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 .
All outstanding objections and rejections, except for those maintained below, are withdrawn in light of applicant's amendment filed on 1/14/2026.
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 new grounds of rejection set forth below are necessitated by applicant's amendment filed on 1/14/2026. In particular, original Claims 1, 15, and 19 have been amended to recite a combination of limitations not previously presented. Thus, the following action is properly made final.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites the phrase “at least one of the first and the second bridge structures comprises N”. Applicants are advised to amend this phrase to recite ““at least one of the first or the second bridge structures comprises N” Appropriate correction is required.
Claim 15 is objected to because of the following informalities: Claim 15 recites the phrase “at least one of the first and the second bridge structures comprises N”. Applicants are advised to amend this phrase to recite ““at least one of the first or the second bridge structures comprises N” Appropriate correction is required.
Claim 19 is objected to because of the following informalities: Claim 19 recites the phrase “at least one of the first and the second bridge structures comprises N”. Applicants are advised to amend this phrase to recite ““at least one of the first or the second bridge structures comprises N” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “A) if both the first and the second bridge structures are 6-membered rings, and at least one of the first and second bridge structures comprises N”. However, while there is support in the Specification as originally filed to recite specific 6-membered bridge structures such as:
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification as originally filed to recite the above condition which encompasses all 6-membered bridge structures. That is, while there is support in the originally filed Specification to recite the above provision for specific 6-membered bridge structures, there is no support in the Specification for this provision to be applied to relatively broader 6-membered bridge structures.
Claim 1 recites the limitation “II) another ligand that is different from LA coordinates to the metal M vi a C or N atom”. However, while there is support to recite specific other ligands (disclosed as LB) such as:
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as disclosed in Paragraph [0082] of the Specification, there is no support for the relatively broader limitation that the second ligand bonds to the metal M via C or N atoms as recited in the present claim. That is, the instant Specification supports specific second ligands that bond via N and/or C to the metal M; however, this disclosure does not support all such possible ligands, i.e. the recited limitation encompasses other ligands LB that are not disclosed by the instant Specification.
Claim 1 recites the limitation “i) at least one carbon ring atom of the bridge structure that directly bonds to ring A is substituted with hydrogen”. However, while there is support in the Specification as originally filed to recite specific bridge structures where a carbon ring atom is substituted with hydrogen, such as
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification for the relatively broader limitation as recited in the present claims. That is, the disclosure in the instant Specification supports specific bridge structures where a carbon ring atom is substituted with hydrogen, this disclosure does not support all possible bridge structures where a carbon ring atom is substituted by hydrogen as recited in the present claims.
Claim 1 recites the limitation “ii) at least one of the first or second bridge structures is a 6-membered ring”. However, while there is support in the Specification as originally filed to recite specific 6-membered bridge structures such as:
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification as originally filed to recite the above condition which encompasses all 6-membered bridge structures. That is, while there is support in the originally filed Specification to recite the above provision for specific 6-membered bridge structures, there is no support in the Specification for this provision to be applied to relatively broader 6-membered bridge structures.
Claim 15 recites the limitation “A) if both the first and the second bridge structures are 6-membered rings, and at least one of the first and second bridge structures comprises N”. However, while there is support in the Specification as originally filed to recite specific 6-membered bridge structures such as:
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification as originally filed to recite the above condition which encompasses all 6-membered bridge structures. That is, while there is support in the originally filed Specification to recite the above provision for specific 6-membered bridge structures, there is no support in the Specification for this provision to be applied to relatively broader 6-membered bridge structures.
Claim 15 recites the limitation “II) another ligand that is different from LA coordinates to the metal M vi a C or N atom”. However, while there is support to recite specific other ligands (disclosed as LB) such as:
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as disclosed in Paragraph [0082] of the Specification, there is no support for the relatively broader limitation that the second ligand bonds to the metal M via C or N atoms as recited in the present claim. That is, the instant Specification supports specific second ligands that bond via N and/or C to the metal M; however, this disclosure does not support all such possible ligands, i.e. the recited limitation encompasses other ligands LB that are not disclosed by the instant Specification.
Claim 15 recites the limitation “i) at least one carbon ring atom of the bridge structure that directly bonds to ring A is substituted with hydrogen”. However, while there is support in the Specification as originally filed to recite specific bridge structures where a carbon ring atom is substituted with hydrogen, such as
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification for the relatively broader limitation as recited in the present claims. That is, the disclosure in the instant Specification supports specific bridge structures where a carbon ring atom is substituted with hydrogen, this disclosure does not support all possible bridge structures where a carbon ring atom is substituted by hydrogen as recited in the present claims.
