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 § 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)(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.
Claim(s) 1-18 and 20 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Kim et al (US 20250107442 A1).
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Kim discloses OLEDs comprising an organic layer with a BNN compound [abstract] including an example:
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323
326
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[p171],
Wherein:
Ar1 is X-2 and R4 is t-butyl (C4 branched alkyl),
Ar2 is A-1 having R5 as four D atoms and one heteroaromatic group containing 22 carbon atoms (C16 heteroaromatic group),
Ar3 is the first phenyl structure substituted with R5’s being t-butyl (C4 branched alkyl), phenyl (C6 aromatic group) and pyrenyl (C16 aromatic group),
R1 is t-butyl (C4 branched alkyl),
R2 includes being t-butyl (C4 branched alkyl) and phenyl (C6 aromatic group).
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(s) 1-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al (US 20200176679).
Jeong discloses a compound used in an OLED organic layer [abstract, claims], an example of which is Compound 274
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182
302
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[p46] which reads on Formula (3-1) of present claim 17 wherein R7 is a C1 linear alkyl group.
Allowable Subject Matter
Claim 19 is 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 following is a statement of reasons for the indication of allowable subject matter: Regarding claim 19, Jeong et al (US 20200176679), discussed above, discloses only a position isomer of the claimed compounds. Meanwhile the claimed compounds also all include multiple substitutions of various branched alkyl groups, aromatic groups, and diarylamine groups. It would require excessive hindsight on the part of the office to modify the teachings of Jeong to arrive at the claimed compounds.
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MICHAEL M. DOLLINGER
Primary Examiner
Art Unit 1766
/MICHAEL M DOLLINGER/ Primary Examiner, Art Unit 1766
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