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 .
Response to Amendment
Applicant’s amendment dated 01/27/2026, in which claims 1-2 were amended, claim 3 was canceled, has been entered.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to foreign application KR10-2021-0102550 filed on 08/04/2021. The foreign application is not in English. The certified copy of the foreign priority application KR10-2021-0102550 has been received.
Filing Dates for the Claims — All Claims Not Entitled to Priority Date
To be entitled to the filing date of the foreign priority application KR10-2021-0102550 that is not in English, an English translation of the non-English language foreign application KR10-2021-0102550 and a statement that the translation is accurate in accordance with 37 CFR 1.55 is required to perfect the claim for priority under 35 U.S.C. 119 (a)-(d). The foreign application must adequately support the claimed subject matter, meaning satisfy the written description and enablement requirements of 35 U.S.C. 112(a). See MPEP §§ 215 and 216. 37 C.F.R. 1.55(g)(3)(ii)-(iii). To demonstrate compliance with 35 U.S.C. 112(a), applicant should point to support for their claimed subject matter in their translations.
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.
Claim 8 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.
Regarding claim 8, claim 8 comprises compounds in which R1 is not deuterium, biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl as required by claim 1 on which claim 8 depends. For example, the following compounds have R1 is hydrogen.
PNG
media_image1.png
559
667
media_image1.png
Greyscale
Accordingly, it is unclear whether or not “R1 is biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl” is required or not.
For the purpose of this Action, the limitation “R1 is biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl” is omitted in claim 8.
Appropriate correction is required.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN113024529A) in view of Lee et al. (US Pub. 20180040829) and as evidenced by Iida et al. (US Pub. 20030130511).
Regarding claim 1, Wang et al. discloses in paragraph [0006]-[0010] a compound
represented by of the following Chemical Formula 1 or Chemical Formula 2:
PNG
media_image2.png
142
118
media_image2.png
Greyscale
PNG
media_image3.png
141
118
media_image3.png
Greyscale
wherein, in Chemical Formulas 1 and 2:
X1 and X2 are each independently O or S;
each R1 is independently phenyl, biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl [“R4 or R6 are each independently selected from substituted or non-substituted C6-C18 aryl”. Phenyl, biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl are known C6-C18 aryl as evidenced in paragraph [0046] of Iida et al.];
n is an integer of 0 to 6.
L is a direct bond, a substituted or unsubstituted C6-60 arylene, or a substituted or unsubstituted C2-60 heteroarylene containing any one or more heteroatoms selected from the group consisting of N, O, and S [R3 selected from at least one of hydrogen, a substituted or unsubstituted C1-C8 alkyl group, a substituted or unsubstituted C1-C8 alkoxy group, a substituted or unsubstituted C2-C6 alkene group, a substituted or unsubstituted C2-C6 alkynyl group, a substituted or unsubstituted C6-C18 aryl group, and a substituted or unsubstituted 4 to 12 membered aromatic heterocyclic group]; and
PNG
media_image4.png
278
423
media_image4.png
Greyscale
PNG
media_image5.png
280
423
media_image5.png
Greyscale
Wang et al. fails to disclose
Z is the following Chemical Formula 3 or Chemical Formula 4:
PNG
media_image6.png
275
205
media_image6.png
Greyscale
wherein, in Chemical Formulas 3 and 4:
each A is independently a substituted or unsubstituted C6-60 aromatic ring fused with an adjacent five-membered ring, or a substituted or unsubstituted C2-60 heteroaromatic ring containing any one or more heteroatoms selected from the group consisting of N, O, and S fused with an adjacent five-membered ring;
each R2 is independently hydrogen, deuterium, a substituted or unsubstituted C6-60 aryl, or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S;
Ar1 is a substituted or unsubstituted C6-60 aryl or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S.
However, Wang et al. suggests R3 can include a substituted or unsubstituted 4 to 12 membered aromatic heterocyclic group.
