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 .
Response to Amendment
The Office acknowledges receipt on 6 December 2025 of Applicants’ amendments in which claims 1, 42, and 88 are amended.
Response to Arguments
Applicants’ arguments filed 6 December 2025 and in the first two paragraphs of page 11 regarding the section 112(a) written description rejections identified in the Office Communication dated 28 August 2025 have been fully considered and are persuasive in view of Applicants’ attached reference: Organic Electronics: Foundations to Applications; Stephen R. Forrest, Department of Electrical Engineering and Computer Science, Physics, and Material Science and Engineering, University of Michigan, Ann Arbor; Oxford University Press, 2020. Specifically, Applicants argued that page 48 of the attached reference provides supporting evidence that those of ordinary skill in the art would interpret a same emitter as having the same chemical composition. The Office will interpret the claims of this application accordingly.
Applicants’ arguments filed 6 December 2025 regarding the art-based rejections identified in the Office Communication dated 28 August 2025 have been fully considered and are not persuasive, for the reasons discussed below.
Applicants argue with respect to claim 1 (and similarly with respect to independent claims 42 and 88) in the penultimate paragraph of page 12 that Miller does not disclose or suggest having a (sic) first and second OLEDs with the same emitter with the same chemical composition. Claim 1 is rejected over the combined teachings of Miller, Conway, Levermore, and Ghosh and recites, in relevant part, “the first OLED and the second OLED have at least one same emitter with the same chemical composition.” One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. MPEP 2145(IV). As this principle applies to the present circumstance, Conway is cited for teaching the above-identified subject matter of claim 1, not Miller.
Applicants additionally argue with respect to claim 1 (and similarly with respect to independent claims 42 and 88) in the paragraph bridging pages 12 and 13 that Conway does not disclose or suggest a first OLED and a second OLED that have at least one same emitter with the same chemical composition, where the first OLED is configured to be separately driven from the second OLED. Claim 1 recites in relevant part: (1) “the first OLED and the second OLED have at least one same emitter with the same chemical composition” and (2) “the first OLED is configured to be separately driven from the second OLED.” Obviousness can be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so. MPEP §2143.01. As this principle applies to the present circumstance, Miller teaches in Fig. 2 the first OLED (126) is configured to be separately driven from the second OLED (124) {¶0029-0031, 0106}. And Conway teaches in Fig. 1 and the fourth paragraph of page 12 a first OLED (112) and a second OLED (212) that are stacked in a tandem configuration are arranged in the same manner and formed of the same materials. Conway further teaches in fifth paragraph of page 12 that the first OLED (112) and the second OLED (212) may be made using the same process. Still further, Conway teaches in the fourth through sixth paragraphs of page 2 that the first OLED (112) and the second OLED (212) are of identical construction and formed at the same time and … [thereafter] assembled by attaching the first and second light-emitting components to one another. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device based on the teachings of Conway – such that the first OLED and the second OLED have at least one same emitter with the same chemical composition – to be manufactured more quickly. Conaway, second paragraph of page 2. Moreover, such identical OLEDS may be made using fewer resources (e.g., same materials and process). Still further, such same emitter may be used to fabricate a light blue and a deep blue device [(e.g., different color OLEDS)], due to microcavity differences. Levermore ¶0086.
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 112-114 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.
Claim 112, lines 1 and 2, recites “the at least one same emissive material,” which is indefinite because it lacks a proper antecedent basis. For the purpose of compact prosecution, the claim will be interpreted to recite “the at least one same emitter.”
Claim 113, lines 1 and 2, recites “the at least one same emissive material,” which is indefinite because it lacks a proper antecedent basis. For the purpose of compact prosecution, the claim will be interpreted to recite “the at least one same emitter.”
Claim 114, lines 1 and 2, recites “the at least one same emissive material,” which is indefinite because it lacks a proper antecedent basis. For the purpose of compact prosecution, the claim will be interpreted to recite “the at least one same emitter.”
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, 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.
Claim(s) 1, 2, 4, 42, 44, 46, 50, 88, and 111-114 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US20060214596A1) in view of Conway et al. (GB2548161A), Levermore et al. (US20110233528A1), and Ghosh et al. (US20180269260A1).
