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 .
Claim Objections
Claim 8 is objected to because of the following informalities. The structures are too blurry for publication. Appropriate correction is required.
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 1-15 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, from which claims 2-15 depend, includes groups R1, R2, R3 and R4 in the definition of group R but does not define these variables in the claim and therefor the claims are indefinite.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cao et al (CN 112979715) (Cao).
In reference to claims 1-15, Cao teaches an organic electroluminescent device for a display comprising anode, cathode, hole transport layer, and one or more layers stacked wherein one of the light emitting layers comprises a host and an organometallic compound below that emits light in a green to red region (Cao [0093] to [0099] [0009] [0100] [0005])
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for example wherein M is iridium, X is 1 to 3, y is 0, z is 0, 1 or 2, LA is a group of formula (I), R9 and R10 are fused to form a ring, R7 and R8 are each hydrogen, Z2 is CR3R4, R3 and R4 are each methyl, two of W are fused to form (1), X2 is O, each of Z is CH, Lc is a group of formula (III) wherein R17 and R15 is methyl and R16 is hydrogen (Cao [0011] to [0025]; [0074]).
Cao discloses the metal complex that encompasses the presently claimed metal complex, including wherein M is iridium, X is 1 to 3, y is 0, z is 0, 1 or 2,, LA is a group of formula (I), R9 and R10 are fused to form a ring, R7 and R8 are each hydrogen, Z2 is CR3R4, R3 and R4 are each methyl, two of W are fused to form (1), X2 is O, each of Z is CH, Lc is a group of formula (III) wherein R17 and R15 is methyl and R16 is hydrogen. Each of the disclosed substituents from the substituent groups of Cao are considered functionally equivalent and their selection would lead to obvious variants of the metal complex.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application, in the absence of unexpected results, to have selected these substituents among those disclosed for the metal complex to provide the compound described above, which is both disclosed by Cao and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
For Claim 1: Reads on a complex of chemical formula 1 wherein X7 and X8 are each C bonded to R, X1 and X2 form a ring, X3 to X6 are each CH, M is Ir, m is 2, n is 1, Z1 and Z2 form a bidentate acac ligand, Y is O, R1 to R4 are hydrogen.
For Claim 2: Reads on formula 2.
For Claim 3: Reads on formula 6.
For Claim 4: Reads on Iridium
For Claim 5: Reads on 1 and 2.
For Claim 6: Reads on 2 and 1.
For Claim 7: Reads on 3 and 0.
For Claim 8: Reads on compound 1.
For Claim 9 Reads on a device with two electrodes and an organic layer comprising an EML comprising the metal as a dopant.
For Claim 10: Reads on red.
For Claim 11: Reads on a host.
For Claim 12: Reads on any of the additional layers.
For Claim 13-14: Additional layers read on additional light emitting layer stacks.
For Claim 15: Reads on a display device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean M DeGuire whose telephone number is (571)270-1027. The examiner can normally be reached Monday to Friday, 7:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer A. 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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/Sean M DeGuire/Primary Examiner, Art Unit 1786
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