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
Acknowledgment is made of applicant’s claim for foreign priority based on
applications filed in JP on March 31, 2021. It is noted, however, that the
foreign priority date is the effective filing date of the claimed invention if
a. The foreign application supports the claimed invention under 112(a), and
b. The applicant has perfected the right of priority by providing
i. A certified copy of the priority application, and
ii. A translation of the priority application (if not in English).
In the instant case, the applicant has submitted a certified copy of the priority application, but it is not in English, and the examiner cannot determine if it
supports the claimed invention. The effective filing date of the application is considered to be June 7, 2023, which is the actual filing date of instant application 18/256,362.
Election/Restrictions
Claims 19-37 and 48-58 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made with traverse in the reply filed on 30 July 2026. Applicant notes that the burden is on the Examiner to provide reasons and/or examples to support any conclusion in regard to patentable distinction. Applicant also notes that Examiner has not shown a burden in a search. The two criteria for a proper requirement for restriction between patentably distinct inventions is that the inventions must be independent or distinct as claimed and that there would be a serious search or examination burden (see MPEP 803 I.); however, these standards are not shared with international applications under the Patent Cooperation Treaty. Species 1 (of formula I) and Species II (of formula II) lacks unity of invention because the groups do not share the same or corresponding technical feature and therefore do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features. Therefore, the election requirement is proper and maintained.
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 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2017/0186969 A1, hereinafter Kim).
In the pertinent art of organic light-emitting devices, Kim teaches an organic light-emitting device including a first electrode, a second electrode, and an organic layer between the first electrode and the second electrode wherein the organic layer includes a second compound that includes compounds such as the specific compound E-198, shown below (abstract, pg 99).
Instant (1) and (1-5)
E-198 of Kim
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1020
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191
752
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1399
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Compound E-198 of Kim is a compound of instant Formula (1) wherein:
One of R1 and R2 is a methyl group and the other is an unsubstituted phenyl group;
R1 and R2 are not bonded to each other;
One of R3 and R4 is a methyl group and the other is an unsubstituted phenyl group;
R12 is a single bond bonded to *a;
R22 is a single bond bonded to *b;
L1 and L2 are single bonds;
Ar1 is represented by formula (1-5);
R31, R32, R34, and R35 are H;
X1 is CRaRb;
Ra is a methyl group;
Rb is unsubstituted phenyl group;
R33 is a single bond bonded to *c;
R101 is a single bond bonded to *i;
R102-R108 are H;
M is 1.
Therefore, the compound E-198 of Kim anticipates claim 1.
Regarding claims 2 and 3, the compound E-198 of Kim has R12 as a single bond bonded to *a.
Regarding claims 4 and 5, the compound E-198 of Kim has R22 as a single bond bonded to *b.
Regarding claim 6, the compound E-198 of Kim has L1 and L2 as single bonds.
Regarding claim 7, the compound E-198 of Kim has Ar1 that is a group represented by formula (1-5).
Regarding claims 8 and 9, the compound E-198 of Kim has R31-R32, R34-R35, and R102-R108 as hydrogen atoms.
Regarding claims 10-14 and 16-17, the compound E-198 of Kim is represented by formula (1-5) wherein n is 0.
Regarding claim 15, the compound E-198 of Kim has R102-R108 that are not single bond bonded to *i as all hydrogen atoms.
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.
Claims 18 and 38-47 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2017/0186969 A1, hereinafter Kim) as applied to claims 1-17 described above.
Regarding claim 18, Kim teaches the compound E-198 of Kim that reads on claims 1-17 described above; however, Kim fails to teach a compound of instant claim 1 that contains at least one deuterium atom. The compound E-198 features an unsubstituted phenyl group as the L21 group that connects the central triaryl amine core to the fluorene group; however, Kim does not necessarily limit L21 to being unsubstituted phenyl group. Kim teaches that L21, along with L11 to L13 and L91 to L93 may be selected from substituted C6 arylene group (¶ [0019]). Kim teaches the specific compound A-166 (pg 32) wherein L11 is a substituted phenylene group substituted with deuterium atoms.
