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 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1-20, Applicant claims “An organic electroluminescent device, comprising … an exciplex formed by mixing an electron-type light-emitting host material and a hole-type light-emitting host material, … an electron mobility of the electron transport layer is greater than an electron mobility of the hole blocking layer, and the electron mobility of the hole blocking layer is greater than an electron mobility of the electron-type light-emitting host material.”
The claimed organic electroluminescent device requires at least following conditions: 1) the hole-type light-emitting host and the electron-type light-emitting host form an exciplex, and 2) the electron mobility of the hole blocking layer is greater than an electron mobility of the electron-type light-emitting host material. However, the instant specification fails to provide proper written descriptions of the claimed electron-type light-emitting host material and the organic electroluminescent device comprising the same. It is unclear Applicant had possession of the claimed invention at the time the application was filed.
Applicant provides the structure and the materials of the claimed organic electroluminescent device (Fig. 1 and [0049]-[0050]) and specific exemplary devices (Embodiments 1 to 3 in [0052]-[0057] and Table 1). However, Applicant fails to provide the material information of the electron-type light-emitting host material. It is unclear whether any of the embodiments disclosed in the specification including the Embodiments 1 to 3 satisfies the conditions required in the claims: 1) the hole-type light-emitting host and the electron-type light-emitting host form an exciplex, and 2) the electron mobility of the hole blocking layer is greater than an electron mobility of the electron-type light-emitting host material.
The only direction to prepare the electron-type light-emitting host material disclosed in the specification is “nitrogen-containing heterocyclic compound or a cyano-containing aromatic heterocyclic compound” ([0050]). However, there are unlimited number of nitrogen-containing heterocyclic compounds or cyano-containing aromatic heterocyclic compounds in the art. Not all nitrogen-containing heterocyclic compounds or cyano-containing aromatic heterocyclic compounds satisfy the conditions. It is unclear which specific compounds are used as the electron-type light-emitting host materials in the Embodiments 1 to 3. It is unclear whether the Embodiments 1 to 3 satisfy the conditions 1) and 2) because there is no material and electron mobility information. It is unclear Applicant has possession of the claimed organic electroluminescent device and the claimed electron-type light-emitting host material.
Applicant fails to provides a written description of the claimed subject matter because it is unclear whether the inventor had possession as of the filing date of the application of the specific subject matter claimed.
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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 1-20, “An organic electroluminescent device, comprising … an exciplex formed by mixing an electron-type light-emitting host material and a hole-type light-emitting host material, … an electron mobility of the electron transport layer is greater than an electron mobility of the hole blocking layer, and the electron mobility of the hole blocking layer is greater than an electron mobility of the electron-type light-emitting host material.”
The claimed organic electroluminescent device requires a specific electron-type light-emitting host material. However, none of the claims and specification contains proper written descriptions of the electron-type light-emitting host material such that an ordinary skill in the art would not make and use the invention without undue experiment.
(Wands factor A – the breadth of the claim) Applicant claims an organic electroluminescent device comprising an anode, an organic electroluminescent layer, a hole blocking layer, an electron transport layer, and a cathode, wherein the organic electroluminescent layer comprises an exciplex formed by mixing an electron-type light-emitting host material and a hole-type light-emitting host material, and an electron mobility of the hole blocking layer is greater than an electron mobility of the electron-type light-emitting host material.
(Wands factor B – Nature of the invention, Wands factor C – State of the prior art) An organic electroluminescent device comprising an anode, an organic electroluminescent layer containing an exciplex formed by mixing an electron-type light-emitting host material and a hole-type light-emitting host material and a light emitting guest material, a hole blocking layer, an electron transport layer, and a cathode.
(Wands factor D – Level of one of ordinary skill) A person having Ph.D. in chemistry who has knowledge to understand the materials and the structures of an organic electroluminescent device.
(Wands factor E – Level of predictability in the art) An ordinary skill in the art requires the information of the materials and the electron mobilities of the electron-type light-emitting host material, hole blocking layer material, and the electron transport layer material to predict the invention.
(Wands factor F – amount of direction provided by Applicant) Applicant provides the structural information of the claimed organic electroluminescent device, and the material information of the hole blocking layer and the electron transport layer (Fig. 1 and [0049]-[0050]). Applicant provide specific embodiments of organic electroluminescent devices ([0052]-[0057] and Table 1). However, Applicant fails to provide direction to prepare for the electron-type light-emitting host material. No information is provided to determine which electron-type light-emitting host material is used in the embodiments. The only direction to prepare the electron-type light-emitting host material disclosed in the specification is “nitrogen-containing heterocyclic compound or a cyano-containing aromatic heterocyclic compound” ([0050]).
(Wands factor G – number of working examples). Applicant provide specific embodiments of organic electroluminescent devices ([0052]-[0057] and Table 1). However, Applicant fails to provide direction to prepare for the electron-type light-emitting host material. No information is provided to determine which electron-type light-emitting host material is used in the embodiments. No information is provides whether the electron mobility conditions are satisfied for the electron-type light emitting host, hole blocking layer material, and the electron transport layer material. Thus, Applicant fails to provide working examples of the electron-type light-emitting host material and the organic electroluminescent device comprising the same.
(Wands factor H – the quantity of experimentation needed to make the invention) As outlined above in Wands factors A-G, there are unlimited number of nitrogen-containing heterocyclic compounds or cyano-containing aromatic heterocyclic compounds which can form an exciplex with a hole-type light-emitting host material and used as the electron-type light-emitting host material in an organic electroluminescent device. It is impossible to make and use the claimed organic electroluminescent device without the information of the electron-type light-emitting host material. The specification does not describe in such a way to enable the organic electroluminescent device. A person having ordinary skill in the art wound not be able to make the invention without an undue amount of experimentation.
For these reasons, Applicant has not provided sufficient evidence that would enable a person of ordinary skill to make and use the invention as claimed. Accordingly, the specification fails to sufficiently enable a person having ordinary skills in the art at the time the invention was effectively filed to practice the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEOKMIN JEON whose telephone number is (571)272-4599. The examiner can normally be reached Monday - Friday 8:30am to 5:00pm EST.
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/SEOKMIN JEON/Primary Examiner, Art Unit 1786
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