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 .
According to paper filed on Nov. 20, 2025, the applicants have filed RCE. The applicants have also canceled claims 34-35, amended claims 16, 21, 23, 24 and 31 and furthermore, have added a new claim 36.
Claims 16-24, 26-33 and 36 are pending in the application. Claims 20 and 26 remain withdrawn as being directed to non-elected subject matter.
Response to Arguments
Applicant's arguments filed on Nov. 20, 2025 have been fully considered but they are not persuasive regarding written description rejection and Improper Markush Group rejection. The applicants have amended claims to overcome indefiniteness rejection. Regarding written description rejection, the applicants argue on page 84 that the values of variables L1 and L3-L6 are amended to overcome this rejection and further point out exemplary compounds in paragraph 00127 of the specification. The examiner does not agree with these arguments. In the exemplary compounds in paragraph 00127, there is not even a single metal complex where variables L1 and L3-L6 represent either 5-membered hereroaryl ring or 6-membered heteroaryl ring containing only one O or S atom as heteroatom, 5- or 6-membered heteroaryl rings containing 2-3 O or S atoms as heteroatoms, 6-memberd heteroaryl ring containing N and O or S atoms, 5-membered heteroaryl rings containing 1 N, 1 O and 1 S as heteroatoms and 5-membered heteroaryl rings containing one N and 2 O or 2S atoms as heteroatoms. In regard to Improper Markush group rejection, the applicants argue on pages 85-86 that the values of variables L1-L6 are amended to overcome this rejection. The examiner does not agree with these arguments. As stated clearly in the previous office action, specific values of variables L1-L6, V1-V6, metal, X, Y and Z are critical for the common core of these metal complexes. As stated earlier, prior art reference was found against specific species. Therefore, search will not be extended to any additional species. Claims must be amended to read upon the elected species.
Conclusion
The written description rejection of claims 16-19, 21-24, 27-33 and 36 under 35 U.S.C. 112, 1st paragraph is maintained.
The Improper Markush Group rejection of claims 16-19, 21-24, 27-33 and 36 is maintained.
NEW GROUNDS OF REJECTION
Claim Rejections - 35 USC § 112
7. 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 16-19, 21-24, 27-33 and 36 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.
In independent claim 16 and 21, the values of variables L1-L6 are defined as aryl or 5- to 6-membered substituted or unsubstituted heteroaryl rings. However, the claims also mention that atleast one of F1-F6 must be present. Therefore, it is not clear how one of F1-F6 can be present when all variables L1-L6 are unsubstituted.
Claim 23 recites the limitation "bicyclic aryl and 9-10 membered heteroaryl rings for the values of variables L1-L6" in claim 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "bicyclic aryl and 9-10 membered heteroaryl rings for the values of variables L1-L6" in claim 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites the limitation "P-containing heteroaryl ring for the values of variables L1 and L3-L6 (see pages 18, 19, 43, 44 and 68)" in claim 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites the limitation "bicyclic 9-10 membered heteroaryl rings for the values of variables L1 and L3-L6 (see pages 31, 33-35, 38-40, 50, 53, 56, 58-60, 64-65, 73-74, 76 and 78-79)" in claim 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites the limitation "other values besides aryl or heteroaryl rings for the values of variables L3-L6 (see pages 37, 38 and 66)" in claim 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 36 recites the limitation "bicyclic 9-10 membered heteroaryl ring for the values of variables L1 and L3-L6" in claim 16. There is insufficient antecedent basis for this limitation in the claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A Brooks can be reached at 571-270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621