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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/02/2025 has been entered.
Response to Amendment
The amendment of 07/02/2025 has been entered.
Disposition of claims:
Claims 2, 4-6, 12-13, 16-19, and 29-30 have been canceled.
Claims 1, 3, 7-11, 14-15, 20-28, and 31-32 are pending.
Claims 1, 8, and 10 have been amended.
The amendments of claims 1, 8, and 10 have overcome:
the rejections of claims 1, 3, 7-11, 14-15, 20-26, and 31-32 under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 2014/0367662 A1, hereafter Inoue) in view of Ho et al. (“Red to near-infrared organometallic phosphorescent dyes for OLED applications”, J. Organometallic Chem. 2014, vol. 751, page 261-285, hereafter Ho), as evidenced by Weyer et al. (a screen capture to show the Abstract of Appl. Spectroscopy Rev. 1985, vol. 21, page 1-43 by L. G. Weyer, web page address = https://www.tandfonline.com/doi/abs/10.1080/05704928508060427, hereafter Weyer),
the rejections of claims 27-28 under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 2014/0367662 A1) in view of Ho et al. (“Red to near-infrared organometallic phosphorescent dyes for OLED applications”, J. Organometallic Chem. 2014, vol. 751, page 261-285), as applied to claims 1, 3, 7-11, 14-15, 20-26, and 31-32 above, further in view of Kawakami et al. (US 2009/0015140 A1, hereafter Kawakami),
the rejections of claims 1, 3, 7-11, 14-15, 20-24, and 31-32 under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 2014/0367662 A1) in view of Yoo et al. (US 2019/0062357 A1, hereafter Yoo), and
the rejections of claims 25-28 under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 2014/0367662 A1) in view of Yoo et al. (US 2019/0062357 A1), as applied to claims 1, 3, 7-11, 14-15, 20-24, and 31-32 above, further in view of Kawakami et al. (US 2009/0015140 A1) set forth in the last Office Action.
The rejection has been withdrawn.
Response to Arguments
Applicant’s arguments see page 10-12 of the reply filed 07/02/2025 regarding the rejections of claims 1, 3, 7-11, 14-15, 20-26, and 31-32 under 35 U.S.C. 103 as being unpatentable over Inoue/Ho, the rejections of claims 27-28 under 35 U.S.C. 103 as being unpatentable over Inoue/Ho/Kawakami, the rejections of claims 1, 3, 7-11, 14-15, 20-24, and 31-32 under 35 U.S.C. 103 as being unpatentable over Inoue/Yoo, and the rejections of claims 25-28 under 35 U.S.C. 103 as being unpatentable over Inoue/Yoo/Kawakami set forth in the Office Action of 04/02/2025 have been considered.
Applicant argues that Inoue teaches away the amendment reciting “a maximum peak in a PL spectrum of the exciplex is on a higher-energy-side than a peak of a lowest-energy-side absorption band in an absorption spectrum of the light-emitting organic compound” such that the amended claims would not have been obvious over the cited references.
Inoue teaches that the emission spectrum of the exciplex overlaps with the absorption spectrum of the phosphorescent compound and the peak of the emission spectrum of the exciplex has a longer wavelength than the peak of the absorption spectrum of the phosphorescent compound ([0114]). Thus, an ordinary skill in the art would look for a combination of exciplex hosts and an NIR organometallic compound to satisfy the condition that the maximum peak of the PL spectrum of an exciplex overlaps with the peak of a lowest-energy-side absorption band of an organometallic compound on the lower energy side (i.e. equivalent to longer wavelength) of the absorption peak, based on the teaching of Inoue ([0114]).
This is in contrast to the instant amendment requiring a combination of exciplex hosts and an NIR organometallic compound wherein the maximum peak of the PL spectrum of an exciplex overlaps with the peak of a lowest-energy-side absorption band of an organometallic compound on the higher energy side (i.e. equivalent to shorter wavelength) of the absorption peak.
For at least this reason, the rejections are withdrawn. However, the reference of Yoo is still applicable to teach the inventive complex. New grounds of rejection are applied using Ishisone et al. (US 2015/0333283 A1) as a primary reference.
