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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 8, 10, 11, and 13 are objected to because of the following informalities: The structural formulas in these claims have poor resolution and are difficult to read. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-4, 15-16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niboshi et al. (US 2020/0388780 A1) (hereafter “Niboshi”) in view of Fleetham et al. (“Efficient “Pure” Blue OLEDs Employing Tetradentate Pt Complexes with a Narrow Spectral Bandwidth” Advanced Materials (2014) vol. 26, pp. 7116-7121.) (hereafter “Fleetham”).
Regarding claims 1-4, 15-16, and 20: Niboshi discloses an organic light emitting display device comprising a substrate and an organic light emitting diode {Fig. 5 as described in paragraphs [0022]-[0028], [0038]-[0041], and [0049]-[0056]}.
The organic light emitting diode comprises an anode, a cathode facing the first electrode, and a first emitting part including a first emitting material layer and positioned between the anode and the cathode {Fig. 5 as described in paragraphs [0022]-[0028], [0038]-[0041], and [0049]-[0056]}.
The first emitting material layer being a fluorescent emitting layer comprising a fourth compound as a fluorescent dopant {Fig. 5 as described in paragraphs [0022]-[0028], [0038]-[0041], and [0049]-[0056]}.
The first emitting layer has a thickness of 10 nm {paragraph [0129]}.
The organic light emitting diode further comprises a second emitting part including a second emitting material layer and positioned between the first emitting part and the anode {Fig. 5 as described in paragraphs [0022]-[0028], [0038]-[0041], and [0049]-[0056]}.
The second emitting material layer being a phosphorescent emitting layer comprising a first compound as a phosphorescent dopant {Fig. 5 as described in paragraphs [0022]-[0028], [0038]-[0041], and [0049]-[0056]}.
The second emitting layer has a thickness of 20 nm {paragraph [0129]}.
Thus, the ratio of the instant first thickness (the thickness of the first emitting layer) to the instant second thickness (the thickness of the second emitting layer) is 0.5.
Niboshi does not exemplify that the anode electrode is a transparent electrode and the cathode electrode is a reflective electrode.
However, Niboshi teaches that light is extracted through a transparent electrode and the other electrode is a reflective electrode {paragraph [0041]}. Either the anode or the cathode can be transparent and the other is reflective {paragraph [0041]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the device of Niboshi such that the anode is transparent and the cathode is reflective, based on the teaching of Niboshi. The selection of the anode being transparent and the cathode being reflective would have been a choice from a finite number of identified, predictable solutions (one of two possible options), with a reasonable expectation of success. See MPEP 2143(I)(E). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum device structures in order to produce optimal organic light-emitting devices, which in this case would be to provide a device that emits light through the anode rather than the cathode.
Niboshi does not teach a specific phosphorescent dopant.
Fleetham teaches the compound shown below as a phosphorescent light emitting dopant for organic light emitting devices {Figure 1; Table 1; and p. 7117, 2nd col., final paragraph through p. 7119, 1st col., 1st paragraph}.
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Fleetham teaches that the compounds of Fleetham are efficient emitters {paragraph bridging pp. 7119-7120}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the device of Niboshi by using the Pt complex of Fleetham shown above as the phosphorescent dopant, based on the teaching of Fleetham. The motivation for doing so would have been to use a compound known to be an efficient emitter.
The display device comprises a red pixel region, a green pixel region, and a blue pixel region, and the organic light emitting diode is positioned in the blue pixel region {Fig. 5 as described in paragraphs [0022]-[0028], [0038]-[0041], and [0049]-[0056]}.
Niboshi as modified by Fleetham teaches the claimed invention above but fails to teach a ratio of a second emission peak intensity of the phosphorescent dopant in the second emitting material layer to a first emission peak intensity of the phosphorescent dopant in the second emitting material layer is 0.5 or less. It is reasonable to presume that a ratio of a second emission peak intensity of the phosphorescent dopant in the second emitting material layer to a first emission peak intensity of the phosphorescent dopant in the second emitting material layer being 0.5 or less is inherent to Niboshi as modified by Fleetham. Support for said presumption is found in the use of like materials and like processes which would result in the claimed property.
