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 .
Election/Restrictions
Applicant’s election without traverse of the following species of formula BD06 in the reply filed on 25 June 2026 is acknowledged:
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. Applicants assert that claims 1-20 read on the elected species.
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.
Claims 1, 10, and 19 are rejected as being vague and indefinite when they each recite “C1 – C60 heterocyclic group” (emphasis added) with respect to some of the substituents in the compounds of formulae 1/1-1/1-2; the scope of the protection sought is not clear, since “C1 – C60” includes one carbon atom, and a heterocyclic group requires a minimum of two carbon atoms. Claims 1, 10, and 19 each fail to particularly point out and distinctly claim some of the substituents in the compounds of formulae 1/1-1/1-2.
Claim 17 is rejected as being vague and indefinite when it recites “T11 and T12 are each independently the same as described in connection with T1 in Formula 1” (emphasis added); the scope of the protection sought by “in connection with” is not clear. Claim 17 fails to particularly point out and distinctly claim the substituents T11 and T12 in the group represented by formula CY1A contained in the claimed organometallic compounds of formula 1.
Claim 19 is rejected as being vague and indefinite when it recites each of “R11 to R14 are each independently the same as described in connection with R1 in Formula 1” (emphasis added), “R21 to R23 are each independently the same as described in connection with R2 in Formula 1” (emphasis added), “R31 and R32 are each independently the same as described in connection with R3 in Formula 1” (emphasis added), “R33 to R36 are each independently the same as described in connection with R6 in Formula 1” (emphasis added), and “R41 to R44 are each independently the same as described in connection with R4 in Formula 1” (emphasis added); the scope of the protection sought by “as described in connection with” is not clear. Claim 19 fails to particularly point out and distinctly claim each of the substituents R11 to R14 , R21 to R23, R31 and R32 , R33 to R36, and R41 to R44 in the claimed organometallic compounds of formula 1-1 and formula 1-2.
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 § 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, 6-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fitzgerald et al. (U.S. Patent Application Publication No. 2020/0295277).
Fitzgerald et al. discloses an organometallic tetradentate compound, the corresponding use thereof said organometallic tetradentate compound in an organic light-emitting device, and the corresponding use thereof said organic light-emitting device in a consumer product or electronic apparatus, characterized in that said organometallic tetradentate compound is inclusive of the organometallic tetradentate compound of the present formula I, as generally represented therein by
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([0079], p. 145, and claim 51).
Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: U.S. Patent Application Publication No. 2024/0032415, which is the pre-grant publication corresponding to the present application, and the following, which are pertinent to the fused ring carbazole tetradentate metal complex compounds of the present invention: U.S. Patent No. 12,448,406, Chinese Patent No. CN 119708064, and Chinese Patent No. CN 119143807.
Allowable Subject Matter
Claims rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, AND limited to the elected species of formula BD06, would be allowable.
Claims rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, AND limited to compound of formula 1 represented by any one of BD01 through BD05 and/or BD07 through BD21 (as disclosed in [0367], i.e., pages 49 through 53 of the pre-grant publication corresponding to the present application), would be allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Geraldina Visconti whose telephone number is (571)272-1334. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm.
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, Anthony J Zimmer can be reached at (571)270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737
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