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 .
Summary of Claims
Claims 1 and 19 are amended. Claim 1-19 are pending.
Response to Amendment
The rejection of claims 1–19 under 35 U.S.C. 103 as being unpatentable over Susada is not overcome due to the Applicant’s amendment dated 06/29/2026. The rejection is maintained.
The rejection is reproduced below.
Response to Arguments
Applicant’s arguments on page 14 of the reply dated 06/29/2026 with respect to the rejection of claims 1–19 as set forth in the previous Office Action have been fully considered but they are not persuasive.
Applicant's argument – Applicant has amended claims 1 and 19 to recite that the molecular weight of the compounds represented by the formula (B) are independently 2 x 102 to 1 x 104. Applicant argues that compounds C-117 and C-138 do not meet this newly amended limitation.
Examiner's response – Compound C-117 has a molecular weight of 547.65, as evidenced by CAS Registry Number 1207176-84-8 (discussed below). Therefore, Modified Device D1, an embodiment used in the previous office action, reads on Applicant’s newly amended limitation since it comprises C-117, which reads on Applicant’s (B-1) and (B-2), and has a molecular weight which falls within Applicant’s claimed range of 2 x 102 to 1 x 104.
Compound C-138 has a molecular weight of 1121.69, as evidenced by CAS Registry Number 848437-96-7 (discussed below). Therefore, Modified Device D29, an embodiment used in the previous office action, reads on Applicant’s newly amended limitation since it comprises C-138, which reads on Applicant’s (B-1) and (B-2), and has a molecular weight which falls within Applicant’s claimed range of 2 x 102 to 1 x 104.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP 2020-160079, filed on 09/24/2020.
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 1–19 are rejected under 35 U.S.C. 103 as being unpatentable over Susada et al. (WO 2018/198975 A1, provided in Applicant’s IDS filed on 05/09/2023, hereafter “Sasada”), and evidenced by CAS Registry Number 1207176-84-8 and CAS Registry Number 848437-96-7. An English translation of Sasada has been provided in this office action.
Regarding Claims 1–4, 6–8, 10–19, Sasada teaches Example D1 [Table 2] comprising an anode, a hole injection layer, a hole transport layer, a light emitting layer, an electron transport layer, and a cathode [0365] – [0369]. The light emitting layer comprises compound B1 and compound HM-3 (shown below). The hole transport layer comprises polymer HTL-1 and compound HM-3. In this case, the light emitting layer corresponds to the first layer of Applicant’s claim 1 wherein HM-3 corresponds to compound (B-1) while the hole transport layer corresponds to the second layer of Applicant’s claim 1 wherein HM-3 corresponds to compound (B-2) and HTL-1 corresponds to a cross-linked body of a compound having a cross-linkable group.
However, Example D1 does not read on Applicant’s claim 1 since HM-3 does not read on Applicant’s formula B.
Sasada teaches other compounds like HM-3 which are represented by equation C-1 and serve in the same role in a light-emitting element, such as compound C-117 (shown below) [0088] – [0099]. Sasada further teaches the present invention provides a light-emitting element with excellent luminance life [0008].
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Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute C-117 for HM-3 in Example D1, because it would have been choosing between the exemplified compounds of equation C-1 [0088] – [0099], which would have been a choice from a finite number of identified, predictable solutions of a compound useful as in the hole transport and light emitting layers of the light emitting device of Sasada and possessing the benefits taught by Sasada. One of ordinary skill in the art would have been motivated to produce additional devices comprising C-117 having the benefits taught by Sasada in order to pursue the known options within his or her technical grasp with a reasonable expectation of success. See MPEP 2143.I.(E).
Per Claims 1 and 19, the light emitting device, as described above, (hereafter “Modified Device D1”) comprising C-117 and HTL-1 in the hole transport layer (corresponding to Applicant’s second layer), and comprising C-117 and B1 in the light emitting layer (corresponding to Applicant’s first layer) reads on Applicant’s limitation since C-117 reads on Applicant’s (B-1) and (B-2) represented by formula (B) and formula (D-A) (shown below),
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wherein:
ArB1 represents an aromatic hydrocarbon group (spirobifluorene),
ArB2 represents formula (D-A),
GDA represents a hetero ring group (triazine),
TDA represents an aryl group (phenyl).
nB1 is 1,
mDA1, mDA2, and mDA3 are each 0, so ArDA1, ArDA2, and ArDA3 are each not present.
Note that C-117 has a molecular weight of 547.65, as evidenced by CAS Registry Number 1207176-84-8. Therefore, the molecular weight of C-117, which reads on Applicant’s (B-1) and (B-2), falls within Applicant’s claimed range of 2 x 102 to 1 x 104.
