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 .
Election/Restrictions
In a requirement for election of species dated 10/31/2025, Applicant was required to choose from the species that make up the genus that is made up of the individual species of the compounds having the structure of instant ligand LA wherein the patentably distinct species are those with
One metal, M
One type of ring the two RE substituents form which is condensed to ring E, and
One ring of Formula II which is further coordinated to the metal, M
Applicant’s election without traverse of (a) iridium for metal, M, (b) a monocyclic 6-membered ring made of two RE substituents, (c) which is also the ring coordinated to metal, M, in the reply filed on 12/08/2025 is acknowledged.
This species appears to have been canceled from the instant claims.
Under MPEP 803.02, the search was expanded to find an examinable species.
A species wherein (a) M is iridium, (b) one RE is M and the other RE is ring A, and the two RE are joined to form a fused ring (c) and the fused ring comprises the metal, M, drawn to claims 1-2, 4-5, 11-13, 17, 20, and 23-26 is examined herein.
Claims 6-8, 16, 21-22, and 27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Please indicate these claims as [Withdrawn] in future correspondence in accordance with 37 CFR 1.121(c)(2).
Response to Amendment
In the response filed 04/29/2026, the claims and specification were amended.
These amendments are hereby entered.
In light of Applicant’s amendments to the claims and specification, the objection to claim 19 and the specification are withdrawn by the Office.
In light of Applicant’s amendments to the claims, the rejection under 35 U.S.C. 112(b) of claims 6 and 19 as failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention, the rejection under 35 U.S.C. 112(d) of claim 19 as being of improper dependent form, the rejection under 35 U.S.C. 102 of claims 1-4, 8, and 11-13 as being anticipated by Kwon et al. (US 2022/0069237 A1), and the rejection under 35 U.S.C. 103 of claims 5, 9-10, 14-15, 17, and 20 as being unpatentable over Kwon above, claims 18 and 19 as being unpatentable over Kwon above and further in view of Metz et al. (US 2016/0072081 A1) are withdrawn by the Office.
Claims 1-20 are originally filed.
Claims 21-27 have been added.
Claims 3, 9-10, 14-15, and 18-19 have been canceled.
Claims 1-2, 4-8, 11-13, 16-17, and 20-27 are pending, of which claims 6-8, 16, 21-22, and 27 are withdrawn from consideration.
Response to Arguments
Applicant’s arguments 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.
Claim Objections
Independent claims 1, 17, and 20 have been amended to include the proviso that at least one of four conditions is true, the second of which is the condition that the ligand LA has the following structure.
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This structure is objected to because the ring comprising substituent RC only has two double bonds and forms a cyclohexadiene ring rather than an aromatic benzene ring. Examiner believes this to be an error because such a structure does not appear to represent the claimed invention. Upon response, please either add the missing double bond (MPEP 2163.07 II. – Obvious Errors) or make it of record that no error is present and Applicant means to claim a cyclohexadiene ring.
If Applicant intends to claim a cyclohexadiene ring, several dependent claims may be subject to a rejections under 35 U.S.C. 112(b) and/or 112(d).
Examiner notes that this structure is also present in paragraph [0073] of the instant specification.
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 1-2, 4-5, 11-13, 17, 20, and 23-26 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.
With respect to independent claims 1, 17, and 20, the claims contain variable “T”, however, this variable is not defined in the instant claims or specification.
In continuing examination, this variable is being interpreted as having the same definition as T’, which is an element selected from nitrogen, boron, or phosphorus.
Claims 2, 4-5, 11-13, and 23-26 are rejected by virtue of dependency.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
(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 1-2, 4-5, and 11-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ji et al. (US 2021/0115052 A1).
With respect to claims 1-2 and 4-5 Ji discloses the compound below (page 79).
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This compound meets the requirements of condition (2)(iii or iv) of instant Formula I when A is a monocyclic 6-membered heterocyclic (pyrimidine) ring, B is represented by Formula II, Z1 is a nitrogen atom, Z2 is a carbon atom, K1 and K2 are direct bonds, X1 through X7 are all carbon atoms, T’ is a nitrogen atom, two RA are joined to form a substituted, condensed benzene ring, RC and RD are not present, and RE represents the center metal atom, iridium, and a heterocyclic ring (ring A), and the two RE are joined to form a 5-membered ring which is fused to ring E.
With respect to claims 11 and 12, Ji teaches the compound of claim 1, and the compound has the formula Ir(LA)2(LC), wherein p is 2 and r is 1.
With respect to claim 13, Ji teaches the compound of claim 11, and ligand LC is represented by the instant, first embodiment when Ra1 and Rc1 are each 3-pentyl and Rb1 is a hydrogen atom.
