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
Applicants elected the following compound without traverse in the reply filed on 2 March 2026:
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. However, the aforementioned compound is not within the scope of the compound of the present formula I.
The Examiner spoke with applicant’s representative, i.e., Lindsay N. Kandow, on 24 March 2026, and confirmed that applicants elect the following compound without traverse:
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wherein each of the substituents R10, R20, R30, and R40 therein is hydrogen.
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.
Claim 1 is rejected as being vague and indefinite when it recites “wherein RA, RB, RC, and RD each independently represent mono to the maximum amount of substitution, or no substitution” (emphasis added); the scope of the protection sought by “no substitution” is not clear, particularly in light of the substituent definitions which follow that phrase. Claim 1 fails to particularly point out and distinctly claim the substituents RA, RB, RC, and RD in the claimed compound of formula I. Claim 19 is also rejected as being vague and indefinite when it recites “wherein RA, RB, RC, and RD each independently represent mono to the maximum amount of substitution, or no substitution” (emphasis added), as it fails to particularly point out and distinctly claim the substituents RA, RB, RC, and RD in the compound of formula I contained in the organic layer of the claimed organic light emitting device. Similarly, claim 20 is rejected as being vague and indefinite when it recites “wherein RA, RB, RC, and RD each independently represent mono to the maximum amount of substitution, or no substitution” (emphasis added), as it fails to particularly point out and distinctly claim the substituents RA, RB, RC, and RD in the compound of formula I contained in the organic layer of the organic light emitting device contained in the claimed consumer product.
Claims 2 and 3 are rejected as being vague and indefinite when they each recite “wherein exactly one of L1-L4 is a one atom linker” (emphasis added); the scope of the protection sought by and antecedent basis of “one atom linker” is not clear. Claims 2 and 3 each fail to particularly point out and distinctly claim the substituents L1 - L4 in the claimed compound of formula I, i.e., that at least one of the substituents L1 - L4 is O, S, or Se.
Claim 2 is rejected as being vague and indefinite when it recites “at least one of Rings A-D is a 5-membered ring and no two adjacent rings selected from Rings A-D are both a pyrrole or both a triazole” (emphasis added); the scope of the protection sought by and antecedent basis of “no two adjacent rings selected from Rings A-D” is not clear. Claim 2 fails to particularly point out and distinctly claim the rings A through D in the claimed compound of formula I.
Claim 6 is rejected as being vague and indefinite when it recites “wherein L1 and L2 are both one atom linkers” (emphasis added); the scope of the protection sought by and antecedent basis of “one atom linker” is not clear. Claim 6 fails to particularly point out and distinctly claim the substituents L1 and L2 in the claimed compound of formula I, i.e., that at least one of the substituents L1 and L2 are each O, S, or Se.
Claim 15 is rejected as being vague and indefinite when it recites “wherein at least one of T1-T12 is selected from the group consisting of N, B, O, S, and Se; wherein at least two of T1″-T3″ are selected from the group consisting of N, NR, BR, BRR′, SiRR′, CRR′, O, S, Se, PR, SO, SO2, and P(O)R; wherein at least two of T4″-T6″ are selected from the group consisting of N, NR, BR, BRR′, SiRR′, CRR′, O, S, Se, PR, SO, SO2, and P(O)R; wherein at least two of T7″-T9″ are selected from the group consisting of N, NR, BR, BRR′, SiRR′, CRR′, O, S, Se, PR, SO, SO2, and P(O)R; wherein at least one of T1′″-T3′″ is selected from the group consisting of N, NR, BR, BRR′, SiRR′, CRR′, O, S, Se, PR, SO, SO2, and P(O)R” (emphasis added); the scope of the protection sought is not clear. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 15 recites the broad recitation “wherein T1-T12, T1′-T14′, T1″-T9″, and T1′″-T3′″ are each independently selected from N, NR, BR, BRR′, SiRR′, CR, C═X, CRR′, O, S, Se, PR, SO, SO2, and P(O)R”, and the claim also recites “wherein at least one of T1-T12 is selected from the group consisting of N, B, O, S, and Se; wherein at least two of T1″-T3″ are selected from the group consisting of N, NR, BR, BRR′, SiRR′, CRR′, O, S, Se, PR, SO, SO2, and P(O)R; wherein at least two of T4″-T6″ are selected from the group consisting of N, NR, BR, BRR′, SiRR′, CRR′, O, S, Se, PR, SO, SO2, and P(O)R; wherein at least two of T7″-T9″ are selected from the group consisting of N, NR, BR, BRR′, SiRR′, CRR′, O, S, Se, PR, SO, SO2, and P(O)R; wherein at least one of T1′″-T3′″ is selected from the group consisting of N, NR, BR, BRR′, SiRR′, CRR′, O, S, Se, PR, SO, SO2, and P(O)R” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Claim 15 fails to particularly point out and distinctly claim the substituents T1-T12, T1′-T14′, T1″-T9″, and T1′″-T3′″ in the claimed compound of formula I.
Claim 17 is rejected as being vague and indefinite when it recites the following (simply a representative example of the recitation in the claim)
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; the scope of the protection sought by these columns is not clear. Claim 17 fails to particularly point out and distinctly claim the compound of formula I.
Rejoinder
The species elected 24 March 2026 is allowable. 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 2 January 2026 is hereby withdrawn and all species are 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
Claims limited to a compound represented by any one of the following formulae would be allowable if 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:
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or
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.
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. 2023/0192714, which is the pre-grant publication corresponding to the present application;
Chinese Patent, No. CN 114773353, which teaches compounds of the present formula I, as represented therein by any one of
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; and
related applications: U.S. Patent Application Publication Nos. 2023/0329089, 2023/0192665, 2023/0192738, 2023/0192739, 2023/0192730, 2023/0200211, 2023/0200212, and 2023/0286989.
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
Prosecution Insights