CTNF 18/422,060 CTNF 100149 DETAILED ACTION This Office action responds to the application filed on 01/25/2024. 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. In the event the determination of the status of the application as subject to AIA is incorrect, any correction of the statutory basis ( i.e. , changing from AIA to pre-AIA) for a 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 07-20-aia AIA 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. 07-21-aia AIA Claim s 1, 2, 5, & 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshizumi (US 20120256204) in view of Fukagawa (US 20190081239) and further in view of Yamazaki (US 20210143352) . Regarding Claim 1, Yoshizumi (see, e.g., fig. 8c, para.0146) shows a light-emitting device comprising: a first electrode 103 (see, e.g., para.0145) ; a second electrode 107 (see, e.g., para.0145) ; a first unit 703 (see, e.g., para.0147) ; and a first layer 706-708 , wherein the first unit is positioned between the first electrode and the second electrode, 703 between 103 & 107 (see, e.g., fig. 8c) wherein the first unit comprises a first light-emitting material (see, e.g., para.0159-0160) , wherein the first layer is positioned between the second electrode and the first unit 706-708 between 107 & 703 (see, e.g., fig. 8c) , wherein the first layer comprises a second layer 706 (see, e.g., para.0170) and a third layer 708 (see, e.g., para.0170) , wherein the second layer is positioned between the third layer and the first unit, 706 between 708 & 703 (see, e.g., fig. 8c) Yoshizumi, however, fails to show wherein the second layer comprises a first organic compound and a second organic compound, wherein the first organic compound has an acid dissociation constant p K a larger than or equal to 8, wherein the second organic compound comprises no pyridine ring, no phenanthroline ring, or one phenanthroline ring, Fukagawa (see, e.g. , fig. 1, para.0019, para.0416), in a similar device to Yoshizumi, teaches wherein the second layer 5 comprises a first organic compound (guanidine having a p K a larger than 1, see, e.g., para.0019) and a second organic compound (phosphine oxide, see, para.0109) , wherein the first organic compound has an acid dissociation constant p K a larger than or equal to 8 (p K a larger than 1) , wherein the second organic compound comprises no pyridine ring, no phenanthroline ring, or one phenanthroline ring (phosphine oxide does not contain pyridine or phenanthroline) , Fukagawa (see, e.g., para.0019-0020, para.0416) states said materials for first and second organic compounds of the second layer would enhance the electron injection property. It would have been obvious at the time of filing the invention to one of ordinary skill in the art to use the first and second organic compounds of Fukagawa in the device of Yoshizumi to enhance the electron injection property. Yoshizumi (see, e.g., para.0152-0154, para.0170-0171), in view of Fukagawa, states the third layer 708 is a composite material layer. Yoshizumi, in view of Fukagawa, however, fails to show and wherein the third layer comprises a material having a spin density higher than or equal to 1 x 10 18 spins/cm 3 observed by electron spin resonance spectroscopy when the material is in a film state. Yamazaki (see, e.g. , para.0127), in a similar device to Yoshizumi, in view of Fukagawa, teaches a composite material having a spin density higher than or equal to 1 x 10 18 spins/cm 3 observed by electron spin resonance spectroscopy is a suitable and obvious material for the composite material layer of Yoshizumi, in view of Fukagawa. It would have been obvious at the time of filing the invention to one of ordinary skill in the art to use the composite material of Yamazaki in the device of Yoshizumi, in view of Fukagawa, as a suitable and obvious material for the composite material layer. Regarding the claimed range “wherein the first organic compound has an acid dissociation constant p K a larger than or equal to 8” Yoshizumi, in view of Fukagawa (para.0019) and further in view of Yamazaki, teaches a range of a first organic compound having a p K a larger than 1, overlapping the claimed range. See MPEP 2144.05 (I) regarding the overlapping ranges. The claimed range will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges are critical. Applicant has not established the criticality of the claimed range. “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the workable ranges by routine experimentation” In re Aller, 220 F.2d 454,456,105 USPQ 233, 235 (CCPA 1955). Criticality The specification