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 § 102
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 80-82 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ryu et al (US 2013/0105771) (Ryu).
In reference to claims 80-82, Ryu teaches a compound A470 as shown below that reads on the instant claims.
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For Claim 80: Reads on wherein X is a sulfur atom, Ar5 is a substituted phenyl group, n is 1 and m is 0.
For Claim 81: Reads on where X is a sulfur atom.
For Claim 82: Reads on n is 1.
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 42-58, 60-73, and 75-79 are rejected under 35 U.S.C. 103 as being unpatentable over Watabe et al (WO 2018/211377) (Watabe) in view of Ryu et al (US 2013/0105771) (Ryu).
It is noted that when utilizing WO 2018/211377, the disclosures of the reference are based on US 2020/0176692 which is an English language equivalent of the reference because the US PG-PUB is the national stage entry of the international application upon which the WO document is based.
In reference to claims 42-50, 52-53, 55-58, 60-71, 73, and 75-59, Watabe teaches an organic light emitting element comprising an anode and a cathode and a first, second and third layer between the electrodes, the second layer is between the first layer and the third layer in contact with each other in that order, the first layer includes a first organic compound, the third layer has a function of emitting light and the refractive index of the first layer is lower than the refractive index of the second layer; and the refractive index of the first layer is lower than the refractive index of the third layer (Watable [0017] [0019]). Based on numerals, drawings and examples it is clear that the first layer is a Hole injection layer, the second layer a hole transport layer and the third layer an emitting layer (see Watabe examples in Tables, fig 1, etc. [0089]). Watabe further teaches that the refractive index of the first organic compound is higher than or equal to 1 and lower than or equal to 1.73 (Watabe [0073]) and that such can be achieved by a compound with a t-butyl group or other materials and a hole injection property (Watabe [0108] to [0110]).
Watabe does not expressly state that the wavelength for the refractive index is 633 or 465 exclusively but exemplifies various materials with indices in this range for a wavelength of 633 nm (See Watabe Table 18 [0452]). It would be expected that Watabe intends to prefer refractive indices be in the claimed range for various wavelengths relevant to device operation. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Watabe further the second layer (or hole transport layer) is a layer containing a hole transporting materials and that known materials can be used so long as they have a property of transporting more holes than electrons (Watabe [0169].
With respect to the difference, Ryu teaches, in analogous art, a compound A470 as shown below as a hole transport material for an organic light emitting diode and that its use therein improves lifespan, efficiency, electrochemical stability and thermal stability and decrease driving voltage (Ryu [0026] [0099] [0110]).
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In light of the motivation of using compound A470 as described above, it would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use the compound A470 as described by Ryu in order to improve lifespan, efficiency, electrochemical stability and thermal stability and decrease driving voltage, and thereby arrive at the claimed invention.
For Claim 42: Reads on an anode, cathode, the third layer reads on the EL Layer, the second layer or hole transport layer reads on the second layer and the first layer or hole injection layer reads on a first layer, the compound A-470 is a first organic compound comprising an arylamine structure, a first group comprising a carbazole, a second group comprising a dibenzothiophene structure and a third group comprising a biphenyl group and wherein the refractive index of the first layer is lower than the refractive index of the light emitting layer.
For Claims 43-44: The overlapping range reads on the index within the claimed range.
For Claims 45-46: Reads on a hole transport layer and the overlapping range reads on the index within the claimed range.
For Claims 47-48: The tert-butyl group is also methyl groups which is a plurality of alkyl groups.
For Claims 49-50: Reads on a carbazole bonded at the 3-position through a phenylene.
For Claims 52-53: Reads on a phenylene.
For Claims 55-57: Reads on wherein the dibenzothiophene is bonded through a meta phenylene to the amine nitrogen atom.
For Claims 58: Reads on biphenyl.
For Claim 60: Reads on the claimed layers.
For Claim 61: Reads on wherein A-470 is a compound G1, Ar1 is a group g1, Ar2 is g3 and Ar3 is a biphenyl.
For Claims 62-63: The overlapping range reads on the index within the claimed range.
For Claims 64-65: Reads on a hole transport layer and the overlapping range reads on the index within the claimed range.
For Claims 66-67: The tert-butyl group is also methyl groups which is a plurality of alkyl groups.
For Claim 68: Reads on X is S.
For Claim 69: Reads on L-2.
For Claim 70: Reads on L-2.
For Claim 71: Reads on g3-2.
For Claim 73: Reads on Ar3-1.
For Claim 75: Reads on Ar3-1-1.
For Claim 76: Reads on Ar3-1-1.
For Claim 77: Reads on G2.
For Claim 78: Reads on the claimed layers.
For Claim 79: Reads on a material.
