Prosecution Insights
Last updated: May 29, 2026
Application No. 18/741,291

ORGANIC ELECTROLUMINESCENT DEVICE

Non-Final OA §102§103
Filed
Jun 12, 2024
Priority
Dec 27, 2013 — RE 10-2013-0166103 +5 more
Examiner
BROOKS, KREGG T
Art Unit
1764
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Solus Advanced Materials Co. Ltd.
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
58%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
405 granted / 714 resolved
-8.3% vs TC avg
Minimal +2% lift
Without
With
+1.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
43 currently pending
Career history
779
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
74.8%
+34.8% vs TC avg
§102
7.8%
-32.2% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 714 resolved cases

Office Action

§102 §103
DETAILED ACTION Applicant’s amendment dated 23 March 2026 is hereby acknowledged. Claims 1-16 as amended are pending. All outstanding objections and rejections made in the previous Office Action, and not repeated below, are hereby withdrawn. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action. New grounds of rejection set forth below are necessitated by applicant’s amendment filed on 23 March 2026. In particular, claim 1 has been amended to remove one species of EWG. For this reason, the present action is properly made final. Terminal Disclaimer The terminal disclaimer filed on 23 March 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Nos. 10,573,822 and 12,441,935 has been reviewed and is accepted. The terminal disclaimer has been recorded. Claim Rejections - 35 USC § 103 Claim(s) 1-8 and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0207093 (“Kim B”) in view of US 2016/0372683 (“Tanimoto”). The applied reference US 2015/0207093 (“Kim B”) has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02. As to claim 1, Kim B teaches an organic light emitting device including a positive electrode (anode), negative electrode (cathode), one or more organic material layers, including an emission (light emitting) layer having host material and a dopant material, an electron transporting layer, and electron injection layer, including a lifetime enhancement layer between the light emitting layer and electron transport layer, the lifetime enhancement layer including a bipolar compound having an EDG and EWG and electronic properties a-d as recited (Kim B, claim 1). Kim B teaches that the electron absorbing EWG includes heteroaryl groups, including polycyclic heterocycles (para. 0050), but does not discuss the recited polycyclic heterocycles. Kim B is not limited to the specific heteroaryl groups. Tanimoto teaches bipolar compounds having EDG and EWG for electroluminescent devices, and teaches that isoindole groups (that is, the first recited formula for EWG) are suitable as an electron withdrawing group (para. 0291). As such, it would be obvious to a person of ordinary skill in the art to modify the device of Kim B, including using a recited isoindole EWG, as Tanimoto teaches the suitability for such moieties as an EWG in bipolar compounds. As to claim 2, Kim B teaches that the device may have the recited types of emission (Kim B, claim 2). As to claim 3, Kim B teaches the recited characteristic in green phosphorescence (Kim B, claim 3). As to claim 4, Kim B teaches the recited characteristic for blue phosphorescence (Kim B, claim 4). As to claim 5, Kim B teaches that the bipolar compound may comprise a moiety of recited Chemical Formula 1 (paras. 0023-0029). While Kim B does not state this is the EDG, it is presumed to be so, having the same structure as recited. As to claim 6, Kim B teaches the compound of Chemical Formula 1 may follow formula A-1 to A-24 (para. 0030). As to claim 7, Kim B teaches the compound has a moiety arising from condensing a compound of Formula 1, corresponding to Chemical Formula 1, and formula 2, corresponding to Chemical Formula 2 (paras. 0023-0029), 0034-0042) in the case where Y9 and Y10 of Chemical Formula 2 form a fused ring with Chemical Formula 1. As to claim 8, Kim B teaches moieties of Formula 1a-1f, corresponding to Chemical Formulae 1a-1f as recited (paras. 0043, 0044). While Kim B does not explicitly name this as EDG, it is the same structure, and therefore deemed to have the same property. As to claim 10, Kim B teaches that the compound of the electron transporting layer may be the same as material for the lifetime enhancement layer (para. 0072). As to claim 11, Kim B teaches that the compound of the electron injection layer may be the same as the material for the lifetime enhancement layer (para. 0072). As to claim 12, Kim B teaches depositing LiF as electron transport layer or electron injection layer (claim 15). As to claim 13, Kim B teaches the device may have the recited organic membrane (film) to block excitons and electrons between hole transporting layer and emission layer (para. 0075). As to claim 14, Kim B teaches the recited amount of dopant in the emission layer (para. 0076). As to claim 15, Kim B teaches the plurality of light emitting layers between hole transport and electron transport layer to provide mixed color (para. 0079). As to claim 16, Kim B teaches a plurality of light emitting layers between electron transport and hole transport layer that may be the same (homogeneous) or different (heterogeneous) materials to provide a mixed color when voltage applied (para. 0079). Double Patenting Claims 1-8 and 10-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-8, 12-16, 18, and 19 of U.S. Patent No. 9,543,538 in view of US 2016/0372683 (“Tanimoto”). As to claims 1-8, 13, and 16, patented claim 1 recites an organic light emitting (electroluminescent) device comprising a positive electrode (anode), negative electrode (cathode), at least one organic material layer, the layers comprising a hole injection layer, hole transport layer, an emission (light emitting) layer of a