DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
All outstanding objections and rejections, except for those maintained below, are withdrawn in light of applicant's amendment filed on 7/22/2026.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
The new grounds of rejection set forth below are necessitated by applicant's amendment filed on 7/22/2026. In particular, original Claims 1 and 44 as well as newly added claims 48-50 recite subject matter not previously presented. Thus, the following action is properly made final.
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 48-50 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 pre-AIA the applicant regards as the invention.
Claim 48 recites that Z22 is selected from the group consisting of benzene, naphthalene, anthracene, pyrene, pyridine, etc., which renders the scope of the claim indefinite for the following reasons. Claim 48 depends from claim 28, and claim 28 recites that in Formula (2):
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Z22 forms a condensed ring. However, rings such as benzene and pyridine are single ring systems and claim 28 requires that the final form or product of Z22 is a condensed ring, i.e. a ring system necessarily containing multiple fused rings. Similarly, it is noted that claims 49 and 50 recite benzene which is not a condensed ring.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 28-30 and 34-35 are rejected under 35 U.S.C. 103(a) as being unpatentable over Kwong et al (US 2003/0072964, cited on IDS filed on 10/18/2023).
Regarding claim 28, Kwong et al discloses the following metal complex ([0009] – Formula III):
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where n is an integer [1-3] ([0016]); m is formal charge of the metal atom M ([0015]); and M is a metal atom such as Ir ([0009], [0018], and [0156]). A1-A2 is as bidentate ligand such as ([0010] and [0018]):
,
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,
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.
In Formula (III), R1 to R10 are hydrogen, a substituent R11, and one or more of R1 and R2, R2 and R3, etc. can form a fused 6-membered group such as aryl, i.e. benzene ([0011]).
The group R11 is H or a C1-20 alkyl optionally substituted by one or more substituents X ([0012]). The group X is given by R12, where R12 is a C1-20 alkyl ([0014]). The term “alkyl” is disclosed as encompassing linear, branched and cyclic alkyl groups such as methyl and cyclohexyl ([0169]). Accordingly, the disclosure of the reference encompasses a cyclohexyl group substituted with a methyl group, i.e.
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where “-“ denotes the bond to the ligand.
Alternatively, the disclosure of the reference encompasses a cyclohexyl where two (2) substitutions X on one carbon, i.e.
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where X is methyl, and one (1) methyl group is found attached to the ligand.
From the discussion above, the reference discloses a metal complex represented by Formula (2) of the claims:
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where:
M21 is Ir;
A21, A22 and A23 are carbon;
Z21 comprises an aromatic nitrogen-containing heterocyclic ring;
Z22 is a naphthyl group;
L22-E21-L23 is a bidentate ligand;
k is an integer from [1-3];
l is an integer from [002];
k + l is three (3);
m and n are 0 or 1 where m + n is one (1).
S21 or S22 corresponds to recited Formula (I):
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where Z is cyclohexyl group and R1 is a methyl, i.e. an alkyl group and the recited integer ns is zero (0) or R1 is an alkyl group, R2 and R3 are H; and the integer ns is one (1).
While the reference fails to exemplify the presently claimed compound nor can the claimed compound be "clearly envisaged" from the reference as required to meet the standard of anticipation, nevertheless, in light of the overlap between the claimed compound and the compound disclosed by the reference, absent a showing of criticality for the presently claimed compound, it is urged that it would have been within the skill level of one of ordinary skill in the art, to use the compound which is both disclosed by the reference and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Regarding claim 29, Kwong et al teaches all the claim limitations as set forth above. As discussed above, ns in recited Formula (I) is one (1).
Regarding claim 30, Kwong et al teaches all the claim limitations as set forth above. As discussed above, ns in recited Formula (I) is one (1).
Regarding claim 31, Kwong et al teaches all the claim limitations as set forth above. As discussed above, R2 and R3 are H
Regarding claim 32, Kwong et al teaches all the claim limitations as set forth above. As discussed above, Z is a cyclohexyl group.
Regarding claim 33, Kwong et al teaches all the claim limitations as set forth above. From the discussion above, the reference discloses a compound given by recited Formula (3), i.e.
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where:
M31 is Ir;
R33 to R36 are H or a substituent given by S31 or S32, where S31 or S32 represents a group given by recited Formula (I);
Z32 is an aromatic hydrocarbon ring and from a condensed ring;
L32-E31-L33 corresponds to the bidentate ligand discussed above;
the integer k is [1-2]; and
the integer l is [2-1] such that k + l is three (3).
