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 .
DETAILED ACTION
Election/Restriction
This application contains claims directed to the following patentably distinct species:
Applicant must elect a single disclosed compound of Formula 1, by election of each variable at a level that defines a single compound.
Upon election of a species, Applicant is required to disclose:
1. the name and structure of the elected species,
2. the location of the elected species within the claims and/or the specification, and
3. the claims that read on the elected species.
The species are independent or distinct because the do not overlap in scope. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claims 1, 17, and 20 are generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: A complete and thorough search for one species would not likely find the others. A complete and thorough search for all species is not possible in a reasonable amount of examining time.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Gregory Lefkowicz on 9/29/2026 a provisional election was made without traverse to prosecute the species of Compound 1:
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, relevant to claims 1-13 and 17-20. Affirmation of this election must be made by applicant in replying to this Office action. Claims 14-16 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Affirmation of this election must be made by applicant in replying to this Office action.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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.
Claim 13 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.
Claim 13 refers to LIST 11, but does not define it within the claim. Bespoke definitions from the specification cannot be referred to in the claims, save for Applicant acting as their own lexicographer, which is not the case here.
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.
Claim(s) 1-13, 17-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (CN 105837641 A) in view of Jabbour et al (US 20080269491 A1).
Wang discloses organometallic compounds having ligands according to the presently claimed Formula I:
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[p5/6]
Wang teaches that the compound is useful as a light emitting material in an OLED having a cathode and an anode and the light emitting material [claims, abstract].
The ancillary ligand of Wang (on the right-hand-side of the complex C-35 shown above) does not read on the ancillary ligands required by the claims.
Jabbour teaches using acetylacetonate (acac) as an ancillary ligand alongside C^N ligands (like those of Wang):
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and Jabbour teaches that the acac ligands allow for color tuning of the absorbance and emission of the light emitting organometallic complex [0046]. Jabbour teaches that the light emitting layer of an OLED may include a host PVK [0059-0060], i.e. polyvinylcarbazole.
It would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant’s invention to have used the claimed acac ancillary ligands with the primary C^N ligands of Wang because Jabbour teaches that the acac ligands allow for color tuning.
Claim(s) 1-13, 17-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (CN 105859794 A) in view of Jabbour et al (US 20080269491 A1).
Zhang discloses organometallic compounds having ligands according to the presently claimed Formula I:
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[p7/9].
Zhang teaches that the compound is useful as a light emitting material in an OLED having a cathode and an anode and the light emitting material also comprising a host [claims, abstract].
The ancillary ligand of Zhang (on the right-hand-side of the complexes shown above) does not read on the ancillary ligands required by the claims.
Jabbour, discussed above, teaches using acetylacetonate (acac) as an ancillary ligand alongside C^N ligands for color tuning of the absorbance and emission of the light emitting organometallic complex [0046]. Jabbour teaches that the light emitting layer of an OLED may include a host PVK [0059-0060], i.e. polyvinylcarbazole.
It would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant’s invention to have used the claimed acac ancillary ligands with the primary C^N ligands of Zhang because Jabbour teaches that the acac ligands allow for color tuning.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (CN 105837641 A) or Zhang et al (CN 105859794 A) in view of Jabbour et al (US 20080269491 A1) and further in view of Boudreault et al (US 20180130956 A1).
Modified Wang and Modified Zhang do not disclose the specific hosts of claim 19.
Boudreault discloses OLEDs having an emission layer comprising an emissive dopant comprising iridium and host compound, similar to both Modified Wang and Modified Zhang [0118]. The host includes the same hosts as instant claim 19, including specific example:
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[p65].
It would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant’s invention to have used the claimed hosts in the OLED emissive layers of Modified Wang or Modified Zhang because Boudreault discloses that these compounds are preferred host materials for OLED emissive layers comprising the phosphorescent dopants of Modified Wang and Modified Zhang.
It is prima facie obvious to select a known material based on its suitability for its intended use, see Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Other Relevant Art
Zhou et al (CN 122404389 A) discloses position isomers of the 5-ring moiety in a Pt complex, but is unavailable as prior art:
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[p4/7].
Tsai et al (US 20220158102 A1) discloses a 6-ring structure that includes a position isomer of the claimed 5-ring structure, further condensed with a pyridine ring that also complexes with the core metal atom, in this case Pt:
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[p82]
Tamano et al (JP H0920886 A) discloses similar condensed ring structures used for ligands in organometallic complexes for OLEDs:
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[p1].
Ji et al (US 20250129110 A1) discloses anticipatory compounds of the non-elected compounds that would also make obvious the elected Compound 1:
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However, Ji was filed and published after the effective filing date of the present application:
The present claims have priority to the effective filing date of 12/22/2022 from the parent US provisional application 63/476,668, as demonstrated by the presence of the elected Compound 1 as well as all of List 11 in the provisional application at p75 of the specification, a sampling of List 11 is shown below:
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M DOLLINGER whose telephone number is (571)270-5464. The examiner can normally be reached 10am-6:30pm M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MICHAEL M. DOLLINGER
Primary Examiner
Art Unit 1766
/MICHAEL M DOLLINGER/Primary Examiner, Art Unit 1766
Prosecution Insights