Prosecution Insights
Last updated: April 19, 2026
Application No. 17/925,376

LIGHT EMITTING DEVICE AND FABRICATING METHOD THEREOF, AND LIGHT EMITTING APPARATUS

Final Rejection §102§103
Filed
Nov 15, 2022
Examiner
WHALEN, DANIEL B
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BOE TECHNOLOGY GROUP CO., LTD.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
96%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
793 granted / 993 resolved
+11.9% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
53 currently pending
Career history
1046
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
43.4%
+3.4% vs TC avg
§102
32.3%
-7.7% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 993 resolved cases

Office Action

§102 §103
DETAILED ACTION 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 4-5, 7-9, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 2021/0296605 A1; hereinafter “Park”). Regarding claim 1, Park teaches a light emitting device, wherein the light emitting device comprises: a substrate (a substrate under 110, not shown), and a luminescent layer (150) and an additional component (140) that are provided on one side of the substrate (a top side of the substrate), the additional component is capable of having a chemical reaction with water and oxygen, and a reaction rate constant of the additional component with water and oxygen is greater than a reaction rate constant of the luminescent layer with water and oxygen (for example, 140 formed of alkali metal such as Li and 150 having quantum dots 151 formed of group II-VI binary semiconductor compound such as ZnSe are compared. It is noted that Li of alkali metal reacts with both water and oxygen much faster than binary semiconductor ZnSe does since Li reacts vigorously with water while ZnSe is insoluble in water and Li rapidly oxidizes in oxygen while ZnSe slowly reacts with oxygen) (Fig. 1 and paragraphs 46-118); and the additional component is provided in a same layer as the luminescent layer and/or in a different layer from the luminescent layer (140 is provided in a different layer from 150) (Fig. 1). Regarding claim 4, Park teaches wherein a material of the additional component comprises at least one of a metal, a metal oxide and an organometallic compound (140 formed of alkali metal such as Li) (paragraphs 47-52). Regarding claim 5, Park teaches wherein a material of the additional component comprises at least one of an organic compound of lithium, an organic compound of sodium, an organic compound of zinc, an organic compound of cadmium, an organic compound of iron and an organic compound of titanium (for example, instead of 140 formed of alkali metal such as Li, 140 formed of alkali metal complex such as lithium quinolate (Liq) and 150 having quantum dots 151 formed of group II-VI binary semiconductor compound such as ZnSe are compared. It is noted that Liq as an organic compound of lithium reacts with both water and oxygen much faster than binary semiconductor ZnSe does since Liq has fast reaction with water while ZnSe is insoluble in water and Liq oxidizes fast in oxygen while ZnSe slowly reacts with oxygen) (paragraphs 47-59). Regarding claim 7, Park teaches wherein a thickness of the additional component is greater than or equal to 0.1 nm, and less than or equal to 10 nm (paragraph 70). Regarding claim 8, Park teaches wherein the luminescent layer comprises an organic luminescent material or a quantum dot (paragraphs 79-85). Regarding claim 9, Park teaches wherein the light emitting device further comprises at least one of a first electrode (110), a hole injection layer, a hole transporting layer, an electron transporting layer, an electron injection layer, a second electrode, an optical-extraction layer and an encapsulation layer (paragraph 115); the first electrode, the hole injection layer, the hole transporting layer, the luminescent layer, the electron transporting layer, the electron injection layer, the second electrode, the optical-extraction layer and the encapsulation layer are arranged in stack on one side of the substrate, and the first electrode is close to the substrate; or the first electrode, the electron injection layer, the electron transporting layer, the luminescent layer, the hole transporting layer, the hole injection layer, the second electrode, the optical-extraction layer and the encapsulation layer are arranged in stack on the one side of the substrate, and the first electrode is close to the substrate (Fig. 1, 110 is close to the substrate); and the position of the additional component includes at least one of: provided between at least one group of neighboring film layers among the substrate, the first electrode, the hole injection layer, the hole transporting layer, the luminescent layer, the electron transporting layer, the electron injection layer, the second electrode, the optical-extraction layer and the encapsulation layer, provided on one side of the encapsulation layer that is away from the substrate, and doped in at least one of the first electrode, the hole injection layer, the hole transporting layer, the luminescent layer, the electron transporting layer, the electron injection layer, the second electrode, the optical-extraction layer and the encapsulation layer (Fig. 1, 140 is provided between 110 and 190). Regarding claim 13, Park teaches a light emitting apparatus, wherein the light emitting apparatus comprises the light emitting device according to claim 1 (paragraph 2 and see the rejection of claim 1 above). Regarding claim 14, Park teaches a fabricating method of a light emitting device, wherein the fabricating method comprises: providing a substrate (a substrate under 110, not shown) (paragraph 118-119); and forming a luminescent layer (150) and an additional component (140) on one side of the substrate (a top side of the substate) (Fig. 1 and paragraphs 77-78 and 152-153), wherein the additional component is capable of having a chemical reaction with water and oxygen, and a reaction rate constant of the additional component with water and oxygen is greater than a reaction rate constant of the luminescent layer with water and oxygen (for example, 140 formed of alkali metal such as Li and 150 having quantum dots 