Prosecution Insights
Last updated: April 19, 2026
Application No. 17/918,359

FORMULATION OF AN ORGANIC FUNCTIONAL MATERIAL

Non-Final OA §102§112
Filed
Oct 12, 2022
Examiner
BOHATY, ANDREW K
Art Unit
1759
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Merck Patent GmbH
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
89%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
592 granted / 908 resolved
At TC average
Strong +23% interview lift
Without
With
+23.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
34 currently pending
Career history
942
Total Applications
across all art units

Statute-Specific Performance

§103
54.2%
+14.2% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
15.7%
-24.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 908 resolved cases

Office Action

§102 §112
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 . 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. Claim 36 is 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. Regarding claim 36, the phrase "such as…" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). 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) 22-42 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bealle et al. (WO 2018/077660) (hereafter “Bealle”). Regarding claims 22-42, Bealle teaches an electroluminescent device comprising an anode, a hole transporting layer, a light emitting layer, an electron transporting layer, and a cathode (pages 92-95). Bealle teaches that the organic layer is made from a solution comprising at least 3 solvents and organic material, where the organic material can be a polymer or a small molecule and the number of small molecules can be 2 or more and can include a phosphorescent dopant (pages 29 and 93). Bealle teaches that the solvent mixture can comprise 1-phenyl-naphthalene at 2 vol % (BP of 324 and same as taught by the applicant and meets the claimed viscosity), 2-phenoxy ethanol 33 vol % (BP of 244), and pentylbenzene at 35 vol % (BP of 205 and same as taught by the applicant (page 89 Table 5, examples). Bealle teaches that the solution has a surface tension between 15 and 50 mN/m and viscosity between 1 and 50 mPas (pages 26 and 27). Bealle teaches that that the solution mixture is used to make the layers of the electroluminescent device using inkjet printing and the layer is dried after the solution is deposited on the surface (pages 92-95). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bealle et al. (US 2020/0071549) and Bealle et al. (US 2020/0127203) teach solutions to make layers in electroluminescent device comprises semiconducting materials (polymers and small molecules) and 3 solvents. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW K BOHATY whose telephone number is (571)270-1148. The examiner can normally be reached Monday-Friday 7am-4pm. 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, Curtis Mayes can be reached at (571)272-1234. 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. /ANDREW K BOHATY/Primary Examiner, Art Unit 1759
Read full office action

Prosecution Timeline

Oct 12, 2022
Application Filed
Feb 07, 2026
Non-Final Rejection — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598911
ORGANIC LIGHT-EMITTING ELEMENT AND COMPOSITION FOR ORGANIC MATERIAL LAYER THEREOF
2y 5m to grant Granted Apr 07, 2026
Patent 12593607
MATERIALS FOR ORGANIC ELECTROLUMINESCENT DEVICES
2y 5m to grant Granted Mar 31, 2026
Patent 12593606
ORGANIC LIGHT-EMITTING DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12588354
LIGHT-EMITTING DEVICE INCLUDING FUSED CYCLIC COMPOUND, ELECTRONIC APPARATUS INCLUDING THE LIGHT-EMITTING DEVICE, AND THE FUSED CYCLIC COMPOUND
2y 5m to grant Granted Mar 24, 2026
Patent 12581849
ORGANIC ELECTROLUMINESCENCE ELEMENT AND ELECTRONIC APPARATUS
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
89%
With Interview (+23.4%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 908 resolved cases by this examiner. Grant probability derived from career allow rate.

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