Prosecution Insights
Last updated: October 23, 2026
Application No. 18/556,948

NITROGENOUS HETEROCYCLIC COMPOUNDS FOR ORGANIC ELECTROLUMINESCENT DEVICES

Non-Final OA §112
Filed
Oct 24, 2023
Priority
Apr 30, 2021 — EU 21171569.3 +1 more
Examiner
GARRETT, DAWN L
Art Unit
Tech Center
Assignee
Merck Patent GmbH
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
713 granted / 981 resolved
+12.7% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
53 currently pending
Career history
1051
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
44.0%
+4.0% vs TC avg
§102
14.2%
-25.8% vs TC avg
§112
26.5%
-13.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 981 resolved cases

Office Action

§112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The preliminary amendment dated October 24, 2023 is entered. Claims 1-18 are cancelled claims. Claims 19-39 are new and are pending. Claim Objections Claim 26 is objected to because of the following informalities: Claim 26 contains structures that comprise blurry superscripts and subscripts. Clearly printed chemical structures should be provided. 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 25-28, 30, 31, and 36 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. Claim 25 recites variables Rc and Rd, but these groups are not shown in claim 25 or in parent claims 19 or 20. The groups are not understood and render the claim indefinite. Claim 26 recites variables Rc and Rd, but these groups are not shown in claim 26 or in parent claims 19 or 20. The groups are not understood and render the claim indefinite. Claim 27 recites variables Rc and Rd, but these groups are not shown in claim 27 or in parent claims 19 or 20. The groups are not understood and render the claim indefinite. Claim 28 shows an integer k in a chemical formula, but k is not defined. Also, in claim 28, Y1 and Y2 are recited to have the same definitions as claim 19, but claim 19 does not contain the groups. Further in claim 28, integer n is defined, but is not shown in a chemical structure. Claim 28 recites points of attachment, but it is unclear specifically if it is the fused ring that is to be attached. For these reasons claim 28 is considered indefinite. Claim 30 sets forth p, Ar1, A, and q, but the groups are not defined in claim 30 or in parent claims 24 or 19. The meaning of the groups is unclear and claim 30 is indefinite. In claim 31, with respect to Formulas V1-1 to VI-22 at end of claim, integer k is shown in a formula, but is not defined. Integer n is defined (page 99 of claim set), but is not shown in one of these formulas. Also, in this formula section (page 99 of claim set), variables Y1 and Y2 are recited as defined in claim 19, but Y1 and Y2 are not in claim 19. Sites of attachment are shown, but it is unclear specifically what is to attach at the location. For these reasons, claim 31 is unclear. (Note that claim 36 depends on claim 30 and is also included in the rejection.) Clarification and/or correction are required. Allowable Subject Matter Claims 19-24, 29, 32-35, and 37-39 are allowed. The closest prior art is considered to be US 2002/0041978, which teaches compounds of formula I (see par. 12) with ketone groups for use in an organic light emitting device. The reference fails to teach or to suggest Formula I with R1 and R2 and R3 and R4 joined as aromatic rings as specifically claimed (see par. 33). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhou, D. Y., Koike, T., Suetsugu, S., Onitsuka, K., & Takahashi, S. (2004). Rhodium-catalyzed cyclocarbonylation of azobenzene. Inorganica chimica acta, 357(10), 3057-3063. WO 2022/200638 A1 sets forth heteroaryl compounds (Formula 1, page 2) for an organic electroluminescent device with similar structure to instant compounds except for =O group. The references discusses heterocyclic compounds considered relevant to the state of the art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dawn Garrett whose telephone number is (571)272-1523. The examiner can normally be reached Monday through Thursday (Eastern Time). 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. 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. /DAWN L GARRETT/Primary Examiner, Art Unit 1786
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Prosecution Timeline

Oct 24, 2023
Application Filed
Oct 05, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12765256
ORGANIC ELECTRIC ELEMENT, DISPLAY PANEL COMPRISING THE SAME AND DISPLAY DEVICE COMPRISING THE SAME
5y 9m to grant Granted Oct 13, 2026
Patent 12759972
ORGANIC COMPOUND, AND ORGANIC LIGHT EMITTING DIODE AND ORGANIC LIGHT EMITTING DEVICE INCLUDING THE SAME
4y 10m to grant Granted Oct 13, 2026
Patent 12757624
ORGANIC LIGHT EMITTING DIODE AND ORGANIC LIGHT EMITTING DEVICE INCLUDING THE SAME
4y 0m to grant Granted Oct 06, 2026
Patent 12735634
LIGHT-EMITTING DEVICE INCLUDING HETEROCYCLIC COMPOUND AND ELECTRONIC APPARATUS INCLUDING THE LIGHT-EMITTING DEVICE
4y 6m to grant Granted Sep 15, 2026
Patent 12735435
POLYCYCLIC AROMATIC DERIVATIVE COMPOUND AND ORGANIC LIGHT-EMITTING DEVICE USING SAME
4y 1m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
83%
With Interview (+10.2%)
3y 5m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 981 resolved cases by this examiner. Grant probability derived from career allowance rate.

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