contains no disclosure of either the critical nature of the claimed temperature and pressure ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990). Regarding the claimed range “and wherein the third layer comprises a material having a spin density higher than or equal to 1 x 10 18 spins/cm 3 ” Yoshizumi, in view of Fukagawa and further in view of Yamazaki (see, e.g., para.0127), teaches the same range. Additionally, the criticality rejection, see paragraphs 14-15 above, is applied to the claimed range of spin density. Regarding the limitation “wherein the third layer comprises a material having a spin density … observed by electron spin resonance spectroscopy when the material is in a film state” Yoshizumi, in view of Fukagawa and further in view of Yamazaki (see, e.g., para.0127), states ESR spectroscopy measures the spin density. The spin density would be an inherent property of the third layer’s material regardless of whether it is or is not measured by ESR. Therefore, prior art would only need to show a material with the proper spin density and would not require explicit mention of ESR spectroscopy to render the claim obvious. Regarding Claim 2, Yoshizumi, in view of Fukagawa (see, e.g., para.0019) and further in view of Yamazaki, shows the light-emitting device according to claim 1, wherein the first organic compound comprises a guanidine skeleton (see, e.g., para.0019) . Regarding Claim 5, Yoshizumi, in view of Fukagawa and further in view of Yamazaki (see, e.g., para.0120-0122, para.0127), shows the light-emitting device according to claim 1, wherein the third layer comprises a third organic compound and a fourth organic compound, wherein the third organic compound comprises at least one of a halogen group and a cyano group (cyano group and fluoride, see, e.g., para.0120-121, para.0127), and wherein the fourth organic compound comprises at least one of a π-electron rich heteroaromatic ring (carbazole, see, e.g., para.0122) and aromatic amine. Yamazaki (see, e.g., para.0120-0121, para.0127) states the third composite material of the third layer comprises a compound from a halogen or cyano group formed with fluoride. Yamazaki (see, e.g., para.0122) also states carbazole and aromatic amine can be used as an organic compound. Regarding Claim 6, Yoshizumi (see, e.g., fig. 8c, para.0170-0177), in view of Fukagawa and further in view of Yamazaki, shows the light-emitting device according to claim 1, wherein the first layer comprises a sixth layer 707 (see, e.g., para.0170) , wherein the sixth layer is positioned between the second layer and the third layer, 707 between 706 & 708 (see, e.g., fig. 8c, para.0175) wherein the sixth layer comprises a first material (see, e.g., para.0177) , and wherein the first material has a LUMO level in a range of -4.3 eV to -3.0 eV inclusive. Regarding the claimed range “wherein the first material has a LUMO level in a range of -4.3 eV to -3.0 eV inclusive” Yoshizumi (see, e.g., para.0177) states the first material of the sixth layer 707 has a LUMO level in a range of -5.0 eV to -3.0 eV overlapping the claimed range. See MPEP 2144.05 (I) regarding the overlapping ranges. Additionally, the criticality rejection, see paragraphs 14-15 above, is applied to the claimed range of LUMO level . 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshizumi (US 20120256204) in view of Fukagawa (US 20190081239) & Yamazaki (US 20210143352) and further in view of Fukagawa #2 (US 20220310937) . Regarding Claim 3, Yoshizumi, in view of Fukagawa & Yamazaki, shows the light-emitting device according to claim 1, Yoshizumi, in view of Fukagawa & Yamazaki, however, fails to show wherein the first organic compound comprises a 1,3,4,6,7,8-hexahydro-2H-pyrimido[1,2-a]pyrimidine group. Fukagawa #2 (see, e.g. , para.0175, para.0286), in a similar device to Yoshizumi, in view of Fukagawa & Yamazaki, teaches that hexahydropyrimidopyrimidine would be a suitable and obvious material for the first organic compound. It would have been obvious at the time of filing the invention to one of ordinary skill in the art to use the hexahydropyrimidopyrimidine of Fukagawa #2 in the device of Yoshizumi, in view of Fukagawa & Yamazaki, as a suitable and obvious material for the first organic compound . 