Claim 15 recites the limitation “ii) at least one of the first or second bridge structures is a 6-membered ring”. However, while there is support in the Specification as originally filed to recite specific 6-membered bridge structures such as:
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification as originally filed to recite the above condition which encompasses all 6-membered bridge structures. That is, while there is support in the originally filed Specification to recite the above provision for specific 6-membered bridge structures, there is no support in the Specification for this provision to be applied to relatively broader 6-membered bridge structures.
Claim 19 recites the limitation “A) if both the first and the second bridge structures are 6-membered rings, and at least one of the first and second bridge structures comprises N”. However, while there is support in the Specification as originally filed to recite specific 6-membered bridge structures such as:
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification as originally filed to recite the above condition which encompasses all 6-membered bridge structures. That is, while there is support in the originally filed Specification to recite the above provision for specific 6-membered bridge structures, there is no support in the Specification for this provision to be applied to relatively broader 6-membered bridge structures.
Claim 19 recites the limitation “II) another ligand that is different from LA coordinates to the metal M vi a C or N atom”. However, while there is support to recite specific other ligands (disclosed as LB) such as:
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as disclosed in Paragraph [0082] of the Specification, there is no support for the relatively broader limitation that the second ligand bonds to the metal M via C or N atoms as recited in the present claim. That is, the instant Specification supports specific second ligands that bond via N and/or C to the metal M; however, this disclosure does not support all such possible ligands, i.e. the recited limitation encompasses other ligands LB that are not disclosed by the instant Specification.
Claim 19 recites the limitation “i) at least one carbon ring atom of the bridge structure that directly bonds to ring A is substituted with hydrogen”. However, while there is support in the Specification as originally filed to recite specific bridge structures where a carbon ring atom is substituted with hydrogen, such as
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification for the relatively broader limitation as recited in the present claims. That is, the disclosure in the instant Specification supports specific bridge structures where a carbon ring atom is substituted with hydrogen, this disclosure does not support all possible bridge structures where a carbon ring atom is substituted by hydrogen as recited in the present claims.
Claim 19 recites the limitation “ii) at least one of the first or second bridge structures is a 6-membered ring”. However, while there is support in the Specification as originally filed to recite specific 6-membered bridge structures such as:
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and
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where X is N as disclosed in Paragraphs [0074] and [0075], there is no support in the Specification as originally filed to recite the above condition which encompasses all 6-membered bridge structures. That is, while there is support in the originally filed Specification to recite the above provision for specific 6-membered bridge structures, there is no support in the Specification for this provision to be applied to relatively broader 6-membered bridge structures.
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.
Claim 10 and 11 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 pre-AIA the applicant regards as the invention.
Claim 10 has been amended as follows:
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and while it is clear that the first two (2) structures are stricken through, it is unclear if Applicants’ intention is to strike through the third structure, thereby rendering the scope of the claim indefinite.
Claim 11 recites the following:
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which renders the scope of the claim indefinite given that it is unclear if Applicants’ intention is to cancel ligand LA1 to LA4 from the claims.
Furthermore, claim 11 recites ligands such as:
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which further renders the scope of the claim indefinite given that it is unclear how this ligand satisfies provisions (i) and (ii) in claim 1, i.e. at least one carbon ring atom of the bridge structure that directly bonds to ring A is substituted with hydrogen; and at least one of the first or second bridge structure is a 6-membered ring, given that the bridge structure in the above ligand comprises two (2) 5-membered rings and the carbon atoms bonded directly to ring A (pyridine) are each substituted with two (2) methyl groups.
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.
Claims 1-17 and 19-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Stoessel et al (US 2015/0171348, cited on IDS filed on 8/10/2022, hereafter Stoessel ‘348).
Regarding claim 1, Stoessel ‘348 discloses the following organometallic complex (Page 130 – Compound Ir521):
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This organometallic complex comprises a first ligand LA represented by the recited formula:
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where:
ring A is benzene, i.e. a 6-membered carbocyclic ring;
ring B is pyridine, i.e. a 6-membered heterocyclic ring;
substituent RB is an alkenyl di-substitution that joins to form a fused substituted benzene ring;
Z1 is carbon; and
Z2 is nitrogen.
In ring A, i.e.
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two (2) adjacent substituents RA form first and second bridge structures, thereby meeting proviso (2) of the present claims. The first and second bridge structures comprise first and second backbone structures, respectively that form fused first and second rings, respective, thereby meeting condition (2) of the claims. The first and second backbone structures are each saturated and substituted with methyl groups. The ligand is coordinated to the metal (M) Ir.
