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 .
This application is a 371 of PCT/CN2022/135104 filed November 29, 2022.
The preliminary amendment dated August 29, 2023 is entered. The substitute specification is acknowledged. Claims 16, 17, and 20 were amended. Claims 1-20 are pending.
Specification
The disclosure is objected to because of the following informalities: The specification contains chemical structures that are not printed clearly as they contain blurry or faint lines and/or atoms. See at least pages 6, 8, 9, and 27-32 of substitute specification copy.
Appropriate correction is required.
Claim Objections
Claims 16, 18, and 19 are objected to because of the following informalities:
Claims 16, 18, and 19 contain chemical structures that are not printed clearly as they contain blurry or faint lines and/or atoms.
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 1-20 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. [Note that dependent claims are included in the rejection based upon their respective dependence upon a rejected claim.]
Claim 1 Formula 2 contains a variable X1, but no X1 is defined. The intended Formula 2 structure is not understood. Clarification and/or correction are required.
Claim 12 sets for a device “further comprises a second electron block layer”. The limitation is not understood, because the claims upon which claim 12 depends do not recite a first electron block layer. It is unclear if a first electron block layer is intended within a device according to claim 12. Clarification and/or correction are required.
In claim 19 Formula 4, a variable Y is present and integers e and f are shown. It is not seen where any of Y, e, or f are defined. Accordingly, the intended Formula 4 material is indefinite. Clarification and/or correction are required.
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 1-3, 8, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Im et al. (US 2011/0215308 A1).
Im et al. discloses Example 1 organic light emitting device (see par. 180) comprising an ITO anode, a hole transporting layer comprising compound 14 and a layer comprising both compound 14 and compound 40 (and also a layer of compound 40 is taught), a light emitting layer, an electron transport layer, an electron injecting layer and a MgAg cathode (see par. 180). Compound 14 is the following, which is within the defined instant Formula 1 (see par. 180 or page 8):
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The Example device layer comprising compound 14 and 40 reads upon instant “first hole sublayer” and the layer comprising compound 14 reads upon instant “second hole sublayer” of instant claim 1.
Regarding claim 2, the device example layer comprising both compound 40 and compound 14 is present between the anode and another “HTL”, which meets the limitation (see par. 180).
Regarding claims 3 and 8, given the similarity of compound 14 and 40 to materials disclosed by applicant, the materials are considered to meet the relationship and/or property requirement(s). The Patent and Trademark Office can require applicants to prove that prior art products do not necessarily or inherently possess characteristics of claimed products where claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes; burden of proof is on applicants where rejection based on inherency under 35 U.S.C. § 102 or on prima facie obviousness under 35 U.S.C. § 103, jointly or alternatively, and Patent and Trademark Office's inability to manufacture products or to obtain and compare prior art products evidences fairness of this rejection, In re Best, Bolton, and Shaw, 195 USPQ 431 (CCPA 1977).
Regarding claim 20, the example 1 device is considered to display light (see par. 180).
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 16 is are rejected under 35 U.S.C. 103 as being unpatentable over Im et al. (US 2011/0215308).
Im et al. is relied upon as set forth above for the rejection of claim 1.
While Im et al. sets forth an example device comprising compound 14 in a hole transporting layer (see par. 180), it is not seen where an example device was set forth comprising compound 13, which is the same as instant compound “1-1” of instant claim 16 (see compound 13 on page 8):
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Compound 13 is listed as similarly useful to disclosed compound 14 (see page 8 and par. 85) as hole transporting material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected compound 13 in place of compound 14 when forming a device structure as taught in par. 180, because one would expect the compound 13 to be similarly useful in forming an operational light emitting device according to the teachings of the reference. One would expect to achieve a functional light emitting device comprising materials as taught by Im et al. with a predicable result and a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO 2019/206292 A1 discusses light emitting device structures comprising a hole transport zone and a material may include formula (17) (see page 2):
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. The reference differs by teaching two hole transporting layers where the layers are comprised of different amine compounds. The reference is considered relevant to the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dawn Garrett whose telephone number is (571)272-1523. The examiner can normally be reached Monday through Thursday (Eastern Time).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAWN L GARRETT/Primary Examiner, Art Unit 1786
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