Additionally, HTL-1 reads on a cross-linked body of a compound having a cross-linkable group. Sasada teaches compound HTL-1 is heated to become a cross-linking body [0366]. HTL-1 comprises compound M1, Compound M2, and Compound M3 (shown below) [0569]. Compound M1 has the cross-linkable group XL-17, Compound M2 has the cross-linkable group XL-3, as defined in Applicant’s specification [0010].
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Per Claim 2 and 3, Modified Device D1, as described above, reads on Applicant’s limitation since GDA is a monocyclic heterocyclic compound (triazine) where three hydrogen atoms are removed in place of a substituent which is bonded directly to carbon atoms constituting the ring.
Per Claim 4, Modified Device D1, as described above, reads on Applicant’s limitation since ArB1 is a group obtained by removing one hydrogen atoms from a bicyclic aromatic hydrocarbon (spirobifluorene) wherein substituents were bonded directly to the atoms constituting the ring where the hydrogens were removed.
Per Claim 6, 7, and 10, Modified Device D1, as described above, reads on Applicant’s limitation since it comprises HTL-1 which is a polymer with the constitutional unit represented by compound M1 which has the cross-linkable group represented by Applicant’s XL-17 (shown below).
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Additionally compound M1 reads on Applicant’s Formula (Z) (shown below),
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wherein:
n is 1,
nA is 5,
LA is an alkylene group,
Ar3 is a hydrocarbon group (phenyl),
X is represented by the cross-linkable group XL-17.
Per Claim 8, Modified Device D1, as described above, reads on Applicant’s limitation since it comprises HTL-1 which is a polymer with the constitutional unit represented by compound M3 which reads on Applicant’s Formula (X) (shown below),
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wherein:
aX1 is 1, aX2 is 0,
ArX1 and ArX3 are each an arylene group (phenyl) substituted with a bromine,
ArX2 is an arylene group (fluorene) substituted with an alkyl group (octyl) and an aryl group (phenyl) which is further substituted with two alkyl groups (hexyl).
RX1 and RX2 are each an aryl group (phenyl) substituted with three alkyl groups (methyl).
Additionally, HTL-1 is a polymer with the constitutional unit represented by compound M2 which reads on Applicant’s Formula (Y) (shown below),
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wherein:
ArY1 is represented by an arylene group (phenylene) substituted with two alkyl groups (hexyl).
Per Claim 11, Modified Device D1, as described above, reads on Applicant’s limitation since C-117 corresponds to both Applicant’s (B-1) and (B-2).
Per Claims 12 and 13, Modified Device D1, as described above, reads on Applicant’s limitation since the light emitting layer, corresponding to Applicant’s first layer, comprises Compound B1 which reads on Applicant’s Formula (1) (shown below),
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wherein:
M is an iridium atom,
n1 is 3, n2 is 0,
E1 and E2 are each a carbon atom,
Ring L1 is represented by an aromatic hetero ring (imidazole) which is substituted by an aromatic hydrocarbon ring (benzene) which is further substituted by two alkoxy groups (isopropyl) and an aromatic hydrocarbon ring (phenyl).
Ring L2 is represented by an aromatic hydrocarbon ring (benzene).
Per Claim 14, Modified Device D1, as described above, reads on Applicant’s limitation since Ring L1 is an aromatic hetero ring containing a 5-membered ring (imidazole) and Ring L2 is an aromatic hydrocarbon ring containing a 6-membered ring (benzene) in Compound B1.
Per Claim 15, Modified Device D1, as described above, reads on Applicant’s limitation since Ring L1 is a diazole ring (imidazole) and Ring L2 is a benzene.
Per Claim 16, Modified Device D1, as described above, reads on Applicant’s limitation since the light emitting layer (first layer) comprises C-117 which has at least one function selected from hole injection, hole transportability, electron implantation, and electron transport because the luminance life of the light emitting device of the present invention is better [0104].
Per Claim 17, Modified Device D1, as described above, reads on Applicant’s limitation since the hole transport layer (second layer) is adjacent to the light emitting layer (first layer).
Per Claim 18, Modified Device D1, as described above, reads on Applicant’s limitation since the hole transport layer (second layer) is disposed between the anode and the light emitting layer (first layer).
Regarding Claims 1, 5, 9, and 19, Sasada teaches Example D29 [Table 5] comprising an anode, a hole injection layer, a hole transport layer, a light emitting layer, an electron transport layer, and a cathode [0365] – [0369]. The light emitting layer comprises compound B2 and compound HM-1 (shown below). The hole transport layer comprises compound HTL-M1 and compound HM-1. In this case, the light emitting layer corresponds to the first layer of Applicant’s claim 1 wherein HM-1 corresponds to compound (B-1) while the hole transport layer corresponds to the second layer of Applicant’s claim 1 wherein HM-1 corresponds to compound (B-2) and HTL-M1 corresponds to a cross-linked body of a compound having a cross-linkable group.
