DETAILED ACTION
This Office Action is in response to Applicant’s Remarks filed on 12/11/2025.
Currently, claims 1, 3-4, 6-8, 10-12, 15, and 23-24 are pending in the application. Currently, claims 8, 15, and 24 are withdrawn.
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 Amendments
Applicant's arguments with respect to claim(s) 1, 3-4, 6-7, 10-12, and 23 have been considered. Applicant argues that Kim (US Pub. No. 2020/0168668 A1) does not include “a first region that overlaps with the first-light emitting layer in the plan view, the first region comprising a near-ultraviolet light-emitting portion”, or a “second region that overlaps with the pair of second color-correcting layers in the plan view, the second region comprising a blue light-emitting portion”. However, Kim ¶ [0064] does teach that active layer 232 can either emit blue or near-ultraviolet light. Therefore, it would have been obvious to try by one of ordinary skill in the art to have at least one of Kim’s active layers emit near-ultraviolet light and have another one of Kim’s active layers emit blue light because it has been held that choosing from a finite number of identified, predictable solutions such as having a blue or near-ultraviolet light emitting layer, with a reasonable expectation of success is obvious. KSR Int'l v. Teleflex Inc., 127 S.Ct. 1727 (2007). Further, the embodiment of Kim Fig. 11 does teach that Kim’s light emitting device in SPX2_1 does not include a layer that includes wavelength conversion materials (e.g., 351, 352, and 353, ¶¶ [0086]-[0087]). Therefore, in the case that the active layer 232 emits near-ultraviolet light in PX1, PX2, and/or PX3, it would be obvious that the active layer 232 in SPX2_1 emits blue light due to the lack of wavelength conversion material in SPX2_1.
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 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.
Claims 1, 3-4, 6-7, 10-12, 23 are rejected under 35 U.S.C. 103 as being obvious over CHIN (US Pub. No. 2006/0082295) in view of KIM et al. (US Pub. No. 2020/0168668).
Regarding independent claim 1, Chin teaches a light-emitting device (Fig. 7), comprising:
a substrate (Fig. 7, 101, ¶ [0045]) transparent to light;
a first light-emitting layer (Fig. 7, 700R + 700G, ¶ [0035]) provided above the substrate configured to emit first light (¶ [0037] teaches that 700R and 700G convert and emit red and green light);
a second light-emitting layer (Fig. 7, 600, ¶ [0028]) provided above the substrate;
a pair of first color-correcting layers (Fig. 7, 710R + 530R, ¶¶ [0033] & [0046]), one of which (Fig. 7, 710R) is provided above the first light-emitting layer and the other one of which (Fig. 7, 530R) is provided below the first light-emitting layer so as to overlap with at least a portion of the first light-emitting layer in a plan view, the pair of first color-correcting layers transmitting the first light and absorbing light having a shorter wavelength than the first light (¶¶ [0033] & [0046] teaches color filters 710R and 530R that filter out light other than red light); and
a pair of second color-correcting layers (Fig. 7, 710B + 530B, ¶¶ [0033] & [0046]), one of which (Fig. 7, 710B) is provided above the second light-emitting layer and the other one of which (Fig. 7, 530B) is provided below the second light-emitting layer so as to overlap with at least a portion of the second light-emitting layer in the plan view (Fig. 7).
the pair of second color-correcting layers transmitting the second light and absorbing light having a longer wavelength than the second light (Fig. 7, 710B + 530B, ¶¶ [0033] & [0046] teaches that 710B and 530B are blue color filter layers that filter out light other than blue light).
However, Chin does not explicitly teach
a first light-emitting layer provided above the substrate and containing first quantum dots configured to emit first light;
a second light-emitting layer provided above the substrate and configured to emit second light shorter, in wavelength, than the first light;
the pair of second color-correcting layers transmitting the second light and absorbing light having a longer wavelength than the second light;
the second light-emitting layer having a first region that overlaps with the first light-emitting layer in a plan view, the first region comprising a near-ultraviolet light-emitting portion;
wherein the second light-emitting layer has a second region that overlaps with the pair of second color-correcting layers in the plan view, the second region comprising a blue light-emitting portion.
However, Kim is a pertinent art that teaches a first light-emitting layer (Fig. 11, 351, ¶¶ [0088]-[0089]) provided above the substrate (Fig. 11, 100, ¶ [0058]) and containing first quantum dots (¶¶ [0088]-[0090]) configured to emit first light;
a second light-emitting layer (Fig. 11, 232, ¶ [0068]) provided above the substrate and configured to emit second light shorter (¶ [0068] teaches that layer 232 can emit blue light or near ultraviolet light), in wavelength, than the first light.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chin’s color conversion layers to be quantum dots that convert near ultra violet light according to the teaching of Kim (Fig. 11) in order to improve color purity (Kim ¶ [0103]).
However, Chin modified by Kim does not explicitly teach that the second light-emitting layer having a first region that overlaps with the first light-emitting layer in a plan view, the first region comprising a near-ultraviolet light-emitting portion;
wherein the second light-emitting layer has a second region that overlaps with the pair of second color-correcting layers in the plan view, the second region comprising a blue light-emitting portion.