Ishisone discloses a light emitting device comprising a first electrode, a first light emitting layer, a second light emitting layer, and a second electrode, wherein the second light emitting layer comprises a second host material and a second light emitting material which is a phosphorescent material ([0007], [0045], Fig. 1A).
Ishisone teaches that the second light emitting layer may further contains an additive which can form an exciplex together with the second host material ([0054]). Ishisone exemplifies 2mDBTBPDBq-II and PCBBiF as the exciplex material (i.e. the second light emitting material and the additive) of the second light emitting layer ([0141], Table 2, [0145], Table 3).
Ishisone does not disclose a specific second light emitting device whose maximum peak wavelength of the emission spectrum is in the range of 750 nm to 900 nm; however, Ishisone does teach that the second light emitting material can be an Ir complex ([0052]). Ishisone further teaches that there is no limitations on the emission colors of the first and the second light emitting materials, and they can be same or different ([0055]).
Yoo discloses a near-infrared (NIR) emitting organometallic compound (Formula 1 in [0008]-[0025], [0037]) used for a light emitting device ([0002], [0026]). Yoo exemplifies Compound 8 ([0119]).
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Yoo teaches that the light emitting device comprising Compound 8 of Yoo provides low driving voltage, high efficiency, and long lifetime, and enable to emit longer wavelength light ([0362]-[0363]).
Thus, it would have been obvious to one of ordinary skill in the art to have modified the light emitting device of Ishisone by incorporating the Compound 8 of Yoo as the second light emitting material.
The modification provides the Light emitting device of Ishisone as modified by Yoo comprising a first light emitting layer comprising a fluorescent emitter, and a second light emitting layer containing 2mDBTBPDBq-II, PCBBiF, and Compound 8 of Yoo (dopant, 5 wt%).
While the Light emitting device of Ishisone as modified by Yoo has two light emitting layers, the emission color of the first light emitting layer can be same as that of the second light emitting layer as taught by Ishisone ([0055]); thus, the overall emission spectrum including at least the main emission peak of the light emitting device should be similar as the main emission peak of a light emitting device having a single light emitting layer containing 2mDBTBPDBq-II, PCBBiF, and Compound 8 of Yoo, otherwise same.
New grounds of rejection over Ishisone in view of Yoo are applied.
Similarly, a new teaching reference by Borek et al. (Angew. Chem. Int. Ed. 2007, vol. 46, page 1109-1112) in combination with Ishisone is used to make new grounds of rejection.
Borek discloses a near-infrared (NIR) emitting organometallic compound Pt(tpbp) (Fig. 1) used for a light emitting device (page 1110, col. 2).
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Borek teaches that the compound of Borek provides high EQE, lifetime, and efficiency (page 1111, col. 2)
Thus, it would have been obvious to one of ordinary skill in the art to have modified the light emitting device of Ishisone by incorporating the Pt(tpbp) of Borek as the second light emitting material, as taught by Ishisone and Borek.
The light emitting layer materials of PCBBiF, 2mDBTBPDBq-II, and Pt(tpbp) in the Light emitting device of Ishisone as modified by Borek have each identical structure as the first organic compound (PCBBiF) and the second organic compound (2mDBTBPDBq-II) in the specific embodiment of the instant disclosure (Device 1 in [0219]-[0220], Table 1). Furthermore, the light emitting material (Pt(tpbp) of Borek) of the light emitting device of Ishisone as modified by Borek has identical structure as the specific embodiment of the instant disclosure (tetraphenyltetrabenzo porphyrin platinum (II) in [0128]).
New grounds of rejection over Ishisone in view of Borek are applied.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1, 3, 7-11, 14-15, 20-28, and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Ishisone et al. (US 2015/0333283 A1, hereafter Ishisone) in view of Yoo et al. (US 2019/0062357 A1, hereafter Yoo).
Regarding claims 1, 3, 7-11, 14-15, 20-28, and 31-32, Ishisone discloses a light emitting device comprising a first electrode, a first light emitting layer, a second light emitting layer, and a second electrode, wherein the second light emitting layer comprises a second host material and a second light emitting material which is a phosphorescent material ([0007], [0045], Fig. 1A).
