DETAILED ACTION
Examiner’s Notes
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election with traverse of Group IV corresponding to claims 19-20 in the reply on 09/29/2026 is acknowledged. The traversal is on the grounds that the claims are amended and the inventions of Group I- IV relate to a single general inventive concept under PCT Rule 13.1 because they all comprise the same or corresponding special technical feature that makes a contribution over the prior art, thus, Groups I - IV have unity of invention. The traversal is not persuasive.
Based on the amended claims, the application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1. In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claims 9-14, drawn to a photoelectric conversion device.
Group II, claim 15, drawn to a photoelectric conversion device.
Group III, claims 16-18, drawn to a display device.
Group IV, claims 19-20, drawn to a photoelectric conversion device.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons.
The common technical feature between Group I and Group II, between Group I and Group IV, between Group II and Group III, and between Group III and Group IV is as follows: A photoelectric conversion device comprising a first electrode, a photoelectric conversion layer over the first electrode, the photoelectric conversion layer comprising a first material; and a second electrode over the photoelectric conversion layer.
This element cannot be considered as a special technical feature under PCT Rule 13.2 because this feature is already known in ENOKI (US 20170141312 A1).
ENOKI teaches a photoelectric conversion device (see the photoelectric conversion element in Fig. 3) comprising a first electrode (see the lower electrode 104), a photoelectric conversion layer (see the photoelectric conversion layer 108) over the first electrode (see Fig. 3), the photoelectric conversion layer comprising a first material (see the material for the photoelectric conversion layer [0090]); and a second electrode (see the upper electrode 112) over the photoelectric conversion layer (see Fig. 3).
The common technical feature between Group I and Group III is as follows: A photoelectric conversion device comprising a first electrode, a second electrode, a first layer, a second layer and a third layer, wherein the first layer is between the first electrode and the second electrode, wherein the second layer is between the first layer and the second electrode, wherein the third layer is between the second layer and the second electrode, wherein the third layer has higher electron mobility than the first layer, wherein the second layer comprises a first material and a second material, wherein the first material comprises any one of a fullerene skeleton, a pervlene skeleton and a dicyanomethyleneindanone skeleton, wherein the second material comprises an anthracene skeleton, and wherein the anthracene skeleton is substituted with one of a diheteroarylamino group and an arylheteroarylamino group.
This element cannot be considered as a special technical feature under PCT Rule 13.2 because this feature is already known in ENOKI (US 20170141312 A1) in view of MIZUTANI (US 20120299473 A1).
ENOKI teaches a photoelectric conversion device (see the photoelectric conversion element in Fig. 3) comprising: a first electrode (see the lower electrode 104); a second electrode (see the upper electrode 112); a first layer (see the p buffer layer 106), a second layer (see the photoelectric conversion layer 108) and a third layer (see the n buffer layer 110) (see Fig. 3), wherein the first layer is between the first electrode and the second electrode (see Fig. 3), wherein the second layer is between the first layer and the second electrode (see Fig. 3), wherein the third layer is between the second layer and the second electrode (see Fig. 3), wherein the third layer has higher electron mobility than the first layer ([0089] the p buffer layer 106 may be formed of a hole transporting material, [0093] the n buffer layer 110 is formed of an electron transporting material; Based on the disclosure, the n buffer layer 110 has higher electron mobility than the p buffer layer 106), wherein the second layer comprises a first material (see the n type photoelectric conversion material) and a second material (see the p type photoelectric conversion material) ([0091] the photoelectric conversion layer 108 may be formed of a plurality of layers in which the mixing ratio of the n type photoelectric conversion material and the p type photoelectric conversion material is changed in a lamination direction. For example, the photoelectric conversion layer 108 may have a multilayer structure in which a p layer formed of the p type photoelectric conversion material from the p buffer layer 106 side, an i layer in which the n type photoelectric conversion material and the p type photoelectric conversion material are mixed, and an n layer formed of the n type photoelectric conversion material are laminated), wherein the first material comprises any one of a fullerene skeleton, a pervlene skeleton and a dicyanomethyleneindanone skeleton (see fullerenes or fullerene derivatives [0093]), wherein the second material comprises an anthracene skeleton (see anthracene derivative [0076]). Regarding the claimed “wherein the anthracene skeleton is substituted with one of a diheteroarylamino group and an arylheteroarylamino group”, MIZUTANI discloses aminoanthracene derivative for a photoelectric conversion device (see Abstract, [0169]), wherein the anthracene compound is substituted with an amino group with diaryl groups (see [0022]-[0034]) and teaches aryl group and heteroaryl group as an equivalent substituent group (see [0141]). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to employ the anthracene compound is substituted with an amino group with diheteroaryl group groups in the device of ENOKI as taught by MIZUTANI, because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144) and because the substituting equivalents known for the same purpose supports a prima face obviousness determination (see MPEP 2144.06 II).
The common technical feature between Group II and Group IV is as follows: A photoelectric conversion device comprising: a first electrode; a photoelectric conversion layer over the first electrode, the photoelectric conversion layer comprising a first material; and a second electrode over the photoelectric conversion layer, wherein the first material has an anthracene skeleton, wherein the anthracene skeleton is substituted with an amino group at 9-position, wherein the amino group is substituted with a first substituent and a second substituent, and wherein each of the first substituent and the second substituent is one of a substituted or unsubstituted aryl group having 6 to 25 carbon atoms and a substituted or unsubstituted heteroaryl group having 2 to 25 carbon atoms.