07-21-aia AIA Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshizumi (US 20120256204) in view of Fukagawa (US 20190081239) & Yamazaki (US 20210143352) and further in view of Watabe (US 20240206225) . Regarding Claim 4, Yoshizumi, in view of Fukagawa & Yamazaki, shows the light-emitting device according to claim 1, Yoshizumi, in view of Fukagawa & Yamazaki, however, fails to show wherein the first layer comprises a material having a spin density lower than or equal to 1 x 10 17 spins/cm 3 observed by electron spin resonance spectroscopy when the material is in a film state. Watabe (see, e.g. , fig. 2a, para.0170), in a similar device to Yoshizumi, in view of Fukagawa & Yamazaki, teaches that the first layer 106a2 comprising an organic compound with a lower spin density, lower than or equal to 1 x 10 17 spins/cm 3 , would stabilize the organic compound from interacting with its surrounding atmosphere. It would have been obvious at the time of filing the invention to one of ordinary skill in the art to use the organic compound of Watabe in the device of Yoshizumi, in view of Fukagawa & Yamazaki, to stabilize the organic compound from interacting with its surrounding atmosphere. Additionally, the criticality rejection, see paragraphs 14-15 above, is applied to the claimed range of spin density . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 7-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Watabe (US 20240206225) . Regarding Claim 7, Watabe (see, e.g., figs. 2a-b, para.0137) shows a light-emitting device comprising: a first electrode 551a ; a second electrode 552a ; a first unit 103a2 ; and a first layer 106a1, 106a2, & 106a3 , wherein the first unit is positioned between the first electrode and the second electrode, wherein the first unit comprises a first light-emitting material EMA2 (see, e.g., para.0139) , wherein the first layer is positioned between the second electrode and the first unit wherein the first layer comprises a second layer 106a2 (see, e.g., para.0146) and a third layer 106a1 (see, e.g., para.0148) , wherein the second layer is positioned between the third layer and the first unit, wherein the second layer comprises a first organic compound OCA (see, e.g., para.0149) and a second organic compound ETMA (see, e.g., para.0149) , wherein the first organic compound has an acid dissociation constant p K a larger than or equal to 8 (see, e.g., para.0150) , wherein the second organic compound has an acid dissociation constant p K a less than 4 (example 2 of ETMA, see, e.g., para.0174) , wherein the second organic compound comprises no pyridine ring, no phenanthroline ring, or one phenanthroline ring (see, e.g., para.0175-0176) , and wherein the third layer comprises a material having a spin density higher than or equal to 1 x 10 18 spins/cm 3 observed by electron spin resonance spectroscopy when the material is in a film state (see, e.g., para.0148) . Regarding Claim 8, Watabe (see, e.g., para.0150-0151) shows the light-emitting device according to claim 7, wherein the first organic compound comprises a guanidine skeleton (OCA contains guanidine, see, e.g., para.0150-0151) . Regarding Claim 9, Watabe (see, e.g., para.0152) shows the light-emitting device according to claim 7, wherein the first organic compound comprises a 1,3,4,6,7,8-hexahydro-2H-pyrimido[1,2-a]pyrimidine group (see, e.g., para.0152) . Regarding Claim 10, Watabe (see, e.g., para.0170) shows the light-emitting device according to claim 7, wherein the first layer comprises a material having a spin density lower than or equal to 1 x 10 17 spins/cm 3 observed by electron spin resonance spectroscopy when the material is in a film state (OCA, see, e.g., para.0170) . Regarding Claim 11, Watabe (see, e.g., para.0148, para.0420) shows the light-emitting device according to claim 7, wherein the third layer 106a1 (see, e.g., para.0148) comprises a third organic compound (electron accepting substance, see, e.g. para.0420) and a fourth organic compound (hole-transport material, see, e.g., para.0298) , wherein the third organic compound comprises at least one of a halogen group and a cyano group (see, e.g., para.0421-0423) , and wherein the fourth organic compound comprises at least one of a π-electron rich heteroaromatic ring and aromatic amine (see, e.g., para.0298) . Regarding Claim 12, Watabe (see, e.g., para.0396-0399) shows the light-emitting device according to claim 7, wherein the first layer comprises a sixth layer 106a3 , wherein the sixth layer is positioned between the second layer and the third layer (see, e.g., fig. 2a) , wherein the sixth layer comprises a first material (see, e.g., para.0399) , and wherein the first material has a LUMO level in a range of -4.3 eV to -3.0 eV inclusive (see, e.g., para.0398) . Regarding Claim 13, Watabe (see, e.g., figs. 2a-b, para.0137) shows a light-emitting device 550a comprising: a first electrode 