In reference to claims 51, 54 and 72, Watabe in view of Ryu teaches the device as described above for claim 42 comprising compound A-470 in the second layer that differs from the instantly claimed limitations by a positional isomer only. It is noted that compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. In re Wilder, 563 F.2d 457, 195 USPQ 426 (CCPA 1977). See also In re May, 574 F.2d 1082, 197 USPQ 601 (CCPA 1978) (stereoisomers prima facie obvious). In light of the case law cited above, it therefore would have been obvious to one of ordinary skill in the art that the compound disclosed in the present claims is but an obvious variant of the compound presently claimed, and thereby one of ordinary skill in the art would have arrived at the claimed invention.
Claims 42-50, 52-53, 55-56, 59, 60-69, 71, 73-74, and 78-79 are rejected under 35 U.S.C. 103 as being unpatentable over Watabe et al (WO 2018/211377) (Watabe) in view of Kim et al (US 2015/0221874) (Kim).
It is noted that when utilizing WO 2018/211377, the disclosures of the reference are based on US 2020/0176692 which is an English language equivalent of the reference because the US PG-PUB is the national stage entry of the international application upon which the WO document is based.
In reference to claims 42-50, 52-53, 55-56, 59, 60-69, 71, 73-74, and 78-79, Watabe teaches an organic light emitting element comprising an anode and a cathode and a first, second and third layer between the electrodes, the second layer is between the first layer and the third layer in contact with each other in that order, the first layer includes a first organic compound, the third layer has a function of emitting light and the refractive index of the first layer is lower than the refractive index of the second layer; and the refractive index of the first layer is lower than the refractive index of the third layer (Watable [0017] [0019]). Based on numerals, drawings and examples it is clear that the first layer is a Hole injection layer, the second layer a hole transport layer and the third layer an emitting layer (see Watabe examples in Tables, fig 1, etc. [0089]). Watabe further teaches that the refractive index of the first organic compound is higher than or equal to 1 and lower than or equal to 1.73 (Watabe [0073]) and that such can be achieved by a compound with a t-butyl group or other materials and a hole injection property (Watabe [0108] to [0110]).
Watabe does not expressly state that the wavelength for the refractive index is 633 or 465 exclusively but exemplifies various materials with indices in this range for a wavelength of 633 nm (See Watabe Table 18 [0452]). It would be expected that Wata
be intends to prefer refractive indices be in the claimed range for various wavelengths relevant to device operation. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Watabe further the second layer (or hole transport layer) is a layer containing a hole transporting materials and that known materials can be used so long as they have a property of transporting more holes than electrons (Watabe [0169].
With respect to the difference, Kim teaches, in analogous art, a compound J-43 as shown below as a hole transport material for an organic light emitting diode and that its use therein improves device characteristics such as lifespan, luminous efficiency and driving voltage (Kim [0012] [0018] [0043] [0078]).
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In light of the motivation of using compound J-43 as described above, it would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use the compound J-43 as described by Ryu in order to device characteristics such as lifespan, luminous efficiency and driving voltage, and thereby arrive at the claimed invention.
For Claim 42: Reads on an anode, cathode, the third layer reads on the EL Layer, the second layer or hole transport layer reads on the second layer and the first layer or hole injection layer reads on a first layer, the compound J-43 is a first organic compound comprising an arylamine structure, a first group comprising a carbazole, a second group comprising a dibenzothiophene structure and a third group comprising dibenzofuran group and wherein the refractive index of the first layer is lower than the refractive index of the light emitting layer.
For Claims 43-44: The overlapping range reads on the index within the claimed range.
For Claims 45-46: Reads on a hole transport layer and the overlapping range reads on the index within the claimed range.
For Claims 47-48: The tert-butyl group is also methyl groups which is a plurality of alkyl groups.
For Claims 49-50: Reads on a carbazole bonded at the 3-position through a phenylene.
For Claims 52-53: Reads on a phenylene.
For Claims 55-56: Reads on wherein the dibenzothiophene is bonded through a phenylene to the amine nitrogen atom.
For Claim 59: Reads on dibenzofuran.
For Claim 60: Reads on the claimed layers.
For Claim 61: Reads on wherein A-470 is a compound G1, Ar1 is a group g1, Ar2 is g3 and Ar3 is a group of g1.
For Claims 62-63: The overlapping range reads on the index within the claimed range.
For Claims 64-65: Reads on a hole transport layer and the overlapping range reads on the index within the claimed range.
For Claims 66-67: The tert-butyl group is also methyl groups which is a plurality of alkyl groups.
For Claim 68: Reads on X is S.
For Claim 69: Reads on L-1.
For Claim 71: Reads on g3-2.
For Claim 73: Reads on Ar3-2.
For Claim 74: Reads on Ar3-1-1.
For Claim 78: Reads on the claimed layers.
For Claim 79: Reads on a material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean M DeGuire whose telephone number is (571)270-1027. The examiner can normally be reached Monday to Friday, 7:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer A. 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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/Sean M DeGuire/Primary Examiner, Art Unit 1786