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 of Species
Applicant’s election without traverse of the following species in the reply filed on 24 July 2026 is acknowledged:
PNG
media_image1.png
281
352
media_image1.png
Greyscale
and
PNG
media_image2.png
202
377
media_image2.png
Greyscale
.
Claim Objections
Claims 2 and 6 are objected to because of the following informalities: some of the substituent subscript designations as well as single vs double bonds are not clearly distinguishable. Appropriate correction is required.
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 1-10 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.
Claim 1 is rejected as being vague and indefinite when it recites “provided that when R1 is each independently hydrogen or deuterium, at least one of Ar1 and Ar2 is a substituted or unsubstituted C2-60 heteroaryl containing one or more selected from the group consisting of N, O and S” (emphasis added); the scope of the protection sought is not clear, in part as there are seven of the substituents R1 and only one each of the substituents Ar1 and Ar2. Claim 1 fails to particularly point out and distinctly claim the compound of formula 1 contained in the claimed organic light emitting device.
Claim 1 is rejected as being vague and indefinite when it recites “wherein the compound represented by Chemical Formula 1 optionally contains one or more deuteriums” (emphasis added); the scope of the protection sought is not clear, in part as claim 1 already recites that each of the seven R1‘s and each of the six R2‘s may be deuterium. Claim 1 fails to particularly point out and distinctly claim the compound of formula 1 contained in the claimed organic light emitting device.
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (Korean Patent No. KR-10-2020-0043269; for convenience, reference is made to the English language equivalent U.S. Patent Application Publication No. 2022/0123233).
Lee et al. teaches an organic light emitting device comprising an anode, a cathode, and an emitting layer, characterized in that said emitting layer comprises a combination of a compound inclusive of the compound of the elected species 1-1, as generally represented therein by
PNG
media_image3.png
230
343
media_image3.png
Greyscale
([0062], p. 9) with a compound inclusive of the compound of the elected species 2-1, as generally represented therein by
PNG
media_image4.png
212
343
media_image4.png
Greyscale
([0042], p. 7). In fact, in addition to the claims therein, multiple examples therein expressly illustrate the organic light emitting device characterized by comprising an emitting layer containing their combination thereof. As shown in Table 2 ([0146], p. 79)
PNG
media_image5.png
196
417
media_image5.png
Greyscale
, the compound inclusive of the compound of the elected species 1-1 utilized in each of Device Examples 3 and 5, is represented therein by
PNG
media_image6.png
328
359
media_image6.png
Greyscale
, and the compound inclusive of the compound of the elected species 1-1 utilized in Device Example 5 is represented by
PNG
media_image7.png
322
312
media_image7.png
Greyscale
, and the compound inclusive of the compound of the elected species 2-1 utilized in each of Device Examples 3 and 4, is represented therein by
PNG
media_image8.png
343
423
media_image8.png
Greyscale
, and the compound inclusive of the compound of the elected species 2-1 utilized in Device Example 5 is represented by
PNG
media_image9.png
352
429
media_image9.png
Greyscale
.
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. 2024/0147853, which is the pre-grant publication corresponding to the present application.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737