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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 13 recites the emission layer further comprises a third compound, a fourth compound, or any combination thereof, the third compound comprises a transition metal, and a difference between a triplet energy level and a singlet energy level of the fourth compound is equal to or less than 0.4 eV.
MPEP 2163.02 requires that the inventor had possession, as of the filing date of the application, of the specific subject matter claimed. The scope of claim 13 with respect to the fourth compound is without limit as no structural scope is given nor is that any support as to the selection criteria required to select compound(s) meeting the electronic requirement between the third compound and the fourth compound.
The specification mentions that the fourth compound:
Acts as a dopant (paragraph 8)
A fluorescent dopant (paragraph 142)
Compounds (paragraph 149)
The written description in the specification provide support of a scope that is without question much smaller than the limitless generic description in claim 13, “a fourth compound”. Claim 13 encompasses subject matter which was not described in the specification in such a way as to reasonable convey to one skilled in the relevant art that the inventor or joint inventor at the time the application was filed, had possession of the invention of claim 13. By having a claim written as such, coverage is being sought for a scope consisting of a generic compounds that extend beyond the material requirements supported in the specification.
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.
Claim(s) 1-12 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2021/0265575 A1).
Regarding Claims 1-12, Lee teaches an organic light-emitting device including a first electrode, a second electrode, and an organic layer between the first and the second electrode, wherein the organic layer includes an emission layer, and the emission layer includes a first compound as a hole transport compound, a second compound as an electron transport compound, and a third compound represented by Formula 1 (abstract).
The first compound as a hole transport compound can be represented by HT-12 (page 9):
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378
416
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HT-12 reads on applicants’ Formula 1 and 1(1)-2 wherein Y11 = O; R11-R14 = H; CY11-CY14 = phenyl; T13 = Formula 1A = 1(2)-3, 1A-4, 1-5 wherein CY15-CY16 = phenyl; R15-R16 = H; a13 = 1 and a14 =0, sum = 1.
The second compound as an electron transport compound can be represented by ET06 (page 11):
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246
406
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ET06 reads on applicants’ Formula 2 wherein X21-X23 = N; L21 and L22 = direct bond; R23-R24 = H; R21 = phenyl; R22 = substituted phenyl (per claims 1-10).
R21 = phenyl and R23 = phenyl substituted with Formula 2B: m23 = 0; Z22-Z25 = H (per claim 11).
HT-12 is identical to
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128
156
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(per claim 12).
Regarding Claim 20, Lee teaches the organic light-emitting device may be included in any suitable apparatus (paragraph 299).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY D CLARK whose telephone number is (571)270-7087. The examiner can normally be reached on 8AM-4PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Chriss can be reached on 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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/GREGORY D CLARK/Primary Examiner, Art Unit 1786
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