Ishisone teaches that the second light emitting layer may further contains an additive which can form an exciplex together with the second host material ([0054]). Ishisone exemplifies 2mDBTBPDBq-II and PCBBiF as the exciplex material (i.e. the second light emitting material and the additive) of the second light emitting layer ([0141], Table 2, [0145], Table 3).
Ishisone does not disclose a specific second light emitting device whose maximum peak wavelength of the emission spectrum is in the range of 750 nm to 900 nm; however, Ishisone does teach that the second light emitting material can be an Ir complex ([0025]). Ishisone further teaches that there is no limitation on the emission colors of the first and the second light emitting materials, and they can be same or different ([0055]). Ishisone teaches the doping concentration of the second light emitting material being 5 wt% (Table 2).
Yoo discloses a near-infrared (NIR) emitting organometallic compound (Formula 1 in [0008]-[0025], [0037]) used for a light emitting device ([0002], [0026]). Yoo exemplifies Compound 8 ([0119]).
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Yoo teaches that the light emitting device comprising Compound 8 of Yoo provides low driving voltage, high efficiency, and long lifetime, and enable to emit longer wavelength light ([0362]-[0363]).
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the light emitting device of Ishisone by incorporating the Compound 8 of Yoo as the second light emitting material with the doping concentration of 5 wt%, as taught by Ishisone and Yoo.
The motivation of doing so would have been to provide a NIR emitting light emitting device with low driving voltage, high efficiency, and long lifetime, based on the teaching of Yoo.
Furthermore, the modification would have been a combination of prior art elements according to known material to achieve predictable results. See MPEP 2143(I)(A). The substitution of the Ir complexes as the second light emitting material would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B).
The modification provides the Light emitting device of Ishisone as modified by Yoo comprising a first electrode, a first light emitting layer, a second light emitting layer containing 2mDBTBPDBq-II, PCBBiF, and Compound 8 of Yoo (dopant, 5 wt%), and a second electrode.
The Light emitting device of Ishisone as modified by Yoo reads on the claimed limitations above but fails to teach the claimed properties of the device:
1) a maximum peak wavelength of the first peak in an emission spectrum is in 750 nm to 900 nm (claim 1),
2) the first peak has higher intensity than the second peak by a range of 10 times to 10000 times (claims 10 and 11),
3) a difference between a single excitation energy level (S1) and a triplet excitation energy level (T1) of the host material is <= 0.2 eV (claim 3),
4) the host material exhibits thermally activated delayed fluorescence (TADF) (claim 14),
5) the HOMO level of the first organic compound is higher than the HOMO level of the second organic compound and a difference between the HOMO of the first organic compound and the LUMO of the second organic compound is 1.90 eV to 2.75 eV (claim 1),
6) the first organic compound and the second organic compound form an exciplex, wherein the exciplex exhibits TADF (claims 1, 7, and 15),
7) an energy of a maximum peak in a PL spectrum of the host material is higher than an energy of a peak of a lowest energy side absorption band in an absorption spectrum of the light emitting organic compound by 0.2 eV or more (claims 1, and 8-9),
8) the light emitting device is configured to emit both visible light and near-infrared light (claims 1 and 8),
9) an energy of the second peak is higher than an energy of a peak of the lowest energy side absorption band in an absorption spectrum by 0.35 eV (claim 10),
10) a rising wavelength of a maximum peak on a short wavelength side in the emission spectrum is greater than or equal to 650 nm (claims 21 and 31-32), and a rising wavelength of a maximum peak on a short wavelength side in a PL spectrum of the light-emitting organic compound in a solution is greater than or equal to 650 nm (claim 22),
11) external quantum efficiency is greater than or equal to 1% (claim 23),
12) CIE chromaticity coordinates (x1, y1) at a first radiance and CIE chromaticity coordinates (c2, y2) at a second radiance satisfy one or both of x1>x2 and y1>y2 (claim 24).
It is reasonable to presume that the Light emitting device of Ishisone as modified by Yoo inherently possesses the claimed properties 1) through 12).
Support for said presumption is found in the use of like materials which result in the claimed property.
