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 .
Drawings
The drawings are objected to because the numbering of views is incorrect. According to 37 C.F.R. 1.84(u) “View numbers must be preceded by the abbreviation “FIG.”". Currently, the view numbers are preceded by the word "FIGURE". Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 16 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 16 includes compounds that are not within the scope of claim 1, for example this compound
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. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-15 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang et al (US 2023/0011568) (Hwang).
In reference to claims 1-4, 6, and 8-13, Hwang teaches compound 1355 as shown below that reads on the instant claims (Hwang p. 296).
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For Claim 1: Reads on wherein n is 1, m is 2, X1 to X19 are each C, A is a cycloalkyl group, Y is O, RA is hydrogen, Rb is hydrogen, RC is hydrogen or aryl, RD is a combination of alkyl and silyl groups or hydrogen, RE is a combination of pyridine and alkyl groups or hydrogen.
For Claim 2: Reads on the claimed formulae.
For Claim 3: Reads on X1 to X19 are each C.
For Claim 4: Reads on cycloalkyl.
For Claim 6: Reads on wherein RE is not hydrogen or deuterium.
For Claim 8: Reads on substituted pyridine.
For Claim 9: Reads on the first structure.
For Claim 10: Reads on the first structure.
For Claim 11: Reads on LA1(R1)(R18)(R1)(R34).
For Claim 12: Reads on the first structure.
For Claim 13: Reads on Row 2 column 4.
In reference to claims 1-3 and 6-15, Hwang teaches compound 1356 as shown below that reads on the instant claims (Hwang p. 296).
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For Claim 1: Reads on wherein n is 1, m is 2, X1 to X19 are each C, A is an alkyl group, Y is O, RA is hydrogen, Rb is hydrogen, RC is hydrogen or aryl, RD is a combination of alkyl and silyl groups or hydrogen, RE is a nitrile group.
For Claim 2: Reads on the claimed formulae.
For Claim 3: Reads on X1 to X19 are each C.
For Claim 6: Reads on wherein RE is not hydrogen or deuterium.
For Claim 7: Reads on RE is a nitrile group.
For Claim 8: Reads on CN.
For Claim 9: Reads on the first structure.
For Claim 10: Reads on the first structure.
For Claim 11: Reads on LA1(R2)(R13)(R1)(R34).
For Claim 12: Reads on the first structure.
For Claim 13: Reads on Row 2 column 4.
For Claim 14: Reads on LB1(R1)(R24)(R1)(E3).
For Claim 15: Reads on LB43.
In reference to claims 17 to 19, Hwang teaches example device 7 comprising an anode and cathode and an emission layer comprising the compound 2508 as shown below as a dopant and a compound H-H1 as a host that meets the claim requirements.
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al (US 2023/0011568) (Hwang).
In reference to claim 20, Hwang teaches the device as described above for claim 16. Hwang further teaches that the device can be used in consumer products such as displays (Hwang [0363]).
While Hwang does not exemplify a consumer product, it would have been immediately obvious to the ordinarily skilled artisan to use the device of Hwang in the commercial application taught therein.
In reference to claim 5, Hwang teaches the compound 1355 as shown above. Hwang further teaches that substituents Z1 on the ring Cy1 can be selected as e.g. a biphenyl (Hwang [0096]). While Hwang does not specifically require para biphenyl, the example of an unsubstituted biphenyl in formula 10-116 is a para substituted biphenyl (Hwang p. 20).
Hwang discloses the compound that encompasses the presently claimed substituent, including Z1 on the ring Cy1 can be selected as e.g. a biphenyl. Each of the disclosed substituents from the substituent groups of Hwang are considered functionally equivalent and their selection would lead to obvious variants of the compound.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application, in the absence of unexpected results, to have selected these substituents among those disclosed for the compound to provide the compound described above, which is both disclosed by Hwang and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean M DeGuire whose telephone number is (571)270-1027. The examiner can normally be reached Monday to Friday, 7:00 AM - 5:00 PM.
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, Jennifer A. 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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/Sean M DeGuire/Primary Examiner, Art Unit 1786
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