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 .
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 1-26 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 “at least one of a second compound represented by Formula HT, a third compound represented by Formula ET, or a fourth compound represented by Formula M-b” (emphasis added); the scope of the protection sought is not clear. Claim 1 fails to particularly point out and distinctly claim the contents of the claimed light emitting element, i.e., whether the claimed light emitting element requires a compound of Formula 1 with a compound of Formula HT, a compound of Formula ET, and a compound of Formula M-b, OR simply a compound of Formula 1 with any one of a compound of Formula HT, a compound of Formula ET, or a compound of Formula M-b.
Claims 1, 12, 17, and 25 are rejected as being vague and indefinite when they each recite “or are bonded to an adjacent group to form a ring” (emphasis added) with respect to the substituents R4 to R7 in the compound of formula 1; the scope of the protection sought by and the antecedent basis of “an adjacent group” is not clear. Claims 1, 12, 17, and 25 each fail to particularly point out and distinctly claim the substituents R4 to R7 in the compound of formula 1.
Claim 1 is rejected as being vague and indefinite when it recites “or are bonded to an adjacent group to form a ring” (emphasis added) with respect to the substituents R8 and R9 in the compound of formula HT; the scope of the protection sought by and the antecedent basis of “an adjacent group” is not clear. Claim 1 fails to particularly point out and distinctly claim the substituents R8 and R9 in the compound of formula HT.
Claim 1 is rejected as being vague and indefinite when it recites “or are bonded to an adjacent group to form a ring” (emphasis added) with respect to the substituents R33 to R36 in the compound of formula ET; the scope of the protection sought by and the antecedent basis of “an adjacent group” is not clear. Claim 1 fails to particularly point out and distinctly claim the substituents R33 to R36 in the compound of formula ET.
Claim 1 is rejected as being vague and indefinite when it recites “or are bonded to an adjacent group to form a ring” (emphasis added) with respect to the substituents R31 to R39 in the compound of formula M-b; the scope of the protection sought by and the antecedent basis of “an adjacent group” is not clear. Claim 1 fails to particularly point out and distinctly claim the substituents R31 to R39 in the compound of formula M-b.
Claims 4 and 16 are rejected as being vague and indefinite when they each recite “or are bonded to an adjacent group to form a ring” (emphasis added) with respect to the substituents R4i to R7i in the compound of formula 3; the scope of the protection sought by and the antecedent basis of “an adjacent group” is not clear. Claims 4 and 16 each fail to particularly point out and distinctly claim the substituents R4i to R7i in the compound of formula 3.
Claims 5 and 20 are rejected as being vague and indefinite when they each recite “or are bonded to an adjacent group to form a ring” (emphasis added) with respect to the substituents Ra to Rc in the compound of formula 4-1; the scope of the protection sought by and the antecedent basis of “an adjacent group” is not clear. Claims 5 and 20 each fail to particularly point out and distinctly claim the substituents Ra to Rc in the compound of formula 4-1.
Claim 16 is rejected as being vague and indefinite when it recites “wherein the at least one functional layer comprises a polycyclic compound represented by Formula 3” (emphasis added) ; the scope of the protection sought is not clear. Claim 16 fails to particularly point out and distinctly claim that the polycyclic compound of formula 1 is represented by the polycyclic compound of formula 3.
Claim Objections
Claims 6, 11, 21, and 24 are objected to because of the following informalities: some of the subscript designations as well as single vs double bonds in the rings are not clearly distinguishable. Appropriate correction is required.
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 § 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.
Claims 1-26 are rejected under 35 U.S.C. 103 as being obvious over Kim et al. (U.S. Patent Application Publication No. 2023/0084208).
Kim et al. discloses a polycyclic organoborane compound, the corresponding use thereof of said a polycyclic organoborane compound in a light emitting element, and the corresponding use thereof said light emitting element in an electronic device, wherein said light emitting element comprises a first electrode have disposed thereon a second electrode, and an emission layer therebetween, characterized in that said emission layer comprises:
a polycyclic organoborane compound inclusive of the polycyclic organoborane compound of the present formula 1, as generally represented therein by
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300
422
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([0111]; p. 18), and as more specifically represented therein by any one of
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330
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,
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266
334
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,
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284
358
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,
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287
353
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,
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275
348
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,
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283
361
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,
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369
367
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,
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329
516
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444
464
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,
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329
516
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,
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379
456
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428
545
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439
561
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447
548
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437
556
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465
568
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433
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;
a compound inclusive of the compound of the present formula HT, as generally represented therein by
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409
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or
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([0220]; p. 86+);
a compound inclusive of the compound of the present formula ET, as generally represented therein by
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136
332
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([0397]; p. 1104), and
an organometallic Platinum-containing compound inclusive of the organometallic Platinum-containing compound of the present formula M-b, as generally represented therein by
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400
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or
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([0344]; p. 562+).
Although the Example summarized in Table 2 ([0495]; p. 1120) illustrates a light emitting element characterized by comprising a combination of a polycyclic organoborane compound of formula 1, compounds inclusive of the compound of the present formula HT, as represented therein by each of
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and
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217
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; and a compound inclusive of the compound of the present formula M-b, as represented therein by
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210
275
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, the polycyclic organoborane compound utilized therein does not encompass those of the present formula 1. Although Kim et al. does not expressly illustrate light emitting element characterized by comprising a combination of the compounds of the present formulae I, HT, ET, and M-b, they are well known in art, individually as well as in combination, as generally taught therein. It would have been obvious to one of ordinary skill in the requisite art at the time the invention was filed to utilize a combination of compounds inclusive of the present formulae I, HT, ET, and M-b, in the light emitting layers of Kim et al. as generally taught therein, with reasonable expectations of achieving, absent object evidence to the contrary, the advantages taught therein, as well as those associated with their combination thereof.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
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. 2024/0122071, which is the pre-grant publication corresponding to the present application, and - the following, which are pertinent to the phenazaborine derivative compounds of the present formula 1: U.S. Patent Application Publication No. 2023/0126371; U.S. Patent Application Publication No. 2024/0276880; and U.S. Patent Application Publication No. 2024/0138170.
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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737
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