151 formed of group II-VI binary semiconductor compound such as ZnSe are compared. It is noted that Li of alkali metal reacts with both water and oxygen much faster than binary semiconductor ZnSe does since Li reacts vigorously with water while ZnSe is insoluble in water and Li rapidly oxidizes in oxygen while ZnSe slowly reacts with oxygen) (Fig. 1 and paragraphs 46-118); wherein the additional component is provided in a same layer as the luminescent layer and/or in a different layer from the luminescent layer (140 is provided in a different layer from 150) (Fig. 1). Regarding claim 15, Park teaches wherein the step of forming the luminescent layer and the additional component on the one side of the substrate comprises at least one of: providing a first solution containing a material of the additional component, and coating the first solution by spin coating, spray coating or blade coating, to form the additional component; forming the additional component by vapor deposition; and forming the additional component by sputtering (paragraphs 77-78 and 152-153). Claims 1-2, 4-6, 8-9, and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chung et al. (US 2021/0226172 A1; hereinafter “Chung”). Regarding claim 1, Chung teaches a light emitting device, wherein the light emitting device comprises: a substrate (100), and a luminescent layer (140 including 141 such as quantum dots) and an additional component (a second ligand attached to 141) that are provided on one side of the substrate (a top side of 100), the additional component is capable of having a chemical reaction with water and oxygen, and a reaction rate constant of the additional component with water and oxygen is greater than a reaction rate constant of the luminescent layer with water and oxygen (for example, the second ligand formed of polyvalent metal such as diethyl zinc would have reaction with water and oxygen greater than 141 of 140 formed of ZnSe since these are identical materials to those of the invention in claim 6 reciting diethyl zinc claim 8 reciting quantum dot with paragraph 69 disclosing the quantum dot such as ZnSe) (Fig. 1 and paragraphs 64-134); and the additional component is provided in a same layer as the luminescent layer and/or in a different layer from the luminescent layer (the second ligand is in a same layer as 140) (Fig. 1). Regarding claim 2, Chung teaches wherein the additional component and the luminescent layer are arranged in the same layer (Fig. 1), the additional component and the luminescent layer are mixed (Fig. 1), and a molar volume fraction of the luminescent layer is greater than a molar volume fraction of the additional component (paragraphs 116-140. For example, the second ligand is attached to 141 located in 140 with an amount of the second ligand about 1 wt% based on a total weight of 141). Regarding claim 4, Chung teaches wherein a material of the additional component comprises at least one of a metal, a metal oxide and an organometallic compound (paragraphs 130-134. For example, the second ligand formed of polyvalent metal such as diethyl zinc). Regarding claim 5, Chung teaches wherein the material of the additional component comprises at least one of an organic compound of lithium, an organic compound of sodium, an organic compound of zinc, an organic compound of cadmium, an organic compound of iron and an organic compound of titanium (paragraphs 130-134. For example, the second ligand formed of polyvalent metal such as diethyl zinc). Regarding claim 6, Chung teaches wherein the material of the additional component comprises at least one of diethyl zinc, dimethyl zinc, dibutyl zinc, diphenyl zinc, diethyl cadmium, dimethyl cadmium, dibutyl cadmium, diphenyl cadmium, butyl lithium, tert-butyl lithium, methyl lithium and benzyl lithium (paragraphs 130-134. For example, the second ligand formed of polyvalent metal such as diethyl zinc). Regarding claim 8, Chung teaches wherein the luminescent layer comprises an organic luminescent material or a quantum dot (paragraph 96). Regarding claim 9, Chung teaches wherein the light emitting device further comprises at least one of a first electrode (110), a hole injection layer, a hole transporting layer, an electron transporting layer, an electron injection layer, a second electrode (170), an optical-extraction layer and an encapsulation layer (paragraph 65); the first electrode, the hole injection layer, the hole transporting layer, the luminescent layer, the electron transporting layer, the electron injection layer, the second electrode, the optical-extraction layer and the encapsulation layer are arranged in stack on one side of the substrate, and the first electrode is close to the substrate; or the first electrode, the electron injection layer, the electron transporting layer, the luminescent layer, the hole transporting layer, the hole injection layer, the second electrode, the optical-extraction layer and the encapsulation layer are arranged in stack on the one side of the substrate, and the first electrode is close to the substrate (Fig. 1, 110 is close to 100); and the position of the additional component includes at least one of: provided between at least one group of neighboring film layers among the substrate, the first electrode, the hole injection layer, the hole transporting layer, the luminescent layer, the electron transporting layer, the electron injection layer, the second electrode, the optical-extraction layer and the encapsulation layer, provided on one side of the encapsulation layer that is away from the substrate, and doped in at least one of the first electrode, the hole injection layer, the hole transporting layer, the luminescent layer, the electron transporting layer, the electron injection layer, the second electrode, the optical-extraction layer and the encapsulation layer (Fig. 1 and paragraph 116-117. For example, the second ligand is between 110 and 170 or the second ligand in a mixed solution for forming 141 attached with the second ligand in 140). Regarding claim 12, Chung teaches wherein the light emitting device comprises the electron transporting layer, a material of the electron transporting layer comprises a compound of a first metal (Zn of ZnO) (paragraph 