551a ; a second electrode 552a ; a first unit 103a2 , and a first layer 106a1, 106a2, & 106a3 , wherein the first unit is positioned between the first electrode and the second electrode, wherein the first unit comprises a first light-emitting material EMA2 (see, e.g., para.0139) , wherein the first layer is positioned between the second electrode and the first unit, wherein the first layer comprises a second layer 106a2 (see, e.g., para.0146) and a third layer 106a1 (see, e.g., para.0148) , wherein the second layer is positioned between the third layer and the first unit, wherein the second layer comprises a first organic compound OCA (see, e.g., para.0149) and a second organic compound ETMA (see, e.g., para.0149) , wherein the first organic compound has an acid dissociation constant p K a larger than or equal to 8 (see, e.g., para.0150) , wherein the second organic compound has a polarization term δ p of a solubility parameter δ of less than or equal to 4.0 MPa 05 (example 3 of ETMA, see, e.g., para.0181) , wherein the second organic compound comprises no pyridine ring, no phenanthroline ring, or one phenanthroline ring (materials of example 3, see, e.g., para.0182-0183) , and wherein the third layer 106a1 comprises a material having a spin density higher than or equal to 1 x 10 18 spins/cm 3 observed by electron spin resonance spectroscopy when the material is in a film state (see, e.g., para.0148) . Regarding the limitation “wherein the third layer comprises a material having a spin density … observed by electron spin resonance spectroscopy when the material is in a film state” Watabe (see, e.g., para.0148), states ESR spectroscopy measures the spin density, see paragraph 17 above. Regarding Claim 14, Watabe (see, e.g., para.0150-151) shows the light-emitting device according to claim 13, wherein the first organic compound comprises a guanidine skeleton (OCA contains guanidine, see, e.g., para.0150-0151) . Regarding Claim 15, Watabe (see, e.g., para.0152) shows the light-emitting device according to claim 13, wherein the first organic compound comprises a 1,3,4,6,7,8-hexahydro-2H-pyrimido[1,2-a]pyrimidine group (see, e.g., para.0152) . Regarding Claim 16, Watabe (see, e.g., para.0170) shows the light-emitting device according to claim 13, wherein the first layer comprises a material having a spin density lower than or equal to 1 x 10 17 spins/cm 3 observed by electron spin resonance spectroscopy when the material is in a film state (OCA, see, e.g., para.0170) . Regarding Claim 17, Watabe (see, e.g., para.0148, para.0420) shows the light-emitting device according to claim 13, wherein the third layer 106a1 (see, e.g., para.0148) comprises a third organic compound (electron accepting substance, see, e.g. para.0420) and a fourth organic compound (hole-transport material, see, e.g., para.0298) , wherein the third organic compound comprises at least one of a halogen group and a cyano group (see, e.g., para.0421-0423) , and wherein the fourth organic compound comprises at least one of a π-electron rich heteroaromatic ring and aromatic amine (see, e.g., para.0298) . Regarding Claim 18, Watabe (see, e.g., para.0396-0399) shows the light-emitting device according to claim 13, wherein the first layer comprises a sixth layer 106a3 , wherein the sixth layer is positioned between the second layer and the third layer (see, e.g., fig. 2a) , wherein the sixth layer comprises a first material (see, e.g., para.0399) , and wherein the first material has a LUMO level in a range of -4.3 eV to -3.0 eV inclusive (see, e.g., para.0398) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO JOSE RAMOS-DIAZ whose telephone number is (571) 270-5855. The examiner can normally be reached Mon-Fri 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wael Fahmy can be reached on 571-272-1705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /F.R.D./ Examiner, Art Unit 2814 Examiner, Art Unit 2814 /WAEL M FAHMY/Supervisory Patent Examiner, Art Unit 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 2 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 3 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 4 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 5 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 6 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 7 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 8 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 9 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 10 Art Unit: 2814 Application/Control Number: 18/422,060 (Non-Final Rejection) Page 11 Art Unit: 2814