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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 21-32 drawn to a compound having formula (1) and species B drawn to a compound using formulas (4) or (5), in the reply filed on 7/15/2026 is acknowledged.
Claims 1-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/15/2026.
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 21-32 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 21 recites the broad recitation “Y21, Y22, Y23, Y24, Y31, Y32, Y33, Y34, Y41, Y42, Y51 and Y52 each independently represent -CRY1= or a nitrogen atom, and RY1 represents a hydrogen atom or a substituent” in lines 16-17, and the claim also recites “in Formula (2), at least one of Y21, ..., or Y24 represents -CRs=, in Formula (3), at least one of Y31,..., or Y34 represents -CRs=, in Formula (4), at least one of Y41or Y42 represents -CRs=, and in Formula (5), at least one of Y51 or Y52 represents -CRs= where Rs represents an alkyl group which may have a substituent, an alkenyl group which may have a substituent, an alkynyl group which may have a substituent, an aryl group which may have a substituent, a heteroaryl group which may have a substituent, an alkoxy group which may have a substituent, an aryloxy group which may have a substituent, an amino group which may have a substituent, a silyl group which may have a substituent, a cyano group, or a halogen atom” in lines 18-26, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 22-32 are rejected on the same ground as claim 21 and for reciting the same issue as claim 21.
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.
Claim(s) 21-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gabrian et al. (“Exploring the Optoelectronic Properties of D-A and A-D-A 2,2’-bi[3,2-b]thienothiophene Derivatives”).
Regarding claim 21, Gabrian et al. discloses an A-D-A compound (see Chart 2) having a formula as claimed, wherein D
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represent a group represented by
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, which has the claimed formula (4), R1 and R2 each independently represent a hydrogen atom, and A1 and A2 each independently represent a group represented by
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or
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which has the claimed formula (A-1), and Y41 and Y42 each represented a -CRY1= with RY1 to be a substituent or -CRs= with Rs representing an alkoxy group.
In the formula (A-1) of
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or
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of Gabrian et al. having C1 represents a ring containing two or more carbon atoms, W1 represents an oxygen.
Regarding claim 22, Gabrian et al. discloses a compound as in claim 21 above, and teaches a RY1 representing an alkoxy group.
Regarding claim 23, Gabrian et al. discloses a compound as in claim 21 above, and teaches D represented by a group represented by formula (4-11) with X41 and X42 each independently representing a sulfur atom, Rs represents an alkoxy.
Regarding claim 24, Gabrian et al. discloses a compound as in claim 21 above, and teaches Rs representing an alkoxy of O-C6H13, which is an alkoxy group having 5 carbon atoms and having a substituent.
Regarding claim 25, Gabrian et al. discloses a compound as in claim 24 above, and teaches a choice of D or formula (4-11). The reference is deemed to be anticipatory for the instant claim since the instant claim recites the other choices.
Regarding claim 26, Gabrian et al. discloses a compound as in claim 21 above, and teaches W1 is an oxygen atom.
Regarding claim 27-29, Gabrian et al. discloses a compound as in claim 21 above, and teaches a choice of the claimed formula (A-1). See claim 21 above. The reference is deemed to be anticipatory for the instant claims since the instant claims recite the other choices of formula (A-1).
Regarding claim 30, Gabrian et al. discloses a compound as in claim 21 above, and teaches Rs representing an alkoxy of O-C6H13, which is an alkoxy group having 5 carbon atoms and having a substituent, e.g. C1 substituent.
Regarding claim 31, Gabrian et al. discloses a compound as in claim 24 above, and teaches D represents the group represented by formula (4-11) as claimed.
Regarding claim 32, Gabrian et al. discloses a compound as in claim 31 above, and teaches a choice of Rs (see explanation in claim 21 above). The reference is deemed to be anticipatory for the instant claim since the instant claim recites other choices of Rs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH-TRUC TRINH whose telephone number is (571)272-6594. The examiner can normally be reached 9:00am - 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at 5712721307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THANH-TRUC TRINH
Primary Examiner
Art Unit 1726
/THANH TRUC TRINH/Primary Examiner, Art Unit 1726
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