Regarding claim 1, Miller teaches in Fig. 2 a device comprising:
a reflective electrode (122) {¶0029, 0110};
a first organic light emitting device (OLED) (126), wherein the reflective electrode (122) is disposed over the first OLED (126) {¶0029};
a partially reflective electrode (112), wherein the first OLED (126) is disposed over the partially reflective electrode (112) {¶0029, 0110};
a second OLED (124), wherein the partially reflective electrode (112) is disposed over the second OLED (124) {¶0029};
a first transparent electrode (102), wherein the second OLED (124) is disposed over the transparent electrode {¶0029, 0039, 0104}; and
a substrate (98), wherein the transparent electrode is disposed over the substrate (98) {¶0029},
wherein the first OLED (126) is configured to emit a first color light (green) and the second OLED (124) is configured to emit a second color light (blue) {¶0110},
wherein at least one of the partially reflective electrode (112) and the first transparent electrode (102) are configured to be independently addressable, and wherein the first OLED (126) is configured to be separately driven from the second OLED (124) {¶0029-0031, 0106}.
Miller does not teach wherein the first OLED and the second OLED have at least one same emitter with the same chemical composition.
In an analogous art, Conway teaches in Fig. 1 and the fourth paragraph of page 12 a first OLED (112) and a second OLED (212) that are stacked in a tandem configuration are arranged in the same manner and formed of the same materials. Conway further teaches in fifth paragraph of page 12 that the first OLED (112) and the second OLED (212) may be made using the same process. Still further, Conway teaches in the fourth through sixth paragraphs of page 2 that the first OLED (112) and the second OLED (212) are of identical construction and formed at the same time and … [thereafter] assembled by attaching the first and second light-emitting components to one another. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device based on the teachings of Conway – such that the first OLED and the second OLED have at least one same emitter with the same chemical composition – to be manufactured more quickly. Conaway, second paragraph of page 2. Moreover, such identical OLEDS may be made using fewer resources (e.g., same materials and process). Still further, such same emitter may be used to fabricate a light blue and a deep blue device [(e.g., different color OLEDS)], due to microcavity differences. Levermore ¶0086.
Miller as modified by Conway and Levermore does not teach wherein a difference between a 1931 CIEx value of the first color light and the second color light is at least one selected from the group consisting of: at least a 0.005 difference, at least a 0.010 difference, at least a 0.015 difference, at least a 0.020 difference, at least a 0.10 difference, at least a 0.15 difference, and less than a 0.20 difference.
In an analogous art, Ghosh teaches in Fig. 6D a green OLED having a 1931 CIEx value of 0.322 and a blue OLED having a 1931 CIEx value of 0.148. Ghosh’s green and blue OLEDs have a 931 CIEx value difference of 0.174, which is at least 0.005 and less than 0.2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway and Levermore based on the teachings of Ghosh – such that Ghosh’s green and blue OLEDs are substituted for Miller’s to thereby achieve a difference between a 1931 CIEx value of the first color light and the second color light that is at least one selected from the group consisting of: at least a 0.005 difference, at least a 0.010 difference, at least a 0.015 difference, at least a 0.020 difference, at least a 0.10 difference, at least a 0.15 difference, and less than a 0.20 difference – because such substitution would yield the predictable result of green and blue OLEDs (i.e., substituting green and blue OLEDS for green and blue OLEDS to yield green and blue OLEDs). MPEP §2143(I)(B). Moreover, substituting equivalents (i.e., substituting green OLED for green OLED and substituting blue OLED for blue OLED) known for the same purpose (e.g., OLED) would be obvious to a skilled artisan. MPEP §2144.06(II).
Regarding claim 2, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 1, and Miller further teaches wherein at least the first OLED (126) comprises a stacked device (114-120) including at least one emissive layer (118), wherein the stacked device (114-120) is independently addressable {¶0029-0031}.
Regarding claim 4, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 1, and Miller further teaches wherein at least one of the first OLED (126) and second OLED (124) emit with at least one selected from the group consisting of:
(i) a peak wavelength selected from the group consisting of: greater than 600 nm, greater than 610 nm, greater than 620 nm, and greater than 630 nm {Fig. 5; ¶0027, 0110}; and
(ii) a spectrum with a 1931 CIEx value of at least one selected from the group consisting of: 0.6, 0.65, and 0.7.
Examiner’s Note: Items (i) and (ii) are recited in the alternative; thus, only one of the alternative items is required by the claim.
