DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of species (i) in the second blue emitting material layer, the fluorescent compound is represented by Formula 1, (iii) in the second blue emitting material layer, the phosphorescent compound is represented by Formula 3, (v) in the first blue emitting layer, the fluorescent compound is represented by Formula 9 in the reply filed on 06/15/2026 is acknowledged.
After reconsideration of the requirement of election of species set forth in the Office action dated 04/15/2026 and in an effort to further prosecution, the requirement of election of species is hereby withdrawn.
Claim Objections
Claims 4, 7, 12, 18, and 26-27 are objected to because of the following informalities:
the resolution of some of the variables in Formulae 1, 5, 7, and 11 are of poor resolution; and
in claims 26 and 27 it is suggested that "position" on lines 3 and 6 respectively be replaced with "positioned" for ease of reading.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Per MPEP 2163(II)(A)(3)(a)(ii), the written description requirement for a claimed genus may be satisfied through sufficient description of a representative number of species by (A) actual reduction to practice, (B) reduction to drawings, or (C) by disclosure of relevant, identifying characteristics, i.e., structure or other physical and/or chemical properties, by functional characteristics coupled with a known or disclosed correlation between function and structure, or by a combination of such identifying characteristics, sufficient to show the applicant was in possession of the claimed genus. A "representative number of species" means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus.
The instant disclosure does not adequately reflect the structural diversity of the claimed genus of an organic light emitting diode comprising a first emitting part including a first blue emitting material layer and positioned between a reflective electrode and a transparent electrode, a second emitting part including a second blue emitting material layer and positioned between the first emitting part and the transparent electrode, wherein the first blue emitting material layer includes a fluorescent compound, the second blue emitting material layer includes a fluorescent compound and a phosphorescent compound, wherein a difference between a second emission peak intensity of the fluorescent compound in the second blue emitting material layer and a second emission peak intensity of the fluorescent compound in the first blue emitting material layer is 0.1 or less. The instant specification appears to describe only one single example of the blue organic light emitting diode (see Example 3). Further, all of the examples of the fluorescent compounds are small molecules of substantially similar structure and phosphorescent compounds that are organometallics of substantially similar structure. The disclosure does not adequately represent the full scope of the independent claims, which may be of many varied classes of compounds including those comprising polymers and a wide variety of structural elements. Finally, the disclosure only provides exceptionally broad guidance on what materials might be useable to meet the claimed property of wherein a difference between a second emission peak intensity of the fluorescent compound in the second blue emitting material layer and a second emission peak intensity of the fluorescent compound in the first blue emitting material layer is 0.1 or less, and it is primarily by using the property itself to guide the selection.
Claims 16-27 are dependent on claim 1 and therefore, for the reasons outlined above with respect to claim 1, these claims also contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 16-27 are dependent on claim 15 and therefore, for the reasons outlined above with respect to claim 15, these claims also contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 1-27 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.
Regarding claims 1 and 15, each of claims 1 and 15 recited "wherein a difference between a second emission peak intensity of the fluorescent compound in the second blue emitting material layer and a second emission peak intensity of the fluorescent compound in the first blue emitting material layer is 0.1 or less." The claims are indefinite because it is unclear what "a second emission peak intensity" encompasses. Paragraph [00175] in the specification recites "the second emission peak" means that an emission peak having a second greatest intensity or an emission peak at an emission wavelength obtained by adding 30 nm to the maximum emission wavelength. Does this mean that a second emission peak intensity is the emission peak having a second greatest intensity and if such a peak is not present, then it is the emission peak at an emission wavelength obtained by adding 30 nm to the maximum emission wavelength? If that is the case, then what is meant by "peak" in the expression of "an emission peak at an emission wavelength obtained by adding 30 nm to the maximum emission wavelength"? Does this mean simply the emission intensity at an emission wavelength obtained by adding 30 nm to the maximum emission wavelength?
For purposes of examination, the claim will be interpreted such that "a second emission peak intensity" means the emission peak having a second greatest intensity and if such a peak is not present, then the emission intensity at an emission wavelength obtained by adding 30 nm to the maximum emission wavelength.
Claims 2-14 are rejected as being dependent on indefinite claim 1.
Claims 16-27 are rejected as being dependent on indefinite claim 15.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elizabeth M. Dahlburg whose telephone number is 571-272-6424. The examiner can normally be reached Monday through Thursday, 9 a.m. to 4 p.m. ET, and alternate Fridays.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELIZABETH M. DAHLBURG/Primary Examiner, Art Unit 1786
Prosecution Insights