However, Example D29 does not read on Applicant’s claim 1 since HM-1 does not read on Applicant’s formula B.
Sasada teaches other compounds like HM-1 which are represented by the same equation C-1 and serve in the same role in a light-emitting element, such as compound C-138 (shown below) [0088] – [0099]. Sasada teaches X represents an oxygen or a sulfur atom and is preferably a sulfur atom [0099] – [0100]. Sasada further teaches the present invention provides a light-emitting element with excellent luminance life [0008].
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Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to choose sulfur for X in Compound C-138, because it would have been choosing between oxygen and sulfur, which would have been a choice from a finite number of identified, predictable solutions of a compound useful as in the hole transport and light emitting layers of the light emitting device of Sasada and possessing the benefits taught by Sasada. One of ordinary skill in the art would have been motivated to produce additional compounds of C-138 having the benefits taught by Sasada in order to pursue the known options within his or her technical grasp with a reasonable expectation of success. See MPEP 2143.I.(E).
Additionally, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute C-138 for HM-3 in Example D1, because it would have been choosing between the exemplified compounds of equation C-1 [0088] – [0099], which would have been a choice from a finite number of identified, predictable solutions of a compound useful as in the hole transport and light emitting layers of the light emitting device of Sasada and possessing the benefits taught by Sasada. One of ordinary skill in the art would have been motivated to produce additional devices comprising C-138 having the benefits taught by Sasada in order to pursue the known options within his or her technical grasp with a reasonable expectation of success. See MPEP 2143.I.(E).
Per Claims 1 and 19, the light emitting device, as described above, (hereafter “Modified Device D29”) comprising C-138 and HTL-M1 in the hole transport layer (corresponding to Applicant’s second layer), and comprising C-138 and B2 in the light emitting layer (corresponding to Applicant’s first layer) reads on Applicant’s limitation since C-138 reads on Applicant’s (B-1) and (B-2) represented by formula (B) and formula (D-A) (shown below),
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wherein:
ArB1 represents a hetero ring group (dibenzothiophene) substituted with two alkoxy groups,
ArB2 represents formula (D-A),
GDA represents an aromatic hydrocarbon group (benzene),
TDA represents an aryl group (phenyl) substituted with an alkyl group (tert-butyl).
nB1 is 2,
mDA1, mDA2, and mDA3 are each 0, so ArDA1, ArDA2, and ArDA3 are each not present.
Note that C-138 has a molecular weight of 1121.69, as evidenced by CAS Registry Number 848437-96-7. Therefore, the molecular weight of C-138, which reads on Applicant’s (B-1) and (B-2), falls within Applicant’s claimed range of 2 x 102 to 1 x 104.
Additionally, HTL-M1 reads on a cross-linked body of a compound having a cross-linkable group. Sasada teaches compound HTL-M1 is heated to become a cross-linking body [0420]. HTL-M1 has the cross-linkable group XL-1, as defined in Applicant’s specification [0010].
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Per Claim 5, Modified Device D29, as described above, reads on Applicant’s limitation since in C-138, ArB1 is a group obtained by removing from a monocyclic heterocyclic compound (dibenzothiophene) two hydrogen atoms bonding directly to atoms constituting the ring.
Per Claim 9, Modified Device D29, as described above, reads on Applicant’s limitation since HTL-M1 has a cross-linkable group (XL-1) and is represented by formula (Z’’) (shown below),
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wherein:
mB1 is 1 or 0, mB2 is 1, mB3 is 0
Ar7 is a hydrocarbon group (biphenyl),
LB1 is an arylene group (phenylene),
X’’ is either a cross-linkable group (XL-1) or an aryl group (naphthyl).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sasada et al. (US 2018/0123056 A1) teaches Example D3 comprising an anode, a hole injection layer, a hole transport layer, a light emitting layer, and a cathode ([0588] – [0591]. The hole transport layer comprises HTL-1. The light emitting layer comprises complex 2 and H4 ([0599] – [0600] and Table 2). The light emitting layer corresponds to Applicant’s first layer since H4 reads on Applicant’s compound (B-1) represented by formula (B) and formula (D-B). If this device is modified to include compound B-1 in the hole transport layer, then it would read on Applicant’s independent claims 1 and 19.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JAMES RICHARD FORTWENGLER whose telephone number is (571)272-5433. The examiner can normally be reached Monday - Friday, 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at (571) 270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.R.F./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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