The compound of Fleetham has the same structure as the instant PD3 {paragraph [0082] of the instant specification}. Table 1 of the instant specification shows that the instant PD3 meets the claimed property.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the Niboshi as modified by Fleetham product is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niboshi et al. (US 2020/0388780 A1) (hereafter “Niboshi”) in view of Fleetham et al. (“Efficient “Pure” Blue OLEDs Employing Tetradentate Pt Complexes with a Narrow Spectral Bandwidth” Advanced Materials (2014) vol. 26, pp. 7116-7121.) (hereafter “Fleetham”) as applied to claim 1 above, and further in view of Hatakeyama et al. (US 2020/0190115 A1) (hereinafter “Hatakeyama”).
Regarding claim 5: Niboshi as modified by Fleetham does not teach a specific fluorescent dopant.
Hatakeyama teaches thermally activated delayed fluorescent materials for use as light emitting dopants in organic light emitting devices {paragraphs [0076]-[0077], [0161], and Example 1 of Table 1}.
Hatakeyama exemplifies the compound shown below {Example 1 of Table 1 where compound 1-1 is described in paragraph [0466]}.
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At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the device taught by Niboshi by using the compound of Hatakeyama shown above as the fluorescent dopant based on the teaching of Hatakeyama. The modification would have been a combination of prior art elements (the use of known fluorescent dopants) according to known methods to yield predictable results. See MPEP 2143(I)(A). The selection of Hatakeyama’s compound shown above would have been a choice from a finite number of identified, predictable solutions (the compounds of Hatakeyama exemplified in device examples), with a reasonable expectation of success. See MPEP 2143(I)(E). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices.
Niboshi as modified by Fleetham and Hatakeyama teaches the claimed invention above but fails to teach that the difference between an average emission wavelength of the fluorescent dopant of the first emitting material layer and an average emission wavelength of the phosphorescent dopant of the second emitting material layer is 20 nm or less. It is reasonable to presume that the difference between an average emission wavelength of the fluorescent dopant of the first emitting material layer and an average emission wavelength of the phosphorescent dopant of the second emitting material layer being 20 nm or less is inherent to Niboshi as modified by Fleetham and Hatakeyama. Support for said presumption is found in the use of like materials and like processes which would result in the claimed property.
Hatakeyama teaches that the compound of Hatakeyama has a peak emission wavelength of 470 nm {paragraph [0563]}.
Fleetham teaches that the compound of Fleetham has a peak emission wavelength of 551 nm {Table 1}.
Given the close proximity of the peak emission wavelengths around which most of the emission intensity occurs, the average emission wavelength of the fluorescent dopant of the first emitting material layer and an average emission wavelength of the phosphorescent dopant of the second emitting material layer would have a difference 20 nm or less.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the Niboshi as modified by Fleetham and Hatakeyama product is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niboshi et al. (US 2020/0388780 A1) (hereafter “Niboshi”) in view of Fleetham et al. (“Efficient “Pure” Blue OLEDs Employing Tetradentate Pt Complexes with a Narrow Spectral Bandwidth” Advanced Materials (2014) vol. 26, pp. 7116-7121.) (hereafter “Fleetham”) and Hatakeyama et al. (US 2020/0190115 A1) (hereinafter “Hatakeyama”) as applied to claims 1 and 5 as above, and further in view of Kondakova ‘516 (US 2007/0252516 A1) (hereafter “Kondakova”).
Regarding claims 6-8: Niboshi as modified by Fleetham and Hatakeyama teaches all of the features with respect to claim 1, as outlined above.
Niboshi does not exemplify a host material for the phosphorescent emitting layer.
However, Niboshi teaches that mCP can be used {paragraph [0061]}.
mCP has the structure of the instant PH4.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the device of Niboshi such that mCP was used as the host material of the phosphorescent layer, based on the teaching of Niboshi. The modification would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). The selection of mCP would have been a choice from a finite number of identified, predictable solutions (the exemplified host materials of Niboshi), with a reasonable expectation of success. See MPEP 2143(I)(E). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices.
Niboshi does not exemplify that a second host material is used.
Kondakova ‘516 discloses an organic light emitting device comprising an anode, a cathode, and an organic layer between the anode and the cathode {Kondakova ‘516: Fig. 1 and paragraphs [0011], [0088], and [0347]-[0355]}.
The organic layer includes an emission layer, including a first host and a second host {Kondakova ‘516: (Fig. 1 and paragraphs [0011], [0088], [0204], and [0352]: The device comprises a light emitting layer.), (paragraphs [0011], [0016], and [0204]: The light emitting layer comprises two host materials.)}.
