Prosecution Insights
Last updated: April 19, 2026
Application No. 18/020,478

COMPOUND FOR ORGANIC OPTOELECTRONIC ELEMENT, COMPOSITION FOR ORGANIC OPTOELECTRONIC ELEMENT, ORGANIC OPTOELECTRONIC ELEMENT, AND DISPLAY DEVICE

Non-Final OA §102§103§DP
Filed
Feb 09, 2023
Examiner
KOSACK, JOSEPH R
Art Unit
3991
Tech Center
3900
Assignee
Samsung Electronics
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
69%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
962 granted / 1285 resolved
+14.9% vs TC avg
Minimal -6% lift
Without
With
+-5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
16 currently pending
Career history
1301
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
26.2%
-13.8% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
29.7%
-10.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1285 resolved cases

Office Action

§102 §103 §DP
DETAILED ACTION Claims 1-16 are pending in the present application. 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. Priority The claim to priority as a 371 filing of PCT/KR2021/020118 filed on December 29, 2021, which claims benefit of KR 10-2020-0187970 filed on December 30, 2020 is acknowledged in the present application file. 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. Claims 1 , 2, and 4 -7 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Xing et al. ( CN 110776513A ) . Xing et al. teaches an organic light-emitting device including a first electrode, a second electrode disposed opposite to the first electrode, and an emission layer including the compound . See compound A 5 , page 3, paragraph 20 . Th e compound reads on claims 1 and 2 where the formula is Chemical Formula 1 C , L 1 and L 2 are single bonds, Ar 1 -Ar 3 are phenyl rings, and all R groups are hydrogen. With respect to claims 4-6, Ar 1 -Ar 3 are unsubstituted phenyl rings. With respect to claim 7, the compound is compound 1- 113 : . 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. Claim s 1-7 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US PGPUB 2014/0374711) . With respect to claims 1, 2, and 11-13, Cho et al. teaches an organic light-emitting device including a first electrode, a second electrode disposed opposite to the first electrode, and a light emitting layer including the compound . See paragraph 123, pages 73 and 83, especially compound 162. The compound corresponds to claims 1 and 2 where the formula is Chemical Formula 1B, L 1 and L 2 are single bonds, Ar 1 -Ar 3 are phenyl rings, and all R groups are hydrogen. Cho et al. does not teach where the motif is shifted by one position to yield the motif present in Chemical Formula 2 of claim 1 and Chemical Formula 1B of claim 2. In the optoelectronic arts, ortho and meta substitution are adjacent homologues. The court in In re Henze ( 181 F.2d 196, 37 C.C.P.A. 1009, 85 U.S.P.Q. 261 (C.C.P.A. 1950) ) states that “To those skilled in the chemical art, one homologue is not such an “advance” over an adjacent member of the series as requires invention, unless the beneficial properties realized in the new homologue lie clearly outside of the expectations which knowledge of his science would inform the trained chemist should be inherent in the product.” Therefore, the present claims are obvious as the person of ordinary skill in the art would be motivated to change the meta substitution of the compound above to the ortho substitution with a reasonable expectation of success. With respect to claim 3, the resultant compound is Chemical Formula 1B- 2. With respect to claims 4-6, Ar 1 -Ar 3 are unsubstituted phenyl rings. With respect to claim 7, the resultant compound is compound 1-7: . Claim s 8 -1 6 are rejected under 35 U.S.C. 103 as being unpatentable over Xing et al. (CN 110776513A) . Xing et al. is relied on as described above. Xing et al. does not exemplify where compound A-5 is used in an organic light-emitting device. Xing et al. teaches an organic light-emitting device including a first electrode, a second electrode disposed opposite to the first electrode, and an emission layer including the compound . See the Examples, pages 18-19, paragraphs 87-112, especially compound A8, page 3, paragraph 20. The person of ordinary skill in the art would have found it obvious to substitute compound A-8 for compound A-5 in the device of Xing et al. to make a new organic light-emitting device due to the substantial structural similarities between the two compounds. There would be a reasonable expectation of success as the compounds are disclosed together for the same use and the person of ordinary skill in the art would see it as a drop-in replacement. Additionally, Xing et al. do not exemplify the addition of another compound in the light emitting layer. However, Xing et al. teach the compound , which reads on claims 8 and 10 where the structure is a combination of Chemical Formula 4 and 5 as represented by Chemical Formula C, L 5 and L 6 are single bonds, Ar 6 and Ar 7 are substituted phenyl rings, and all R groups are hydrogen. See compound A1, page 3 and Example 1, paragraphs 87-112. Additionally, Xing et al. teach that a host compound such as in the light emitting layer. See compound GPH-44, paragraphs 74 and 76, pages 11-12. This compound reads on chemical formula 3-8 of claim 9 where L 3 and L 4 are C-1 and all R groups are hydrogen. “ It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven , 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) As compounds GPH-44, A1 , and A5 of Xing et al. are for use in a light emitting layer, it is obvious to combine two of the components into one composition for the same purpose. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claim s 1-4, 8 , 9, and 11-16 are rejected on the ground of nonstatutory double patenting a s being unpatentable over at least claim s 1 and 6-9 of U.S. Patent No. 12,501,829 . Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons . The ‘829 patent claims a display device having the compound s and in a light emitting layer between an anode and cathode . See claims 6 and 7, especially compound 104 in claim 6. The first compound reads on claims where the compound is of Chemical Formula 1B-3, Ar 3 is an unsubstituted phenyl group, L 1 and L 2 are single bonds, Ar 1 is a substituted heterocyclic group, Ar 2 is a phenyl ring , and all R groups are hydrogen. The second compound is the same is claimed in present claims 8 and 9. Claims 1-6, 8, and 11-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 6, 11, and 13-15 of copending Application No. 18/561,095 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons. The ‘095 application claims a display device having the compounds and in a light emitting layer between an anode and cathode. See claims 6 and 7, especially compound 104 in claim 6. The first compound reads on claims where the compound is of Chemical Formula 1B-3, Ar 1 - Ar 3 are unsubstituted or substituted phenyl group s , L 1 and L 2 are single bonds, and all R groups are hydrogen or deuterium . For the second compound, the structure is Chemical Formula 3, m is 0, L 3 and L 4 are single bonds, Ar 4 and Ar 5 are C6 aryl groups, and all R groups are deuterium. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Conclusion Claims 1-16 are rejected. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Joseph Kosack whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-5575 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8:00-4:30 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Patricia Engle can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6660 . 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. /JOSEPH R KOSACK/ Primary Examiner, Art Unit 3991
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Prosecution Timeline

Feb 09, 2023
Application Filed
Mar 17, 2026
Non-Final Rejection — §102, §103, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
69%
With Interview (-5.9%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 1285 resolved cases by this examiner. Grant probability derived from career allow rate.

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