Regarding claim 42, Miller teaches a device comprising:
a reflective electrode (122) disposed on a first organic light emitting device (OLED) {¶0029, 0110};
a first transparent electrode (112), wherein the first OLED (126) is disposed over the first transparent electrode (112) {¶0029, 0039};
a second OLED (124), wherein the first transparent electrode (112) is disposed over the second OLED (124) {¶0029};
a second transparent electrode (102), wherein the second OLED (124) is disposed over the second transparent electrode (102) {¶0029, 0039, 0104}; and
a substrate (98), wherein the second transparent electrode (102) is disposed over the substrate (98) {¶0029},
wherein the first OLED (126) is configured to emit a first color light (green) and the second OLED (124) is configured to emit a second color light (blue) {¶0110},
wherein at least one of the reflective electrode (122) and the first transparent electrode (112) are configured to be independently addressable, and wherein the first OLED (126) is configured to be separately driven from the second OLED (124) {¶0029-0031, 0106}.
Miller does not teach wherein the first OLED and the second OLED have at least one same emitter with the same chemical composition.
Conway teaches in Fig. 1 and the fourth paragraph of page 12 a first OLED (112) and a second OLED (212) that are stacked in a tandem configuration are arranged in the same manner and formed of the same materials. Conway further teaches in fifth paragraph of page 12 that the first OLED (112) and the second OLED (212) may be made using the same process. Still further, Conway teaches in the fourth through sixth paragraphs of page 2 that the first OLED (112) and the second OLED (212) are of identical construction and formed at the same time and … [thereafter] assembled by attaching the first and second light-emitting components to one another. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device based on the teachings of Conway – such that the first OLED and the second OLED have at least one same emitter with the same chemical composition – to be manufactured more quickly. Conaway, second paragraph of page 2. Moreover, such identical OLEDS may be made using fewer resources (e.g., same materials and process). Still further, such same emitter may be used to fabricate a light blue and a deep blue device [(e.g., different color OLEDS)], due to microcavity differences. Levermore ¶0086.
Miller as modified by Conway and Levermore does not teach wherein a difference between a 1931 CIEx value of the first color light and the second color light is at least one selected from the group consisting of: at least a 0.005 difference, at least a 0.010 difference, at least a 0.015 difference, at least a 0.020 difference, at least a 0.10 difference, at least a 0.15 difference, and less than a 0.20 difference.
Ghosh teaches in Fig. 6D a green OLED having a 1931 CIEx value of 0.322 and a blue OLED having a 1931 CIEx value of 0.148. Ghosh’s green and blue OLEDs have a 931 CIEx value difference of 0.174, which is at least 0.005 and less than 0.2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway and Levermore based on the teachings of Ghosh – such that Ghosh’s green and blue OLEDs are substituted for Miller’s to thereby achieve a difference between a 1931 CIEx value of the first color light and the second color light that is at least one selected from the group consisting of: at least a 0.005 difference, at least a 0.010 difference, at least a 0.015 difference, at least a 0.020 difference, at least a 0.10 difference, at least a 0.15 difference, and less than a 0.20 difference – because such substitution would yield the predictable result of green and blue OLEDs (i.e., substituting green and blue OLEDS for green and blue OLEDS to yield green and blue OLEDs). MPEP §2143(I)(B). Moreover, substituting equivalents (i.e., substituting green OLED for green OLED and substituting blue OLED for blue OLED) known for the same purpose (e.g., OLED) would be obvious to a skilled artisan. MPEP §2144.06(II).
Regarding claim 44, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 42, and Miller further teaches wherein at least the first OLED (126) comprises a stacked device (114-120) including at least one emissive layer (118), wherein the stacked device (114-120) is independently addressable {¶0029-0031}.
Regarding claim 46, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 42, and Miller further teaches wherein at least one of the first OLED (126) and second OLED (124) emit with at least one selected from the group consisting of:
(i) a peak wavelength selected from the group consisting of: greater than 600 nm, greater than 610 nm, greater than 620 nm, and greater than 630 nm {Fig. 5; ¶0027, 0110}; and
(ii) a spectrum with a 1931 CIEx value of at least one selected from the group consisting of: 0.6, 0.65, and 0.7.
