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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2022-0169163, filed on 12/06/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/03/2023 was filed after the mailing date of the instant application on 11/03/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 12-21, and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al. (KR 2022/0062169 A, using the provided translation for references).
With respect to claim 1, Shin discloses example device (19) (Table 6, paragraph 0270 of the original document), which comprises an anode (a first electrode, ITO, paragraph 0242), a cathode (a second electrode, Al, paragraph 0245), an emission layer (paragraph 0243) between the electrodes, and a region between the first electrode and the emission layer (emission auxiliary layer, paragraph 0243) comprises compound P-64 (page 27 of the original document), which is pictured below.
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This compound meets the requirements of instant Formula 1 when in Formula 1-1, p is 0 and Rx is not present, and L1 and L2 are a direct linkage, in Formula 1-2, q is 0 and Ry is not present, and FG1 is represented by Formula 1-3, wherein X1 is the bonding site of Formula 1, X2 and X3 are hydrogen atoms, X4 is a substituted aryl group of 6 ring-forming carbon atoms, Y is an oxygen atom, m is 0 and Rn is not present.
With respect to claim 2, Shin teaches the light emitting element of claim 1, and Formula 1 is represented by instant Formula 2-2, as pictured above.
With respect to claim 3, Shin teaches the light-emitting element of claim 1, and Formula 1 is represented by Formula 3-1, as pictured above.
With respect to claim 4, Shin teaches the light emitting element of claim 3, wherein Formula 1 is not represented by Formula 3-2.
With respect to claim 5, Shin teaches the light emitting element of claim 1, and Formula 1 is represented by Formula 4-1, as pictured above.
With respect to claim 6, Shin teaches the light emitting element of claim 1 and Rx is not present.
With respect to claim 7, Shin teaches the light emitting element of claim 1 and Ry is not present.
With respect to claims 12-14, Shin teaches the light emitting element of claim 1, and FG1 is represented by instant B-2, and FG2 is represented by instant C-1, as pictured above.
With respect to claims 15 and 20-21, Shin discloses compound P-64 (page 27 of the original document), which is pictured below.
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This compound meets the requirements of instant Formula 1 when in Formula 1-1, p is 0 and Rx is not present, and L1 and L2 are a direct linkage, in Formula 1-2, q is 0 and Ry is not present, and FG1 is represented by Formula 1-3, wherein X1 is the bonding site of Formula 1, X2 and X3 are hydrogen atoms, X4 is a substituted aryl group of 6 ring-forming carbon atoms, Y is an oxygen atom, m is 0 and Rn is not present.
With respect to claim 16, Shin teaches the compound of claim 15, and Formula 1 is represented by instant Formula 2-2, as pictured above.
With respect to claim 17, Shin teaches the compound of claim 15, and Formula 1 is represented by Formula 3-1, as pictured above.
With respect to claim 18, Shin teaches the compound of claim 17, wherein Formula 1 is not represented by Formula 3-2.
With respect to claim 19, Shin teaches the compound of claim 15, and Formula 1 is represented by Formula 4-1, as pictured above.
With respect to claims 23-25, Shin teaches the light emitting element of claim 1, and FG1 is represented by instant B-2, and FG2 is represented by instant C-1, as pictured above.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (KR 2022/0062169 A, using the provided translation for references) as applied above.
With respect to claim 9, Shin teaches the light emitting element of claim 1, and Shin also teaches that the compound of Formula 1 may be used as a material for the hole transport layer (paragraph 0054, lines 1-2).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use the compound as a material in the hole transport layer, as taught by Shin.
With respect to claim 10, Shin teaches the light emitting element of claim 1, and Shin also teaches that when a blue light emitting organic diode is fabricated using the compound in a layer between the light emitting layer and anode, the driving voltage of the organic electroluminescent device is lowered compared to a device not comprising the compound, and the luminous efficiency and lifespan are significantly improved (paragraph 0255).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use the compound in a device configured to emit blue light in order to obtain lower driving voltage, and significantly improved luminous efficiency and lifespan, as taught by Shin.
With respect to claim 11, Shin teaches the light emitting element of claim 1, and Shin also teaches that the light-emitting layer may comprise a fluorescent dopant (paragraph 0051, lines 1-2).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate an emission layer configured to emit fluorescent light, as taught by Shin.
Allowable Subject Matter
Claims 8 and 22 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.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 8, the claim requires a light emitting element comprising a compound of Formula 1, wherein in each of Formulae 1-3 to 1-5, each X1 to X4 not bonded to FG1 of Formula 1 is a hydrogen atom.
A search of the prior art did not identify the claimed invention.
The closest identified prior art is Shin et al. (KR 2022/0062169 A, using the provided translation for references).
With respect to claim 8, Shin teaches a compound of chemical formula 1 (paragraph 0008), which is pictured below and has been given relevant labels.
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In this formula, a moiety analogous to instant FG3 is bonded to a moiety analogous to instant FG1 at one of instant X1 to X4 and another one of X1 to X4 is bonded to an amine substituent.
This differs from the instant claim which requires that each of X1 to X4 which is not bonded to FG1 is a hydrogen atom.
Additionally, there existed no teaching nor motivation in the broader prior art as of the effective filing date of the claimed invention to modify Shin to meet this limitation.
With respect to claim 22, the claim requires a compound of Formula 1, wherein in each of Formulae 1-3 to 1-5, each X1 to X4 not bonded to FG1 of Formula 1 is a hydrogen atom.
A search of the prior art did not identify the claimed invention.
The closest identified prior art is Shin et al. (KR 2022/0062169 A, using the provided translation for references).
With respect to claim 22, Shin teaches a compound of chemical formula 1 (paragraph 0008), which is pictured below and has been given relevant labels.
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In this formula, a moiety analogous to instant FG3 is bonded to a moiety analogous to instant FG1 at one of instant X1 to X4 and another one of X1 to X4 is bonded to an amine substituent.
This differs from the instant claim which requires that each of X1 to X4 which is not bonded to FG1 is a hydrogen atom.
Additionally, there existed no teaching nor motivation in the broader prior art as of the effective filing date of the claimed invention to modify Shin to meet this limitation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL SIMBANA whose telephone number is (571)272-2657. The examiner can normally be reached Monday - Friday, 8:00 A.M. - 4:30 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached at 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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/RACHEL SIMBANA/Primary Examiner, Art Unit 1786
