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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The abstract of the disclosure is objected to because it does not appear to describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. It is the Examiner's position that at least a chemical structure formula of chemical formula 1
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should be shown in the abstract. Correction is required. See MPEP § 608.01(b).
Claim Objections
Claims 1, 5-6, and 12 are objected to because of the following informalities:
in claim 1 it is suggested that line 2 of numbered page 118 be changed to "one R3 is halogen[[;]] or a cyano group, and the other R3 is" for ease of reading;
in claim 1 it is suggested that a space be added between "X1 to X5" and "are" on line 7 of numbered page 118;
in claim 5, it is suggested that line 6 on numbered page 127 be changed to read "1, wherein Re are are independently selected from among" for ease of reading;
in claim 6, it is suggested that "wherein the compound represented by chemical formula 1 is any one
in claim 12, it is suggested "p dopant" be replaced with "p-dopant" for ease of reading.
Appropriate correction is required.
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 1-15 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.
Regarding claim 1, the claim recites "wherein in the alkyl group, the haloalkyl group,… and the haloheterocyclic group (hereinafter group A), at least one substituent selected from the group consisting of deuterium; a nitro group;…and an alkylarylsilyl group of C8-C60 (hereinafter group B) may be further substituted." However, it is unclear what may or may not be substituted in this case. Is the claim reciting that substituents (group B) of the substituents (group A) may be further substituted with any group? Is the claim reciting that substituent groups in group A may be substituted with those groups listed in group B? Are they limited to the groups listed in group B? Therefore, the claim is indefinite.
For purposes of examination, the claim will be interpreted such that substituent groups in group A may be optionally substituted with substituent groups listed in group B, but are not limited to.
Claims 2-15 are rejected as being dependent on indefinite claim 1.
Regarding claims 2-3 and 5, the chemical formulae 2 to 15 in claims 2-3 and 5 and the compounds in claim 6 show a double bond at the positions that are drawn as a single bond in chemical formula 1. The claim is indefinite because it is unclear whether or not the bond between the indacene core and R1 or R2 may be a double bond or are required to be a single bond and if so how a compound may be a compound of one of chemical formulae 2 to 15 in claims 2-3 and 5 or a compound in claim 6 and also meet the chemical formula 1 in claim 1, from which claims 2-3 and 5-6 depend.
For purposes of examination, the claims will be interpreted such that the bond between the indacene core and R1 or R2 may be a single or double bond depending on the conjugation of the substituent group.
Claim 4 is rejected as being dependent on indefinite claim 3.
Regarding claim 3, in claim 3, Rc to Re and Rf to Rh are in the positions corresponds to Ra and Rb, but are provided new definitions. In these definitions there is not mention of whether at least one of Rc to Re and at least one of Rf to Rh needs to be selected from the group consisting of halogen, a cyano group, a haloalkyl group of C1-C50, and a haloalkoxy group of C1-C50 as Ra and Rb must be in chemical formula 1. Therefore, the claim is indefinite because it is unclear if at least one of Rc to Re and at least one of Rf to Rh needs to be selected from the group consisting of halogen, a cyano group, a haloalkyl group of C1-C50, and a haloalkoxy group of C1-C50.
For purposes of examination, the claims will be interpreted such that at least one of Rc to Re and at least one of Rf to Rh needs to be selected from the group consisting of halogen, a cyano group, a haloalkyl group of C1-C50, and a haloalkoxy group of C1-C50 to be consistent with the definitions of Ra and Rb in chemical formula 1 in claim 1 from which claim 3 depends.
Claim 4 is rejected as being dependent on indefinite claim 3.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2-3 and 5 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claims 2-3 and 5, the chemical formulae 2 to 15 in claims 2-3 and 5 and the compounds in claim 6 show a double bond at the positions that are drawn as a single bond in chemical formula 1. Thus, the claim fails to further limit the subject matter of the claim upon which it depends, or fails to include all the limitations of the claim upon which it depends if the bond between the indacene core and R1 or R2 in chemical formula 1 is required to be a single bond.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(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.
Claims 1-3 and 6-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Shin et al. US-20220199909-A1 (hereinafter "Shin").
It is noted that Shin et al. US-20220199909-A1 and related KR-20220089233-A are cited on IDS of 09/08/2026.
