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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No.KR 10-2021-0185242, filed on 12/22/2021.
Objections
Claim 14 is objected to because of the following informalities: claim 14 includes two fifth compounds, each named “FD4”. For ease of reading, it is recommended to rename one of the compounds. Appropriate correction is required.
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.
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, 5–7 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (Pat. No. US 10,510,973 B2, the US equivalent to CN 105720201 A, provided in Applicants’ IDS filed on 12/29/2025, hereafter Yamamoto).
Regarding Claims 1 and 5-7, Yamamoto teaches an organic light emitting device comprising a first and second electrode, a first and second stack of emissive layers between the two electrodes, wherein each stack comprises at least one emissive layer with a phosphorescent dopant and at least one emissive layer with a fluorescent dopant ([column 3, lines 55–67] and [column 4, lines 1–51]). This device structure is exemplified in Figure 5B (shown below), wherein the blue emissive layers (B EMLs 1, 3, 4, and 6) comprise a fluorescent dopant and the yellow emissive layers (Y EMLs 2 and 5) comprise a phosphorescent dopant.
However, Yamamoto does not teach that the anode is a transparent electrode and the cathode is a reflective electrode.
Yamamoto teaches the light emitting stack is a very color-stable multiple-layer structure that can be used in bottom emission [column 11, lines10–14]. Additionally, Yamamoto teaches in all the example devices the anode is indium tin oxide (ITO) and the cathode is aluminum [column 15, lines 29–32].
OLED D1 [Figure 3] within the instant specification comprises a first electrode 210 which can be a transparent electrode [0049]. ITO is an example of a transparent electrode, as evidenced in ¶ [0048] – [0050] of the instant specification. Additionally, the second electrode 230 can be formed of aluminum (Al) [0055].
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to have the anode be a transparent electrode and have the cathode be a reflective electrode, because this would have been combining the prior art elements of Yamamoto according to known methods to yield predictable results of an organic light emitting device with color-stable benefits, as taught by Yamamoto. See MPEP 2143.I.(A).
Therefore, the device structure of Figure 5B, hereafter Device 1, reads on Applicants’ limitations of claim 1.
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Per Claim 5, Device 1 reads on Applicants’ limitation since in the second emitting part, the bottom fluorescent emitting layer (EML 6) is closer to the transparent electrode (anode) in comparison to the middle phosphorescent emitting layer (EML 5).
Per Claim 6, Device 1 reads on Applicants’ limitation since in the first emitting part, the bottom fluorescent emitting layer (EML 3) is closer to the transparent electrode (anode) than the middle phosphorescent emitting layer (EML 2).
Per Claim 7, Device 1 reads on Applicants’ limitation since in the first emitting part, the middle phosphorescent emitting layer (EML 2) is closer to the transparent electrode (anode) than the top fluorescent emitting layer (EML 1).
Claims 4, 8–11 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (Pat. No. US 10,510,973 B2) as applied to claims 1, 5–7 above, and further in view of Lamansky et al. (J. Am. Chem. Soc. 2001, 123, 4304–4312, hereafter Lamansky).
Regarding Claims 8 and 9-10, Yamamoto teaches Device 1, as discussed above, wherein EMLs 2 and 5 comprise a phosphorescent dopant. Yamamoto further teaches each emissive layer comprises at least one host material and at least one emissive dopant [column 5, lines 45–47].
However, Yamamoto does not disclose the structures of the phosphorescent dopant and the host used in EMLs 2 and 5.
Lamansky teaches highly phosphorescent bis-cyclometalated iridium complexes and their use in organic light emitting diodes. Specifically, Lamansky teaches a device structure comprising an emissive layer wherein CBP is the host material and ppy2Ir(acac) as the phosphorescent dopant [Figure 6]. Lamansky further teaches that using these iridium complexes as dopants in OLEDs results in exceedingly high external and power efficiencies in the green to red spectral region [pg. 4305, paragraph 3].
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to select CBP as a host and ppy2Ir(acac) in EMLs 2 and 5 of Device 1, as shown in Lamansky’s device, based on the teaching of Lamansky. The motivation for doing so would have been to provide a device with high external and power efficiencies, as taught by Lamansky. From the combination of Yamamoto in view of Lamansky, the phosphorescent layers (EMLs 2 and 5) of Device 1 comprise CBP which reads on Applicants’ Formula 1-1 and ppy2Ir(acac) which reads on Applicants’ Formula 3 (shown below),
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wherein:
Ar is an unsubstituted C12 arylene group (biphenylene),
a1–a4 are each 0, so R1–R4 are not required to be present.
