DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-9 and 11-20 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:
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The above is not a definitive recitation of what R201-R204 is but merely a recitation of how R201-R204 may optionally bound to each other. Therefore, the office is not able to determine the metes and bound of R201-R204 as the recitation of R201-R204 actually may be is not present. Therefore, claim 1 and all claims the require the limitations of claim as indefinite.
For purposes of examination R201-R204 will be treated as carbocyclic or heterocyclic.
Claims 11-20 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.
Claims 11-20 are drawn to an amine-based compound of claim 1;however, claim 1 is drawn to a light-emitting device. Therefore, the preamble of claims 11-20 has no antecedent basis and thus is indefinite. The office cannot determine the metes and bounds of dependency claims 11-20 to the amine-based compound of claim 1 since claim 1 is drawn to a light emitting device.
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.
Claim(s) 1-4, 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 2021/0126200A1).
Regarding Claims 1-4, 10-15, 17, Song (US 2021/0126200A1) teaches a blue organic light emitting element 140B includes the anode 141, a plurality of organic layers and the cathode 148. For example, the plurality of organic layers includes the hole injection layer 142, the hole transport layer 143, the electron blocking layer 144, the light emitting layer 145, the electron transport layer 146 and the electron injection layer 147 (paragraph 101). Chemical Formula 1 may be included in a hole transport layer or an electron blocking layer among a plurality of organic layers disposed between an anode and a cathode of an organic light emitting display device, thereby providing high luminous efficiency and long lifetime (paragraph 87). Chemical Formula 1 can be represented by Song Prod 46 (page 46):
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Song Prod 46 reads on applicants’ Formula 1 wherein R1 is bonded to CY2; L1 = phenylene; L2, and L3 = direct bond; R2 = phenyl; R3 = biphenyl; CY1 – CY3 = phenyl; Z1-Z4 = H; X1 = O (per claims 1-4, 10-13, 17).
R2 = 3-1 or 4-1 and R3 = 3-4 or 4-4 (per claims 14-15)
Song teaches a hole injection layer may be formed of one or more compounds selected from the group consisting of HAT-CN(dipyrazino[2,3-f:2′,3′-h]quinoxaline-2,3,6,7,10.11-hexacarbonitrile), CuPc(phthalocyanine), PEDOT:PSS, NPD(N,N′-bis(naphthalene-1-yl)-N,N′-bis(phenyl)-2,2′-dimethylbenzidine), and the like, but may not be limited thereto (paragraph 106).
The office notes that Song teaches N,N′-bis(naphthalene-1-yl)-N,N′-bis(phenyl)-2,2′-dimethylbenzidine:
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as a hole injection layer material which is identical to a hole transport region material included in the specification
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.
N′-bis(naphthalene-1-yl)-N,N′-bis(phenyl)-2,2′-dimethylbenzidine reads on applicants’ Formula 202 wherein R201 and RR204 = phenyl; R202 and R203 = naphthyl; xa1-xa4 = 0; xa5 = 1; na1 =1; L205 = biphenyl (per claim 1).
Regarding Claims 10, 16-19, Song also teaches a version of Chemical Formula 1 represented by Song Prod 46A:
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Song Prod 46A reads on applicants’ Formula 1 wherein R1 is bonded to CY2; L1 = phenylene; L2, and L3 = direct bond; R2 = phenyl; R3 = dibenzofuran; CY1 – CY3 = phenyl; Z1-Z4 = H; X1 = O (per claims 10, 16-18).
Song Prod 46A contains ring system 2-4 (per claim 19).
Regarding Claim 20, Song also teaches a version of Chemical Formula 1 represented by Song Prod 50:
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Song Prod 50 is identical to applicants’
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(per claim 20).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable Song (US 2021/0126200A1) in view of Seki (US 2013/0105785).
Regarding Claims 7-9, Song teaches the device of claim 1 but fails to mention an electronic apparatus.
Seki teaches an image display apparatus including an organic light-emitting device and a thin-film transistor (TFT) device wherein the anode or a cathode of the organic light-emitting device is connected to a drain electrode or a source electrode of the TFT device. The thin-film transistor device serves as a device configured to apply an electrical current to the organic light-emitting device (paragraph 52). The organic light-emitting device also contains a color filter (paragraph 50).
As both Song and Seki teaches organic light-emitting devices and Seki teaches an organic light-emitting device configured in an electronic apparatus, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to have used the organic light-emitting device of Song in known application areas which would have included in an electronic apparatus as taught by Seki which reads on the instant limitations, absent unexpected results.
Response to Amendment
The office has modified the previous rejections and added 112 rejections based on applicants’ amendments.
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 comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY D CLARK whose telephone number is (571)270-7087. The examiner can normally be reached on 8AM-4PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Chriss can be reached on 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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/GREGORY D CLARK/Primary Examiner, Art Unit 1786