Regarding claim 34, Kwong et al teaches all the claim limitations as set forth above. From the discussion above, the reference discloses a compound given by recited Formula (4), i.e.
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where:
M41 is Ir;
R43 to R46 are H or a substituent given by S41 or S42, where S41 or S42 represents a group given by recited Formula (I);
B41 to B44 are C-R47, where R47 is a substituent and two R47 join to form a benzene ring,
L42, L43 and E41 form a bidentate ligand;
the integer k is [1-2]; and
the integer l is [2-1] such that k + l is three (3).
Regarding claim 35, Kwong et al teaches all the claim limitations as set forth above. From the discussion above, the reference discloses a compound given by recited Formula (5), i.e.
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where:
M51 is Ir;
R53 and R54 are hydrogen;
R55 and R56 join together to form a condensed ring;
R57 to R59 and R510 are H, a substituent given by S51 or S52, where S51 or S52 represents a group given by recited Formula (I), and R57 and R58, R58 and R59, or R59 and R510 join to form a ring;
L42, L43 and E41 form a bidentate ligand;
the integer k is [1-2]; and
the integer l is [2-1] such that k + l is three (3).
Regarding claim 36, Kwong et al teaches all the claim limitations as set forth above. As discussed above, the reference discloses the following bidentate ligand for A1-A2:
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where Z is O, S or NR ([0021]); and n is an integer [0-5] ([0023]). R is given by R11 ([0022]). The group R11 is H or a C1-20 alkyl optionally substituted by one or more substituents X ([0012]). The group X is given by R12, where R12 is a C1-20 alkyl ([0014]). The term “alkyl” is disclosed as encompassing linear, branched and cyclic alkyl groups such as methyl and cyclohexyl ([0169]). The disclosure of the reference encompasses a cyclohexyl group substituted with a methyl group, i.e.
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Alternatively, the cyclohexyl can have two (2) substitutions X on one carbon, i.e.
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where each X is methyl, and one (1) methyl group is found attached to the ligand. These substituents are attached to the ligand A1-A2.
From the discussion above, the reference discloses recited Formula (7):
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where M71 is Ir;
R73 to R76 is hydrogen;
A71 and A72 are carbon;
D71 is O or S;
D72 and D73 join to form a condensed ring;
L72-E71-L73 correspond to the bidentate ligand:
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k is [1-2];
l is [2-1]; and
k + l is three (3);
Regarding claim 42, Kwong et al teaches all the claim limitations as set forth above. As discussed above, the reference discloses substituent a8:
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Regarding claim 48, Kwong et al teaches all the claim limitations as set forth above. As discussed above, Z22 is a naphthalene ring.
Regarding claim 49, Kwong et al teaches all the claim limitations as set forth above. As discussed above, Z22 is a naphthalene ring.
Regarding claim 50, Kwong et al teaches all the claim limitations as set forth above. As discussed above, Z22 is a naphthalene ring.
Regarding claim 44, Kwong et al discloses an organic light emitting device comprising a pair of electrodes and an organic layer disposed between the electrodes (Abstract and [0186]-[0187]).
The light emitting layer comprises the following compound ([0085] and ([0009] – Formula III):
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where n is an integer [1-3] ([0016]); m is formal charge of the metal atom M ([0015]); and M is a metal atom such as Ir ([0009], [0018], and [0156]). A1-A2 is as bidentate ligand such as ([0010] and [0018]):
,
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In Formula (III), R1 to R10 are hydrogen, a substituent R11, and one or more of R1 and R2, R2 and R3, etc. can form a fused 6-membered group such as aryl, i.e. benzene ([0011]).
The group R11 is H or a C1-20 alkyl optionally substituted by one or more substituents X ([0012]). The group X is given by R12, where R12 is a C1-20 alkyl ([0014]). The term “alkyl” is disclosed as encompassing linear, branched and cyclic alkyl groups such as methyl and cyclohexyl ([0169]). Accordingly, the disclosure of the reference encompasses a cyclohexyl group substituted with a methyl group, i.e.
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where “-“ denotes the bond to the ligand.
Alternatively, the disclosure of the reference encompasses a cyclohexyl where two (2) substitutions X on one carbon, i.e.
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where X is methyl, and one (1) methyl group is found attached to the ligand.
From the discussion above, the reference discloses a metal complex represented by Formula (2) of the claims:
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where:
M21 is Ir;
A21, A22 and A23 are carbon;
Z21 comprises an aromatic nitrogen-containing heterocyclic ring;
Z22 is a naphthyl group;
L22-E21-L23 is a bidentate ligand;
k is an integer from [1-3];
l is an integer from [002];
k + l is three (3);
m and n are 0 or 1, where m + n is one (1).
