DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Restriction/Election Requirement
The Office acknowledges the Applicant’s election of Group I (directed to second compound of Formula HT-1) as set forth in the Requirement for Restriction/Election filed 04/23/26 in the Response filed 06/15/26.
The election reads on Claims 1-20.
Claims 1-20 are pending. No claims have been withdrawn from consideration.
Specification
The disclosure is objected to because of the following informalities: The Specification filed 03/30/23 recites compounds on the following pages: 59-65 and 73-76 which are all graphically unclear due to small size; the identifies of the individual atoms are barely legible. Furthermore, the Specification recites compounds on the following pages: 102-106 which are all graphically unclear due to their low resolutions.
The compounds all need to be replaced by compounds which are clearly legible and of sufficient size, with all bonds and atoms that are clearly drawn (i.e., solid lines).
Appropriate correction is required.
Claim Objections
Claims 11 and 20 are objected to because of the following informalities:
The claim recites compounds which are all graphically unclear due to their small sizes; the identifies of the individual atoms are barely legible. They all need to be replaced by compounds comprising bonds, atoms, and labels which are clearly legible and of sufficient size.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
8. 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.
9. Claims 4 and 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.
The claims recite structures according to Formulae 4-1 to 4-6 comprising variables n6 to n13 which are nowhere defined.
Correction is required.
Claim Rejections - 35 USC § 102
10. 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.
11. Claims 1-9 and 12-19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Zink et al. (WO 2021/213972 A1).
Zink et al. discloses an organic electroluminescent (EL) device (light emitting device) comprising the following layers: substrate (1), anode (2), hole-injecting layer (3), hole-transporting layer (4), electron-blocking layer (5), light-emitting layer (6), hole-blocking layer (7), electron-transporting layer (8), electron-injecting layer (9), and cathode (10) (page 17). The light-emitting layer comprises dopant material (light emitting molecule) in combination with host material(s); the former includes its inventive boron-based compounds, while the latter includes compounds such as CBP (page 20) (such that Y = direct linkage, m1-2 = 0, L1 = unsubstituted arylene group having 12 ring-forming carbon atoms (biphenylene), and Ar1 = unsubstituted heteroaryl group having 12 ring-forming carbon atoms (N-carbazolyl) of Applicant’s Formula HT-1). The light-emitting comprises a plurality of dopant materials, including a combination of blue (which includes its inventive boron-based compounds), red, and green-emitting compounds (pages 22-23). Such boron-based compounds including the following:
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(page 45) such that X1 = unsubstituted alkyl group having 4 carbon atoms (t-butyl), Y1 = unsubstituted aryl group having 6 ring-forming carbon atoms (phenyl), n1 = 0, n2 = 2, R2 = unsubstituted alkyl group having 4 carbon atoms (t-butyl) or unsubstituted aryl group having 6 ring-forming carbon atoms (phenyl), n3 = 1, R3 = unsubstituted aryl group having 6 ring-forming carbon atoms (phenyl), Ra = Re = Rc = Rf = Rj = Rh = hydrogen, and Rb = Rd = Ri = Rg = unsubstituted aryl group having 6 ring-forming carbon atoms (phenyl) of Applicant’s Formula 1; n6 = 0 of Applicant’s Formula 2; a2 = 0, Y2 = unsubstituted aryl group having 6 ring-forming carbon atoms (phenyl), and X2 = unsubstituted alkyl group having 4 carbon atoms (t-butyl) of Applicant’s Formula 3-3; n7 = 0, a1 = 1, and R2’ = unsubstituted alkyl group having 4 carbon atoms (t-butyl) of Applicant’s Formula 4-1; Rb’ = Rd’ = Rg’ = Ri’ = unsubstituted aryl group having 6 ring-forming carbon atoms (phenyl) of Applicant’s Formula 5-3; n31-34 = 0 of Applicant’s Formula 6-4; R3’ = Applicant’s Formula A-4 (with m3 = 0) of Applicant’s Formula 7; a2 = 0 and n6 = 0 of Applicant’s Formula 8-3.
Claim Rejections - 35 USC § 103
12. 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.
13. 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.
14. Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zink et al. (WO 2021/213972 A1) as applied above and in further view of Shin et al. (US 2021/0104682 A1).
Zink et al. discloses the organic electroluminescent (EL) device (light emitting device) of Claim 1 as shown above. The light-emitting comprises a plurality of dopant materials, including a combination of blue (which includes its inventive boron-based compounds), red, and green-emitting compounds (pages 22-23). However, Zink et al. does not explicitly disclose a fourth compound of Applicant’s Formula D-1.
Shin et al. discloses the following phosphorescent dopant material, which can emit in the red or green “having high luminescence efficiency” ([0026], [0181]-[0182], [0206]):
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(page 33) such that C2 = C4 = unsubstituted heterocycle ring having 3 ring-forming carbon atoms, d2 = d4 = 1, R52 = R54 = unsubstituted alkyl group having 1 carbon atom (methyl), d1 = d3 = 0, C1 = C3 = unsubstituted heterocyclic ring having 5 ring-forming carbon atoms (pyridine), b1 = b3 = 1, L11 = L13 = direct linkage, b2 = 0, and Q1-4 = N of Applicant’s Formula D-1. It would have been obvious to incorporate compound PD5 into the light-emitting layer of the organic EL device as disclosed by Zink et al. (as further dopant material). The motivation is provided by the disclosure of Shin et al. which is directed to a known and viable (phosphorescent) dopant material which can emit in the red or green with high luminescence efficiency.
Allowable Subject Matter
15. Claims 11 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and amended to overcome the minor informalities as set forth above.
The closest prior art is provided by Zink et al. (WO 2021/213972 A1), which discloses an organic electroluminescent (EL) device (light emitting device) comprising the following layers: substrate (1), anode (2), hole-injecting layer (3), hole-transporting layer (4), electron-blocking layer (5), light-emitting layer (6), hole-blocking layer (7), electron-transporting layer (8), electron-injecting layer (9), and cathode (10) (page 17). The light-emitting layer comprises dopant material (light emitting molecule) in combination with host material(s); the former includes its inventive boron-based compounds, while the latter includes compounds such as CBP (page 20). The light-emitting comprises a plurality of dopant materials, including a combination of blue (which includes its inventive boron-based compounds), red, and green-emitting compounds (pages 22-23). Such boron-based compounds include compounds of the following form:
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(page 2) where T, V, W, and X = independently alky or aryl. An embodiment is disclosed:
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(page 45). However, it is the position of the Office that neither Zink et al. singly nor in further combination with any other prior art discloses any of the compounds as recited in the claims, particularly in regards to the nature and position of the substituents attached to the core boron-containing heterocyclic group.
Conclusion
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L YANG whose telephone number is (571)270-1137. The examiner can normally be reached Mon-Fri, 6am-3pm.
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/JAY YANG/Primary Examiner, Art Unit 1786