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A-166 of Kim
Kim teaches that organic light-emitting devices containing triaryl amine compounds of Kim exhibited excellent efficiency and lifespan (¶ [0475]).
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to further include the deuterated phenylene group as L21 in the Compound E-198 of Kim in the light-emitting device of Kim, based on the teachings of Kim. The motivation for doing so would have been to obtain a device with excellent efficiency and lifespan, as taught by Kim (¶ [0475]).
The resulting Modified Compound E-198 of Kim is shown below and reads on claim 18 as it contains at least one deuterium atom wherein L1 is a substituted phenylene group with deuteriums and m is 0.
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700
612
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Regarding claim 38, Kim teaches the organic light-emitting device Example 1 containing the following structure: anode of ITO; a hole injection layer; hole transport layer; Compound E-221 as emission auxiliary layer, wherein the hole injection layer, hole transport layer and emission auxiliary layer form a hole transport region; Compound A-134 and PD27 forming an emission layer; electron transport layer; and cathode (¶ [0464] – [0467]). Kim teaches the above, however, Kim does not teach a specific organic light-emitting device containing the Compound E-198.
Kim teaches an anode, a cathode, and an organic layer and the compound E-221 is in the organic layer as discussed above. It would have been obvious to use the compound E-198 in the organic layer with the device structure of anode, hole transport region, emission layer, electron transport layer, and cathode as Kim demonstrates this device structure was known prior to the effective filing date of the claimed invention.
The resulting Modified Device 1 of Kim containing the compound E-198 reads on claims 38-39.
Regarding claims 40 and 42, the Modified Device 1 of Kim containing the compound E-198 in the emission auxiliary layer as part of the hole transport region and adjacent to the light emitting layer reads on the instant organic electroluminescent device containing a second hole transporting layer where the second hole transporting layer contains the compound.
Regarding claim 43, the Modified Device 1 of Kim contains (1) a hole injection layer Compound HT28 that reads on the first hole transporting layer, (2) a hole transport layer Compound NPB that reads on the second hole transporting layer, and (3) an emission auxiliary layer of Compound E-198 that reads on the third hole transporting layer wherein only one layer selected from the first to third hole transporting layers contain the compound.
Regarding claim 44, the Modified Device 1 of Kim the emission auxiliary layer containing the compound E-198 is in direct contact with the light emitting layer.
Regarding claim 45 and 46, the Modified Device 1 of Kim contains the compound A-134 that reads on the fluorescent dopant material and the Iridium organometallic compound PD27 that reads on the phosphorescent dopant material. Kim teaches that the fluorescent dopant in the emission layer may include an arylamine compound (¶ [0319]).
Regarding claim 47, the Modified Device 1 of Kim reads on the electronic device comprising the organic electroluminescent device according to instant claim 38. Kim teaches the organic light-emitting device of Kim may be included in a flat panel display device which is an electronic device (¶ [0434]).
Regarding claim 41, the Modified Device 1 is silent on the first hole transporting layer containing the compound. Kim does not necessarily limit the hole injection layer to compound HT28; Kim defines the hole injection layer may include a compound selected from the second compound represented by one selected from Formulae 2-1 to 2-3 (¶ [0201] - [0203]). Kim teaches an anode, a cathode, and a hole injection layer and the compound HT28 is in the hole injection layer as discussed above. It would have been obvious to use the compound E-128 in the hole injection layer because it is a compound of Kim’s Formulae 2-1 to 2-3 with the device structure of anode, hole injection layer in the hole transport region, emission layer, and cathode as Kim demonstrates this device structure was known prior to the effective filing date of the claimed invention.
The resulting Modified Device II of Kim reads on claim 41 where the instant organic electroluminescent device contains a first hole transporting layer containing the compound.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUCAS Q NGUYEN whose telephone number is (571)272-1199. The examiner can normally be reached Monday - Thursday 7:30 am - 5:00 pm Fridays 7:45 am to 12:00 pm.
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/L.Q.N./ Examiner, Art Unit 1786
/JENNIFER A BOYD/Supervisory Patent Examiner, Art Unit 1786
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