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 .
Response to Amendment
This action is responsive to applicant’s amendment filed 5/14/2026.
Claims 1-10 are pending.
The previous rejection of claims 1-4, 6, and 8 under 35 U.S.C. 102(a)(1) as being anticipated by Hayakawa et al. (JP2009203203) is withdrawn in view of applicant’s amendment.
The previous rejection of claims 1-4, 6, and 8 under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (KR20130129543) is withdrawn in view of applicant’s amendment.
Terminal Disclaimer
The terminal disclaimer filed on 11/13/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 11,950,496, 11,139,446, and 11,566,033 have been reviewed and are accepted. The terminal disclaimer has been recorded.
The previous rejection of claims 1-10 on the ground of non-statutory double patenting as being unpatentable over claims 1-6 and 9-11 of U.S. Patent No. 11,950,496, 11,139,446, and 11,566,033 are withdrawn in view of the Terminal Disclaimer.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/21/2026 has been considered by the examiner. Initialed copies accompany this action.
Claim Rejections - 35 USC § 102
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 1-4, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (KR20130129543).
Lee discloses the following compounds that read on the claimed compound of formula (1).
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Double Patenting
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-10, of U.S. Patent No. 12,563,963. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 12,563,963 contains the claimed compound of formula (1) (compounds of Vu-Vai).
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-13 of U.S. Patent No. 12,161,044. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 12,161,044contains the claimed compound of formula (1) (compounds of A28-A41).
Response to Arguments
Applicant's arguments filed 5/14/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to the limitation of Ar2, specifically with regard to the “conjugated system”, it is noted that the features upon which applicant relies (i.e., Ar2 group includes sp3-hydridized carbon atoms and compound’s conjugation length) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Lee discloses Ar² is independently selected from C₁₄ to C40 arylene comprising a conjugated system of at least 14 delocalized electrons or C8 to C40 heteroarylene comprising a conjugated system of at least 14 delocalized electrons, wherein Ar² is free of indolyl as shown above. Lee discloses every limitation recited in the claims, and is anticipatory.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIDUNG D NGUYEN whose telephone number is (571)270-5455. The examiner can normally be reached M-Th: 10a-3p.
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/HAIDUNG D NGUYEN/Primary Examiner, Art Unit 1761
6/11/2026
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