However, Kim ¶ [0064] does teach that active layer 232 can either emit blue or near-ultraviolet light. Therefore, it would have been obvious to try by one of ordinary skill in the art to have at least one of Kim’s active layers emit near-ultraviolet light and have another one of Kim’s active layers emit blue light because it has been held that choosing from a finite number of identified, predictable solutions such as having blue or near-ultraviolet light emitting layer, with a reasonable expectation of success is obvious. KSR Int'l v. Teleflex Inc., 127 S.Ct. 1727 (2007). Further, the embodiment of Kim Fig. 11 does teach that Kim’s light emitting device in SPX2_1 does not include a layer that includes wavelength conversion materials (e.g., 351, 352, and 353, ¶¶ [0086]-[0087]). Therefore, in the case that the active layer 232 emits near-ultraviolet light in PX1, PX2, and/or PX3, it would be obvious that the active layer 232 in SPX2_1 emits blue light due to the lack of wavelength conversion material in SPX2_1.
Regarding claim 3, Chin modified by Kim teaches the light-emitting device according to claim 1, and Chin teaches that an entirety of the first light-emitting layer (Fig. 7, 700R + 700G, ¶ [0035]) is formed in a position to overlap with a portion of the second light-emitting layer (Fig. 7, 600, ¶ [0028]) in the plan view.
Regarding claim 4, Chin modified by Kim teaches the light-emitting device according to claim 3, and Kim teaches that the second light-emitting layer (Fig. 11, 232, ¶ [0068]) is separately formed such that a first part of the second light-emitting layer overlaps the first light-emitting layer (Fig. 11, 351, ¶¶ [0088]-[0089]) in the plan view and a second part of the second light-emitting layer (Fig. 11, 232 overlaps with 351 in PX1 but does not overlap in SPX2_1) does not overlap the first light-emitting layer in the plan view.
Regarding claim 6, Chin modified by Kim teaches the light-emitting device according to wherein claim 1, and Kim teaches that the second light-emitting layer (Fig. 11, 232, ¶ [0068]) emits the second light by electroluminescence (¶ [0068]), and the first light-emitting layer (Fig. 11, 351, ¶¶ [0088]-[0089]) emits the first light by photoluminescence (¶¶ [0088]-[0089] teaches that the quantum dot material in 351 absorbs near ultraviolet light then emits light of a desired wavelength (i.e., the quantum dot material emits light by photoluminescence)) based on the second light emitted from the second light-emitting layer.
Regarding claim 7, Chin modified by Kim teaches the light-emitting device according to claim 1, and Chin teaches that the pair of first color-correcting layers (Fig. 7, 710R + 530R, ¶¶ [0033] & [0046]) transmits the first light emitted from the first light-emitting layer, and absorbs the second light emitted toward the first light-emitting layer (¶¶ [0033] & [0046] teaches red color filters that filter out light other than red light).
Regarding claim 10, Chin modified by Kim teaches the light-emitting device according to claim 1, and Kim teaches that the second light-emitting layer (Fig. 11, 232 in PX1, ¶ [0068]) contains second quantum dots (¶ [0069] teaches that 232 can be include quantum dots. ¶ [0068] teaches that layer 232 can emit blue light or near ultraviolet light) configured to emit the second light.
Regarding claim 11, Chin modified by Kim teaches the light-emitting device according to claim 10, and Chin teaches that the pair of first color-correcting layers (Chin Fig. 7, 710R + 530R, ¶¶ [0033] & [0046] teaches that 710R and 530R are red color filters that filter out light other than red light) absorbs light with a wavelength shorter than an absorption edge of the second quantum dots (Chin’s red color filters are capable of filter out light other than red light. Applicant’s color correcting layers can also be typical color filters. Therefore, Chin’s color filters 710R and 530R would fulfill this limitation).
Regarding claim 12, Chin modified by Kim teaches the light-emitting device according to claim 1,and Chin teaches that the pair of first color-correcting layers (Fig. 7, 710R + 530R, ¶¶ [0033] & [0046]) absorbs light having a wavelength of 530 nm or less (Chin’s red color filters are capable of filter out light other than red light. Chin modified by Kim’s second light emitting layer would emit blue or near ultraviolet light. Applicant’s color correcting layers can also be typical color filters. Therefore, Chin’s color filters 710R and 530R would fulfill this limitation).
Regarding claim 23, Chin modified by Kim teaches the light-emitting device according to claim 1, and Chin modified by Kim teaches that the first light-emitting layer (Kim Fig. 11, 351, ¶¶ [0088]-[0089] teaches that the quantum dot material in 351 absorbs near ultraviolet light then emits light of a desired wavelength (i.e., the quantum dot material emits light by photoluminescence). It would be obvious that portions of the light emitted by the quantum dot material in 351 would emit towards the substrate and away from the substrate) emits the first light in a direction toward the substrate and a direction away from the substrate, and the second light-emitting layer (Chin Fig. 7, 600, ¶ [0028] modified by Kim Fig.11, 232) emits the second light in the direction toward the substrate and the direction away from the substrate (Chin ¶ [0058]).
Cited Prior Art
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant.
Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
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 extension fee 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 date of this final action.
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/R.P.S./
Examiner, Art Unit 2813
/STEVEN B GAUTHIER/ Supervisory Patent Examiner, Art Unit 2813