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 .
Status of Claims
Claims 1, 3, 5, 7-8, 15-18, and 20 are amended and claims 2 and 9 are cancelled due to Applicant's amendment dated 12/03/2025. Claims 1, 3-8, and 10-20 are pending.
Response to Amendment
The objection to the drawings as set forth in the previous Office Action is overcome due to the Applicant's amendment dated 12/03/2025.
The objection to claims 15-16 as set forth in the previous Office Action is overcome due to the Applicant's amendment dated 12/03/2025.
The rejections of claims 2 and 9 as set forth in the previous Office Action are moot because claims 2 and 9 are cancelled due to the Applicant's amendment dated 12/03/2025.
The rejection of claims 1, 3-8, 10-16, and 18 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 as set forth in the previous Office Action is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claim 7 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification does not reasonably provide enablement for all light emitting elements as set forth in the previous Office Action is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claims 1, 6, and 14 under 35 U.S.C. 103 as being unpatentable over Kim (US 2021/0202876 A1) in view of Okamoto (US 2012/0235131 A1) is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claims 4 and 7-8 under 35 U.S.C. 103 as being unpatentable over Kim in view of Okamoto and Daniel (WO 2020/200884 A1) is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claim 3 under 35 U.S.C. 103 as being unpatentable over Kim in view of Okamoto, Daniel, Kawai (US 2004/0150327 A1) and Duan (US 2020/0006666 A1) is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claim 5 under 35 U.S.C. 103 as being unpatentable over Kim in view of Okamoto and Choi (US 2020/0212309 A1) is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claims 10-12 under 35 U.S.C. 103 as being unpatentable over Kim in view of Okamoto and Ko (US 2019/0296254 A1) is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claim 13 under 35 U.S.C. 103 as being unpatentable over Kim in view of Okamoto and Tomohiro (English translation of JP 2004273190 A obtained from Global Dossier) is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claim 15 under 35 U.S.C. 103 as being unpatentable over Kim in view of Okamoto and Nomura (US 2009/0160323 A1) is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claim 16 under 35 U.S.C. 103 as being unpatentable over Kim in view of Okamoto and Yoon (US 2003/0165715 A1) is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claims 17 and 20 under 35 U.S.C. 103 as being unpatentable over Kim in view of Daniel is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claim 18 under 35 U.S.C. 103 as being unpatentable over Kim in view of Danie, Okamoto, and Choi is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
The rejection of claim 19 under 35 U.S.C. 103 as being unpatentable over Kim in view of Daniel and Ko is overcome due to the Applicant’s amendment dated 12/03/2025. The rejection is withdrawn.
However, as outlined below, new grounds of rejection have been made.
Response to Arguments
Applicant’s arguments on pages 43-53 of the reply dated 12/03/2025 with respect to the rejections of claims 1, 3-8, and 10-20 as set forth in the previous Office Action have been fully considered and are persuasive. The rejections have been withdrawn.
With respect to the rejections under 35 U.S.C. 112(a), Applicant argues the claims have been amended such that the written description requirement and enablement requirement are satisfied. For this reason, Applicant’s arguments are persuasive.
With respect to the rejections of claims 1, 3-8, 10-16, and 18 under 35 U.S.C. 103, Applicant argues that the cited references do not teach the claims as amended. For this reason, Applicant’s arguments are persuasive.
Applicant’s arguments on pages 49-53 of the reply dated 12/03/2025 with respect to the rejection of claims 17 and 19-20 as set forth in the previous Office Action have been fully considered but they are not persuasive.
Applicant's argument –On pages 49-53, Applicant argues that the cited references do not teach the claims as amended, which require a delayed fluorescent dopant represented by Formula 1 wherein when R2 and/or R13 is the substituted or unsubstituted carbazole group, then R22 is a substituted or unsubstituted carbazole group, and/or at least one selected from among R24 and R25 is a group represented by R1-8 and R1-9.
Examiner's response –As discussed in greater detail in the new grounds of rejection below, the newly cited reference Meng (English translation of CN 110790782 A obtained from Global Dossier) teaches compound 79 which reads on the amended Formula 1. Accordingly, the cited references teach claims 17 and 19-20 as amended.
Applicant's argument –On pages 49-50, Applicant argues one cannot use hindsight reconstruction to pick and choose among isolated disclosures of elements in the prior art to obviate the claimed invention.
Examiner's response –In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. As discussed above and outlined below, the rejections take into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the Applicant's disclosure.
