Prosecution Insights
Last updated: April 19, 2026
Application No. 18/079,430

HETEROCYCLIC SPIRO COMPOUNDS

Final Rejection §102§103
Filed
Dec 12, 2022
Examiner
YOUNG, WILLIAM D
Art Unit
1761
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Merck Patent GmbH
OA Round
5 (Final)
54%
Grant Probability
Moderate
6-7
OA Rounds
3y 0m
To Grant
70%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
365 granted / 681 resolved
-11.4% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
46 currently pending
Career history
727
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
46.5%
+6.5% vs TC avg
§102
16.3%
-23.7% vs TC avg
§112
30.7%
-9.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 681 resolved cases

Office Action

§102 §103
DETAILED ACTION The following Office action concerns Patent Application Number 18/079,430. Claims 32-36, 38-42, 44-50 are pending in the application. Claims 34-36, 38-40 and 44 have been withdrawn from consideration as being drawn to non-elected species of general formula (I). The applicant’s amendment filed October 20, 2025 has been entered. This office action amends a typographical error in the final office action mailed November 10, 2025. Otherwise, the grounds of rejection are the same. Claim Rejections - 35 USC §§ 102 and 103 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 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 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. Claims 32, 33, 41, 42, 45-50 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by, or, alternatively, under 35 U.S.C. § 103 as being obvious over Kang et al (WO 2014/185751, included in the applicant’s IDS). Baldo et al (WO 00/70655) is cited as an information reference. Kang et al teaches a compound of formula H-1: PNG media_image1.png 111 139 media_image1.png Greyscale (par. 29). The above compound satisfies claimed formula (I) with p=0 and u=1. The substituent group includes a six-membered ring containing one nitrogen, which satisfies formula (E-1) in claim 32. The compound is included in an emitting layer of an electroluminescent device (par. 96, 99). The compound is combined with a second host material or a dopant (par. 99). The second host includes a carbazole compound (par. 106). The carbazole compound is a matrix material as that term is described in the instant application. Carbazole is the claimed hole-transporting compound. The dopant includes a compound of formula D-86: PNG media_image2.png 167 140 media_image2.png Greyscale (par. 141). The above dopant is a known phosphorescent emitter (Baldo et al, p. 5, line 25 to p. 6, line 5). In the event that the above disclosure is not sufficiently specific to anticipate the above listed claims, the examiner submits that the selection of the instantly claimed compounds and resultant properties would have been obvious to a person of ordinary skill in the art since Kang et al teaches a composition containing each of the claimed components. Response to Arguments As suggested by the applicant, the proper code citation is 35 U.S.C. § 102(a)(2), as cited in the grounds of rejection above. Conclusion No new ground of rejection was 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 extension fee 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 date of this final action. Examiner’s Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to William Young whose telephone number is (571) 270-5078. The examiner can normally be reached Monday through Friday, 8:30 AM to 5 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached at 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000./WILLIAM D YOUNG/Primary Examiner, Art Unit 1761 February 12, 2026
Read full office action

Prosecution Timeline

Dec 12, 2022
Application Filed
Dec 12, 2022
Response after Non-Final Action
Sep 17, 2024
Non-Final Rejection — §102, §103
Jan 16, 2025
Applicant Interview (Telephonic)
Jan 16, 2025
Examiner Interview Summary
Feb 17, 2025
Response Filed
Mar 06, 2025
Final Rejection — §102, §103
May 06, 2025
Examiner Interview Summary
May 06, 2025
Applicant Interview (Telephonic)
Jun 10, 2025
Request for Continued Examination
Jun 12, 2025
Response after Non-Final Action
Jul 16, 2025
Non-Final Rejection — §102, §103
Oct 20, 2025
Response Filed
Nov 06, 2025
Final Rejection — §102, §103
Feb 09, 2026
Response after Non-Final Action
Feb 12, 2026
Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12603192
CONDUCTIVE RESIN COMPOSITION
2y 5m to grant Granted Apr 14, 2026
Patent 12590200
Polyester Compositions Including Carbon Nanotubes as Microwave Absorbers in Sensor Applications
2y 5m to grant Granted Mar 31, 2026
Patent 12573564
METHOD FOR MANUFACTURING ELECTRONIC COMPONENT
2y 5m to grant Granted Mar 10, 2026
Patent 12573521
Elastomeric Conductive Composite Interconnect
2y 5m to grant Granted Mar 10, 2026
Patent 12552972
CONDUCTIVE ADHESIVE COMPOSITION
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

6-7
Expected OA Rounds
54%
Grant Probability
70%
With Interview (+15.9%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 681 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month