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 .
Claim Status
The claims filed on 10/19/2023 is under consideration by the Examiner. Claims 1-20 are currently pending in the instant application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority based on an application filed in Republic of Korea on 01/30/2023.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 05/03/2024 is in compliance with the provisions of 37 CFR 1.97 and has been considered by the examiner. An initialed copy accompanies this Office Action.
Drawings
The drawings filed on 10/19/2023 have been considered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-10, 12, 13, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0288259 A1 (hereinafter Jeon) in view of US 2021/0053998 A1 (hereinafter Kim).
Initially, it should be noted that the Jeon reference is cited in the IDS filed on 10/19/2023.
Regarding claim 1, Jeon discloses an organic light-emitting including a first electrode, a second electrode, and an organic layer disposed between the first electrode and the second electrode, wherein the organic layer includes an emission layer comprises a polycyclic compound represented by Formula 1 and a host (See Abstract; [0007], [0008], and [0045]). Jeon exemplifies that the polycyclic compound having formulae (See page 14, Formula 1 and Formula 2):
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The polycyclic compounds of Jeon fulfills the claimed first compound represented by Formula 1 with Z1 having a claimed Formula 2. The Formula 1 of Jeon has X1 of N(Ar1), but failed to disclose the claimed Y1 is a substituted or unsubstituted aryl group of 6 to 30 ring-forming carbon atoms or a substituted or unsubstituted heteroaryl group of 2 to 30 ring-forming carbon atoms.
In the same field of endeavor, Kim discloses an organic electroluminescent element including an organic layer disposed between a first electrode and a second electrode (See [0012] and [0013]). Kim discloses that the organic layer including a light-emitting layer including a compound of Formula 1 and a compound of Formula 2 (See [0014]). Kim exemplify the compound of Formula 1 of (See page 21, Formula I-94):
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Kim discloses a polycyclic compound containing the claimed Y1 of a substituted or unsubstituted aryl group of 6 ring-forming carbon atoms as required in claim 1. Kim discloses that the organic electroluminescent element exhibit improve efficiency, color characteristics and lifetime (See [0010]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the polycyclic compound of Jeon to include the claimed Y1 of a substituted or unsubstituted aryl group of 6 ring-forming carbon atoms, in order to improve efficiency, color characteristics and lifetime as suggested by Kim. The burden is upon the applicant to prove otherwise. In re Fitzgerald, 205 USPQ 594.
Regarding claim 2, Jeon discloses that the emission layer also comprises compounds ET3, ET12, ET15, ET16, and ET17 having Formulae that fulfills the claimed third compound represented by Formula ET-1 where Q21 to Q23 are N, L1 to L3 are direct linkage, and Ar61 to Ar63 are aryl group of 6-30 ring-forming carbon atoms (See pages 100-102):
Regarding claim 3, Jeon and Kim disclose a polycyclic compound that fulfills the claimed Formula 1-A1 (See Claim 1 above).
Regarding claim 5, Kim exemplify a compound of Formula I-94 that fulfills the claimed Formula 1-B with Rb=hydrogen and b1=1(See page 21).
Regarding claim 6, Jeon discloses the Formula 1A that fulfills the claimed Formula 2 represented by Formula 2-A (See [0007] and [0124]; page 10, Formula 4-4).
Regarding claims 7 and 8, Jeon discloses a polycyclic compound including Formula 1 and Formula 1A (See [0045]). Formula 1 of Jeon fulfills the claimed Formula 1. Formula 1A of Jeon fulfills the claimed Formula 2. The polycyclic compound of Jeon as modified in view of Kim (See Claim 1 above), would yield compounds having formulae of the claimed Formula 1-C and claimed Formula 1-C1.
Regarding claim 9, Jeon discloses a polycyclic compound having a Formula 26 represented by (See page 17):
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The polycyclic compound of Jeon as modified in view of Kim (See Claim 1 above), would yield a compound having a formula as the claimed Formula 1-C13 with Ra5 being an aryl group of 6 carbon atom ring.
Regarding claim 10, Jeon discloses a polycyclic compound having a Formula 25 comprises deuterium atoms at the claimed Z1 group (See page 17):
Regarding claim 12, Jeon exemplifies a polycyclic compound having formulae (See page 14, Formula 1 and Formula 2):
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The polycyclic compounds of Jeon fulfills the claimed first compound represented by Formula 1 with Z1 having a claimed Formula 2.