154), and a material of the additional component doped in the luminescent layer comprises at least one of the first metal, an oxide of the first metal and an organic compound of the first metal (paragraph 131). Regarding claim 13, Chung teaches a light emitting apparatus, wherein the light emitting apparatus comprises the light emitting device according to claim 1 (paragraph 2 and see the rejection of claim 1 above). Regarding claim 14, Chung teaches a fabricating method of a light emitting device, wherein the fabricating method comprises: providing a substrate (100) (Fig. 1 and paragraph 70-71); and forming a luminescent layer (140 including 141 such as quantum dots) and an additional component (a second ligand attached to 141) on one side of the substrate (a top side of 100) (Fig. 1 and paragraphs ), wherein the additional component is capable of having a chemical reaction with water and oxygen, and a reaction rate constant of the additional component with water and oxygen is greater than a reaction rate constant of the luminescent layer with water and oxygen (for example, the second ligand formed of polyvalent metal such as diethyl zinc would have reaction with water and oxygen greater than 141 of 140 formed of ZnSe since these are identical materials to those of the invention in claim 6 reciting diethyl zinc claim 8 reciting quantum dot with paragraph 69 disclosing the quantum dot such as ZnSe) (Fig. 1 and paragraphs 64-134); wherein the additional component is provided in a same layer as the luminescent layer and/or in a different layer from the luminescent layer (the second ligand is in a same layer as 140) (Fig. 1). Regarding claim 15, Chung teaches wherein the step of forming the luminescent layer and the additional component on the one side of the substrate comprises at least one of: providing a first solution containing a material of the additional component, and coating the first solution by spin coating, spray coating or blade coating, to form the additional component; forming the additional component by vapor deposition; and forming the additional component by sputtering (paragraphs 116-117 and 149). Regarding claim 16, Chung teaches wherein the light emitting device further comprises at least one of a first electrode (110), a hole injection layer, a hole transporting layer, an electron transporting layer, an electron injection layer, a second electrode, an optical-extraction layer and an encapsulation layer (paragraph 65); the light emitting device comprises a third functional layer (140), the third functional layer is the first electrode, the hole injection layer, the hole transporting layer, the luminescent layer (140), the electron transporting layer, the electron injection layer, the second electrode, the optical-extraction layer or the encapsulation layer, and the third functional layer is doped by the additional component (Fig. 1 and paragraphs 64-131); and the step of forming the luminescent layer and the additional component on the one side of the substrate comprises at least one of: providing a second solution (a mixed solution) containing a material of the third functional layer (a material for 141) and a material of the additional component (the second ligand), and coating the second solution by spin coating, spray coating or blade coating, to form the additional component doped in the third functional layer; by vapor deposition, vapor-depositing the material of the third functional layer and the material of the additional component at the same time, to form the additional component doped in the third functional layer; and by sputtering, sputtering the material of the third functional layer and the material of the additional component at the same time, to form the additional component doped in the third functional layer (paragraphs 116-117 and 149). 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chung. Regarding claim 10, Chung teaches wherein the light emitting device comprises a first functional layer (140), and the first functional layer is the first electrode, the hole injection layer, the hole transporting layer, the luminescent layer, the electron transporting layer, the electron injection layer or the second electrode (paragraph 65); and the first functional layer is doped by the additional component (Fig. 1 and paragraph 116-117). While Chung does not explicitly teach that a doping proportion of the additional component in the first functional layer in a numerical value as claimed, it would have been obvious to one of ordinary skill in the art to adjust the concentration/proportion of the additional component in the luminescent layer to a desired range, including the claimed range of greater than or equal to 0.1%, and less than or equal to 10%, as a routine skill in the art to obtain the optimal value for the additional component in the luminescent layer. Response to Arguments Applicant’s arguments with respect to amended claims have been considered, but are moot in view of different grounds of rejections as set forth above in this Office Action necessitated by amendments to claims 5-6, resulting a different consideration of the claimed term “an additional component” in the claims as a whole. Furthermore, it is noted that a typographical mistake for the prior art number of Chung et al. (US 2021/0226172 A1), which was correctly cited in the Notice of References Cited, has been corrected as well. 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 DANIEL B WHALEN whose telephone number is (571)270-3418. The examiner can normally be reached on M-F: 8AM-5PM. 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, Sue Purvis can be reached on (571)272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIEL WHALEN/Primary Examiner, Art Unit 2893
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Prosecution Timeline

Nov 15, 2022
Application Filed
Oct 15, 2025
Non-Final Rejection — §102, §103
Jan 12, 2026
Response Filed
Feb 10, 2026
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
96%
With Interview (+16.0%)
2y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 993 resolved cases by this examiner. Grant probability derived from career allow rate.

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