The instant specification discloses in one embodiment of the invention that:
1) a maximum peak wavelength of the first peak in an emission spectrum is in 750 nm to 900 nm, the emission spectrum further comprises a second peak at a wavelength of 450 nm to 650 nm ([0010], [0019], [0240], Figs. 6-7),
2) the first peak has higher intensity than the second peak by a range of 10 times to 10000 times ([0010], [0019], [0240], Figs. 6-7),
3) a difference between a single excitation energy level (S1) and a triplet excitation energy level (T1) of the host material is <= 0.2 eV ([0016]),
4) the host material exhibits thermally activated delayed fluorescence (TADF) ([0011], [0017]),
5) the HOMO level of the first organic compound is higher than the HOMO level of the second organic compound and the HOMO of the first organic compound and the LUMO of the second organic compound is 1.90 eV to 2.75 eV ([0012], [0020], [0249]),
6) the first organic compound and the second organic compound form an exciplex, wherein the exciplex exhibits TADF ([0012], [0018]),
7) an energy of a maximum peak in a PL spectrum of the host material is higher than an energy of a peak of a lowest energy side absorption band in an absorption spectrum of the light emitting organic compound by 0.2 eV or more ([0013], [0018], Figs. 8 and 12),
8) the light emitting device is configured to emit both visible light and near-infrared light ([0013], Figs. 6-7),
9) an energy of the second peak is higher than an energy of a peak of the lowest energy side absorption band in an absorption spectrum by 0.35 eV ([0014], Figs. 6-7 and 12),
10) a rising wavelength of a maximum peak on a short wavelength side in the emission spectrum is greater than or equal to 650 nm ([0022], Figs. 6-7), and a rising wavelength of a maximum peak on a short wavelength side in a PL spectrum of the light-emitting organic compound in a solution is greater than or equal to 650 nm ([0023], Fig. 13),
11) external quantum efficiency is greater than or equal to 1% ([0024], [0244]),
12) CIE chromaticity coordinates (x1, y1) at a first radiance and CIE chromaticity coordinates (c2, y2) at a second radiance satisfy one or both of x1>x2 and y1>y2 ([0025], Fig. 15).
The light emitting layer materials of PCBBiF, 2mDBTBPDBq-II, and Compound 8 in the Light emitting device of Ishisone as modified by Yoo have each identical structure as the first organic compound (PCBBiF) and the second organic compound (2mDBTBPDBq-II) in the specific embodiment of the instant disclosure (Device 1 in [0219]-[0220], Table 1). Furthermore, the light emitting material (Compound 8 of You) of the light emitting device has substantially similar structure as the light emitting organic compound (Ir(dmdpbq)2(dpm)) of the specific embodiment of the instant disclosure (Device 1 in [0219]-[0220], Table 1).
Additionally, Yoo teaches that the light emitting device comprising the Compound 8 of Yoo as the only emitter of the device provides near-infrared light having maximum emission wavelength of 767.7 nm (Example 8 in Table 1).
While the Light emitting device of Ishisone as modified by Yoo has two light emitting layers, the emission color of the first light emitting layer can be same as that of the second light emitting layer as taught by Ishisone ([0055]); thus, the overall emission spectrum including the main emission peak of the light emitting device should be similar as the emission spectrum of a light emitting device containing a single light emitting layer containing PCBBiF, 2mDBTBPDBq-II, and Compound 8 of Yoo only, otherwise same.
Therefore, the Light emitting device of Ishisone as modified by Yoo inherently possesses the claimed properties 1) through 12), meeting all the limitations of claims 1, 3, 7-11, 14-15, 20-24, and 31-32.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the Light emitting device of Ishisone as modified by Yoo is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Ishisone in view of Yoo does not disclose a specific light emitting apparatus comprising the Light emitting device of Ishisone as modified by Yoo and a transistor.
Ishisone teaches that the light emitting device can be incorporated in a light emitting apparatus (a pixel portion, 402 in Fig. 4) with a transistor (411 in Fig. 4B) which is a part of a light emitting module (active matrix light emitting device in Fig. 4A and 4B and [0104]-[0105] and) which contains an integrated circuit (403 in Fig. 4B).
