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 .
This office action is responsive to the Amendment and Remarks filed 28 July 2026. Claims 1-18 are pending in this application, with claims 1-17 presently under consideration, and claim 18 remaining withdrawn from further consideration.
Response to Amendment
The objection of claim 1, as set forth in paragraph 4 of the previous office action on the merits, is hereby withdrawn in view of applicant’s amendments to the same.
The rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112(pre-AIA ), second paragraph, as set forth in paragraphs 7-9 of the previous office action on the merits, are hereby withdrawn in view of applicant’s amendments to the same.
Applicant’s amendments have failed to satisfactorily address the rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112(pre-AIA ), second paragraph, as set forth in paragraph 10 of the previous office action on the merits.
Terminal Disclaimer
The terminal disclaimer filed on 28 July 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 18/000,910 and 18/000,806 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed 28 July 2026 in response to the objection of and rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112(pre-AIA ), second paragraph, as respectively set forth in paragraphs 4 and 7-9 of the previous office action on the merits, are moot as the aforementioned objection and rejections have been withdrawn.
Applicant's arguments filed 28 July 2026 in response to the rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112(pre-AIA ), second paragraph, as set forth in paragraph 10 of the previous office action on the merits, have been fully considered but they are not persuasive. While the Examiner’s comments regarding the definition of “D” are withdrawn in view of the amendments to claim 1, claim 1 continues to fail to particularly point out and distinctly claim the substituent “G” in the compound of formula (II) contained I the claimed organic light emitting diode. The Examiner notes that “G” is not a universal constant in OLED chemistry, as the “G” in “G-phenyl” is simply a placeholder for a functional group which might be an aryl group, a heteroaryl group, and/or a carbocyclic group. In response to applicant's arguments that “for this reason reference is instead made to an artificial compound ‘G-phenyl’ comprising the polar group ‘G’ and an unpolar group ‘phenyl’” (emphasis added), the Examiner notes that applicant’s arguments are not commensurate in scope with the claims as claim 1 simply recites “G is chosen so that the dipole moment of a compound G-phenyl is ≥ 1D and ≤ 7D”, and does not even recite, at minimum, that “G is a polar group”.
Applicant's arguments filed 28 July 2026 in response to the provisional rejection of claims 1-17 on the ground of nonstatutory double patenting, as set forth in paragraphs 12 and 13 of the previous office action on the merits, are moot as the aforementioned rejections have been withdrawn.
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 1-17 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.
Claim 1 is rejected as being vague and indefinite when it recites “G is chosen so that the dipole moment of a compound G-phenyl is ≥ 1D and ≤ 7D” (emphasis added); the scope of the protection sought by “G is chosen so that the dipole moment of a compound G-phenyl of a compound G-phenyl” is not clear. The phrase renders the claim indefinite, because the claim includes “G” groups not actually disclosed (those encompassed by "G is chosen so that the dipole moment" is), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Claim 1 fails to particularly point out and distinctly claim the substituent “G” in the compound of formula (II) contained in the claimed organic light emitting diode.
Conclusion
THIS ACTION IS MADE FINAL. 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 Geraldina Visconti whose telephone number is (571)272-1334. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm.
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, Anthony J Zimmer can be reached at (571)270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737
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