The compound disclosed by the reference does not meet condition (i) of the claims, i.e. at least one carbon atom of the bridge structure that directly bonds to ring A is substituted with hydrogen, given that the bridge structure is substituted with methyl groups. However, the compound disclosed by the reference is but one embodiment and attention is directed to the following general formula for the first and second rings above ([0016] – Formula 3):
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where A1 and A3 are C(R3)2, where R3 is a C1-20 alkyl group ([0017] and [0020]); and A2 is C(R1)2, where R1 is H or a C1-20 alkyl group ([0012]). The group R3 can form an aliphatic ring system with an adjacent R ([0020]), where R is a substituent on the formula ([0007] – Formula 3 and [0009]-[0011]):
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where ring CyC is an aryl group ([0009]).
Thus, when A3 is a C3 alkyl which forms an aliphatic ring with an adjacent R on the ring, one obtains the following:
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or
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thereby meeting provision (i), i.e. at least one hydrogen bonding directly to ring A is substituted with hydrogen and provision (ii) at least one of the first of second bridge structures is 6-membered ring.
While the reference fails to exemplify the presently claimed compound nor can the claimed compound be "clearly envisaged" from the reference as required to meet the standard of anticipation, nevertheless, in light of the overlap between the claimed compound and the compound disclosed by the reference, absent a showing of criticality for the presently claimed compound, it is urged that it would have been within the skill level of one of ordinary skill in the art, to use the compound which is both disclosed by the reference and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Regarding claim 2, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, M is Ir.
Regarding claim 3, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, Z2 is nitrogen and Z1 is carbon.
Regarding claim 4, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, ring A is benzene.
Regarding claim 5, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, the reference discloses the following organometallic compound:
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In this compound, recited substituent RA is an alkyl; however, RB is a fused alkenyl, and therefore, outside the scope of the present claim. However, the compound disclosed by the reference is but one embodiment and attention is directed to the following formula ([0007]):
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where CyD is a heteroaryl group ([0010]). As examples of heteroaryl groups encompassed by CyD, the reference discloses CyD-1 ([0039]):
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where “*” denote bonding to CyC and “#” denotes coordination to the metal ([0033]). X is CR ([0033]), where R is an C1-20 alkyl ([0011]). Accordingly, the disclosure of the reference encompasses an embodiment where substituents RB is an alkyl as recited in the present claims.
Regarding claim 6, Stoessel ‘348 teaches all the claim limitations as set forth above. From the discussion above, the first and second fused rings are fused to each other.
Regarding claim 7, Stoessel ‘348 teaches all the claim limitations as set forth above. Additionally, the reference discloses that in Formula 3 ([0016]):
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A1 can be O ([0117]). Accordingly, the first or second backbone can comprise the heteroatom O.
Regarding claim 8, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, the reference discloses the following compound:
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In this compound, ligand LA corresponds to the recited formula:
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where Z3 to Z10 are C.
Regarding claim 9, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, the reference discloses the following organometallic compound:
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In this compound, ligand LA comprises two (2) fused bridge structures and does not comprise first and second bridge structures with the formula:
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However, the compound disclosed by the reference is but one embodiment and attention is directed to the following formula
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where CyD is a heteroaryl group ([0010]). As examples of heteroaryl groups encompassed by CyD, the reference discloses CyD-1 ([0039]):
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where “*” denote bonding to CyC and “#” denotes coordination to the metal ([0033]). X is CR ([0033]), where R is an C1-20 alkyl ([0011]). Two (2) or more radicals R can join to form an aliphatic ring. Thus, on the heteroaromatic ring, two (2) pairs of R can be C3 alkyls that join to from two aliphatic rings:
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Regarding claim 10, Stoessel ‘348 teaches all the claim limitations as set forth above. From the discussion above, the disclosure of the reference encompasses the structure:
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Regarding claim 11, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, the reference discloses the following organometallic compound:
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In this compound, ligand LA does not correspond to ligand LA17 recited in the present claims:
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i.e. the core of the ligand is not a phenyl-pyridine ligand as required by the present claims.
However, the compound disclosed by the reference is but one embodiment and attention is directed to the following formula ([0007]):
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where CyD is a heteroaryl group ([0010]). As examples of heteroaryl groups encompassed by CyD, the reference discloses CyD-1 ([0039]):
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where “*” denote bonding to CyC and “#” denotes coordination to the metal ([0033]). X is CR ([0033]), where R is hydrogen ([0011]).
Regarding claim 12, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, the reference discloses the following compound:
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This compound corresponds to the recited formula M(LA)x(LB)y(LC)z, where x is two (2), y is one (1) and z is zero (0).
