DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on each of 08/19/2024 and 09/17/2025 has been considered by the examiner.
Drawings
The drawings are objected to because the text in FIG. 3 is of poor resolution.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Regarding claims 1, 12, and 19, the variables R4 and n4 are present in at least formula (B-3); however, the claim does not appear to recite the definition of the variables R4 and n4. Therefore, the claim is indefinite because it is unclear how the claim may be met with respect to the variables R4 and n4.
For purposes of examination, the variables R4 are n4 will be interpreted consistent with the definition(s) in the specification, see for example paragraph [0018].
Claims 2-11 are rejected as being dependent on indefinite claim 1.
Claims 13-18 are rejected as being dependent on indefinite claim 12.
Claim 20 is rejected as being dependent on indefinite claim 19.
Regarding claims 2 and 15, the claims recite wherein the organic compound of formula (1) is represented by one of formula (2-1) to (2-18), which includes formula (2-8)
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. Formula (2-8) comprises amine groups at positions that appear to correspond to R0. However, in claims 1 and 12, from which claims 2 and 15 depend, respectively, the definition of R0 does not appear to encompass an amine group. Therefore, it is unclear how a compound of formula (2-8) can be a compound of the claimed formula (1).
For purposes of examination, the claimed will be interpreted such that formula (2-8) is not present.
Claims 3-4 are rejected as being dependent on indefinite claim 2.
Claims 16-17 are rejected as being dependent on indefinite claim 15.
Regarding claim 6, the claim recites several chemical structures with groups Et, iPr, tAm, and tBu; however, it is unclear what these groups are meant to represent. Therefore, the claim is indefinite because it is unclear how the claim may be met with respect to chemical structural comprising Et, iPr, tAm, and/or tBu.
For purposes of examination, Et, iPr, tAm, and tBu will be interpreted consistent with the definition(s) in the specification, see for example paragraph [0047].
Regarding claim 9, the claim recites "[t]he organic compound of claim 1, wherein a six-membered aromatic ring or an aliphatic ring is formed between two adjacent R3 groups." There is insufficient antecedent basis for R3 in the claim. Additionally, R3 does not appear to be recited in claim 1, from which claim 9 depends. Therefore, the claim is indefinite.
For purposes of examination, the claim will be interpreted as depending from claim 2 which recites structures comprising R3 and recited a definition for R3.
Regarding claim 10, the claim recites "[t]he organic compound of claim 1, wherein a six-membered aromatic ring or an aliphatic ring is formed between two adjacent R4 groups." There is insufficient antecedent basis for R4 in the claim. Additionally, R4 does not appear to be recited in claim 1, from which claim 10 depends. Therefore, the claim is indefinite.
For purposes of examination, the claim will be interpreted as depending from claim 2 which recites structures comprising R4 and recited a definition for R4.
Regarding claim 20, the claim recites "[t]he display panel of claim 19, wherein each of R1, R2, R3, R4, and R5 is independently selected from…" There is insufficient antecedent basis for R3 and R4 in the claim. Additionally, R4 does not appear to be recited in claim 19, from which claim 20 depends. Therefore, the claim is indefinite.
For purposes of examination, the claim will be interpreted such that R3 and R4 are not recited.
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 2 and 15 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.
Regarding claims 2 and 15, the claims recite wherein the organic compound of formula (1) is represented by one of formula (2-1) to (2-18), which included formula (2-8)
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. Formula (2-8) comprises amine groups at positions that appear to correspond to R0. However, in claims 1 and 12, from which claims 2 and 15 depend, respectively, the definition of R0 does not appear to encompass an amine group. Therefore, if formula (2-8) is selected, the compound is not a compound of the claimed formula (1) and fails to further limit the subject matter of the claim upon which it depends, or fails to include all the limitations of the claim upon which it depends.
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.
(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.
Claims 1-6 and 11-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kim et al. US-20210053998-A1 (hereinafter "Kim").