The applied reference has a common assignee and applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 17, 20, 23, and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Ji et al. (US 2021/0115052 A1) as applied above.
With respect to claim 17, Ji discloses an organic light emitting device comprising an anode (115), a cathode (160), and an organic layer between the electrodes comprising a ligand LA of Formula I (Figure 1 and paragraph 0099), such as the compound below (page 79).
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This compound meets the requirements of condition (2)(iii or iv) of instant Formula I when A is a monocyclic 6-membered heterocyclic (pyrimidine) ring, B is represented by Formula II, Z1 is a nitrogen atom, Z2 is a carbon atom, K1 and K2 are direct bonds, X1 through X7 are all carbon atoms, T’ is a nitrogen atom, two RA are joined to form a substituted, condensed benzene ring, RC and RD are not present, and RE represents the center metal atom, iridium, and a heterocyclic ring (ring A), and the two RE are joined to form a 5-membered ring which is fused to ring E.
Ji teaches that the disclosed compounds have a lowest triplet excited state suitable for emitting near infrared light, which make them useful for display and lighting applications (paragraph 0156).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use the compound in an organic light emitting device in order to obtain infrared light, as taught by Ji.
With respect to claim 20, Ji discloses a consumer product comprising an organic light emitting device comprising an anode (115), a cathode (160), and an organic layer between the electrodes comprising a ligand LA of Formula I (Figure 1 and paragraph 0099), such as the compound below (page 79).
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This compound meets the requirements of condition (2)(iii or iv) of instant Formula I when A is a monocyclic 6-membered heterocyclic (pyrimidine) ring, B is represented by Formula II, Z1 is a nitrogen atom, Z2 is a carbon atom, K1 and K2 are direct bonds, X1 through X7 are all carbon atoms, T’ is a nitrogen atom, two RA are joined to form a substituted, condensed benzene ring, RC and RD are not present, and RE represents the center metal atom, iridium, and a heterocyclic ring (ring A), and the two RE are joined to form a 5-membered ring which is fused to ring E.
Ji teaches that the disclosed compounds have a lowest triplet excited state suitable for emitting near infrared light, which make them useful for display and lighting applications (paragraph 0156).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use the compound in the organic layer of an organic light emitting device, and incorporate the organic light emitting device into a consumer product in order to obtain infrared light, as taught by Ji.
With respect to claim 23, Ji teaches the compound of claim 12, as discussed above.
The compound pictured and discussed above is derived from Ji Formula I (paragraphs 0079 and 0051). Ji also teaches that the described ligand LA may be represented by ligand LA1-22, which is pictured below.
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Modifying the compound above to comprise ligand LA1-22 forms a compound that is identical to the first compound on row 5 of page 73 of the instant claims.
Ji includes each element claimed, with the only difference between the claimed invention and Ji being a lack of the aforementioned combination being explicitly stated. Absent a showing of unexpected results, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select any known substituent from each of the finite lists of possible combinations to arrive at the compound of the instant claim since the combination of elements would have yielded the predictable result of a compound with a lowest triplet excited state suitable for emitting near infrared light, which is also useful for display and lighting applications (paragraph 0156), commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E).
With respect to claim 25, Ji teaches the compound of claim 1, and T’ is not directly bonded to a ring that coordinates to the metal center, as pictured above.
With respect to claim 26, Ji teaches the compound of claim 1, and one RE is the metal, M, and the other RE is ring A, as discussed above.
Allowable Subject Matter
Claim 24 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 requirement for election of species, base claim, and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 24, the claim is drawn to a compound of claim 1 wherein T’ is a boron or phosphorus atom.
A search of the prior art did not identify the claimed invention.
The closest identified prior art is Ji et al. (US 2021/0115052 A1).
With respect to claim 24, Ji discloses a compound of Formula I, which is pictured below.
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This Formula can be used to arrive at a compound of instant parent Formula I when adjacent X groups are CR and R groups are joined to form a fused ring (paragraph 0006).
However, Ji only teaches that a position analogous to instant T’ is a nitrogen atom.
Additionally, there existed no teaching nor motivation to substitute a boron or phosphorus atom at this position in the broader prior art as of the effective filing date of the claimed invention.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL SIMBANA whose telephone number is (571)272-2657. The examiner can normally be reached Monday - Friday, 8:00 A.M. - 4:30 P.M..
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, Jennifer Boyd can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A BOYD/Supervisory Patent Examiner, Art Unit 1786
/RACHEL SIMBANA/Examiner, Art Unit 1786
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