Lee et al. discloses in paragraph [0010]-[0023], [0074]-[0086], [0105] aromatic heterocyclic group in which
Z is the following Chemical Formula 3 or Chemical Formula 4:
PNG
media_image6.png
275
205
media_image6.png
Greyscale
wherein, in Chemical Formulas 3 and 4:
each A is independently a substituted or unsubstituted C6-60 aromatic ring fused with an adjacent five-membered ring, or a substituted or unsubstituted C2-60 heteroaromatic ring containing any one or more heteroatoms selected from the group consisting of N, O, and S fused with an adjacent five-membered ring;
each R2 is independently hydrogen, deuterium, a substituted or unsubstituted C6-60 aryl, or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S;
Ar1 is a substituted or unsubstituted C6-60 aryl or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S.
PNG
media_image7.png
196
250
media_image7.png
Greyscale
PNG
media_image8.png
202
265
media_image8.png
Greyscale
PNG
media_image9.png
175
251
media_image9.png
Greyscale
PNG
media_image10.png
188
265
media_image10.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Lee et al. into the method of Wang et al. to include Z is the following Chemical Formula 3 or Chemical Formula 4:
PNG
media_image6.png
275
205
media_image6.png
Greyscale
wherein, in Chemical Formulas 3 and 4: each A is independently a substituted or unsubstituted C6-60 aromatic ring fused with an adjacent five-membered ring, or a substituted or unsubstituted C2-60 heteroaromatic ring containing any one or more heteroatoms selected from the group consisting of N, O, and S fused with an adjacent five-membered ring; each R2 is independently hydrogen, deuterium, a substituted or unsubstituted C6-60 aryl, or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S; Ar1 is a substituted or unsubstituted C6-60 aryl or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S. The ordinary artisan would have been motivated to modify Wang et al. in the above manner for the purpose of providing suitable group bonded to a five-membered ring containing any one or more heteroatoms selected from the group consisting of N, O, and S to enhance light coupling efficiency and/or enhancing lifespan properties [paragraph [0009], [0020], [0023] of Lee et al.].
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yong et al. (KR20200100972A) in view of Lee et al. (US Pub. 20180040829) as evidenced by Iida et al. (US Pub. 20030130511).
Regarding claim 1, Yong et al. discloses in paragraph [0009], [0028], [0032]-[0062] a compound represented by of the following Chemical Formula 1 or Chemical Formula 2:
PNG
media_image2.png
142
118
media_image2.png
Greyscale
PNG
media_image3.png
141
118
media_image3.png
Greyscale
wherein, in Chemical Formulas 1 and 2:
X1 and X2 are each independently O or S;
each R1 is independently deuterium, phenyl, biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl [Yong discloses in paragraph [0028], R1 is selected from deuterium, a substituted or non-substituted aryl group having 6 to 30 carbon atoms”. Phenyl, biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl are known aryl group having 6 to 30 carbon atoms as evidenced in paragraph [0046] of Iida et al.];
n is an integer of 0 to 6;
L is a direct bond, a substituted or unsubstituted C6-60 arylene, or a substituted or unsubstituted C2-60 heteroarylene containing any one or more heteroatoms selected from the group consisting of N, O, and S.
PNG
media_image11.png
324
521
media_image11.png
Greyscale
PNG
media_image12.png
313
343
media_image12.png
Greyscale
PNG
media_image13.png
279
373
media_image13.png
Greyscale
Yong et al. fails to disclose
Z is the following Chemical Formula 3 or Chemical Formula 4:
PNG
media_image6.png
275
205
media_image6.png
Greyscale
wherein, in Chemical Formulas 3 and 4:
each A is independently a substituted or unsubstituted C6-60 aromatic ring fused with an adjacent five-membered ring, or a substituted or unsubstituted C2-60 heteroaromatic ring containing any one or more heteroatoms selected from the group consisting of N, O, and S fused with an adjacent five-membered ring;
each R2 is independently hydrogen, deuterium, a substituted or unsubstituted C6-60 aryl, or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S;
Ar1 is a substituted or unsubstituted C6-60 aryl or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S.
Lee et al. discloses in paragraph [0010]-[0023], [0074]-[0086], [0105]
Z is the following Chemical Formula 3 or Chemical Formula 4:
PNG
media_image6.png
275
205
media_image6.png
Greyscale
wherein, in Chemical Formulas 3 and 4:
each A is independently a substituted or unsubstituted C6-60 aromatic ring fused with an adjacent five-membered ring, or a substituted or unsubstituted C2-60 heteroaromatic ring containing any one or more heteroatoms selected from the group consisting of N, O, and S fused with an adjacent five-membered ring;
each R2 is independently hydrogen, deuterium, a substituted or unsubstituted C6-60 aryl, or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S;
Ar1 is a substituted or unsubstituted C6-60 aryl or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S.