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wherein:
b1 and b2 are each 0, so R11 and R12 are not required to be present,
R13 and R14 are each an unsubstituted C1 alkyl group (methyl).
Per Claim 9, from the combination of Yamamoto in view of Lamansky, the phosphorescent layers (EMLs 2 and 5) of Device 1 comprises CBP which reads on Applicants’ Formula 1-2 (shown below), wherein a1–a6 are each 0, so R1–R6 are not required to be present.
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Per Claim 10, from the combination of Yamamoto in view of Lamansky, the phosphorescent layers (EMLs 2 and 5) of Device 1 comprises CBP which is identical to Applicants’ Compound H1 of Formula 2 (shown below).
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Regarding Claims 4 and 11, Lamansky teaches the ancillary ligand (acac) can be changed to tmd [Figure 1]. In fact, ppy2Ir(tmd) has a higher phosphorescent quantum efficiency in comparison to ppy2Ir(acac) [Figure 5].
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute ppy2Ir(acac) for ppy2Ir(tmd), based on the teaching of Lamansky. The motivation for doing so would have been to provide a dopant with a higher phosphorescent quantum efficiency, as taught by Lamansky.
From the combination of Yamamoto in view of Lamansky, the phosphorescent layers (EMLs 2 and 5) of Device 1 comprise Ir(ppy)2(tmd) which is identical to Applicants’ Compound PD2 of Formula 4 (shown below).
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Per Claim 4, Yamamoto teaches each emissive layer comprises at least one host material and at least one emissive dopant [column 5, lines 45–47]. Yamamoto in view of Lamansky further teaches Device 1 wherein the host material is CBP and the emissive dopant is ppy2Ir(tmd) in the phosphorescent layers (EMLs 2 and 5).
However, the combination of Yamamoto in view of Lamansky as described above appears silent with respect to the property of “the second compound (emissive dopant) has a ratio of an intensity of the second emission peak to an intensity of the first emission peak is about 0.55 or more and 1 or less”.
The combination of Yamamoto in view of Lamansky teaches CBP and ppy2Ir(tmd) in the phosphorescent emitting layers, similar to Example 9 of the instant application [00304] wherein compound H1 and compound PD2 are used in the phosphorescent emitting layers. Therefore, the property of “the second compound (emissive dopant) has a ratio of an intensity of the second emission peak to an intensity of the first emission peak is about 0.55 or more and 1 or less” is considered to be inherent (and would be expected to fall within the range in the claim), absent evidence otherwise. Recitation of a newly disclosed property does not distinguish over a reference disclosure of the article or composition claims. When the structure recited in the prior art reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Applicant bears responsibility for proving that the reference composition does not possess the characteristics recited in the claims. See MPEP 2112.
This inherency is further evidenced by Figure 6B of the instant application wherein PD2 photoluminescence spectrum is displayed (shown below). Figure 6B shows that the 2nd peak’s intensity is about 0.6 in comparison to the 1st peak. Since ppy2Ir(tmd) is identical to PD2, it is expected to have the same photoluminescence spectrum.
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Claims 2–3, 12–20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (Pat. No. US 10,510,973 B2) in view of Lamansky et al. (J. Am. Chem. Soc. 2001, 123, 4304–4312) as applied to claim 1, 4–11 above, and further in view of Choi et al. (Pub. No.: US 2020/0251663 A1, which is the English equivalent of CN 111525039 A, provided in Applicants’ IDS filed on 12/29/2025, hereafter Choi).
Regarding Claims 12–13, Yamamoto teaches Device 1, as discussed above, wherein EMLs 1, 3, 4, and 6 comprise a fluorescent dopant. Yamamoto further teaches each emissive layer comprises at least one host material and at least one emissive dopant [column 5, lines 45–47].
However, Yamamoto does not disclose the structures of the fluorescent dopant and the host used in EMLs 1, 3, 4, and 6.
Choi teaches an organic electroluminescence device including a first electrode, a second electrode, and an emission layer wherein the emission layer comprises a first host, a second host, a first dopant, and a second dopant [0007]. Specifically, Choi teaches Example 5, wherein the emission layer comprises compounds H1-3, H2-7, D1-1, and D2-1 [Table 1]. Choi further teaches the organic electroluminescence device of the present disclosure achieve long life and high color purity [0204].
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to select compounds H1-3, H2-7, D1-1, and D2-1 in EMLs 1, 3, 4, and 6 of Device 1, as shown in Choi’s Example 5, based on the teaching of Choi. The motivation for doing so would have been to provide a device with long life and high color purity benefits, as taught by Choi.