host and dopant, an electron transport layer, and lifetime enhancement layer, the lifetime enhancement layer having a bipolar compound having an EDG and EWG group, and the four recited conditions. Patented claim 1 recites Formula 1 having the same structure as Chemical Formula 1 required by claim 5. While not explicitly stating this is an EDG group, it has the same structure, and therefore presumed to incorporate an EDG. Patented claim 2 recites the light emission of the emitting layer required by claim 2. Patented claim 3 recites the characteristics required by claim 3. Patented claim 4 recites the characteristics required by claim 4. Patented claim 6 recites the structures required by claim 6. Patented claim 7 recites the structure that is a condensed ring of Chemical Formula 1 with Formula 2, which meets Chemical Formula 2 as required by claim 7 for the case where Y9 and Y10 form the fused ring structure with Formula 1. Patented claim 8 recites Formula 1a-1f corresponding to Chemical Formula 1a-1f as required by claim 8. Patented claim 12 recites an alkali metal complex as the electron injection or transport layer, and is equivalent to being codeposited thereon. Patented claim 13 recites the organic film required by claim 13. Patented claim 14 recites the dopant amount required by claim 14. Patented claims 15 and 16 recite the additional features of claims 15 and 16. Patented claim 1 recites a compound structure that may include numerous heteroaryl groups, but does not recite the required EWG moieties. Kim B is not limited to the specific heteroaryl groups. Tanimoto teaches bipolar compounds having EDG and EWG for electroluminescent devices, and teaches that isoindole groups (that is, the first recited formula for EWG) are suitable as an electron withdrawing group (para. 0291). As such, given the teachings of Tanimoto, it would be obvious to a person of ordinary skill in the art to modify the device of patented claims 1-8, 13, and 16, including using a recited EWG, as Tanimoto teaches the suitability of azaindole group as an EWG in a bipolar compound. As to claim 10, patented claim 18 recites an organic light emitting (electroluminescent) device comprising a positive electrode (anode), negative electrode (cathode), at least one organic material layer, the layers comprising a hole injection layer, hole transport layer, an emission (light emitting) layer of a host and dopant, an electron transport layer, and lifetime enhancement layer, the lifetime enhancement layer having a bipolar compound having an EDG and EWG group, and the four recited conditions. Patented claim 18 recites that the electron transporting layer and lifetime enhancement layer comprise the same compound. Patented claim 18 recites a compound structure that may include numerous heteroaryl groups, but does not recite the required EWG moieties. Tanimoto teaches bipolar compounds having EDG and EWG for electroluminescent devices, and teaches that isoindole groups (that is, the first recited formula for EWG) are suitable as an electron withdrawing group (para. 0291). As such, given the teachings of Tanimoto, it would be obvious to a person of ordinary skill in the art to modify the device of patented claim 18, including using a recited EWG, as Tanimoto teaches the suitability of azaindole group as an EWG in a bipolar compound, thereby arriving at the invention of claim 10. As to claim 11, patented claim 19 recites an organic light emitting (electroluminescent) device comprising a positive electrode (anode), negative electrode (cathode), at least one organic material layer, the layers comprising a hole injection layer, hole transport layer, an emission (light emitting) layer of a host and dopant, an electron transport layer, and lifetime enhancement layer, the lifetime enhancement layer having a bipolar compound having an EDG and EWG group, and the four recited conditions. Patented claim 19 recites that the electron transporting layer and lifetime enhancement layer comprise the same compound. Patented claim 19 recites a compound structure that may include numerous heteroaryl groups, but does not recite the required EWG moieties. Tanimoto teaches bipolar compounds having EDG and EWG for electroluminescent devices, and teaches that isoindole groups (that is, the first recited formula for EWG) are suitable as an electron withdrawing group (para. 0291). As such, given the teachings of Tanimoto, it would be obvious to a person of ordinary skill in the art to modify the device of patented claim 19, including using a recited EWG, as Tanimoto teaches the suitability of azaindole group as an EWG in a bipolar compound, thereby arriving at the invention of claim 11. Allowable Subject Matter Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Kim B, in view of Tanimoto or the previously cited Lee, do not provide sufficient rationale to arrive at the compound having both the recited EDG and EWG of claim 9. Response to Arguments Applicant’s arguments with respect to claim(s) 1-8 and 10-16 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KREGG T BROOKS whose telephone number is (313)446-4888. The examiner can normally be reached Monday to Friday 9 am to 5:30 pm. 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, Arrie Reuther can be reached at (571)270-7026. 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. /KREGG T BROOKS/ Primary Examiner, Art Unit 1764
Read full office action

Prosecution Timeline

Jun 12, 2024
Application Filed
Dec 23, 2025
Non-Final Rejection mailed — §102, §103
Mar 23, 2026
Response Filed

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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
57%
Grant Probability
58%
With Interview (+1.8%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 714 resolved cases by this examiner. Grant probability derived from career allowance rate.

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