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 8 and 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 8 and 20 recite compounds 15 and 16 which read on the claimed Formula 1 wherein R2 and R13 are each an unsubstituted carbazole, R22 is an unsubstituted or substituted phenyl group, and R24 and R25 are each a phenyl group substituted with carbazole. However, claims 1 and 17 (of which claims 8 and 20 depend upon, respectively) recite the newly added proviso that requires when R2 and/or R13 is a substituted or unsubstituted carbazole group, then R22 is a substituted or unsubstituted carbazole group and/or at least one selected from among R24 and R25 is a group represented by R1-8 or R1-9. Since compounds 15-16 do not satisfy the proviso, it is unclear how compounds 15-16 read on the amended claim. For purposes of examination, compounds 15-16 will be interpreted as not present.
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.
Claims 8 and 20 are 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.
As discussed above with respect to the 112(b) rejection of claims 8 and 20, the compounds 15-16 do not properly depend from the formula recited in claim 1. If compounds 15-16 are selected, they do not satisfy all the requirements of Formula 1. Thus claims 8 and 20 do not properly depend from claim 1.
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 § 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 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2021/0202876 A1) in view of Meng (English translation of CN 110790782 A obtained from Global Dossier).
Regarding claims 17 and 20, Kim teaches an organic light emitting device having increased luminous efficacy of a single color and improved lifespan by including a light emitting layer including a host, a TADF fluorescent dopant and a phosphorescent dopant (abstract; ¶ [0009]-[0010]). In the device, energy is transferred from the phosphorescent dopant to the fluorescent dopant, and thus the phosphorescent dopant is a sensitizer (¶ [0069], [0072], [0100], [0151], and [0178]-[0179]).
Kim teaches an example thereof in Device C which includes an anode, a hole injection layer, a hole transport layer, an electron blocking layer, a light emitting layer, a hole blocking layer, an electron transport layer, an electron injection layer, and a cathode, wherein the light emitting layer includes a phosphorescent platinum dopant, a boron-based fluorescent (TADF) dopant, a hole transporting host, and an electron transporting host (¶ [0085]-[0088]).
Kim fails to teach a structure for the TADF fluorescent dopant. However, Kim does teach the fluorescent dopant is a boron-based compound (¶ [0077] and [0085]-[0088]).
Meng teaches a dark blue TADF organic light-emitting material represented by the structural units on page 3, wherein the organic light-emitting material provides improved color purity and enhanced stability (beginning of pg. 2 and middle of pg. 3). Meng teaches examples of the organic light-emitting material including compound 79 (pg. 10).
compound 79:
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Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to select the TADF fluorescent dopant such that it is a compound represented by Meng’s structural units, based on the teaching of Meng. The motivation for doing so would have been to provide a compound with improved color purity and enhanced stability, as taught by Meng.
In particular, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to select Meng’s compound 79, because it would have been choosing from a list of exemplified compounds represented by Meng’s structural units and taught by Meng, which would have been a choice from a finite number of identified, predictable solutions of a compound useful as the fluorescent dopant in the light emitting layer of the device of Kim and possessing the benefits taught by Meng. One of ordinary skill in the art would have been motivated to produce additional devices comprising compounds represented by Meng’s structural units having the benefits taught by Meng in order to pursue the known options within his or her technical grasp with a reasonable expectation of success. See MPEP 2143.I.(E).
Compound 79 reads on the claimed Formula 1 wherein: R1, R3, R4, R11, R12, R14, R21, and R23 are each hydrogen, R2, R13, and R22 are each an unsubstituted carbazole group, and R24 and R25 are each an unsubstituted aryl group having 6 ring-forming carbon atoms.
Compound 79 reads on the claimed compound 12 (claim 20).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2021/0202876 A1) in view of Meng (English translation of CN 110790782 A obtained from Global Dossier) as applied to claim 17 above, and further in view of Ko (US 2019/0296254 A1), supporting evidence provided by Seo (US 2016/0064684 A1).
Regarding claim 19, Kim in view of Meng teach the device including a hole transporting host, an electron transporting host, a TADF fluorescent dopant of Meng’s compound 79, and phosphorescent dopant, as described above with respect to claim 1.
Kim fails to teach a structure for the hole transporting host, the electron transporting host, and the phosphorescent platinum dopant. However, Kim does not limit the structure of the hosts, and teaches the phosphorescent dopant may be an iridium or platinum complex compound (¶ [0077]).