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the Light emitting device of Ishisone as modified by Yoo by incorporating it into the pixel of an active matrix light emitting device as taught by Ishisone and Yoo.
The modification would have been a combination of prior art elements according to known material to achieve predictable results. See MPEP 2143(I)(A). The substitution of the light emitting devices in the pixel of an active matrix light emitting device would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B).
The modification provides a light emitting apparatus (i.e. pixel) comprising the Light emitting device of Ishisone as modified by Yoo and a transistor, meeting all the limitations of claim 25.
The modification also provides Light emitting module (i.e. active matrix light emitting device) comprising the light emitting apparatus and an integrated circuit, meeting all the limitations of claim 26.
Ishisone in view of Yoo does not disclose a specific electronic device comprising the Light emitting module of Ishisone as modified by Yoo, and a speaker; however, Ishisone does teach that a light emitting device can be incorporated into an electronic device containing a housing (mobile phone in Fig. 6D).
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the Light emitting module of Ishisone as modified by Yoo by incorporating it into an electronic device, a mobile phone, as taught by Ishisone and Yoo.
The modification would have been a combination of prior art elements according to known material to achieve predictable results. See MPEP 2143(I)(A). The substitution of the light emitting modules in an electronic device would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B).
The modification provides Electronic device of Ishisone as modified by Yoo comprising the Light emitting module of Ishisone as modified by Yoo and a housing, meeting all the limitations of claim 27.
The Electronic device of Ishisone as modified by Yoo reads on a lighting device of the instant claim 28 because a mobile phone lights up (or illuminates) from at least the display part of the device. Furthermore, the Electronic device of Ishisone as modified by Yoo comprises the Light emitting apparatus of Ishisone as modified by Yoo and a housing, meeting all the limitations of claim 28.
Claims 1, 3, 7-11, 14-15, 20-28, and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Ishisone et al. (US 2015/0333283 A1) in view of Borek et al. (“Highly Efficient, Near-Infrared Electrophosphorescence from a Pt–Metalloporphyrin Complex”, Angew. Chem. Int. Ed. 2007, vol. 46, page 1109-1112, hereafter Borek).
Regarding claims 1, 3, 7-11, 14-15, 20-28, and 31-32, Ishisone discloses a light emitting device comprising a first electrode, a first light emitting layer, a second light emitting layer, and a second electrode, wherein the second light emitting layer comprises a second host material and a second light emitting material which is a phosphorescent material ([0007], [0045], Fig. 1A).
Ishisone teaches that the second light emitting layer may further contains an additive which can form an exciplex together with the second host material ([0054]). Ishisone exemplifies 2mDBTBPDBq-II and PCBBiF as the exciplex material (i.e. the second light emitting material and the additive) of the second light emitting layer ([0141], Table 2, [0145], Table 3).
Ishisone does not disclose a specific second light emitting device whose maximum peak wavelength of the emission spectrum is in the range of 750 nm to 900 nm; however, Ishisone does teach that the second light emitting material can be a Pt complex ([0052]). Ishisone further teaches that there is no limitation on the emission colors of the first and the second light emitting material, and they can be same or different ([0055]). Ishisone teaches the doping concentration of the second light emitting material being 5 wt% (Table 2).
Borek discloses a near-infrared (NIR) emitting organometallic compound Pt(tpbp) (Fig. 1) used for a light emitting device (page 1110, col. 2).
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Borek teaches that the compound of Borek provides high EQE, lifetime, and efficiency (page 1111, col. 2)
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the light emitting device of Ishisone by incorporating the Pt(tpbp) of Borek as the second light emitting material with the doping concentration of 5 wt%, as taught by Ishisone and Borek.
The motivation of doing so would have been to provide a NIR emitting light emitting device with high EQE, lifetime, and efficiency, based on the teaching of Borek.
Furthermore, the modification would have been a combination of prior art elements according to known material to achieve predictable results. See MPEP 2143(I)(A). The substitution of the Ir complexes as the second light emitting material would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B).
The modification provides the Light emitting device of Ishisone as modified by Borek comprising a first electrode, a first light emitting layer, a second light emitting layer containing 2mDBTBPDBq-II, PCBBiF, and Pt(tpbp) of Borek (dopant, 5 wt%), and a second electrode.