The Formula 1 of Jeon has X1 of N(Ar1), but failed to disclose the claimed Y1 is a substituted or unsubstituted aryl group of 6 to 30 ring-forming carbon atoms or a substituted or unsubstituted heteroaryl group of 2 to 30 ring-forming carbon atoms.
In the same field of endeavor, Kim discloses that the organic layer including a light-emitting layer including a compound of Formula 1 and a compound of Formula 2 (See [0014]). Kim exemplify the compound of Formula 1 of (See page 21, Formula I-94):
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Kim discloses a polycyclic compound containing the claimed Y1 of a substituted or unsubstituted aryl group of 6 ring-forming carbon atoms as required in claim 12. Kim discloses that the organic electroluminescent element exhibit improve efficiency, color characteristics and lifetime (See [0010]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the polycyclic compound of Jeon to include the claimed Y1 of a substituted or unsubstituted aryl group of 6 ring-forming carbon atoms, in order to improve efficiency, color characteristics and lifetime as suggested by Kim. The burden is upon the applicant to prove otherwise. In re Fitzgerald, 205 USPQ 594.
Regarding claim 13, Jeon and Kim disclose a polycyclic compound that fulfills the claimed Formula 1-A1 (See Claim 1 above).
Regarding claim 15, Kim exemplify a compound of Formula I-94 that fulfills the claimed Formula 1-B with Rb=hydrogen and b1=1(See page 21).
Regarding claim 16, Jeon discloses the Formula 1A that fulfills the claimed Formula 2 represented by Formula 2-A (See [0007] and [0124]; page 10, Formula 4-4).
Regarding claims 17 and 18, Jeon discloses a polycyclic compound including Formula 1 and Formula 1A (See [0045]). Formula 1 of Jeon fulfills the claimed Formula 1. Formula 1A of Jeon fulfills the claimed Formula 2. The polycyclic compound of Jeon as modified in view of Kim (See Claim 1 above), would yield compounds having formulae of the claimed Formula 1-C and claimed Formula 1-C1.
Regarding claim 19, Jeon discloses a polycyclic compound having a Formula 26 represented by (See page 17):
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The polycyclic compound of Jeon as modified in view of Kim (See Claim 1 above), would yield a compound having a formula as the claimed Formula 1-C13 with Ra5 being an aryl group of 6 carbon atom ring.
Claims 4, 11, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon and Kim as applied to the above claims, and further in view of US 20200185626 (hereinafter Yuuki).
Jeon and Kim are relied upon as set forth above.
With respect to claims 4 and 14, Jeon and Kim disclose an emission layer for organic electroluminescence device including a polycyclic compound that fulfills the claimed Formula 1-A1 (See Claim 3 above), but failed to disclose the polycyclic compound having a group Ar11 including one of Formulae Ar-1 to Ar-5.
Yuuki discloses an emission layer for organic electroluminescence device including a polycyclic compound represented by a Formula 2 (See [0008] and [0016]):
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where Y is N, Z1 and Z2 are B, and R1 to R5 a substituted or unsubstituted aryl group having 6 to 30 carbon atoms that form a ring (See [0015] and [0017]). When R4 and R5 are aryl group of 6 carbon atoms ring, these groups fulfills the claimed Ar11 group including Formula Ar-1. Yuuki discloses that the organic electroluminescence device having long lifespan and high efficiency (See [0006]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the polycyclic compound of Jeon and Kim to include the claimed Ar11 group including Formula Ar-1, in order to provide a long lifespan and high efficiency as suggested by Yuuki. The burden is upon the applicant to prove otherwise. In re Fitzgerald, 205 USPQ 594.
Regarding claims 11 and 20, the instant claimed formula would have been obvious over the prior art. Jeon and Kim disclose a polycyclic compound having Ar1 and Y1 both containing aryl groups (See Claims 1 and 12 above). Yuuki further discloses that the 6 carbon atoms aryl groups are at the claimed Ar1 and Y1 sites and at the claimed R7 to R10 sites as well (See [0086] and [0087]; Formula 3 wherein R10 to R14 and R18 to R22 can be aryl groups of 6 carbon atoms ring).
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Therefore, it would have been obvious for a skilled artisan at the time the invention was filed to formulate a polycyclic compound as claimed.
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHANH TUAN NGUYEN whose telephone number is (571)272-8082. The examiner can normally be reached M-F 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHANH T NGUYEN/Primary Examiner, Art Unit 1761