PNG
media_image7.png
196
250
media_image7.png
Greyscale
PNG
media_image8.png
202
265
media_image8.png
Greyscale
PNG
media_image9.png
175
251
media_image9.png
Greyscale
PNG
media_image10.png
188
265
media_image10.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Lee et al. into the method of Yong et al. to include Z is the following Chemical Formula 3 or Chemical Formula 4:
PNG
media_image6.png
275
205
media_image6.png
Greyscale
wherein, in Chemical Formulas 3 and 4: each A is independently a substituted or unsubstituted C6-60 aromatic ring fused with an adjacent five-membered ring, or a substituted or unsubstituted C2-60 heteroaromatic ring containing any one or more heteroatoms selected from the group consisting of N, O, and S fused with an adjacent five-membered ring; each R2 is independently hydrogen, deuterium, a substituted or unsubstituted C6-60 aryl, or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S; Ar1 is a substituted or unsubstituted C6-60 aryl or a substituted or unsubstituted C2-60 heteroaryl containing any one or more heteroatoms selected from the group consisting of N, O, and S. The ordinary artisan would have been motivated to modify Yong et al. in the above manner for the purpose of providing suitable group bonded to a five-membered ring containing any one or more heteroatoms selected from the group consisting of N, O, and S to enhance light coupling efficiency and/or enhancing lifespan properties [paragraph [0009], [0020], [0023] of Lee et al.].
Regarding claim 2, Yong et al. discloses in Yong et al. discloses in paragraph [0009]-[0062]
PNG
media_image11.png
324
521
media_image11.png
Greyscale
Incorporating group Z disclosed by Lee et al. into the compound of Yong et al. would result to the claimed compound of claim 2 including
the Chemical Formula 1 is any one formula selected from the group consisting of the following Chemical Formulas 1-1 to 1-6, and
the Chemical Formula 1 is any one formula selected from the group consisting of the following Chemical Formulas 2-1 to 2-6,
wherein, in Chemical Formulas 1-1 to 1-6 and Chemical Formulas 2-1 to 2-6:
X1, X2, L, and Z are as defined in claim 1;
each R1 is independently deuterium, phenyl, biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl [Yong discloses in paragraph [0028], R1 is selected from deuterium, a substituted or non-substituted aryl group having 6 to 30 carbon atoms”. Phenyl, biphenylyl, naphthyl, phenyl-naphthyl, naphthyl-phenyl, phenanthrenyl, or phenyl-phenanthrenyl are known aryl group having 6 to 30 carbon atoms as evidenced in paragraph [0046] of Iida et al.]; and
each R' is independently hydrogen or deuterium [Yong et al. discloses in paragraph [0028] “R2-R4 may each independently be any one selected from hydrogen, deuterium”]
Regarding claim 4, Yong et al. discloses in paragraph [0020], [0042] and Lee et al. discloses in paragraph [0010]-[0023], [0074]-[0086], [0105]
L is a direct bond, or any one selected from the group of the following
PNG
media_image14.png
213
577
media_image14.png
Greyscale
PNG
media_image12.png
313
343
media_image12.png
Greyscale
PNG
media_image9.png
175
251
media_image9.png
Greyscale
Regarding claims 5-7, Lee et al. discloses in paragraph [0010]-[0023], [0074]-[0086], [0105]
wherein each A is independently benzene, naphthalene, carbazole, dibenzofuran, or dibenzothiophene [benzene, carbazole];
each R2 is independently hydrogen, deuterium, phenyl, naphthyl, 9-phenylcarbazolyl, carbazole-9-yl, or phenanthrene-9-yl [hydrogen],
Ar1 is phenyl, biphenylyl, naphthyl, phenyl-naphthyl, or naphthyl-phenyl [phenyl].