Regarding claims 1-6 and 11-20, Kim discloses an organic electroluminescent element including at least one organic layer disposed between a first electrode and a second electrode, wherein the organic layer includes a light-emitting layer, and wherein the light-emitting layer includes a compound represented by a Formula 1 and a compound represented by a Formula 2 (¶ [0012]-[0014]). Kim discloses wherein the compound represented by Formula 1 is the dopant and the compound represented by Formula 2 is the host (¶ [0025]). The compound of Formula 2 is an anthracene derivative (¶ [0014]). The organic electroluminescent element displays light and is therefore a display device. Kim discloses specific examples of Formula 1 which meet the claimed formula (1) in paragraph [0093], including, for example, compound 1-23
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(page 9) and compound 1-100
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(page 22).
Thus, the device of Kim meets claims 1-6 and 11-20.
For example, compound 1-23 corresponds to one of the compounds in claim 6 (see page 88 of the claimed dated 12/12/2022) and is a compound of the claimed formula (1) and formula (2-14) wherein:
Ar1 is in each case a structure represented by formula (A-1);
Ar2 is a structure represented by formula (B-2);
X is O;
each of n0, n1, n2, n3, n4, and n5 is 0; and
R0, R1, R2, R3, R4, and R5 are not required to be present.
For example, compound 1-100 is a compound of the claimed formula (1) and formula (2-16) wherein:
Ar1 is in each case a structure represented by formula (A-1);
Ar2 is a structure represented by formula (B-3);
X is not required to be present;
n0/n4 is in one case 1, n1 is 0, n2 is 1, n3 is 0, and n5 is 2; and
R0/R4 is a substituted aromatic group containing 12 ring atoms (a fluorenyl group which is further substituted), R1 is not required to be present, R2 is a C1 liner alkyl group (a methyl group), R3 is not required to be present, and two R5 join to form a six-membered aromatic ring (a benzene).
Claims 1-5 and 9-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Groarke et al. WO-2024013709-A1 (hereinafter "Groarke").
Regarding claims 1-5 and 9-20, Groarke discloses an organic electroluminescence device comprising a cathode, an anode, and one or more organic thin film layers comprising a light emitting layer disposed between the cathode and the anode (page 78 lines 6-10), wherein the light emitting layer comprises at least one compound of a formula (I) as a dopant material and an anthracene compound as a host material (page 78, lines 15-17). The organic electroluminescence device displays light and is therefore a display device. Groarke discloses specific examples of the compound of formula (I) which meet the claimed formula (1) on pages 36-74, including, for example,
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(page 63, upper right) and
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(page 36, lower left).
Thus, the device of Groarke meets claims 1-5 and 9-20.
For example, the first compound shown above is a compound of the claimed formula (1) and formula (2-16) wherein:
Ar1 is in each case a structure represented by formula (A-1);
Ar2 is a structure represented by formula (B-3);
X is not required to be present;
n1 is 0, n2 is 1, n3 is 2, n4 is in each case 1, and n5 is 2; and
R1 is not required to be present, R2 is a C1 linear alkyl group (a methyl group), two R3 join to form an aliphatic ring, R4 is in each case a C4 branched alkyl group (a t-butyl group), and two R5 join to form a six-membered aromatic ring (a benzene).
For example, the second compound shown above is a compound of the claimed formula (1) and formula (2-14) wherein:
Ar1 is in each case a structure represented by formula (A-1);
Ar2 is a structure represented by formula (B-3);
X is O;
n1 is 0, n2 is 0, n3 is 1, n4 is in one case 1 and in the other case 2, and n5 is 0; and
R1 is not required to be present, R2 is not required to be present, R3 is a C4 branched alkyl group (a t-butyl group), R4 is a C4 branched alkyl group (a t-butyl group) in one case and two R4 join to form an aliphatic ring in the other, and R5- is not required to be present.
Claim Rejections - 35 USC § 103
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 claimed 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US-20210053998-A1 (hereinafter "Kim") as applied to claims 1-2 above.
Regarding claim 9, Kim teaches the device comprising the compound as described above with respect to claims 1-2.
Kim does not specifically exemplify a compound wherein the position corresponding to R3 has a six-membered aromatic ring or an aliphatic ring formed. For example, the compound 1-23 shows R3 as not present (or hydrogen).