S21 or S22 corresponds to recited Formula (I):
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where Z is cyclohexyl group and R1 is a methyl, i.e. an alkyl group and the recited integer ns is zero (0) or R1 is an alkyl group, R2 and R3 are H; and the integer ns is one (1).
While the reference fails to exemplify the presently claimed compound nor can the claimed compound be "clearly envisaged" from the reference as required to meet the standard of anticipation, nevertheless, in light of the overlap between the claimed compound and the compound disclosed by the reference, absent a showing of criticality for the presently claimed compound, it is urged that it would have been within the skill level of one of ordinary skill in the art, to use the compound which is both disclosed by the reference and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Regarding claim 43, Kwong et al teaches all the claim limitations as set forth above. As discussed above, the light emitting layer comprises the disclosed compound.
Regarding claim 45, Kwong et al teaches all the claim limitations as set forth above. Given that the reference discloses a light emitting device, the reference discloses a light emission apparatus as recited in the present claims.
Regarding claim 46, Kwong et al teaches all the claim limitations as set forth above. Additionally, the reference discloses a display apparatus comprising the organic light emitting device ([0136]).
Regarding claim 47, Kwong et al teaches all the claim limitations as set forth above. Given that the reference discloses a light emitting device, the reference discloses an illumination apparatus as recited in the present claims.
Allowable Subject Matter
Claims 37 and 38 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.
If rewritten as indicated above, claims 37 and 38 would be allowable over the “closest” prior art Knowles et al (US 2007/0190359, cited on IDS filed on 10/18/2023), Yasukawa et al (WO 2007/029533, cited on IDS filed 10/18/2023, see English language translation cited on IDS filed 10/18/2023), Ise et al (US 2006/0073359, cited on IDS filed on 10/18/2023), and Kwong et al (US 2003/0072964, cited on IDS filed on 10/18/2023) for the following reasons.
Knowles discloses the following compound (Page 13 – es 36):
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However, the reference does not disclose or suggest a compound represented by Formula (9) as recited n claim 37 of the present claims:
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That is, the reference discloses a compound where in Formula (9) of the claims, substituent R95 links with the phenyl ring in the ligand. However, the claim does not allow for such a linkage to occur. Accordingly, the reference does not disclose or suggest the compound of the present claims.
Furthermore, regarding claim 38, while the reference discloses ligands such as:
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it is noted that Formula (12) of the claims:
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similar to the discussion above, does not allow for the linking of substituent R125 to any other ring. Accordingly, the reference does not disclose or suggest the compound as required by claim 38.
Yasukawa et al discloses the following phosphorescent compound:
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However, the reference does not disclose a compound represented by Formula (9):
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as recited n claim 37 of the present claims. Furthermore, the reference does not disclose or suggest a compound represented by Formula (12):
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where B121 to B124 are N or C-R126 and two (2) adjacent groups R126 join to form a condensed ring as required by claim 28.
Ise et al discloses the following compound ([0006] – Formula (V)):
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However, the reference does not disclose or suggest compounds represented by Formulas (9) and (12):
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and
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as required by claims 37 and 38, respectively.
Kwong et al discloses ligands such as
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and
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However, the reference does not disclose or suggest compounds represented by Formulas (9) and (12):
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and
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as required by claims 37 and 38, respectively, i.e. the reference does not disclose or suggest that the R substituent can form a fused ring as required by Formula (9) in claim 37 or the pyrazole containing-ligand as required by claim 38.
Response to Arguments
Applicant's arguments filed 7/22/2026 have been fully considered but they are not persuasive.
In light of the properly filed terminal disclaimed, filed on 7/22/206, the obviousness-type double patenting rejections set forth in the previous Office Action are withdrawn Furthermore, in light of the amendments to the claims, the 35 U.S.C. 103 rejections of the claims over Knowles et al, Yasukawa et al, and Ise et al are withdrawn.
Applicants argue that Kwong et al does not disclose a ligand where Z22 forms a condensed ring. However, as discussed in the rejections above, the reference discloses the following formula:
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where one or more of R1 and R2, R2 and R3, etc. can form a fused 6-membered group such as aryl, i.e. benzene. Accordingly, the reference discloses that Z22 forms the condensed ring naphthalene.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER C. KOLLIAS whose telephone number is (571)-270-3869. The examiner can normally be reached on Monday-Friday, 8:00AM – 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached on (571)-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER C KOLLIAS/Primary Examiner, Art Unit 1786
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