DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 12 and 13 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
The claims, which are dependent on Claim 1, recites embodiments of the organometallic compound of Formula 1 according to Formulae 1-3 and 1-13. However, Formulae 1-13 and 1-13 lie outside the scope of Formula 1 as at least one of X11 and X12 must be N.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (EP 3 822 280 A1).
Lee et al. discloses the following compound:
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(page 29) such that R12-13 = hydrogen, R13 = unsubstituted C1 alkyl group (methyl), T1 = single bond, d2 = 1, R2 = unsubstituted C1 alkyl group (methyl), Y2 = C, ring CY2 = C5 heterocyclic group (pyridine), T2 = O, Y3 = C, d31-32 = 0, ring CY31 = C6 carbocyclic group (benzene), ring CY32 = C6 carbocyclic group (benzene), T3 = single bond, Y4 = C, d4 = 0, ring CY4 = C6 carbocyclic group (benzene), M = platinum (Pt), and A2-4 = single bond of Applicant’s Formula 1-3; X31-36 = X41-44 = CH of Applicant’s Formula 1-13.
Claims 1-6 and 8-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2019/0036042 A1).
Kim et al. discloses the following compound:
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(page 10) such that X12 = N, X11 = C(R11) (with R11 = hydrogen), R13 = unsubstituted C1 alkyl group (methyl), a1 = 1, T1 = single bond, d2 = 0, Y2 = C, ring CY2 = C6 carbocyclic group (benzene), a2 = 1, T2 = B(R2a) (with R2a = substituted C3 heteroaryl group (phenyl-substituted pyrazolyl)), Y3 = C, d31-32 = 0, ring CY31 = C6 carbocyclic group (benzene), ring CY32 = C6 carbocyclic group (benzene), a3 = 1, T3 = single bond, Y4 = N, d4 = 0, ring CY4 = C5 heterocyclic group (pyridine), M = platinum (Pt), and A2-4 = single bond of Applicant’s Formula 1; Y21 = C of Applicant’s Formula 2-1; R21-23 = hydrogen of Applicant’s Formula CY2-1; R31-36 = hydrogen of Applicant’s Formula CY3-1; R41-44 = hydrogen of Applicant’s Formula CY4-1; R12 = hydrogen of Applicant’s Formula 1-2; X31-36 = X41-44 = CH of Applicant’s Formula 1-12. Kim et al. further discloses an organic electroluminescent (EL) device (light-emitting device) comprising the following layers: substrate (210), anode (110), organic layer (150), cathode (190), and capping layer (220) (Fig. 4); the organic layer comprises hole-transporting region, light-emitting layer, and electron-transporting region (in this order) ([0150]). Kim et al. discloses that its inventive compounds comprise the light-emitting layer as dopant material (in combination with host material) which in the blue ([0142], [0147]; Table 2).
Allowable Subject Matter
Claim 7 is 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.
The closest prior art is provided by Kim et al. (US 2019/0036042 A1), which discloses compounds of the following form:
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([0045]) where Ar11 = C1-60 heterocyclic group ([0051]), with b15 number of R15 groups not all being hydrogen at the same time ([0096]). An embodiment is disclosed:
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(page 10). However, it is the position of the Office that neither Kim et al. singly nor in further combination with any other prior art discloses or suggests any of the compounds as recited in the claim, particularly in regards to the nature of the R2a group (of T2) of Applicant’s Formula 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L YANG whose telephone number is (571)270-1137. The examiner can normally be reached Mon-Fri, 6am-3pm.
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/JAY YANG/Primary Examiner, Art Unit 1786