However, Kim teaches that the position R4 in Kim's general formula (which is an unsubstituted phenyl in the compound 1-23) may be a C5-C30 aryl group (¶ [0020], see general formula in ¶ [0014]), teaches examples of the aryl group including phenyl and naphthyl (¶ [0030]), and teaches exemplary compounds wherein R4 is naphthyl (see compound 1-2 on page 7). Finally, Kim teaches the organic electroluminescent element comprising the compound of Kim's general formula exhibits improved efficiency, color characteristics and lifetime (¶ [0052]).
Therefore, given the general formula and teachings of Kim, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the phenyl group at the position corresponding to R4 of Kim's general formula with a naphthyl group, because Kim teaches the variable may suitably be selected as such. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified compound would be useful as a dopant in the light emitting layer of the device of Kim and possess the beneficial properties of improved efficiency, color characteristics and lifetime, taught by Kim. See MPEP § 2143.I.(B).
The modified compound 1-23 is a compound of the claimed formula (1) and formula (2-14) wherein n4 is 2 and two R4 form a six-membered aromatic ring (a benzene ring).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Groarke et al. WO-2024013709-A1 (hereinafter "Groarke") as applied to claim 1 above.
Regarding claim 7, Groarke teaches the device comprising the compound as described above with respect to claims 1-2.
Groarke does not specifically exemplify a compound wherein the position corresponding to R1 has a six-membered aromatic ring or an aliphatic ring formed. For example, the compounds shown above show R3 as not present (or hydrogen).
However, Groarke teaches that in the general formula (I), L may be a divalent aryl group, among others (page 7, lines 24-28), that specific examples of an aryl group include phenyl and naphthyl (page 9, lines 23-26), and teaches exemplary Y-(L)n- groups wherein L is a naphthyl (page 29). Finally, Groarke teaches the compounds show narrow fluorescence which is suitable to prevent energy losses (page 8, lines 23-26) and have high external quantum efficiency and lone lifetime (page 8, lines 30-4).
Therefore, given the general formula and teachings of Groarke, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the phenyl group at the position corresponding to L of Groarke's general formula with a naphthyl group, because Groarke teaches the variable may suitably be selected as such. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified compound would be useful as a dopant in the light emitting layer of the device of Groarke and possess the beneficial properties of narrow fluorescence, high external quantum efficiency, and lone lifetime, taught by Groarke. See MPEP § 2143.I.(B).
The modified compounds are each a compound of the claimed formula (1) and formula (2-14) or (2-16) wherein n1 is 2 and two R1 form a six-membered aromatic ring (a benzene ring).
Regarding claim 8, Groarke teaches the device comprising the compound as described above with respect to claims 1-2.
Groarke does not specifically exemplify a compound wherein the position corresponding to R2 has a six-membered aromatic ring or an aliphatic ring formed. For example, the compounds shown above show R2 as a C1 linear alkyl group (a methyl group) or as not present (or hydrogen).
However, Groarke teaches that in the general formula (I), two adjacent residues together form a ring structure that is preferably an alkyl ring (page 6, lines 14-16). Finally, Groarke teaches numerous exemplary compounds comprising a fused alkyl ring formed of two adjacent residues together (see pages 36-74).
Therefore, given the general formula and teachings of Groarke, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to form a ring structure that is preferably an alkyl ring out of two adjacent residues together by substituting the methyl and/or hydrogens at the positions corresponding to R2 of the claimed formula, because Groarke teaches the variables may suitably be joined to form an alkyl ring, which is aliphatic. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified compound would be useful as a dopant in the light emitting layer of the device of Groarke and possess the beneficial properties of narrow fluorescence, high external quantum efficiency, and lone lifetime, taught by Groarke. See MPEP § 2143.I.(B).
The modified compounds are each a compound of the claimed formula (1) and formula (2-14) or (2-16) wherein n2 is 2 and two R2 form an aliphatic ring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kim et al. WO-2021020928-A2, cited on the IDS of 08/19/2024 (see equivalent US-20230077439-A1), discloses an organic light emitting device including a compound of Formula 1 as a dopant and an anthracene-based compound as a host (¶ [0382]) and discloses specific examples of the compound of Formula 1 in paragraph [0365] including, for example,
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(page 240).
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.
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/ELIZABETH M. DAHLBURG/Primary Examiner, Art Unit 1786