The Light emitting device of Ishisone as modified by Borek reads on the claimed limitations above but fails to teach the claimed properties of the device:
1) a maximum peak wavelength of the first peak in an emission spectrum is in 750 nm to 900 nm (claim 1),
2) the first peak has higher intensity than the second peak by a range of 10 times to 10000 times (claims 10 and 11),
3) a difference between a single excitation energy level (S1) and a triplet excitation energy level (T1) of the host material is <= 0.2 eV (claim 3),
4) the host material exhibits thermally activated delayed fluorescence (TADF) (claim 14),
5) the HOMO level of the first organic compound is higher than the HOMO level of the second organic compound and a difference between the HOMO of the first organic compound and the LUMO of the second organic compound is 1.90 eV to 2.75 eV (claim 1),
6) the first organic compound and the second organic compound form an exciplex, wherein the exciplex exhibits TADF (claims 1, 7, and 15),
7) an energy of a maximum peak in a PL spectrum of the host material is higher than an energy of a peak of a lowest energy side absorption band in an absorption spectrum of the light emitting organic compound by 0.2 eV or more (claims 1, and 8-9),
8) the light emitting device is configured to emit both visible light and near-infrared light (claims 1 and 8),
9) an energy of the second peak is higher than an energy of a peak of the lowest energy side absorption band in an absorption spectrum by 0.35 eV (claim 10),
10) a rising wavelength of a maximum peak on a short wavelength side in the emission spectrum is greater than or equal to 650 nm (claims 21 and 31-32), and a rising wavelength of a maximum peak on a short wavelength side in a PL spectrum of the light-emitting organic compound in a solution is greater than or equal to 650 nm (claim 22),
11) external quantum efficiency is greater than or equal to 1% (claim 23),
12) CIE chromaticity coordinates (x1, y1) at a first radiance and CIE chromaticity coordinates (c2, y2) at a second radiance satisfy one or both of x1>x2 and y1>y2 (claim 24).
It is reasonable to presume that the Light emitting device of Ishisone as modified by Borek inherently possesses the claimed properties 1) through 12).
Support for said presumption is found in the use of like materials which result in the claimed property.
The instant specification discloses in one embodiment of the invention that:
1) a maximum peak wavelength of the first peak in an emission spectrum is in 750 nm to 900 nm, the emission spectrum further comprises a second peak at a wavelength of 450 nm to 650 nm ([0010], [0019], [0240], Figs. 6-7),
2) the first peak has higher intensity than the second peak by a range of 10 times to 10000 times ([0010], [0019], [0240], Figs. 6-7),
3) a difference between a single excitation energy level (S1) and a triplet excitation energy level (T1) of the host material is <= 0.2 eV ([0016]),
4) the host material exhibits thermally activated delayed fluorescence (TADF) ([0011], [0017]),
5) the HOMO level of the first organic compound is higher than the HOMO level of the second organic compound and the HOMO of the first organic compound and the LUMO of the second organic compound is 1.90 eV to 2.75 eV ([0012], [0020], [0249]),
6) the first organic compound and the second organic compound form an exciplex, wherein the exciplex exhibits TADF ([0012], [0018]),
7) an energy of a maximum peak in a PL spectrum of the host material is higher than an energy of a peak of a lowest energy side absorption band in an absorption spectrum of the light emitting organic compound by 0.2 eV or more ([0013], [0018], Figs. 8 and 12),
8) the light emitting device is configured to emit both visible light and near-infrared light ([0013], Figs. 6-7),
9) an energy of the second peak is higher than an energy of a peak of the lowest energy side absorption band in an absorption spectrum by 0.35 eV ([0014], Figs. 6-7 and 12),
10) a rising wavelength of a maximum peak on a short wavelength side in the emission spectrum is greater than or equal to 650 nm ([0022], Figs. 6-7), and a rising wavelength of a maximum peak on a short wavelength side in a PL spectrum of the light-emitting organic compound in a solution is greater than or equal to 650 nm ([0023], Fig. 13),
11) external quantum efficiency is greater than or equal to 1% ([0024], [0244]),
12) CIE chromaticity coordinates (x1, y1) at a first radiance and CIE chromaticity coordinates (c2, y2) at a second radiance satisfy one or both of x1>x2 and y1>y2 ([0025], Fig. 15).