Ko teaches an organic light-emitting device having high luminescent efficiency and a long lifespan by including a first compound represented by Formula 1, a second compound represented by Formula 2, and a third compound represented by Formula 3 in the emission layer (abstract; ¶ [0005]-[0015]). Ko teaches examples of such devices including Example 1 wherein the first compound is D8, the second compound is a host compound of H2-2, and the third compound is a host compound of H3-2 (Table 3 on pg. 93; structures on pg. 92).
D8:
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H2-2:
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H3-2:
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Seo teaches a material having electron-transport property includes heterocyclic compounds having triazine skeletons and a material having hole-transport property includes compounds having carbazole skeletons (¶ [0163]-[0164]). Accordingly, Ko’s H2-2 is a compound having electron-transport property and Ko’s H3-2 is a compound having hole-transport property.
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to select Ko’s H2-2 as the electron transporting host, Ko’s H3-2 as the hole transporting host, and Ko’s D8 as the phosphorescent dopant (as shown in Ko’s Example 1), to arrive at a device comprising Ko’s first compound, second compound, and third compound, based on the teaching of Ko. The motivation for doing so would have been to provide a device with high luminescent efficiency and a long lifespan, as taught by Ko.
Ko’s H3-2 read on the claimed Formula HT-1 wherein R62 to R69 is a hydrogen atom and R61 is a substituted aryl group having 12 ring-forming carbon atoms, and wherein the substituent is an unsubstituted carbazole group. Accordingly, R61 comprises an unsubstituted carbazole group.
Ko’s H2-2 reads on the claimed Formula ET-1 wherein: X1 to X3 are each N; a1 to a3 are each 0; L1 to L3 are not required to be present; Ar1 and Ar2 are each a substituted arylene group having 6 ring-forming carbon atoms and Ar2 is an unsubstituted arylene group having 6 ring-forming carbon atoms.
Ko’s D8 reads on the claimed Formula M-b wherein: Q1, Q3, and Q4 are each C and Q2 is N; C1 is a substituted heterocycle having 3 ring-forming carbon atoms, C2 is an unsubstituted hydrocarbon ring having 6 ring-forming carbon atoms, C3 is an unsubstituted heterocycle having 12 ring-forming carbon atoms, and C4 is an unsubstituted heterocycle having 5 ring-forming carbon atoms; e1 to e3 are each 1 and e4 is 0; L21 to L23 are each a direct linkage and L24 is not required to be present; d1 is 1 and d2 to d4 are each 0; R31 is an unsubstituted aryl group having 6 ring-forming carbon atoms and R32 to R34 are not required to be present.
Allowable Subject Matter
Claims 1, 3-7, and 10-16 are allowed.
Claim 18 is 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:
With respect to claim 1, the prior art does not teach or suggest a light emitting element comprising an emission layer comprising a hole transporting host and a delayed fluorescent dopant; wherein the hole transporting host is represented by Formula HT-1 and the delayed fluorescent dopant is represented by Formula 1; and wherein the hole transporting host has a lower absolute value of a HOMO energy level than the delayed fluorescent dopant, in combination with the remainder of claim 1.
With respect to claim 18, the prior art does not teach or suggest a light emitting element comprising an emission layer comprising a hole transporting host and a delayed fluorescent dopant; wherein the hole transporting host is represented by Formula HT-1 and the delayed fluorescent dopant is represented by Formula 1; and wherein the hole transporting host has a lower absolute value of a HOMO energy level than the delayed fluorescent dopant, in combination with the remainder of claim 18.
Kim (US 2021/0202876 A1), cited in the rejection above, is considered the closest prior art. Kim teaches an organic light emitting device having increased luminous efficacy of a single color and improved lifespan by including a light emitting layer including a host, a TADF fluorescent dopant and a phosphorescent dopant (abstract; ¶ [0009]-[0010]). Kim teaches an example thereof in Device C which includes an anode, a hole injection layer, a hole transport layer, an electron blocking layer, a light emitting layer, a hole blocking layer, an electron transport layer, an electron injection layer, and a cathode, wherein the light emitting layer includes a phosphorescent platinum dopant, a boron-based fluorescent (TADF) dopant, a hole transporting host, and an electron transporting host (¶ [0085]-[0088]).
Kim is silent as to the hole transporting host having a lower absolute value of a HOMO energy level than the TADF fluorescent dopant. Additionally, Kim fails to teach a hole transporting host represented by Formula HT-1 and a delayed fluorescent dopant represented by Formula 1.
