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 .
Response to Amendment
This action is responsive to applicant’s filed 6/3/2026.
Claims 22-34, 36, 37, 39, 41-43, 45-48 are pending.
Claims 36 and 42 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-III, there being no allowable generic or linking claim.
The previous rejection of claim 27 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is withdrawn in view of applicant’s amendment.
The previous rejection of claims 22, 23, 30, and 34 under 35 U.S.C. 102(a)(1) as being anticipated by Dunlop et al. (Journal of the Chemical Society (1939) 1945-56) is withdrawn in view of applicant’s amendment.
The previous rejection of claims 22, 30, 34, 35, 37, 39 and 43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parham et al. (US2012/0202997) is maintained n in view of applicant’s amendment.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
Claim Rejections - 35 USC § 112
Claim 41 is 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 41 recites the limitation "claim 38" in line 1. There is insufficient antecedent basis for this limitation in the claim because claim 38 has been cancelled.
Claim Rejections - 35 USC § 103
Claims 22-34, 37, 39, 41, 43, and 46- 48 are rejected under 35 U.S.C. 103 as being unpatentable over Parham et al. (US2012/0202997).
Regarding claims 22, 27, 30, 46 and 47, Parham discloses a compound of formula (1) represented by formula (65) and (68), where R represents a group of the formula (4) (see para 0017 and 0039) that meets the claimed compound of Formular (I), in particular the claimed compound of Formula I-95 recited claim 30, when Ra, Rb, Rc and Rd each is H, X is C-Y-Ry, Y is CO and Ry is same as R1 of formula 4 or C(R1)3 (para 0012). Parham also discloses that two Y groups stand for single bonds (para 0039); R is selected on each occurrence identically or differently from the group consisting of radicals listed in para 0011. It would have been obvious to one of ordinary skill in the art before the filling date of the invention to select different radical with each R group, for the purpose of formulating a compound, which can be employed as matrix material for fluorescent or phosphorescent emitters, in particular for phosphorescent emitters, and/or in a hole-blocking layer and/or in an electron-transport layer and/or in an electron-blocking or exciton-blocking layer and/or in a hole-transport layer, depending on the precise substitution.
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Regarding claim 23, Parham discloses R is selected on each occurrence differently from the group consisting of radicals listed in para 0011, therefore a person of ordinary skill in the art would be motivated to select different radical with each R group, for the purpose of formulating a compound, which can be employed as matrix material for fluorescent or phosphorescent emitters, in particular for phosphorescent emitters, and/or in a hole-blocking layer and/or in an electron-transport layer and/or in an electron-blocking or exciton-blocking layer and/or in a hole-transport layer, depending on the precise substitution.
Regarding claim 24, Parham discloses R is selected on each occurrence identically or differently a straight-chain alkyl, alkoxy or thioalkyl group having 1 to 40 C atoms or a branched or cyclic alkyl, alkoxy or thioalkyl group having 3 to 40 C atoms or an alkenyl or alkynyl group having 2 to 40 C atoms, each of which may be substituted by one or more radicals R.sup.1, where one or more non-adjacent CH.sub.2 groups may be replaced by a radical listed in para 0011).
Regarding claim 25, Parham discloses R is selected on each occurrence identically or differently an aromatic or heteroaromatic ring system having 5 to 80, preferably 5 to 60, aromatic ring atoms, which may in each case be substituted by one or more radicals R1 listed in para 0011.
Regarding claims 26, 28 and 29, Parham discloses in R1 of formula (4) where two or more adjacent substituents R1 may form a monocyclic or polycyclic, aliphatic, aromatic or heteroaromatic ring system which may be substituted by one or more radicals R2 listed in para 0013 (para 0012).
Regarding claims 31-33, Parham discloses two or more adjacent substituents R may optionally form a monocyclic or polycyclic, aliphatic, aromatic or heteroaromatic ring system listed in para 0020-22, that meet the claimed formula (Cy-1) to (Cy-10)(para 0011).
Regarding claim 34, Parham discloses the compound is symmetric in relation to the Ra and Rc radicals.
Regarding claim 37, Parham discloses a formulation comprising at least one of the above compound and at least one further compound (para 0063-65).
Regarding claims 39 and 41, Parham discloses a composition comprising at least one of the above compound and at least one further compound selected from the group consisting of fluorescent emitters, phosphorescent emitters (para 0056, 0063).
Regarding claims 43 and 48, Parham discloses an electronic device comprising at least one of the above compound (para 0058-60).
Allowable Subject Matter
Claim 45 is 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.
The prior art does not teach the claimed formula (I) wherein X is N.
Response to Arguments
Applicant's arguments filed 6/3/2026 with respect to Parham reference have been fully considered but they are not persuasive.
Applicant argued that one of specific structures listed in paragraphs 39 and 43 of Parham that meet the claimed compounds. However, the law held that a prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Assoc., Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984) and a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert, denied, 493 U.S. 975 (1989). The law also held that "[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968). The claimed compounds include thousands of possible substituted groups. Since the core compounds (for example formulas 65 and 68) and the substituents are taught by the prior art, it would have been obvious to one of ordinary skill in the art before the filling date of the invention to select the substituents, for the purpose of formulating the compound, which can be employed as matrix material for fluorescent or phosphorescent emitters, in particular for phosphorescent emitters, and/or in a hole-blocking layer and/or in an electron-transport layer and/or in an electron-blocking or exciton-blocking layer and/or in a hole-transport layer, depending on suitable use in electronic devices, in particular organic electroluminescent devices.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HAIDUNG D NGUYEN/Primary Examiner, Art Unit 1761
8/6/2026
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