DETAILED ACTION
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 1-14 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.
Applicant recites:
A light emitting element, comprising: a first electrode; a second electrode on the first electrode; and an emission layer between the first electrode and the second electrode, and comprising a first compound represented by Formula 1, and at least one selected from among a second compound to a fourth compound, wherein the first compound to the fourth compound are different from each other: Formula 1
The specification recites:
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704
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The above shows examples of second, third, and fourth compounds, but this does not support the full scope of the claim 15. By having a claim written as such, applicant is attempting to have a scope for a combination of generic materials that would extend beyond the material requirements supported in the specification.
Per MPEP 2163(II)(A)(3)(a)(ii), the written description requirement for a claimed genus may be satisfied through sufficient description of a representative number of species by (A) actual reduction to practice, (B) reduction to drawings, or (C) by disclosure of relevant, identifying characteristics, i.e., structure or other physical and/or chemical properties, by functional characteristics coupled with a known or disclosed correlation between function and structure, or by a combination of such identifying characteristics, sufficient to show the applicant was in possession of the claimed genus. A "representative number of species" means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus. Claim 1 has not met this requirement which raises issues with written the description for claims 1-14.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter as applicant claims the compounds to claims 15 and 20.
A search of the prior art fails to show a N in at least one from Y1 to Y4, Z1 toZ4 and W1 as required by independent claims 15 and 20. The closest prior art as exemplified by Hatakeyama (WO 2018/212189) teaches a material represented by 1-2001A (page 7):
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252
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1-2001A fails to show a N in at least one from Y1 to Y4, Z1 toZ4 and W1. Hatakeyama fails to teach, suggest, or offer guidance that would render it obvious modify 1-2001A to fails to show a N in at least one from Y1 to Y4, Z1 toZ4 and W1 to arrive at the limitations of independent claims 15 and 20.
Claims 15-20 allowed.
Response to Amendment
New art applied. 2nd Non-Final presented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY D CLARK whose telephone number is (571)270-7087. The examiner can normally be reached on 8AM-4PM M-F.
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/GREGORY D CLARK/Primary Examiner, Art Unit 1786
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