is a 6 membered carbocyclic ring, RB is a 6-membered carbocyclic ring system, RA is hydrogen, and K3 is a direct bond and metal M is Ir and conditions i and ii true.
For Claim 2: Reads on hydrogen, 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 A33.
For Claim 11: Reads on wherein p is 1, q is 2, and r is 0.
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 18: Reads on dibenzothiophene.
For Claim 20: Reads on a consumer product.
For Claim 21: Reads on wherein RD form a ring.
For Claim 22: Reads on wherein RD form a 6 membered aromatic ring.
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
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.
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.
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.
/Sean M DeGuire/Primary Examiner, Art Unit 1786
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