From the combination of Yamamoto in view of Lamansky and Choi, the fluorescent layers (EMLs 1, 3, 4, and 6) of Device 1 comprising Compound H1-3, Compound D1-1, and Compound D2-1 reads on Applicants’ limitations of claim 12 since Compound H1-3 reads on Applicants’ Formula 1-1,
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wherein:
Ar is an unsubstituted C12 arylene group (biphenylene),
a1–a4 are each 0, so R1–R4 are not required to be present.
Compound D1-1 reads on Applicants’ Formula 5-1 (shown below),
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wherein:
c1 is 4,
c2–c3 are each 0, so R21 and R22 are not required to be present.
Compound D2-1 reads on Applicants’ Formula 7 (shown below),
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wherein:
R35 and R36 are each a hydrogen,
R31–R34 are each an unsubstituted C1 alkyl group (methyl),
R37 is an unsubstituted C6 aryl group (phenyl).
Per Claim 13, from the combination of Yamamoto in view of Lamansky and Choi, the fluorescent layers (EMLs 1, 3, 4, and 6) of Device 1 comprising Compound D1-1 reads on Applicants’ limitation since Compound D1-1 and Compound TD1 of Applicants’ Formula 6 are identical (shown below).
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Regarding Claim 14, Device 1 of Yamamoto in view of Lamansky and Choi as discussed above fail to teach a compound that reads on one of the compounds in the claimed Formula 8.
However, Choi teaches the second dopant may include a compound represented in Compound Group 4, wherein examples thereof include Compound D2-8, among others [0159]. Choi further teaches the organic electroluminescence device of present disclosure may achieve long life and high color purity [0204].
Therefore, given the teachings of Choi, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute Compound D2-1 with Compound D2-8, because Choi teaches Compound D2-8 may suitably be selected as the second dopant. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the compound would be useful as a fluorescent dopant in the emissive layer of the device of Yamamoto in view of Lamansky and Choi and possess the benefits taught by Choi. See MPEP 2143.I.(B).
Likewise, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to specifically select Compound D2-8, because it would have been choosing from a list of suitable second dopants represented by Compound Group 4 taught by Choi, which would have been a choice from a finite number of identified, predictable solutions of a compound useful as a fluorescent dopant in the emissive layer of the device of Yamamoto in view of Lamansky and Choi and possessing the benefits taught by Choi. One of ordinary skill in the art would have been motivated to produce additional devices comprising second dopants represented by Choi’s Compound Group 4 having the benefits taught by Choi in order to pursue the known options within his or her technical grasp with a reasonable expectation of success. See MPEP 2143.I.(E).
From the combination of Yamamoto in view of Lamansky and Choi, the fluorescent layers (EMLs 1, 3, 4, and 6) of Device 1 comprising Compound D2-8 reads on Applicants’ limitation since Compound D2-8 and Compound FD1 of Applicants’ Formula 8 are identical (shown below).
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Regarding Claim 15, Yamamoto teaches an organic light emitting device exemplified by Device 1 from the combination of Yamamoto in view of Lamansky and Choi, as discussed above.
However, Yamamoto does not teach a display device with a pixel area comprising Device 1.
Choi teaches a display device represented by Figure 2, comprising first pixel areas PXA1, second pixel areas PXA2, third pixel areas PXA3, and a nonpixel area NPXA [0053]. PXA1 may be for green light, PXA2 may be for red light, and PXA3 may be for blue light [0056]. Choi teaches an organic electroluminescent device may be included in PXA1, PXA2, and PXA3 [0058]. Choi further teaches the display device of present disclosure may achieve long life and high color purity [0204].
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to use Device 1 in each of PXA1, PXA2, and PXA3 of Choi’s display device, wherein PXA1 is for green light, because this would have been combining the prior art elements of Yamamoto and Choi according to known methods to yield predictable results of a display device with the long life and high color purity benefits, as taught by Choi. See MPEP 2143.I.(A).
Regarding Claims 2, 3, 16, and 17, the combination of Yamamoto in view of Lamansky and Choi as discussed above teaches an organic light emitting device, Device 1, wherein the fluorescent layers (EMLs 1, 3, 4, and 6) of Device 1 comprise Compound H1-3, Compound D1-1, and Compound D2-8, while the phosphorescent layers (EMLs 2 and 5) of Device 1 comprise CBP and Ir(ppy)2(tmd).
However, Device 1, as described above, appears silent with respect to the property of “a photoluminescence spectrum of the fluorescent emitting layer and phosphorescent emitting layer in the first and second emitting parts comprises first and second emission peaks and the wavelength of the second emission peak is longer than the wavelength of the first emission peak, and in the intensity of the second emission peak of the fluorescent emitting layer in the first and second emitting part is smaller than an intensity of the second emission peak of the phosphorescent emitting layer in the first and second emitting part”.