PNG
media_image9.png
175
251
media_image9.png
Greyscale
PNG
media_image8.png
202
265
media_image8.png
Greyscale
Regarding claim 8, the combination of Lee et al. and Yong et al. would result to the compound is one from the group consisting of the compounds listed in claim 8. For example, replacing Z group
PNG
media_image15.png
129
260
media_image15.png
Greyscale
in compound 67 of Yong et al. with Z group
PNG
media_image16.png
76
130
media_image16.png
Greyscale
in formula 1-28 of Lee et al. would result to the compound
PNG
media_image17.png
138
89
media_image17.png
Greyscale
Regarding claims 9-10, Yong et al. discloses in paragraphs [0001]-[0003], [0007], [0012], [0053], [0072]-[0073], [0080] and Lee et al. discloses in Fig. 1-2, paragraphs [0010]-[0023] an organic light emitting device, comprising:
a first electrode;
a second electrode that is opposite to the first electrode; and
one or more organic material layers that are between the first electrode and the second electrode, wherein one or more layers of the one or more organic material layers comprises the compound of claim 1;
wherein: the organic material layer comprising the compound is a light emitting layer.
Oath/Declaration
The affidavit under 37 CFR 1.132 filed 01/27/2026 is insufficient to overcome the rejection of claims 1-10 based upon Wang et al. (CN113024529A), Yong et al. (KR20200100972A) and Lee et al. (US Pub. 20180040829) as applied under 35 U.S.C. 103 as set forth in the last Office action and in this Office action because:
The rejection is based on the combination of Wang et al. and Lee et al. or Yong et al. and Lee et al. The affidavit only provides comparisons of the compounds not including Z disclosed by Wang et al./Yong et al. and the claimed compound but does not provide any comparison of the compounds including Z of Chemical Formula 3 or Chemical Formula 4 disclosed by Lee et al. and the claimed compound. The affidavit includes statements which amount to an affirmation that the claimed subject matter functions as it was intended to function. Therefore, the affidavit is not relevant to the issue of nonobviousness of the claimed subject matter and provides no objective evidence thereof. There is no showing that the objective evidence of nonobviousness is commensurate in scope with the claims. See MPEP § 716.
“Objective evidence which must be factually supported by an appropriate affidavit or declaration to be of probative value includes evidence of unexpected results, commercial success, solution of a long-felt need, inoperability of the prior art, invention before the date of the reference, and allegations that the author(s) of the prior art derived the disclosed subject matter from the inventor or at least one joint inventor. See, for example, In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984).”
Besides, similar to Applicant’s statement of “improved lifetime” and “high efficiency” in page 10 of the Affidavit, Lee et al. suggests in paragraph [0009], [0020], [0023] that the compounds including Z of Chemical Formula 3 or Chemical Formula 4 would enhance light coupling efficiency and/or enhancing lifespan properties. Thus, incorporating the teaching of Lee et al. into the compounds of Wang et al./Yong et al. would achieve the same result of “improved lifetime” and “high efficiency” as the claimed invention.
In view of the foregoing, when all of the evidence is considered, the totality of the rebuttal evidence of nonobviousness fails to outweigh the evidence of obviousness.
Response to Arguments
Applicant's arguments filed 01/27/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
As stated above, the affidavit under 37 CFR 1.132 filed 01/27/2026 is insufficient to overcome the rejection of claims 1-10 based upon Wang et al. (CN113024529A), Yong et al. (KR20200100972A) and Lee et al. (US Pub. 20180040829) as applied under 35 U.S.C. 103 as set forth above.
Lee et al. suggests in paragraph [0009], [0020], [0023] that the compounds including Z of Chemical Formula 3 or Chemical Formula 4 would enhance light coupling efficiency and/or enhancing lifespan properties. Thus, incorporating the teaching of Lee et al. into the compounds of Wang et al./Yong et al. would result to the claimed compounds of chemical formula 1 or chemical formula 2 and would achieve the same result as the claimed invention.
Overall, Applicant’s arguments are not persuasive. The claims stand rejected and the Action is made FINAL.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOPHIA T NGUYEN whose telephone number is (571)272-1686. The examiner can normally be reached 9:00am -5:00 pm, Monday-Friday.
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, BRITT D HANLEY can be reached at (571)270-3042. 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.
/SOPHIA T NGUYEN/Primary Examiner, Art Unit 2893