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 .
This action is in response to Applicant’s response to election/restriction filed 02/05/2026.
Applicant’s election without traverse of Group I, claims 1-8 in the reply filed on 02/05/2026 is acknowledged.
Claims 9-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/05/2026.
Claims 1-12 are pending. Claims 1-8 are being examined. Claims 9-12 are withdrawn from further consideration as being drawn to a non-elected invention.
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 1-8 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.
Considering claims 1-3, the claims are directed to a compound; however, it is unclear as to what the structure of the compound is because the limitations do not specify the entire structure of the compound. For example, “having a lone electron-pair and a π electron orbit” is a feature of an electron arrangement and doesn’t specify the structure of the compound; the energy gap ΔEST, a radiative decay rate constant, and an oscillator strength are properties of the compound which again do not specify the structure of the compound. For the purpose of examination, the structure of the compound for claims 1-3 will be considered to be that of Formula (1) in claim 4.
Considering claims 4-8, it is unclear as to what the structure of the substituents R1, R2, and R3 is.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ruisheng Technology (CN 106883240 A).
Considering claims 1-4, Ruisheng Technology teaches an organic compound that is a heptazine derivative represented by Formula (1) below:
PNG
media_image1.png
188
214
media_image1.png
Greyscale
having three arbitrary substituents R1, R2, and R3 which are independent of each other (Ruisheng Technology, claims 7-8, [0009]-[0017], [0043]-[0052], [0079]-[0089], examples 1-12).
The claims are directed to a heptazine derivative represented by the claimed Formula (1). Ruisheng Technology teaches a heptazine derivative represented by the claimed Formula (1); thus, it would be expected that the compound of Ruisheng Technology would also have a lone electron-pair and a π electron orbit, wherein an energy gap ΔEST obtained by subtracting an energy level ET1 of a lowest triplet excitation state T1 from an energy level ES1 of a lowest singlet excitation mode S1 is -0.20 eV ≤ ΔEST < 0.0090 eV. It would also be expected that the compound of Ruisheng Technology would also have a radiative decay rate constant kr of less than 1.0 x 106s-1 and an oscillator strength f of less than 0.0050.
Considering claim 5, Ruisheng Technology teaches substituents R1, R2, and R3 are constituted by two types of substituents (Ruisheng Technology, claims 7-8).
Considering claim 6, Ruisheng Technology teaches substituents R1, R2, and R3 are constituted by three different types of substituents (Ruisheng Technology, claims 7-8).
Considering claim 7, Ruisheng Technology teaches substituents R1, R2, and R3 are constituted by one type of substituent (Ruisheng Technology, claims 7-8).
Considering claim 8, Ruisheng Technology teaches an organic compound that is a heptazine derivative represented by Formula (1) below:
PNG
media_image1.png
188
214
media_image1.png
Greyscale
having three arbitrary substituents R1, R2, and R3 which are independent of each other (Ruisheng Technology, claims 7-8, [0009]-[0017], [0043]-[0052], [0079]-[0089], examples 1-12).
Ruisheng Technology teaches substituents R1, R2, and R3 are constituted by two or three types of substituents (Ruisheng Technology, claims 7-8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA NASSIRI-MOTLAGH whose telephone number is (571)270-7588. The examiner can normally be reached M-F 6:30-3:00.
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, Jonathan Johnson can be reached at 571-272-1177. 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.
/ANITA NASSIRI-MOTLAGH/Primary Examiner, Art Unit 1734
Prosecution Insights