Figure 6B and Figure 6C of the instant application display the photoluminescence spectra of PD2 and FD1, respectively (shown below). Figure 6B shows the phosphorescent dopant has two peaks, while Figure 6C shows the fluorescent dopant has two peaks. Additionally, the 2nd peak of the fluorescent dopant is smaller than the 2nd peak of the phosphorescent dopant. Notably, PD2 is identical to ppy2Ir(tmd) and FD1 is identical to Compound D2-8.
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Therefore, for Device 1 from the combination of Yamamoto in view of Lamansky and Choi wherein ppy2Ir(tmd) is used in the phosphorescent emitting layers and Compound D2-8 is used in the fluorescent emitting layers, as described above, the property of “a photoluminescence spectrum of the fluorescent emitting layer and phosphorescent emitting layer in the first and second emitting parts comprises first and second emission peaks and the wavelength of the second emission peak is longer than the wavelength of the first emission peak, and in the intensity of the second emission peak of the fluorescent emitting layer in the first and second emitting part is smaller than an intensity of the second emission peak of the phosphorescent emitting layer in the first and second emitting part” is considered to be inherent (and would be expected to fall within the range in the claim), absent evidence otherwise. Recitation of a newly disclosed property does not distinguish over a reference disclosure of the article or composition claims. When the structure recited in the prior art reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Applicant bears responsibility for proving that the reference composition does not possess the characteristics recited in the claims. See MPEP 2112.
A display device comprising Device 1 in the green light emitting PXA1 pixel reads on Applicants’ limitations of claims 2, 3, 16, and 17.
Regarding Claim 18, Yamamoto teaches each emissive layer comprises at least one host material and at least one emissive dopant [column 5, lines 45–47]. Yamamoto in view of Lamansky and Choi teaches a display device wherein the host material is CBP and the emissive dopant is ppy2Ir(tmd) in the phosphorescent layers (EMLs 2 and 5) of Device 1 in the green light emitting PXA1 pixel area.
However, the combination of Yamamoto in view of Lamansky and Choi, as described above, appears silent with respect to the property of “the second compound (emissive dopant) has a ratio of an intensity of the second emission peak to an intensity of the first emission peak is about 0.55 or more and 1 or less”.
The combination of Yamamoto in view of Lamansky and Choi teaches CBP and ppy2Ir(tmd) in the phosphorescent emitting layers, similar to Example 9 of the instant application [00304] wherein compound H1 and compound PD2 are used in the phosphorescent emitting layers. Therefore, the property of “the second compound (emissive dopant) has a ratio of an intensity of the second emission peak to an intensity of the first emission peak is about 0.55 or more and 1 or less” is considered to be inherent (and would be expected to fall within the range in the claim), absent evidence otherwise. Recitation of a newly disclosed property does not distinguish over a reference disclosure of the article or composition claims. When the structure recited in the prior art reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Applicant bears responsibility for proving that the reference composition does not possess the characteristics recited in the claims. See MPEP 2112.
This inherency is further evidenced by Figure 6B of the instant application wherein PD2 photoluminescence spectrum is displayed (shown below). Figure 6B shows that the 2nd peak’s intensity is about 0.6 in comparison to the 1st peak. Since ppy2Ir(tmd) is identical to PD2, it is expected to have the same photoluminescence spectrum.
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Regarding Claim 19, a display device from the combination of Yamamoto in view of Lamansky and Choi wherein Device 1 is used in the green light emitting PXA1 pixel area reads on Applicants’ limitation since in the second emitting part, the bottom fluorescent emitting layer (EML 6) is closer to the transparent electrode (anode) in comparison to the middle phosphorescent emitting layer (EML 5).
Additionally, in the first emitting part, the bottom fluorescent emitting layer (EML 3) is closer to the transparent electrode (anode) than the middle phosphorescent emitting layer (EML 2).
Regarding Claim 20, a display device from the combination of Yamamoto in view of Lamansky and Choi wherein Device 1 is used in the green light emitting PXA1 pixel area reads on Applicants’ limitation since in the second emitting part, the bottom fluorescent emitting layer (EML 6) is closer to the transparent electrode (anode) in comparison to the middle phosphorescent emitting layer (EML 5).
Additionally, in the first emitting part, the middle phosphorescent emitting layer (EML 2) is closer to the transparent electrode (anode) than the top fluorescent emitting layer (EML 1).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1–3, 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, 14–15 of copending Application No. 18/072,309 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of ‘309 recites an organic light emitting diode device structure which is a species of the instant application’s claim 1.