Regarding claim 13, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, the reference discloses the following compound:
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In this compound ligand LB corresponds to:
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where X1 to X8 are C; and Ra and Rb are H.
Regarding claim 14, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, the reference discloses the following compound:
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In this compound ligand LB corresponds to ligand LB161 of the claims:
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Regarding claim 20, Stoessel ‘348 teaches all the claim limitations as set forth above. Additionally, the reference discloses a formula comprising the disclosed organometallic compound ([0096]-[0096]).
Regarding claim 15, Stoessel ‘348 discloses an electroluminescent device, i.e. an organic light emitting device, comprising an anode, a cathode, and an emitting layer, i.e. an organic layer, disposed between the anode and cathode ([0097]-[0098]). The light emitting layer comprises the following compound ([0097] and Page 130 – Compound Ir521):
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This organometallic complex comprises a first ligand LA represented by the recited formula:
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where:
ring A is benzene, i.e. a 6-membered carbocyclic ring;
ring B is pyridine, i.e. a 6-membered heterocyclic ring;
substituent RB is an alkenyl di-substitution that joins to form a fused substituted benzene ring;
Z1 is carbon; and
Z2 is nitrogen.
In ring A, i.e.
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two (2) adjacent substituents RA form first and second bridge structures, thereby meeting proviso (2) of the present claims. The first and second bridge structures comprise first and second backbone structures, respectively that form fused first and second rings, respective, thereby meeting condition (2) of the claims. The first and second backbone structures are each saturated and substituted with methyl groups. The ligand is coordinated to the metal (M) Ir.
The compound disclosed by the reference does not meet condition (i) of the claims, i.e. at least one carbon atom of the bridge structure that directly bonds to ring A is substituted with hydrogen, given that the bridge structure is substituted with methyl groups. However, the compound disclosed by the reference is but one embodiment and attention is directed to the following general formula for the first and second rings above ([0016] – Formula 3):
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where A1 and A3 are C(R3)2, where R3 is a C1-20 alkyl group ([0017] and [0020]); and A2 is C(R1)2, where R1 is H or a C1-20 alkyl group ([0012]). The group R3 can form an aliphatic ring system with an adjacent R ([0020]), where R is a substituent on the formula ([0007] – Formula 3 and [0009]-[0011]):
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where ring CyC is an aryl group ([0009]).
Thus, when A3 is a C3 alkyl which forms an aliphatic ring with an adjacent R on the ring, one obtains the following:
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or
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thereby meeting provision (i), i.e. at least one hydrogen bonding directly to ring A is substituted with hydrogen and provision (ii) at least one of the first of second bridge structures is 6-membered ring.
While the reference fails to exemplify the presently claimed compound nor can the While the reference fails to exemplify the presently claimed compound nor can the claimed compound be "clearly envisaged" from the reference as required to meet the standard of anticipation, nevertheless, in light of the overlap between the claimed compound and the compound disclosed by the reference, absent a showing of criticality for the presently claimed compound, it is urged that it would have been within the skill level of one of ordinary skill in the art, to use the compound which is both disclosed by the reference and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Regarding claim 16, Stoessel ‘348 teaches all the claim limitations as set forth above. As discussed above, the organic layer is a light emitting layer, i.e. an emissive layer. Furthermore, the organometallic complex discussed above is an emissive material, i.e. an emissive dopant.
Regarding claim 17, Stoessel ‘348 teaches all the claim limitations as set forth above. Additionally, the reference discloses that the light emitting layer comprises a host compound or matrix material such as an azcarbazole ( [0101]-[0103] and [0281]).
Regarding claim 19, Stoessel ‘348 discloses an electroluminescent device, i.e. a consumer product, comprising an anode, a cathode, and an emitting layer, i.e. an organic layer, disposed between the anode and cathode ([0097]-[0098]). The light emitting layer comprises the following compound ([0097] and Page 130 – Compound Ir521):
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This organometallic complex comprises a first ligand LA represented by the recited formula:
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where:
ring A is benzene, i.e. a 6-membered carbocyclic ring;
ring B is pyridine, i.e. a 6-membered heterocyclic ring;
substituent RB is an alkenyl di-substitution that joins to form a fused substituted benzene ring;
Z1 is carbon; and
Z2 is nitrogen.
In ring A, i.e.
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two (2) adjacent substituents RA form first and second bridge structures, thereby meeting proviso (2) of the present claims. The first and second bridge structures comprise first and second backbone structures, respectively that form fused first and second rings, respective, thereby meeting condition (2) of the claims. The first and second backbone structures are each saturated and substituted with methyl groups. The ligand is coordinated to the metal (M) Ir.
