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 .
Priority
The instant application is a 35 USC 371 National Stage filing of International Application PCT/CN2023/102979, filed June 28, 2023, which claims priority under 35 USC 119(a)-(d) from Chinese Applications CN202310426386.1 and CN202210844394.3, filed April 20, 2023 and July 19, 2022, respectively.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 11, 2024 was in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the IDS document was considered and a signed copy of the 1449 form is attached.
Status of Claims
Currently, claims 1-13 and 15-19 are pending and under consideration herein
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.
It is noted that with respect to the rejection below, for the purposes of determining if a reference is a “printed publication” for the purposes of 102(a)(1), MPEP 2128 states the following:
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Specifically regarding electronic publications, such as online databases, as prior art the following is noted:
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750
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where “prior art disclosures…on an on-line database are considered to be publicly available as of the date the item was publicly posted.” Since the database entries below list the dates that the compounds were entered into the on-line database, the compounds were made publicly available as of those dates in the citation, and the claims are anticipated.
Claim(s) 1-5 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the STN Registry database entry for CAS RN 2416878-97-0, which has an entry date of 19 May 2020.
Since the entry date represents the date that the compound entered a publicly available database on STN, this represents the date that each compound was made accessible to the public.
The STN Registry database entry listed above discloses the compound
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405
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which reads on the formula (A) where Cy1 and Cy2 are each phenyl and each of R1-R4 is H. Since the compound disclosed in the prior art has the same structure as the instantly claimed compound, and the compound itself reads on the claimed “organic electroluminescent material” each and every required element of the claim is taught and the claim is anticipated.
Claim(s) 1-4, 6-11, 13 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN111253421 (“the ‘421 publication”).
The ‘421 publication teaches an organic electroluminescent device using polycyclic aromatic compounds of the formula A-3, for example:
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481
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In particular, the prior art teaches the following as compound 162:
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161
157
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. The compound reads on Formula (A) where one of Cy1 and Cy2 is phenyl substituted by t-butyl and the other is unsubstituted benzofuran or a furanyl ring where the R3 or R4 substituent is connected to an aromatic ring skeleton by a single bond to form a phenyl ring. Each of R1 and R2 is t-butyl. The ‘421 publication discloses that the structure of the organic layer may include a light emitting layer comprising the organic compounds disclosed therein (see claim 4). The reference further discloses that the organic electroluminescent devices may be used in a display or lighting system such as a flat panel display or flexible display (see paragraph before synthesis examples). Since the compound disclosed in the prior art has the same structure as the instantly claimed compound, each and every required element of the claim is taught and the claim is anticipated.
Claim(s) 1-5, 12-13 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN112210368 (“the ‘368 publication”).
The ‘368 publication teaches an organic electroluminescent device using polycyclic aromatic compounds of the formula (1):
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(see Abstract). In particular, the prior art teaches the following as compound 1-167 and 1-170:
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137
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. The compounds reads on Formula (A) where Cy1 and Cy2 are each phenyl where R3 and R4 are each t-butyl or phenyl; or Cy1 and Cy2 are biphenyl where all of R1-R4 are each H. The ‘368 publication discloses that the organic compound is used for forming a light-emitting layer and that the organic electroluminescent element forms a display device or lighting device (see Abstract). Since the compound disclosed in the prior art has the same structure as the instantly claimed compound, each and every required element of the claim is taught and the claim is anticipated.
Conclusion
No claims are allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia L. Otton whose telephone number is (571)270-7683. The examiner can normally be reached on Monday - Thursday, 8:00-6:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Fereydoun Sajjadi can be reached on 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALICIA L OTTON/Primary Examiner, Art Unit 1699
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