Claim 1 of ‘309 recites:
an organic light emitting diode comprising:
a reflective electrode;
a transparent electrode facing the reflective electrode;
and an organic light emitting layer comprising a first emitting part and a second emitting part positioned between the reflective electrode and the transparent electrode;
wherein the first emitting part comprises a first phosphorescent emitting layer and a first fluorescent emitting layer, and the second emitting part comprises a second phosphorescent emitting layer and a second emitting layer
and claim 14 recites:
(i) the second fluorescent emitting layer is positioned to be closer to the transparent electrode than the phosphorescent emitting layer,
(ii) the first fluorescent emitting layer is positioned to be closer to the transparent electrode than the first phosphorescent emitting layer, or
(iii) the first phosphorescent emitting layer is positioned to be closer to the transparent electrode than the first fluorescent emitting layer
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to select a device of claim 1 of ‘309 such that it has a structure as described in (i) and (ii) of claim 14 of ‘309, because this would have been combining the prior art elements of ‘309 according to known methods to yield predictable results of an organic light emitting diode, as taught by ‘309. See MPEP 2143.I.(A).
Accordingly, claims 1 and 14 of ‘309 correspond to claim 1 of ‘552 (the instant application).
Claim 12 of ‘309 corresponds to claims 2–3 of the instant application as they both recite: the intensity of the second emission peak of the fluorescent emitting layer is smaller than the intensity of the second emission peak of the phosphorescent emitting layer, for both the first and second emitting parts.
Claim 15 of ‘309 corresponds to claim 15 of the instant application as they both recite: a display device comprising the organic light emitting diode recited in claim 1 in the green pixel region.
While claim 15 of ‘309 is silent as to the organic light emitting display device comprising a fluorescent emitting layer positioned closer to the transparent electrode than the phosphorescent emitting layer, as discussed above, claim 14 recites: (i) the second fluorescent emitting layer is positioned to be closer to the transparent electrode than the phosphorescent emitting layer, (ii) the first fluorescent emitting layer is positioned to be closer to the transparent electrode than the first phosphorescent emitting layer, or (iii) the first phosphorescent emitting layer is positioned to be closer to the transparent electrode than the first fluorescent emitting layer.
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to select an organic light emitting display device of claim 15 of ‘309 such that it has a structure as described in (i) and (ii) of claim 14 of ‘309, because this would have been combining the prior art elements of ‘309 according to known methods to yield predictable results of an organic light emitting diode, as taught by ‘309. See MPEP 2143.I.(A).
Accordingly, claim 15 of ‘309 correspond to claim 15 of ‘552 (the instant application).
Therefore, claims 1, 12, 14–15 of ‘309 are encompasses by claims 1–3, 15 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of copending Application No. 18/074,059 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of ‘059 recites an organic light emitting diode device structure which is a species of the instant application’s claim 1.
Claim 1 of ‘059 recites:
an organic light emitting diode comprising:
a reflective electrode;
a transparent electrode facing the reflective electrode;
and an organic light emitting layer comprising a first emitting part and a second emitting part positioned between the reflective electrode and the transparent electrode;
wherein the first emitting part comprises a first phosphorescent emitting layer and a first fluorescent emitting layer, and the second emitting part comprises a third emitting layer and a fourth emitting layer.
wherein the first fluorescent emitting layer is closer to the transparent electrode than the first phosphorescent emitting layer.
And claim 3 recites:
wherein the third emitting layer is a second phosphorescent emitting layer;
wherein the fourth emitting layer is either a third phosphorescent emitting layer or a second fluorescent emitting layer.
Therefore, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to select a device of claim 1 of ‘059 such that the fourth emitting layer is a second fluorescent emitting layer as recited in claim 3 of ‘059, because this would have been combining the prior art elements of ‘059 according to known methods to yield predictable results of an organic light emitting diode, as taught by ‘059. See MPEP 2143.I.(A).
Accordingly, claims 1 and 3 of ‘059 correspond to claim 1 of ‘552 (the instant application).
Therefore, claims 1 and 3 of ‘059 are encompasses by claim 1 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hong et al. (US 2020/0185633 A1) provides a device structure comprising fluorescent emitting layers including a blue dopant, and emitting layers with phosphorescent and thermally activated delayed fluorescence materials.
Lee et al. (US 2015/0188067 A1) provides an organic light emitting device with a red, green, and blue pixel wherein the pixels may comprise a combination of fluorescent and phosphorescent layers. However, Lee does not teach the use of thermally activated delayed fluorescence materials.
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/J.R.F./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789