Examiner’s Note: Items (i) and (ii) are recited in the alternative; thus, only one of the alternative items is required by the claim.
Regarding claim 50, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 42, and Miller further teaches wherein the first transparent electrode (112) and the second transparent electrode (102) are configured to be independently addressable, and wherein the first OLED (126) is configured to be separately driven from the second OLED (124) {¶0029-0031, 0106}.
Regarding claim 88, Miller teaches in Fig. 3 a device comprising:
a common substrate (140) {¶0104};
a first stack (212; Fig. 7; ¶0113) disposed over the common substrate (140) comprising:
a transparent electrode (102) or a partially reflective electrode (112) disposed over the common substrate (140) {¶0029, 0039, 0104};
a first segment (212) of a first organic light emitting device (OLED) (124) disposed over the first transparent electrode (102) {Fig. 7; ¶0105, 0113}; and
a reflective electrode (122) disposed over the first segment (212) of the first OLED (124) {¶0039, 0104}; and
a second stack (214; Fig. 7; ¶0113) disposed over the common substrate (140) and adjacent to the first stack (212), comprising:
a transparent electrode (102) or a partially reflective electrode (112) is disposed over the common substrate (140) {¶0029, 0039, 0104};
a second segment (214) of the first OLED (124) disposed over the transparent electrode (102) {¶0105}; and
a reflective electrode (122) disposed over the second segment (214) of the first OLED (124) {¶0039, 0104},
wherein the first segment (212) of the first OLED (124) is configured to emit a first color light (magenta) and the second segment (214) of the first OLED (124) is configured to emit a second color light (green) {¶0110; ¶0113, the second 214 and third 216 light-emitting elements shown consist of a bottom 124 and top 126 EL unit that emit green and magenta light; ¶0114, first 212 and fourth 218 light-emitting elements shown also consist of a bottom EL unit 124 that emits magenta light and a top EL unit 126 that emits green light}.
Miller does not teach wherein the first segment of the first OLED and the second segment of the first OLED have at least one same emitter with the same chemical composition.
Conway teaches in the fourth paragraph of page 12 that two OLEDs are arranged in the same manner and formed of the same materials. Conway further teaches in fifth paragraph of page 12 that the two OLEDs may be made using the same process. Still further, Conway teaches in the fourth through sixth paragraphs of page 2 that the two OLEDs are of identical construction and formed at the same time. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device based on the teachings of Conway – such that the first segment of the first OLED and the second segment of the first OLED have at least one same emitter with the same chemical composition – to be manufactured more quickly. Conaway, second paragraph of page 2. Moreover, such identical OLEDS may be made using fewer resources (e.g., same materials and process). Still further, such same emitter may be used to fabricate a light blue and a deep blue device [(e.g., different color OLEDS)], due to microcavity differences. Levermore ¶0086.
Miller as modified by Conway and Levermore does not teach wherein a difference between a 1931 CIEx value of the first color light and the second color light is at least one selected from the group consisting of: at least a 0.005 difference, at least a 0.010 difference, at least a 0.015 difference, at least a 0.020 difference, at least a 0.10 difference, at least a 0.15 difference, and less than a 0.20 difference.
Ghosh teaches in Fig. 6D a green OLED having a 1931 CIEx value of 0.322 and a blue OLED having a 1931 CIEx value of 0.148. Ghosh’s green and blue (e.g., magenta) OLEDs have a 931 CIEx value difference of 0.174, which is at least 0.005 and less than 0.2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway and Levermore based on the teachings of Ghosh – such that Ghosh’s green and blue OLEDs are substituted for Miller’s to thereby achieve a difference between a 1931 CIEx value of the first color light and the second color light that is at least one selected from the group consisting of: at least a 0.005 difference, at least a 0.010 difference, at least a 0.015 difference, at least a 0.020 difference, at least a 0.10 difference, at least a 0.15 difference, and less than a 0.20 difference – because such substitution would yield the predictable result of green and blue OLEDs (i.e., substituting green and blue OLEDS for green and blue OLEDS to yield green and blue OLEDs). MPEP §2143(I)(B). Moreover, substituting equivalents (i.e., substituting green OLED for green OLED and substituting blue OLED for blue OLED) known for the same purpose (e.g., OLED) would be obvious to a skilled artisan. MPEP §2144.06(II).
