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 .
Election/Restrictions
Applicant's election with traverse of Group I, claim 1-16 in the reply filed on 23 February 2026 is acknowledged. The traversal has been found persuasive. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement between Groups I, II, and III, as set forth in the Office action mailed on 29 December 2025, is hereby withdrawn and claims 17-20 hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
However, the Election of Species set forth in the office action mailed on 29 December 2025 is maintained. Applicant’s election without traverse of the following compound in Inventive Example 1 ([0222], p. 142 of USPGPub) in the reply filed on 23 February 2026 is acknowledged:
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Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected 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.
Claims 1, 17 and 20 are rejected as being vague and indefinite when they each recite a “compound comprising a first ligand LA of Formula I”, (emphasis added); the scope of the protection sought by a “first” ligand is not clear, especially as each of the claims do not recite complete formula for the compound. Claims 1-16 fail to particularly point out and distinctly claim the compound. Claims 17-19 fail to particularly point out and distinctly claim the compound contained in the organic layer of the claimed organic light emitting device. Claim 20 fails to particularly point out and distinctly claim the compound contained in the organic layer of the claimed consumer product. The Examiner notes that this rejection can be easily remedied by amending the claim to delete “first”, and by reciting that the compound is represented by formula M(LA)p(LB)q(Lc)r.
Claims 1, 17 and 20 are rejected as being vague and indefinite when they each recite “LA is coordinated to a metal M through the indicated dashed lines“ (emphasis added); the scope of the protection sought by “coordinated” is not clear. The claims fail to particularly point out and distinctly claim how a metal M is bonded to the ligand LA, particularly absent the recitation of a complete formula for the claimed compound. Claims 1-16 fail to particularly point out and distinctly claim the compound. Claims 17-19 fail to particularly point out and distinctly claim the compound contained in the organic layer of the claimed organic light emitting device. Claim 20 fails to particularly point out and distinctly claim the compound contained in the organic layer of the claimed consumer product.
Claims 1, 17 and 20 are rejected as being vague and indefinite when they each recite “wherein M may be coordinated to other ligands” (emphasis added); the scope of the protection sought by “coordinated” is not clear, and there is insufficient antecedent basis for “other” ligands. Also, the claims fail to particularly point out and distinctly claim how a metal M is bonded to any ligand absent the recitation of a complete formula for the claimed compound. Claims 1-16 fail to particularly point out and distinctly claim the compound. Claims 17-19 fail to particularly point out and distinctly claim the compound contained in the organic layer of the claimed organic light emitting device. Claim 20 fails to particularly point out and distinctly claim the compound contained in the organic layer of the claimed consumer product.
Claims 1, 17 and 20 are rejected as being vague and indefinite when they each recite “wherein LA may be joined with other ligands to comprise” (emphasis added); the scope of the protection sought is not clear, in part as there is insufficient antecedent basis for “other” ligands. Claims 1-16 fail to particularly point out and distinctly claim the compound. Claims 17-19 fail to particularly point out and distinctly claim the compound contained in the organic layer of the claimed organic light emitting device. Claim 20 fails to particularly point out and distinctly claim the compound contained in the organic layer of the claimed consumer product.
Claims 1, 17 and 20 are rejected as being vague and indefinite when they each recite “wherein any two substituents may be joined or fused to form a ring” (emphasis added); the scope of the protection sought by and the antecedent basis of “any two substituents” is not clear absent the recitation of a complete formula for the claimed compound. Also, the delineation between “joined” and “fused” is not clear. Claims 1-16 fail to particularly point out and distinctly claim the compound. Claims 17-19 fail to particularly point out and distinctly claim the compound contained in the organic layer of the claimed organic light emitting device. Claim 20 fails to particularly point out and distinctly claim the compound contained in the organic layer of the claimed consumer product.
Claim 5 is rejected as being vague and indefinite when it recites “R1 and R2 is independently an alkyl, cycloalkyl, a monocyclic or polycyclic group comprising 5-membered and/or 6-membered carbocyclic or heterocyclic rings” (emphasis added); the antecedent basis of “monocyclic or polycyclic group comprising 5-membered and/or 6-membered carbocyclic or heterocyclic rings” is not clear. Claim 5 fails to particularly point out and distinctly claim the compound.
Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: U.S. Patent Application Publication No. 2023/0303601, which is the pre-grant publication corresponding to the present application; Benitez et al., "Acetylides for the Preparation of Phosphorescent Iridium(III) Complexes: Iridaoxazoles and Their Transformation into Hydroxycarbenes and N,C(sp3),C(sp2),O-Tetradentate Ligands", 23 November 2022, Inorg. Chem., 61, 48, 19597-19611; and U.S. Patent Application Publication No. 2015/0349277.
Rejoinder
The species elected 23 February 2026 is allowable. Upon review and search of the prior art, pursuant to the procedures set forth in MPEP § 821.04(a), the election of species requirement as set forth in the Office action mailed on 29 December 2025, is hereby withdrawn and all species were hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the election of species requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the election of species requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Allowable Subject Matter
Assuming arguendo that claims 1, 5, 17, and 20 are rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, then claims rewritten to be limited to the compound represented by formula M(LA)p(LB)q(Lc)r characterized in that the ligand LA is represented by formula would be allowable.
Claims 2-4, 6-16, and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Geraldina Visconti whose telephone number is (571)272-1334. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark F Huff can be reached at 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737