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 .
DETAILED ACTION
Claim Objections
Each of claims 1, 17, 20 are objected to. The limitation “R, R1, R2, and RE is independently hydrogen or a substituted selected from the group consisting of hydrogen, deuterium” as recited in each of claims 1, 17, and 20 should be amended to “R, R1, R2, and RE is independently hydrogen or a substituted selected from the group consisting of deuterium” to that hydrogen is not recited twice.
Claim 9 is objected to. The limitation “claim 6-“ should be amended to “claim 6”.
Claim 18 is objected to. The limitation “5l2” as recited twice in claim 18 should be amended to “5H”. It is understood that this is character encoding error.
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 1-5, 13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Icsel et al. (Bioorg. Med. Chem. Lett. 2013, 23, 2117-2122).
Claim 1-5: Complex 1 of Icsel et al., which has the structure
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anticipates Formula I of claim 1. As applied to Formula 1, complex 1 has M equal to Pt, T5 equal to O, T6 equal to N, ring E equal to pyridine, all RE equal to hydrogen atoms, U1 equal to CR1 with R1 equal to a hydrogen atom, and R equal to a hydrogen atom. Complex 1 also anticipates all of the limitations of claims 2-5.
Claim 13: Complex 1 above has the formula M(LA)p(LB)q(LC)r with q and r equal to zero, p equal to 2, and LA equal to a ligand of Formula I.
Claim 16: Complex 1 above has a Pt-O bond where O is not a ring atom, thereby anticipating claim 16.
Claims 1-5, 13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (SU-276959).
Claim 1-5: SU-276959 teaches the metal complex Cu(OCH2C5H4N)2 on page 2. This compound has the same structure shown above in the Icsel et al. rejection; the only difference being that instead of Pt as metal M, Cu is present as metal M. As applied to Formula 1, complex 1 has M equal to Cu, T5 equal to O, T6 equal to N, ring E equal to pyridine, all RE equal to hydrogen atoms, U1 equal to CR1 with R1 equal to a hydrogen atom, and R equal to a hydrogen atom. Complex 1 also anticipates all of the limitations of claims 2-5.
Claim 13: Complex 1 above has the formula M(LA)p(LB)q(LC)r with q and r equal to zero, p equal to 2, and LA equal to a ligand of Formula I.
Claim 16: Complex 1 above has a Cu-O bond where O is not a ring atom, thereby anticipating claim 16.
Claims 1-5 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu et al. (Inorg. Chim. Acta, 2021, 526, 120507).
Claims 1-5: Hu et al. teaches complexes 1 and 2 as shown in chart 1. Complex 2 has the structure
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and anticipates Formula I of claim 1 with M equal to Ir, T5 equal to O, T6 equal to N, ring E equal to pyridine, all RE equal to hydrogen atoms, U1 equal to CR1 with R1 equal to a methyl group, and R equal to a methyl group. Complex 2 also anticipates all of the limitations of claims 2-5.
Claim 16: Complex 1 above has a Cu-O bond where O is not a ring atom, thereby anticipating claim 16.
Claims 1-5, 13, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shopov et al. (J. Am. Chem. Soc. 2015, 137, 7243-7250).
Shopov et al. teaches compounds 1 and 2 as shown in Scheme 1. The IrIII complexes of these compounds, which are taught to be present, anticipate all of the limitations of claims 1-5, 13, and 14. Specifically, the IrIII complex of compound 1 as one example, has the formula Ir(LA)3 of claim 14 with LA equal to a ligand which anticipates Formula I of claim 1. As applied to Formula 1, the ligands taught by Shopov et al. has T5 equal to O, T6 equal to N, ring E equal to pyridine, all RE equal to hydrogen atoms, U1 equal to CR1 with R1 equal to a methyl group, and R equal to a methyl group. Complex 2 also anticipates all of the limitations of claims 2-5. Complex 1 also satisfies the limitations of claim 13 and 14 as it has the formula Ir(LA)3 and Ir being in the +3 oxidation state. Last, this complex comprises an Ir-O bond with the O not being a ring atom which anticipates claim 16.
Allowable Subject Matter
Claims 17-20 are allowed. The complexes taught above are not employed in the same manner as required by independent claims 17 and 20.
Claims 6-12 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art does not teach or fairly suggest hexadentate ligands of formula II as recited in claim 6, or those recited in claims 10-12 and 15. Claims 7-9 are allowable by virtue of their dependency on claim 6.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT S LOEWE whose telephone number is (571)270-3298. The examiner can normally be reached on Monday-Friday from 8 AM to 5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski, can be reached at telephone number 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Robert S Loewe/Primary Examiner, Art Unit 1766
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