Regarding claim 111, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 1, and Miller further teaches wherein the device is at least one type selected from the group consisting of: a flat panel display, a curved display, a computer monitor, a medical monitor, a television, a billboard, a light for interior or exterior illumination and/or signaling, a heads-up display, a fully or partially transparent display, a flexible display, a rollable display, a foldable display, a stretchable display, a laser printer, a telephone, a cell phone, tablet, a phablet, a personal digital assistant (PDA), a wearable device, a laptop computer, a digital camera, a camcorder, a viewfinder, a micro-display that is less than 2 inches diagonal, a 3-D display, a virtual reality or augmented reality display, a vehicle, an external automotive light, an automotive brake light, an automotive rear light, a video walls comprising multiple displays tiled together, a theater or stadium screen, and a sign {¶0001; [t]he present invention relates to the structure and manufacture of flat-panel, light-emitting displays}.
Regarding claim 112, as interpreted in view of the indefiniteness rejection, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 1, and Miller further teaches where the at least one same emitter (emitter of modified 126, 124) is selected from the group consisting of: a phosphorescent emissive material, a fluorescent emissive material, and a combination thereof {¶0080, the first and second EL units 124 and 126 include a … fluorescent material}.
Regarding claim 113, as interpreted in view of the indefiniteness rejection, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 42, and Miller further teaches where the at least one same emitter (emitter of modified 126, 124) is selected from the group consisting of: a phosphorescent emissive material, a fluorescent emissive material, and a combination thereof {¶0080, the first and second EL units 124 and 126 include a … fluorescent material}.
Regarding claim 114, as interpreted in view of the indefiniteness rejection, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 88, and Miller further teaches where the at least one same emitter (emitter of modified 126, 124) is selected from the group consisting of: a phosphorescent emissive material, a fluorescent emissive material, and a combination thereof {¶0080, the first and second EL units 124 and 126 include a … fluorescent material}.
Claim(s) 8 and 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Conway, Levermore, and Ghosh as applied to claim 1 (for claim 8) and claim 42 (for claim 49) respectively above, and further in view of Forrest et al. (US20100187988A1) and Yamamoto et al. (US20160181560A1).
Regarding claim 8, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 1, and Miller further teaches wherein the first OLED (126) is configured to emit light at a different peak wavelength than the second OLED (124) {Fig. 5; ¶0110, 0111}.
But Miller does not teach wherein a difference between the peak wavelength of light emitted from the first OLED and the second OLED is selected from the group consisting of: less than 3 nm, less than 5 nm, less than 10 nm, less than 15 nm, less than 20 nm, less than 30 nm, and less than 50 nm.
In an analogous art, Forrest teaches in Fig. 16 and paragraph [0098] a multicolor LED device including the stacking of up to N individual LEDs, where N is an integer number 1, 2, 3 . . . N. Forrest further teaches in this same material that shorter wavelength (blue) devices must lie lower in the stack than the longer wavelength (red) devices to avoid optical absorption by the red emitting layers, indicating that adjacent emission layers may emit light of the same color. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, and Ghosh based on the teachings of Forrest – such that Miller’s device includes adjacent emission layers that emit light of the same color – for the purpose of increasing the luminance of light having a particular color or increasing the reliability (through redundancy) for emitting light of the particular color. Moreover, [t]he selection of a known … [structure] based on its suitability for its intended use [is] … prima facie obviousness. MPEP §2144.07. A natural consequence of modifying Miller’s device such that two emission layers emit light of the same color is that the wavelengths of such two-same colors are also the same (e.g., less than 50 nm difference between the wavelengths of the same color).
Moreover, in an analogous art, Yamamoto teaches in paragraph [0044] that two emissive layers are considered to emit the same color if the difference in emission peaks of the two layers is less than 5 nm, 8 nm, 11 nm, 12 nm, 13 nm, 14 nm, 15 nm, 20 nm, 25 nm, 30 nm, 40 nm, or 50 nm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, Ghosh, and Forrest based on the teachings of Yamamoto – such that a difference between the peak wavelength of the same-color light emitted from the first OLED and the second OLED is selected from the group consisting of: less than 3 nm, less than 5 nm, less than 10 nm, less than 15 nm, less than 20 nm, less than 30 nm, and less than 50 nm because [t]he selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. MPEP §2144.07.
