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 .
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 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yun et al. (KR 10-2020-0056589 A) (refer to translation as provided).
Regarding claim 1, Yun discloses a heterocyclic compound represented by the following Chemical Formula 1:
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Which reads on instant claimed Chemical Formula 1,
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Wherein each of Z1 to Z3 is is N,
R is hydrogen; deuterium; a substituted or unsubstituted C1 to C60 alkyl group; a substituted or unsubstituted C3 to C60 cycloalkyl group; a substituted or unsubstituted C2 to C60 heterocycloalkyl group; a substituted or unsubstituted C6 to C60 aryl group; or a substituted or unsubstituted C2 to C60 heteroaryl group,
L is a direct bond (see chemical formula 1 of Yun);
1 is 0 (see chemical formula 1 of Yun);
X is O or S (see page 6 of translation),
R11 to R13 are the same as or different from each other, and are each independently hydrogen; deuterium; a halogen group; a cyano group; a substituted or unsubstituted C1 to C60 alkyl group; a substituted or unsubstituted C3 to C60 cycloalkyl group; a substituted or unsubstituted C2 to C60 heterocycloalkyl group; a substituted or unsubstituted C6 to C60 aryl group; or a substituted or unsubstituted C2 to C60 heteroaryl group (see page 6 of translation),
k is 1 (see chemical formula 1 of Yun),
when k is 1, m (disclosed a and b) is an integer from 0 to 7 (see page 6, a is 0-4 and b is 0-3, and thus a+b is 0-7), and when m is 2 or higher, R11's are the same as or different from each other (see page 7),
n (c+d) is an integer from 0 to 6 (see page 7), and when n is 2 or higher, R12's are the same as or different from each other (see page 7),
Ar11 and Ar12 are the same as or different from each other, and are each independently a substituted or unsubstituted C1 to C60 alkyl group; a substituted or unsubstituted C3 to C60 cycloalkyl group; a substituted or unsubstituted C2 to C60 heterocycloalkyl group; a substituted or unsubstituted C6 to C60 aryl group; or a substituted or unsubstituted C2 to C60 heteroaryl group (see page 7),
a deuterium content of
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(
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in the formula Yun) in the structure of Chemical Formula 1 is more than 0% and 100% or less (see page 7 that discloses the formula contains deuterium, and thus the content is greater than 0%), and
the /* is a position bonded to Chemical Formula 1 (see formula 1 of Yun).
Regarding claim 2, Yun further discloses that a deuterium content of the heterocyclic compound represented by Chemical Formula 1 is more than 0% and 100% or less (see page 7 that discloses the formula contains deuterium, and thus the content is greater than 0%; see also compound P4-3 in which D content is more than 0% and 100% or less).
Regarding claim 3, Yun further discloses that the Chemical Formula 1 is dividedly represented by the following Structures 1-A to 1-D as claimed (see annotated formula of Yun)
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and a deuterium content of the following Structure 1-C is 30% to 100% (see page 7),
in Structures 1-A to 1-D, the definitions of Z1 to Z3, L, 1, X, R11 to R13, k, m, n, Ar11 and Ar12 are the same as the definitions in Chemical Formula 1 (see claim 1), and
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each a binding position where those which are the same are linked to each other (see formula 1 of Yun).
Regarding claim 4, Yun further discloses that Chemical Formula 1 is represented by any one of the following Chemical Formulae 1-1-1 (formula 1 of Yun reads on instant claimed formula 1-1-1).
Regarding claim 5, Yun further discloses that Chemical Formula 1 is represented by any one of the following Chemical Formulae 1-1 (when X is O) or 1-2 (when X=S).
Regarding claim 6, Yun further discloses that wherein Ar11 and Ar12 (Ar1 and Ar2) are the same as or different from each other, and are each independently a substituted or unsubstituted C6 to C20 aryl group; or a substituted or unsubstituted C2 to C20 heteroaryl group (see page 7).
Regarding claim 8, Yun organic light emitting device (100, fig. 1) comprising: a first electrode (130); a second electrode (180) provided to face the first electrode (120); and an organic material layer having one or more layers (130-170) provided between the first electrode (120) and the second electrode (180), wherein one or more layers of the organic material layer comprise the heterocyclic compound of claim 1 (see Abstract).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yun as applied above.
Regarding claim 7, Yun discloses the compound represented by chemical formula 1 (see formula 1), which reads instant claimed compound with only difference being the substituents of structure 1-C is deuterium. However, Yun explicitly discloses the substituents can be deuterium (see page 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used deuterium as the substituents of structure 1-C because selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Claims 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over Yun as applied above, and further in view of Park et al. (KR 10-1959821 B1) (refer to online translation as provided).
Regarding claim 9, Yun does not disclose that the organic material layer further comprises a heterocyclic compound represented by claimed Chemical Formula 2.
Park discloses an organic device wherein the emitting layer comprises a compound of formula 2
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as a dopant (see page 5 and 16). Formula 2 of Park reads on instant claimed formula 2.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used the compound of formula 2 as taught by Park in the light emitting layer of Yun such that driving voltage of the device is lowered, which subsequently improves the light efficiency, as taught by Park (see Abstract).
Regarding claim 10, Park further discloses that wherein R21 and R22 are the same as or different from each other, and are each independently hydrogen; or deuterium, and Ar21 and Ar22 are the same as or different from each other, and are each independently a substituted or unsubstituted C6 to C20 aryl group; or a substituted or unsubstituted C2 to C20 heteroaryl group (see pages 6-8 of Park).
Regarding claim 11, Park discloses the compound of formula 2, which reads on instant claimed expect the substituents are deuterium. However, deuterium is a well-known substitutents as taught by Yun (see page 7). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used deuterium as the substituents because selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Regarding claim 12, Yun as modified by Park further discloses the organic material layer comprises a light emitting layer, and the light emitting layer comprises the heterocyclic compound represented by Chemical Formula 1 and the heterocyclic compound represented by Chemical Formula 2 (see page 16 of Park).
Regarding claim 13, Yun as modified by Park further discloses the organic material layer comprises a light emitting layer, and the light emitting layer comprises a host material, and the host material comprises the heterocyclic compound represented by Chemical Formula 1 and the heterocyclic compound represented by Chemical Formula 2 (see page 16 of Park).
Regarding claim 14, Yun further discloses comprising one or two or more layers (130-170) selected from the group consisting of a light emitting layer (140), a hole injection layer (130), a hole transport layer (140), an electron transport layer (160) and an electron injection layer (170) (layers 130-170 as shown in figure 1 of Yun).
Regarding claim 15, Yun discloses a composition for an organic material layer of an organic light emitting device, the composition comprising the heterocyclic compound according to claim 1 (see rejection of claim 1). However, Yun does not disclose that the organic material layer further comprises a heterocyclic compound represented by claimed Chemical Formula 2.
Park discloses an organic device wherein the emitting layer comprises a compound of formula 2
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as a dopant (see page 5 and 16). Formula 2 of Park reads on instant claimed formula 2.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used the compound of formula 2 as taught by Park in the light emitting layer of Yun such that driving voltage of the device is lowered, which subsequently improves the light efficiency, as taught by Park (see Abstract).
Regarding claim 16, Yun as modified by Park further discloses that a weight ratio of the heterocyclic compound:the heterocyclic compound represented by Chemical Formula 2 in the composition is 1:10 to 10:1 (see page 32 of Park).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM MOWLA whose telephone number is (571)270-5268. The examiner can normally be reached M-Th, 7am - 4pm.
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/GOLAM MOWLA/ Primary Examiner, Art Unit 1721
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