Okamoto (US 2012/0235131 A1), cited in the previous office action dated 09/09/2025, is considered relevant to the claimed invention. Okamoto teaches an organic EL element including an emission layer comprising a host material and an organic light emitting material, wherein the host material is a hole-transporting material, the HOMO energy level of the host is shallower than a HOMO of the organic light emitting material (|HOMO_host| < |HOMO_organic light emitting material|), and the expressions (1) and (2) are satisfied (abstract; ¶ [0016] and [0020]).
0 eV < (|HOMO_organic light emitting material|- |HOMO_host|) ≤ 0.5 eV; and
|LUMO_host| < |LUMO_organic light emitting material|.
By satisfying these conditions, this makes it possible to keep the hole mobility and the electron mobility high in the host material of the emission layer, which provides a device with improved internal quantum yield rate, luminous efficiency, and driving voltage (abstract; ¶ [0017]).
However, Okamoto fails to teach a hole transporting host represented by Formula HT-1 and a delayed fluorescent dopant represented by Formula 1. Additionally, there is nothing in Okamoto that teaches or suggests that a hole transporting host represented by Formula HT-1 and a delayed fluorescent dopant represented by Formula 1 necessarily satisfy the condition wherein the hole transporting host has a lower absolute value of a HOMO energy level than the delayed fluorescent dopant. Accordingly, Okamoto fails to remedy the deficiencies of Kim.
Meng (English translation of CN 110790782 A obtained from Global Dossier), cited in the rejection above, is considered relevant to the claimed invention. Meng teaches a dark blue TADF organic light-emitting material represented by the structural units on page 3, wherein the organic light-emitting material provides improved color purity and enhanced stability (beginning of pg. 2 and middle of pg. 3). Meng teaches examples of the organic light-emitting material including compound 79, which reads on the claimed Formula 1 (pg. 10).
However, Meng fails to teach a hole transporting host represented by Formula HT-1, and is silent as to a hole transporting host having a lower absolute value of a HOMO energy level than the TADF dopant. Additionally, there is nothing in Meng that teaches or suggests that a hole transporting host represented by Formula HT-1 and a delayed fluorescent dopant represented by Formula 1 necessarily satisfy the condition wherein the hole transporting host has a lower absolute value of a HOMO energy level than the delayed fluorescent dopant. Accordingly, Meng fails to remedy the deficiencies of Kim.
Ko (US 2019/0296254 A1), cited in the previous office action dated 09/09/2025, is considered relevant to the claimed invention. Ko teaches an organic light-emitting device in Example 1 comprising a host compound of H3-2 (Table 3 on pg. 93; structures on pg. 92).
H3-2:
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However, Ko fails to teach a delayed fluorescent dopant represented by Formula 1, and is silent as to a hole transporting host having a lower absolute value of a HOMO energy level than a delayed fluorescent dopant. Additionally, there is nothing in Ko that teaches or suggests that a hole transporting host represented by Formula HT-1 and a delayed fluorescent dopant represented by Formula 1 necessarily satisfies the condition wherein the hole transporting host has a lower absolute value of a HOMO energy level than the delayed fluorescent dopant. Accordingly, Ko fails to remedy the deficiencies of Kim.
Thus there is no prior art, either alone or in combination, which teaches or renders obvious a light emitting element comprising an emission layer comprising a hole transporting host and a delayed fluorescent dopant; wherein the hole transporting host is represented by Formula HT-1 and the delayed fluorescent dopant is represented by Formula 1; and wherein the hole transporting host has a lower absolute value of a HOMO energy level than the delayed fluorescent dopant, in combination with the remainder of claim 1.
Likewise, there is no prior art, either alone or in combination, which teaches or renders obvious a light emitting element comprising an emission layer comprising a hole transporting host and a delayed fluorescent dopant; wherein the hole transporting host is represented by Formula HT-1 and the delayed fluorescent dopant is represented by Formula 1; and wherein the hole transporting host has a lower absolute value of a HOMO energy level than the delayed fluorescent dopant, in combination with the remainder of claim 18.
Claims 3-7 and 10-16 depend from claim 1 and thus are allowed for the same reasons presented with respect to claim 1 above.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAELYN R WATSON whose telephone number is (571)272-1822. The examiner can normally be reached M-F 7:30am-5pm.
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/BRAELYN R WATSON/Examiner, Art Unit 1786