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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
This action is in reply to the communication filed on February 4, 2026.
Claims 1 – 4 have been amended and are hereby entered.
Claims 5, 6, 8 – 13 and 17 – 20 have been cancelled.
Claims 1 – 4, 7, and 14 – 16 are currently pending and have been examined.
This action is made FINAL.
Response to Amendments
Applicant's amendments to the claims, filed February 4, 2026, caused the withdrawal of the rejection of claims 1 – 20 under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention as set forth in the office action filed November 10, 2025. Claims 5, 6, 8 – 13 and 17 – 20 have been cancelled.
Applicant’s amendments to the claims, filed February 4, 2026, caused the withdrawal of the rejection of claims 1 – 20 under 35 U.S.C. 102(a)(1) as being anticipated by Suh as set forth in the office action filed November 10, 2025. Claims 5, 6, 8 – 13 and 17 – 20 have been cancelled.
Response to Arguments
Applicant’s arguments with respect to claims 1 – 4, 7, and 14 – 16 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 – 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 10 of copending Application No. 17/925619 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the group of Formula 2-3 in claim 4 of the instant application is the same as Formula 2-3 in claim 3 of the ‘619 application. The dopant of claim 6 in the instant application is the same formula as the formulas in claim 9 of the ‘619 application. The anthracene host required in the instant application is the same as the anthracene host in claim 10 of the ‘619 application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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)(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, and 14 – 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mun (US20220348597A1).
As per claims 1 – 4, 7, and 14 – 16, Mun teaches:
An organic electroluminescence device comprising at least a first hole transport layer, a second hole transport layer, a light emitting layer and an electron transport layer in this order from the anode side between the anode and cathode (In [0619 – 622], Mun teaches an Example device in which an electrode is layered sequentially with a hole injection layer, a hole transfer layer, an electron blocking layer, a light emitting layer, an electron transfer layer, an electron injection layer and a cathode. The hole injection layer is interpreted as the claimed first hole transport layer and the hole transfer layer is interpreted as the claimed second hole transport layer.)
Wherein the second hole transport layer, or at least one of the laminated layers disposed between the first hole transport layer and the electron transport layer comprises a triarylamine compound represented by general formula 1
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(In the device of the Examples, compound HT1 is provided in the hole transfer layer ([0620]), which is interpreted as the second hole transport layer.
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. This compound reads on the claimed Formula wherein A, B and C are all a substituted aromatic hydrocarbon group. As claim 1 does not require that one of the groups is represented by general formula 2-1, and claims 2 – 4 further define formula 2-1 without requiring its presence, Suh anticipates claims 2 – 4 as well.)
Wherein the emitting layer is a blue light emitting layer that includes a blue light emitting dopant, wherein the blue light emitting dopant is a compound represented by the following general formula (3-1)
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(In Example 1, the light emitting layer contains compound A-1
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([0178]). This compound reads on the claimed Formula wherein Q1, Q2 and Q3 are substituted aromatic hydrocarbons, namely benzene rings; X represents B; Y1 represents S and Y2 and Y3 represent N-R4 wherein R4 is a substituted aromatic hydrocarbon group. Mun teaches that the light emitting layers are blue light emitting layers in ([0411]).)
Wherein the light emitting layer includes an anthracene derivative having an anthracene skeleton in the molecule (In the device of the Examples, compound BH is provided in the light emission layer
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([0178]). This compound contains the required anthracene group.)
Conclusion
Applicant's amendment necessitated any 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 JENNA N CHANDHOK whose telephone number is (571)272-5780. The examiner can normally be reached on Monday through Friday from 6:30 - 3:30.
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, Marla McConnell can be reached on (571) 270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNA N CHANDHOK/Primary Examiner, Art Unit 1789