Still further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, Ghosh, and Forrest based on the teachings of Yamamoto – such that Miller’s device includes adjacent emission layers that emit light of the same color wherein a difference between the peak wavelength of light emitted from the first OLED and the second OLED is selected from the group consisting of: less than 3 nm, less than 5 nm, less than 10 nm, less than 15 nm, less than 20 nm, less than 30 nm, and less than 50 nm – for the purpose of increasing the luminance across a wider bandwidth of light having a particular color.
Regarding claim 49, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 42, and Miller further teaches wherein the first OLED (126) is configured to emit light at a different peak wavelength than the second OLED (124) {Fig. 5; ¶0110, 0111}.
Miller does not teach wherein a difference between the peak wavelength of light emitted from the first OLED and the second OLED is selected from the group consisting of: less than 3 nm, less than 5 nm, less than 10 nm, less than 15 nm, less than 20 nm, less than 30 nm, and less than 50 nm.
Forrest teaches in Fig. 16 and paragraph [0098] a multicolor LED device including the stacking of up to N individual LEDs, where N is an integer number 1, 2, 3 . . . N. Forrest further teaches in this same material that shorter wavelength (blue) devices must lie lower in the stack than the longer wavelength (red) devices to avoid optical absorption by the red emitting layers, indicating that adjacent emission layers may emit light of the same color. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, and Ghosh based on the teachings of Forrest – such that Miller’s device includes adjacent emission layers emit light of the same color – for the purpose of increasing the luminance of light having a particular color or increasing the reliability for emitting light of the particular color. Moreover, [t]he selection of a known … [structure] based on its suitability for its intended use [is] … prima facie obviousness. MPEP §2144.07. A natural consequence of modifying Miller’s device such that two emission layers emit light of the same color is that the wavelengths of such two-same colors are also the same (e.g., less than 50 nm difference between the wavelengths of the same color).
Moreover, Yamamoto teaches in paragraph [0044] that two emissive layers are considered to emit the same color if the difference in emission peaks of the two layers is less than 5 nm, 8 nm, 11 nm, 12 nm, 13 nm, 14 nm, 15 nm, 20 nm, 25 nm, 30 nm, 40 nm, or 50 nm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, Ghosh, and Forrest based on the teachings of Yamamoto – such that a difference between the peak wavelength of the same-color light emitted from the first OLED and the second OLED is selected from the group consisting of: less than 3 nm, less than 5 nm, less than 10 nm, less than 15 nm, less than 20 nm, less than 30 nm, and less than 50 nm because [t]he selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. MPEP §2144.07.
Still further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, Ghosh, and Forrest based on the teachings of Yamamoto – such that Miller’s device includes adjacent emission layers that emit light of the same color wherein a difference between the peak wavelength of light emitted from the first OLED and the second OLED is selected from the group consisting of: less than 3 nm, less than 5 nm, less than 10 nm, less than 15 nm, less than 20 nm, less than 30 nm, and less than 50 nm – for the purpose of increasing the luminance across a wider bandwidth of light having a particular color.
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Conway, Levermore, and Ghosh as applied to claim 42 above, and further in view of Forrest.
Regarding claim 51, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 42, but Miller does not teach further comprising:
a third OLED, wherein the second transparent electrode is disposed over the third OLED; and
a third transparent electrode, wherein the third OLED is disposed over the third transparent electrode.
Forrest teaches in Fig. 16 and paragraph [0098] a multicolor LED device including the stacking of up to N individual LEDs, where N is an integer number 1, 2, 3 . . . N. Forrest further teaches in this same material that each of the N LEDs has an ITO layer disposed above and below the LED. Forrest teaches in paragraph [0047] that each of these ITO layers is both conductive and transparent and the ITO layer may constitute an electrode. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, and Ghosh based on the teachings of Forrest – such that Miller’s device includes a third OLED, wherein the first transparent electrode is disposed over the third OLED; and a second transparent electrode that is disposed over the substrate – for the purpose of increasing the number of different color LEDS or increasing the luminance of light of multiple LEDs having the same color. Moreover, [t]he selection of a known … [structure] based on its suitability for its intended use [is] … prima facie obviousness. MPEP §2144.07.
Claim(s) 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Conway, Levermore, and Ghosh as applied to claim 1 above, and further in view of Yoo et al. (US20210408395A1) and Lee et al. (US20220102660A1).