The compound disclosed by the reference does not meet condition (i) of the claims, i.e. at least one carbon atom of the bridge structure that directly bonds to ring A is substituted with hydrogen, given that the bridge structure is substituted with methyl groups. However, the compound disclosed by the reference is but one embodiment and attention is directed to the following general formula for the first and second rings above ([0016] – Formula 3):
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,
where A1 and A3 are C(R3)2, where R3 is a C1-20 alkyl group ([0017] and [0020]); and A2 is C(R1)2, where R1 is H or a C1-20 alkyl group ([0012]). The group R3 can form an aliphatic ring system with an adjacent R ([0020]), where R is a substituent on the formula ([0007] – Formula 3 and [0009]-[0011]):
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where ring CyC is an aryl group ([0009]).
Thus, when A3 is a C3 alkyl which forms an aliphatic ring with an adjacent R on the ring, one obtains the following:
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or
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thereby meeting provision (i), i.e. at least one hydrogen bonding directly to ring A is substituted with hydrogen and provision (ii) at least one of the first of second bridge structures is 6-membered ring.
While the reference fails to exemplify the presently claimed compound nor can the While the reference fails to exemplify the presently claimed compound nor can the claimed compound be "clearly envisaged" from the reference as required to meet the standard of anticipation, nevertheless, in light of the overlap between the claimed compound and the compound disclosed by the reference, absent a showing of criticality for the presently claimed compound, it is urged that it would have been within the skill level of one of ordinary skill in the art, to use the compound which is both disclosed by the reference and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Stoessel et al (US 2015/0171348, cited on IDS filed on 8/10/2022, hereafter Stoessel ‘348) as applied to claims 1-17 and 19-20 above, and in view of Ma et al (US 2010/0237334).
The discussion with respect to Stoessel ‘348 as set forth in Paragraph 27 above is incorporated here by reference.
Regarding claim 18, Stoessel ‘348 teaches all the claim limitations as set forth above. Additionally, the reference discloses that the light emitting layer comprises a host compound or matrix material ([0101]-[0103] and [0281]); however, the reference does not disclose the particular host compound recited in the present claims.
Ma et al discloses an OLED comprising an anode, cathode, and an organic light emitting layer between the anode and cathode (Abstract and [0098]). The light emitting layer comprises a triphenylene compound (Abstract and [0045] – Compound 1’), e.g.
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.
The reference discloses that triphenylene containing benzothiophenes are excellent host materials for OLEDs ([0104]).
Given that both Stoessel ‘34 and Ma et al are drawn to organic electroluminescent devices comprising an emitter layer formed from a host and a dopant, in light of the particular advantages provided by the use and control of the triphenylene host as taught by Ma et al, it would therefore have been obvious to one of ordinary skill in the art to utilize such hosts in the device disclosed by Stoessel ‘34 with a reasonable expectation of success.
Response to Arguments
Applicant's arguments filed 1/14/2026 have been fully considered but they are not persuasive.
In light of the amendments to the claims and Specification, the claim objections and objections to the Specification as set forth in the previous Office Action are withdrawn. Furthermore, in light of the claim amendments, the 35 U.S.C. 112 (b) rejections set forth in the previous Office Action are withdrawn.
In light of the claim amendments, the 35 U.S.C. 102 rejections of the claims as anticipated by Liu, Stoessel ‘348, and Stoessel ‘834 as set forth in the previous Office Action are withdrawn.
Finally, in light of the proper filed terminal disclaimer, filed on 1/14/2026, the obviousness-type double patenting rejection set forth in the previous Office Action is withdrawn.
Applicants argue that Stoessel ‘348 does not disclose or suggest the compounds as recited in claims 1, 15, and 19 given that Paragraph [0051] of the reference excludes the carbon in at A1 and A3 in Formula (3):
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from being hydrogen. However, as discussed in the rejections above, in the formula:
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where A1 and A3 are C(R3)2, and the group R3 can form an aliphatic ring system with an adjacent R ([0020]), where R is a substituent on the formula ([0007] – Formula 3 and [0009]-[0011]):
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.
Thus, when A3 is a C3 alky which form an aliphatic with an adjacent R on the ring, one obtains the following:
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,
Thereby meeting provision (i), i.e. at least one hydrogen bonding directly to ring A is substituted with hydrogen and provision (ii) at least one of the first of second bridge structures is 6-membered ring.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER C. KOLLIAS whose telephone number is (571)-270-3869. The examiner can normally be reached on Monday-Friday, 8:00AM – 5:00 PM EST.
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/ALEXANDER C KOLLIAS/Primary Examiner, Art Unit 1786