The light emitting layer materials of PCBBiF, 2mDBTBPDBq-II, and Pt(tpbp) in the Light emitting device of Ishisone as modified by Borek have each identical structure as the first organic compound (PCBBiF) and the second organic compound (2mDBTBPDBq-II) in the specific embodiment of the instant disclosure (Device 1 in [0219]-[0220], Table 1). Furthermore, the light emitting material (Pt(tpbp) of Borek) of the light emitting device has identical structure as the specific embodiment of the instant disclosure (i.e. tetraphenyltetrabenzo porphyrin platinum (II) in [0128]).
Additionally, Borek teaches that the HOMO and LUMO of the Pt(tpbp) are each -4.9 eV, and -2.5 eV (page 1110, col. 1). Borek teaches the peak of a lowest energy side absorption band is around 620 nm (Fig. 2). Borek teaches the maximum peak emission wavelength of the emission spectrum of a thin film of Pt(tpbp) is at around 775 nm (Fig. 3).
While the Light emitting device of Ishisone as modified by Borek has two light emitting layers, the emission color of the first light emitting layer can be same as that of the second light emitting layer as taught by Ishisone ([0055]); thus, the overall emission spectrum including the main emission peak of the light emitting device should be similar as the emission spectrum of a light emitting device containing a single light emitting layer containing PCBBiF, 2mDBTBPDBq-II, and Pt(tpbp) of Borek only, otherwise same.
Therefore, the Light emitting device of Ishisone as modified by Borek inherently possesses the claimed properties 1) through 12), meeting all the limitations of claims 1, 3, 7-11, 14-15, 20-24, and 31-32.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the Light emitting device of Ishisone as modified by Borek is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Ishisone in view of Borek does not disclose a specific light emitting apparatus comprising the Light emitting device of Ishisone as modified by Borek and a transistor.
Ishisone teaches that the light emitting device can be incorporated in a light emitting apparatus (a pixel portion, 402 in Fig. 4) with a transistor (411 in Fig. 4B) which is a part of a light emitting module (active matrix light emitting device in Fig. 4A and 4B and [0104]-[0105] and) which contains an integrated circuit (403 in Fig. 4B).
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the Light emitting device of Ishisone as modified by Borek by incorporating it into the pixel of an active matrix light emitting device as taught by Ishisone and Borek.
The modification would have been a combination of prior art elements according to known material to achieve predictable results. See MPEP 2143(I)(A). The substitution of the light emitting devices in the pixel of an active matrix light emitting device would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B).
The modification provides a light emitting apparatus (i.e. pixel) comprising the Light emitting device of Ishisone as modified by Borek and a transistor, meeting all the limitations of claim 25.
The modification also provides Light emitting module (i.e. active matrix light emitting device) comprising the light emitting apparatus and an integrated circuit, meeting all the limitations of claim 26.
Ishisone in view of Borek does not disclose a specific electronic device comprising the Light emitting module of Ishisone as modified by Borek, and a speaker; however, Ishisone does teach that a light emitting device can be incorporated into an electronic device containing a housing (mobile phone in Fig. 6D).
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the Light emitting module of Ishisone as modified by Borek by incorporating it into an electronic device, a mobile phone, as taught by Ishisone and Borek.
The modification would have been a combination of prior art elements according to known material to achieve predictable results. See MPEP 2143(I)(A). The substitution of the light emitting modules in an electronic device would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B).
The modification provides Electronic device of Ishisone as modified by Borek comprising the Light emitting module of Ishisone as modified by Borek and a housing, meeting all the limitations of claim 27.
The Electronic device of Ishisone as modified by Borek reads on a lighting device of the instant claim 28 because a mobile phone lights up (or illuminates) from at least the display part of the device. Furthermore, the Electronic device of Ishisone as modified by Borek comprises the Light emitting apparatus of Ishisone as modified by Borek and a housing, meeting all the limitations of claim 28.
Conclusion
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/SEOKMIN JEON/Primary Examiner, Art Unit 1786