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 of the following species in the reply filed on 4 June 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)):
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(p. 956 of USPGPub)
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387
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(p. 958 of USPGPub).
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 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 is rejected as being vague and indefinite when it recites “T1 to T4 are each independently C, N, a carbon atom bonded to ring CY1, or a carbon atom bonded to M in Formula 1, wherein one of T1 to T4 is a carbon atom bonded to M in Formula 1, and one of the remaining T1 to T4 that is not bonded to M is a carbon atom bonded to ring CY1” (emphasis added); the scope of the protection sought is not clear. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation that “T1 to T4 are each independently C“, and the claim also recites that T1 to T4 are each independently “a carbon atom bonded to ring CY1“ which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Claim 1 fails to particularly point out and distinctly claim the substituents T1 to T4 in formulae 2A, 2B, and 5.
Claim 1 is rejected as being vague and indefinite when it recites “R10a is the same as described in connection with R14” (emphasis added); the scope of the protection sought by “in connection with” is not clear. Claim 1 fails to particularly point out and distinctly claim the substituent R10a, and subsequently, the substituents L51 and L61 which may contain R10a. The Examiner notes that if R10a simply has the same definition as that for R14, then this is easily rectified by including “R10a” among the list of substituents in the recitation “Z0, Z1, Z2, Z29, Z30, R11 to R14, R51, R61, and R71 to R73 are each independently”. Claim 11 is similarly rejected as being vague and indefinite when it recites “R62 to R64 are each the same as R10a“ (emphasis added); the scope of the protection sought is not clear.
Claim 6 is rejected as being vague and indefinite when it recites “wherein the first compound comprises at least one deuterium atom, at least one fluoro group (—F), at least one cyano group (—CN)”(emphasis added); the scope of the protection sought is not clear. Since multiple substituents therein the first compound may be any of a deuterium atom, a fluorine atom, or a cyano group, the antecedent basis is not clear. Claim 6 fails to particularly point out and distinctly claim the first compound containing in the claimed light-emitting device.
Claim Objections
Claims 7 and 8 are objected to because of the following informalities: some of the subscripts of the substituents in the recited formulae are not clearly discernible. Appropriate correction is required.
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)(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 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (U.S. Patent No. 12,448,403).
Lee et al. teaches a light-emitting device comprising a first electrode which is an anode, a second electrode which is a cathode, an organic layer comprising an emission layer disposed between the first electrode and the second electrode, wherein the organic layer further comprises a hole transport region between the first electrode and the emission layer, wherein said hole transport region may comprise a buffer layer (claim 14). Example 9 (column 434, line 21) illustrates the light-emitting device comprising an emission layer containing a compound inclusive of the compound of the present formula 1, as represented therein by
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(column 436, line 20+), having adjacent thereto a hole transport layer containing a compound inclusive of the compound of the present formula 5, as well as inclusive of the elected species of formula 2-2, as represented therein by
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401
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,
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Allowable Subject Matter
Claims rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as set forth in preceding paragraphs 5-7, as well as the objections set forth in preceding paragraph 8, AND limited to the following would be allowable: a light-emitting device (claims 1-19) comprising an emission layer containing a compound of formula 1 and a buffer layer containing a compound of formula 5, and the corresponding use thereof said light-emitting device in an electronic apparatus (claim 20), characterized in that said: the compound of formula 1 is the elected species of formula 1-1, and the compound of formula 5 is the elected species of formula 2-2.
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. 2023/0276692, which is the pre-grant publication corresponding to the present application, and the following, which are pertinent to the disclosure of a compound of formula 1: U.S. Patent Application Publication No. 2025/0043175, and U.S. Patent Application Publication No. 2025/0275462.
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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