Regarding claim 21, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 1, but Miller does not teach further comprising:
at least one emissive layer of the first OLED or the second OLED is disposed at a distance within 20 nm of a multiple of ¼λ to the reflective electrode, where λ is the peak wavelength of the light to be emitted by emitter in the at least one emissive layer.
However, Miller teaches in Fig. 5 and paragraph [0111] that the peak wavelengths of the OLEDS occur at 450 nm, 530 nm, and 610 nm. One-fourth of the peak wavelength of the green light emitted by first OLED (126) is (530 nm/4) = 132.5 nm. Miller further teaches in Fig. 2 and paragraph [0029] that only a second electron transport layer (120) separates first OLED (126) from the reflective electrode (122).
In an analogous art, Yoo teaches in paragraph [0108] an electron transport layer having a thickness of 1 to 150 nm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, and Ghosh based on the teachings of Yoo – such that Miller’s electron transport layer, disposed between OLED 126 and reflective layer 122, has a thickness of 1 to 150 nm – because, when the electron transport layer thickness is in this range, the decrease of the electron transporting property may be prevented [and] …a problem of the increase in the driving voltage … may be prevented. Lee ¶0420. Moreover, [t]he selection of a known … [structure] based on its suitability for its intended use [is] … prima facie obviousness. MPEP §2144.07.
Further modifying Miller’s electron transport layer to have a thickness of between 112.5 nm and 150 nm, based on the teachings of Yoo, would have been obvious because [i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP §2144.05(I).
A natural consequence of the above-identified modifications is that Miller’s first OLED (126) is disposed at a distance (between 112.5 to 150 nm) within 20 nm of a multiple of ¼λ (e.g., a multiple (one) of (530 nm)/4 =132.5 nm to the reflective electrode (122), where λ is the peak wavelength (530 nm) of the light (green) to be emitted by emitter in the at least one emissive layer.
Regarding claim 22, Miller as modified by Conway, Levermore, and Ghosh teaches the device of claim 1, but Miller does not teach further comprising:
at least one emissive layer of the first OLED or the second OLED is disposed at a distance within 20 nm of a multiple of ¼λ to the first transparent electrode or the partially reflective electrode, where λ is the peak wavelength of the light to be emitted by the emitter in the at least one emissive layer.
However, Miller teaches in Fig. 5 and paragraph [0111] that the peak wavelengths of the OLEDS occur at 450 nm, 530 nm, and 610 nm. One-fourth of the peak wavelength of the blue light emitted by second OLED (124) is (610 nm/4) = 152.5 nm. Miller further teaches in Fig. 2 and paragraph [0029] that only a first electron transport layer (110) separates second OLED (124) from the partially reflective electrode (112).
Yoo teaches in paragraph [0108] an electron transport layer having a thickness of 1 to 150 nm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller’s device as modified by Conway, Levermore, and Ghosh based on the teachings of Yoo – such that Miller’s electron transport layer, disposed between OLED 126 and reflective layer 122, has a thickness of 1 to 150 nm – because, when the electron transport layer thickness is in this range, the decrease of the electron transporting property may be prevented [and] …a problem of the increase in the driving voltage … may be prevented. Lee ¶0420. Moreover, [t]he selection of a known … [structure] based on its suitability for its intended use [is] … prima facie obviousness. MPEP §2144.07.
Further modifying Miller’s electron transport layer to have a thickness of between 132.5 nm and 150 nm, based on the teachings of Yoo, would have been obvious because [i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. MPEP §2144.05(I).
A natural consequence of the above-identified modifications is that Miller’s second OLED (124) is disposed at a distance (between 132.5 to 150 nm) within 20 nm of a multiple of ¼λ (e.g., a multiple (one) of (610 nm)/4 =152.5 nm to the partially reflective electrode (112), where λ is the peak wavelength (610 nm) of the light (blue) to be emitted by emitter in the at least one emissive layer.
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 DAVID WARD whose telephone number is (703)756-1382. The examiner can normally be reached 6:30-3:30 EST.
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, Matthew Landau can be reached at (571)-272-1731. 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.
/D.W.W./ Examiner, Art Unit 2891
/MATTHEW C LANDAU/ Supervisory Patent Examiner, Art Unit 2891