Regarding claims 1-3 and 6-15, Shin discloses an organic light emitting diode comprising a first emitting part positioned between a first and second electrode and including a first emitting material layer, a hole injection layer between the first electrode and the first emitting material layer and a first hole transporting layer between the hole injection layer and the first emitting material layer, wherein the hole injection layer includes a hole injection material, and the hole injection material is an organic compound represented by Formula 1-1 (¶ [0011], ¶ [0073]). Shin discloses the device further comprising a second emitting part, which includes a second HTL and a second EML, and a charge generation layer (CGL) between the first and second emitting parts (¶ [0150]), wherein the CGL includes an n-type CGL and a p-type CGL (¶ [0160]), and wherein the p-type CGL includes the organic compound in Formula 1-1 as a p-type charge generation material (¶ [0164]). Shin discloses the device further comprising a third emitting part including a third HTL and a third EML, and a second CGL between the second and third emitting parts (¶ [0177]), wherein the second CGL includes a second n-type CGL and a second p-type CGL (¶ [0192]), and the second p-type CGL includes the organic compound in Formula 1-1 as a second p-type charge generation material (¶ [0197]). Shin discloses a display device including the organic light emitting diode (¶ [0022]). Further, Shin discloses the device having low driving voltage and high emitting efficiency and lifespan (¶ [0002], ¶ [0131], ¶ [0176]). Shin discloses examples of the organic compound represented by Formula 1-1 in paragraph [0099] that meet the claimed chemical formula 1, for example, S31
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(page 9), which corresponds to claimed compound 10 and S35
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(page 10), which corresponds to claimed compound 26.
Therefore, the device comprising the compound of Shin meets claims 1-3 and 6-15.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. US-20220199909-A1 (hereinafter "Shin").
It is noted that Shin et al. US-20220199909-A1 and related KR-20220089233-A are cited on IDS of 09/08/2026.
Regarding claim 4, Shin teaches the device comprising the compound as described above with respect to claim 3.
Shin does not exemplify a compound of Formula 1-1 that meets the requirements of claim 4. For example, the cited compounds S26 and S35 differ from the claimed compound in that the positions corresponding to Y1, and X1 are not halogen, a haloalkyl group of C1-C5, or a haloalkoxy group of C1-C50 and are instead cyano or hydrogen. However, Shin teaches that each of X1 and Y1 may be halogen, C1 to C10 haloalkyl group, or C1 to C10 haloalkoxy group, among others (¶ [0081]) and Shin teaches exemplary compounds where Y1 is CF3 (see for example compound S09 on page 8) and exemplary compounds wherein X1 is OCF3 (see for example compound S18 on page 8).
Therefore, given the general formula and teachings of Shin, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the CN at the position Y1 with CF3 and the CN at the position X1 with OCF3, because Shin teaches the variable may suitably be selected as such and teaches exemplary compounds wherein the variable is selected as such. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified compound would be useful in the hole injection material in the hole injection layer and the p-type charge generation material of the p-type CGL of the device of Shin and possess the beneficial properties of low driving voltage and high emitting efficiency and lifespan taught by Shin. See MPEP § 2143.I.(B).
The modified compound meets each of the requirements of claim 4.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US-20200144552-A1 (hereinafter "Kim").
It is noted that Kim et al. US-20200144552-A1 and related KR-20180131100-A are cited on IDS of 09/08/2026.
Regarding claims 1-3 and 6-15, Kim teaches an organic light emitting device, which displays light and is therefore a display device, including: an anode; a cathode provided to face the anode; and one or more light emitting units provided between the anode and the cathode, in which the organic light emitting device includes a charge generation layer provided between the anode and the one light emitting unit and between the two light emitting units adjacent to each other among the light emitting units, the charge generation layer includes a p-type charge injection layer, a p-type charge generation layer, or a layer which simultaneously injects and generates p-type charges, and the p-type charge injection layer, the p-type charge generation layer, or the layer which simultaneously injects and generates p-type charges has electric conductivity of 1×10−6 S/cm or more (¶ [0010], ¶ [0018], and FIG. 3). Kim teaches wherein the p-type charge injection layer, the p-type charge generation layer, or the layer which simultaneously injects and generates p-type charges includes: a compound represented by the following Chemical Formula 1; and one or more of compounds represented by the following Chemical Formulae 2 to 4 (¶ [0026]), in an amount that corresponds to being a dopant (¶ [0056]). Kim teaches a display device including the organic light emitting device (¶ [0178]). Kim teaches the organic light emitting device obtains improved the efficiency and lifetime (¶ [0050]-[0051]). Kim teaches specific examples of the compound represented by Chemical Formula 1 in paragraph [0160] including
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(page 12).