This element cannot be considered as a special technical feature under PCT Rule 13.2 because this feature is already known in ENOKI (US 20170141312 A1) in view of MIZUTANI (US 20120299473 A1).
ENOKI teaches a photoelectric conversion device (see the photoelectric conversion element in Fig. 3) comprising: a first electrode (see the lower electrode 104); a photoelectric conversion layer (see the photoelectric conversion layer 108) over the first electrode (see Fig. 3), the photoelectric conversion layer comprising a first material (see the material for the photoelectric conversion layer [0090]); and a second electrode (see the upper electrode 112) over the photoelectric conversion layer (see Fig. 3). Regarding the claimed “wherein the first material has an anthracene skeleton, wherein the anthracene skeleton is substituted with an amino group at 9-position, wherein the amino group is substituted with a first substituent and a second substituent, and wherein each of the first substituent and the second substituent is one of a substituted or unsubstituted aryl group having 6 to 25 carbon atoms and a substituted or unsubstituted heteroaryl group having 2 to 25 carbon atoms”, MIZUTANI discloses an aminoanthracene derivative for a photoelectric conversion device (see Abstract, [0169]), wherein the anthracene skeleton is substituted with a diarylamine (-N(Ar3)(Ar4)) at 9-position (see [0017], see the any substituent position for the anthracene skeleton), wherein Ar3 first substituent and the Ar4 second substituent is a substituted or unsubstituted aryl group having 6 to 50 ring carbon atoms (see [0018]). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to employ the aminoanthracene derivative material substituted with a diarylamine (-N(Ar3)(Ar4)) at 9-position, wherein Ar3 first substituent and the Ar4 second substituent are a substituted or unsubstituted aryl group having 6 to 50 ring carbon atoms, for photoelectric conversion layer in the device of ENOKI as taught by MIZUTANI, because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144). Given the teachings above, it would have been obvious to have selected carbon atoms within the disclosed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (see MPEP § 2144.05, I.). Accordingly, the special technical feature linking the Groups of inventions does not provide a contribution over the prior art, and no single general inventive concept exists.
Therefore, the restriction requirement is still deemed proper and is made FINAL.
Claims 9-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected Groups, there being no allowable generic or linking claim. Applicants timely traversed the restriction (election) requirement in the reply filed on 09/29/2026.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over ENOKI (US 20170141312 A1) in view of MIZUTANI (US 20120299473 A1).
Regarding claim 19, ENOKI teaches a photoelectric conversion device (see the photoelectric conversion element in Fig. 3) comprising: a first electrode (see the lower electrode 104); a photoelectric conversion layer (see the photoelectric conversion layer 108) over the first electrode (see Fig. 3), the photoelectric conversion layer comprising a first material (see the material for the photoelectric conversion layer [0090]); and a second electrode (see the upper electrode 112) over the photoelectric conversion layer (see Fig. 3). Regarding the claimed “wherein the first material has an anthracene skeleton, wherein the anthracene skeleton is substituted with an amino group at 9-position, wherein the amino group is substituted with a first substituent and a second substituent, and wherein each of the first substituent and the second substituent is one of a substituted or unsubstituted aryl group having 6 to 25 carbon atoms and a substituted or unsubstituted heteroaryl group having 2 to 25 carbon atoms”, MIZUTANI discloses an aminoanthracene derivative for a photoelectric conversion device (see Abstract, [0169]), wherein the anthracene skeleton is substituted with a diarylamine (-N(Ar3)(Ar4)) at 9-position (see [0017], see the any substituent position for the anthracene skeleton), wherein Ar3 first substituent and the Ar4 second substituent is a substituted or unsubstituted aryl group having 6 to 50 ring carbon atoms (see [0018]). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to employ the aminoanthracene derivative material substituted with a diarylamine (-N(Ar3)(Ar4)) at 9-position, wherein Ar3 first substituent and the Ar4 second substituent are a substituted or unsubstituted aryl group having 6 to 50 ring carbon atoms, for photoelectric conversion layer in the device of ENOKI as taught by MIZUTANI, because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144). Given the teachings above, it would have been obvious to have selected carbon atoms within the disclosed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (see MPEP § 2144.05, I.). Accordingly, the special technical feature linking the Groups of inventions does not provide a contribution over the prior art, and no single general inventive concept exists.
Regarding claim 20, Applicant is directed above for a full discussion as applied to claim 19.
ENOKI teaches the photoelectric conversion layer further comprises an electron-accepting material ([0091] the photoelectric conversion layer 108 may be formed of a plurality of layers in which the mixing ratio of the n type photoelectric conversion material and the p type photoelectric conversion material is changed in a lamination direction. For example, the photoelectric conversion layer 108 may have a multilayer structure in which a p layer formed of the p type photoelectric conversion material from the p buffer layer 106 side, an i layer in which the n type photoelectric conversion material and the p type photoelectric conversion material are mixed, and an n layer formed of the n type photoelectric conversion material are laminated; see the n type photoelectric conversion material).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAE-SIK KANG whose telephone number is 571-272-3190. The examiner can normally be reached on 9:00am – 5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew T. Martin can be reached on 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAE-SIK KANG/
Primary Examiner, Art Unit 1728
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