DETAILED ACTION
Response to Amendment
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 received on June 9, 2026. Claims 1, 12, and 13 were amended. Claims 4 and 5 are cancelled claims. Claims 1-3 and 6-13 are pending.
The previous rejection of claim 13 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or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention is withdrawn due to the amendment received June 9, 2026.
The rejection of claims 4 and 5 under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2021/0098708 A1) is withdrawn due to the cancellation of these claims.
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.
Claims 1-3 and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2021/0098708 A1).
Kim et al. teaches organic electroluminescent devices with compounds according to Formula 1 (see abstract):
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In Formula 1, X1 to X4 may be CRa, L may be substituted or unsubstituted arylene of 6 to 30 carbon atoms or heteroarylene of 2 to 30 carbon atoms and n may be 1 or 2, Ar may be substituted or unsubstituted hydrocarbon of 6 to 30 carbon atoms or heterocyclic, and Ra may be hydrogen, deuterium, amine, alkyl, aryl, or substituted or unsubstituted heteroaryl among others (see par. 9). With respect to instant Formula 1 of claim 1, Kim et al. Formula 1 corresponds to the instant “A” ring as oxazole ring. With respect to the presence of a group corresponding to instant R1, Kim et al. teaches a variable Ra may include a substituted amine or substituted heteroaryl (see par. 9). “Heteroaryl” is specifically taught to include triazine (see par. 67) and “substituents” are taught to include at least aryl or heteroaryl (see par. 56). Substituents on a substituted heteroaryl as Ra (see par. 9, 67) may be aryl such as phenyl (see par. 56, 62). Ra may be amine (see par. 9), which may include at least a diphenylamine group (see par. 68).
With respect to claim 2, the Kim et al. Formula 1 core structure (see abstract) corresponds to instant Chemical Formula 1-3.
With respect to claim 3, a corresponding instant L1 group is single bond when a substituted heteroaryl triazine or amine is selected as Kim et al. Ra (see par. 9, 67).
With respect to claim 6, if the triazine group is substituted with phenyl aryl corresponding L2 and L3 are single bond and if triazine group is substituted with biphenyl aryl a corresponding L2 and L3 may be considered to represent a phenyl of the corresponding biphenyl group. (see par, 9, 56, 62, 67).
With respect to claim 7, if a Kim et al. group Ra is the amine group, it may be diphenylenimine, which corresponds to instant L4 and L5 as single bond (see par. 9, 68).
With respect to claim 8, substituents on a substituted heteroaryl (triazine) as Ra (see par. 9, 67) may be aryl such as C6 phenyl (see par. 56, 62).
With respect to claim 9, Ra may be amine (see par. 9), which may include at least a diphenylamine group (see par. 68) corresponding to both of instant Ar3 and Ar4 as C6 phenyl.
With respect to claim 10, Kim et al. group Ar corresponds to instant R2 and Ar may be selected as aryl or heteroaryl (see par. 12) that may specifically include at least aryls phenyl, biphenyl, or naphthyl (see par. 62) or heteroaryls dibenzofuran or dibenzothiophene (see par. 67).
With respect to above discussed groups of Kim et al. Formula 1, the definitions encompass groups within specific compounds of claim 11. For instance with respect to at least the below reproduced compound of instant claim 11 (see instant application preliminary claim set bottom row, right, on bottom page number listed as “19”), Kim et al. Formula 1 corresponds where Ar is aryl phenyl, L is arylene phenylene, n is 1, X1 is CRa where Ra is heteroaryl triazine substituted with aryl phenyls and each of X2 to X4 are CRa with the Ra as hydrogen (see par. 8, 9, 56-71 and above discussions of groups):
INSTANT COMPOUND included within instant claim 11
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With respect to claims 12 and claim 13, Kim et al. Formula 1 compounds are used in an emissive layer (i.e., “light emitting layer”) of a light emitting device between a first electrode and second electrode (see abstract).
While Kim et al. does not appear to show a Formula 1 example compound the same as instant Formula 1, as discussed above, Kim et al. defines groups for Formula 1 compounds the same as required within instant Formula 1 compounds. Given the teachings of the reference, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to form defined Kim et al. Formula 1 compounds for light emitting devices as described above wherein the resultant compounds and devices using the compounds would also meet the limitations of the instant claims. One would expect to achieve functional compounds for use in operational light emitting devices within the disclosure of Kim et al. with a predictable result and a reasonable expectation of success.
Response to Arguments
Applicant's arguments filed June 9, 2026 have been fully considered but they are not persuasive.
With respect to the obviousness rejection over Kim et al. (US 2021/0098708), applicant argues on page 272 that “Kim does not provide any compounds that include a triazine or amine substituent corresponding to the R1 substituent of the instant claims”. The office submits Kim et al. defines groups that meet the requirements of the instant R1 group as discussed in the rejection. Applicant points to exemplified compounds of Kim, but a reference is not limited to only the teaching of preferred or example embodiments. The office submits Kim teaches triazine or amine groups further including aryl (which is taught to encompass at least phenyl) as discussed in the rejection.
Applicant argues comparative data for comparative compounds B-1, B-2, B-8, or B-9. The office submits the “B” comparative compounds do not appear to be identical example compounds of Kim. Further, applicant claims a large possibility of “inventive” compounds beyond the specific examples provided. The experimental data of the instant specification is not considered commensurate in scope with the claimed compounds and closest prior art. Further, applicant does not specifically discuss “inventive” compounds compared to B-1, B-2, B-8, or B-9 where the only difference is the location of the specific triazine or amine group or discuss the statistical significance of any improvement. The office submits the examples relied on by applicant as evidence of unexpected results do not provide an adequate basis to support a conclusion that other embodiments falling within the scope of the claims will behave in the same manner, and therefore, the evidence is not persuasive of nonobviousness because it is not commensurate in scope with the claims. (See In re Kao, 639 F.3d 1057, 1068 (Fed. Cir. 2011).)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
The office notes general Formula 1 of instant claim 1 has a bonding line is drawn into the central portion of the dibenzofuran-containing skeletal core. A non-patent literature reference is provided with this office action to highlight variable bonding when a line is drawn into a central portion of ring(s) - see Brecher, J. Graphical Representation Standards for Chemical Structure Diagrams (IUPAC Recommendations 2008). Pure and Applied Chemistry 2009, 80 (2), 277–410. See especially page 395 with respect to bonding line explanation.
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 Dawn Garrett whose telephone number is (571)272-1523. The examiner can normally be reached Monday through Thursday (Eastern Time).
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/DAWN L GARRETT/ Primary Examiner, Art Unit 1786
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