Kim does not specifically disclose a compound that meets the claimed chemical formula 1. For example, the compound shown above of Kim differs from the claimed compound in that one of the groups in the position corresponding to R3 of the claimed chemical formula 1 is -F (a halogen) instead of a group selected from hydrogen, deuterium, tritium, a haloalkyl group of C1-C50; a haloalkoxy group of C1-C30; and a haloaryl group of C6-C60 substituted with one or more of a halogen and a haloalkoxy group of C1-C30. However, Kim teaches that Chemical Formula 1 is represented by Chemical Formula 1-1 or 1-2 and teaches Q1 and Q2 of Chemical Formula 1-1 or 1-2 (which corresponds to R3 in claimed chemical formula 1) may be a halogen group, a substituted or unsubstituted haloalkyl group, among others (¶ [0103]), and further teaches exemplary compounds wherein Q1 is CF3 (a haloalkyl group of C1).
Therefore, given the general formula and teachings of Kim, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute one of the F at either Q1 or Q2 with CF3, because Kim teaches the variable may suitably be selected as such and teaches exemplary compounds wherein the variable is selected as such. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified compound would be useful in the p-type charge injection layer, the p-type charge generation layer, or the layer which simultaneously injects and generates p-type charges of the device of Kim and possess the beneficial properties of improved the efficiency and lifetime taught by Kim. See MPEP § 2143.I.(B).
The modified compound is a compound of the claimed chemical formula 1 and corresponds to the claimed compound 57.
The device comprising the modified compound of Kim meets claims 1-3 and 6-15.
Regarding claim 4, Kim teaches the device comprising the modified compound as described above with respect to claim 3.
Kim does not exemplify a compound represented by Chemical Formula 1 that meets the requirements of claim 4. For example, the modified compound differs from the claimed compound in that the positions corresponding to Rc and Rf are hydrogen instead of halogen, a haloalkyl group of C1-C5, or a haloalkoxy group of C1-C50 and are instead cyano or hydrogen. However, Kim teaches that R1 and R3 are a phenyl group unsubstituted or substituted from one or more selected from F, CF3, and OCF3, among others (¶ [0111]) and Kim teaches exemplary compounds the position corresponding to claimed Rc and Rf are F, CF3, and OCF3 (see for example compounds on pages 11 and 12).
Therefore, given the general formula and teachings of Kim, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the hydrogen at the position corresponding to Rc and Rf with F, CF3, or OCF3, because Kim teaches the variable may suitably be selected as such and teaches exemplary compounds wherein the variable is selected as such. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified compound would be useful in the p-type charge injection layer, the p-type charge generation layer, or the layer which simultaneously injects and generates p-type charges of the device of Kim and possess the beneficial properties of improved the efficiency and lifetime taught by Kim. See MPEP § 2143.I.(B).
The modified compound meets each of the requirements of claim 4.
Regarding claim 5, Kim teaches the device comprising the modified compound as described above with respect to claim 1.
Kim does not exemplify a compound represented by one claimed chemical formula 6 to chemical formula 16. For example, the modified compound discussed above differs from the claimed compounds of chemical formula 6 to chemical formula 16 in that both of the group in the positions R1 and R3 of Kim's general formula are a substituted phenyl group (aryl group) instead of a substituted heteroaryl group. However, Kim teaches R1 and R3 may be a substituted or unsubstituted aryl group; or a substituted or unsubstituted heteroaryl group, among others (¶ [0030]) and teaches specific examples of a heteroaryl group include a pyridyl group, a pyrimidyl group, a triazinyl group, among others (¶ [0088]).
Therefore, given the general formula and teachings of Kim, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the phenyl groups at the position corresponding to R1 and/or R3 with a pyridyl group, a pyrimidyl group, or a triazinyl group, because Kim teaches the variable may suitably be selected as such. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified compound would be useful in the p-type charge injection layer, the p-type charge generation layer, or the layer which simultaneously injects and generates p-type charges of the device of Kim and possess the beneficial properties of improved the efficiency and lifetime taught by Kim. See MPEP § 2143.I.(B).
The further modified compound of Kim meets one of claimed chemical formula 6 to chemical formula 16.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elizabeth M. Dahlburg whose telephone number is 571-272-6424. The examiner can normally be reached Monday through Thursday, 9 a.m. to 4 p.m. ET, and alternate Fridays.
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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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/ELIZABETH M. DAHLBURG/Primary Examiner, Art Unit 1786
