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 1-12 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.
Claim 1 recites a composition containing Formula Y, constitutional unit SM1, constitutional unit SM2 wherein Formula 1 is a generic arylene group, SM1 is a low molecular weight, and SM2 is a low molecular weight. The SM1 and SM2 components are also defined as having an absolute value of a difference between the energy level of the lowest triplet excited state and the energy level of the lowest singlet excited state is 0.50 eV or less. SM1 and SM2 are further related by the content number per unit mass of the constitutional unit (SM1) in the composition is represented as dSM1 and the content number per unit mass of the low molecular compound (SM2) wherein dSM1 + dSM2 is 2.0 X 10¹⁹ (number/g) or more and dSM1/dSM2 is 0.020 or more and 50 or less.
These generic descriptions for Formula Y, SM1, and SM2 render the claim as very broad which fails to provide a detailed written description so that one of ordinary skill in the art can reasonably conclude the inventor had possession of the claimed invention. While there are examples in the Specification, this does not support the full scope of the claim. The office views the scope for a combination of generic materials with specific electronic and content number per unit mass relationships as extending beyond what is supported in the Specification. Clams 2-12 which require the limitations of claim 1 are also rejected based on the lack of a written description.
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