The first host is a hole transporting host material, which can be carbazole derivative {(paragraphs [0011], [0236], and [0289]: The light-emitting layer comprises a hole transporting co-host.), (paragraphs [0017] and [0265]: The hole transporting co-host can be a carbazolyl derivative.)}.
The second host is an electron transporting host material, which can be a triazine derivative {paragraphs [0011], [0211], and [0289]: The light-emitting layer comprises an electron transporting co-host, which can be a triazine derivative.}.
Kondakova ‘516 teaches that an emission layer containing two or more host materials have improved film morphology, electrical properties, light emission efficiency, and lifetime {paragraph [0209]}.
At the time the invention was effectively filed, it would have been obvious to have modified the organic light emitting device of Niboshi by using a phosphorescent emission layer comprising two host materials, based on the teaching of Kondakova ‘516. The motivation for doing so would have been to provide an emission layer with improved film morphology, electrical properties, light emission efficiency, and lifetime, as taught by Kondakova ‘516.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niboshi et al. (US 2020/0388780 A1) (hereafter “Niboshi”) in view of Fleetham et al. (“Efficient “Pure” Blue OLEDs Employing Tetradentate Pt Complexes with a Narrow Spectral Bandwidth” Advanced Materials (2014) vol. 26, pp. 7116-7121.) (hereafter “Fleetham”), Hatakeyama et al. (US 2020/0190115 A1) (hereinafter “Hatakeyama”) and Kondakova ‘516 (US 2007/0252516 A1) (hereafter “Kondakova”) as applied to claims 1 and 5 as above, and further in view of Tasaki et al. (US 2021/0005825 A1) (hereafter “Tasaki”).
Regarding claims 12-14: Niboshi as modified by Fleetham, Hatakeyama, and Kondakova ‘516.
Niboshi as modified by Fleetham, Hatakeyama, and Kondakova ‘516 does not exemplify a specific host material for the fluorescent light emitting layer.
Tasaki teaches the compound below as a host material in organic light emitting devices for polycyclic boron containing dopants {paragraph [0221]}.
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At the time the invention was effectively filed it would have been obvious to one of ordinary skill in the art to have used the host material of Tasaki in the fluorescent light emitting layer of Niboshi, based on the teaching of Tasaki. The modification would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niboshi et al. (US 2020/0388780 A1) (hereafter “Niboshi”) in view of Fleetham et al. (“Efficient “Pure” Blue OLEDs Employing Tetradentate Pt Complexes with a Narrow Spectral Bandwidth” Advanced Materials (2014) vol. 26, pp. 7116-7121.) (hereafter “Fleetham”), Hatakeyama et al. (US 2020/0190115 A1) (hereinafter “Hatakeyama”), and Kondakova ‘516 (US 2007/0252516 A1) (hereafter “Kondakova”) as applied to claims 1 and 5 as above, and further in view of Ahn et al. (US 2020/0168819 A1) (hereinafter “Ahn”).
Regarding claims 9-11: Niboshi as modified by Fleetham, Hatakeyama, and Kondakova ‘516 teaches all of the features with respect to claim 7, as outlined above.
Niboshi as modified by Fleetham, Hatakeyama, and Kondakova ‘516 does not exemplify a 2nd host having the structure of the instant Formula 5.
Ahn exemplifies the compound shown below as a compound of Lee {(paragraph [0110]: The compounds of the disclosure of Lee are exemplified by the Compounds 1 through 59.), (p. 10, Compound 3)}.
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The host materials of Ahn can be used to produce organic light-emitting devices with high efficiency and good durability {paragraph [0113]}. Additionally, the compounds have reduced intermolecular attraction {paragraph [0111]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the device of Niboshi such that the 2nd host material is the compound Ahn shown above, based on the teaching of Ahn. The modification would have been a combination of prior art elements (the use of multiple host materials and the host material of Ahn) according to known methods to yield predictable results. See MPEP 2143(I)(A). The selection of Ahn’s compound shown above would have been a choice from a finite number of identified, predictable solutions (the exemplified host compounds of Ahn), with a reasonable expectation of success. See MPEP 2143(I)(E). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices. In this case, one of ordinary skill in the art would have been motivated to use an additional host material having reduced intermolecular attraction that is known to be used to produce devices with high efficiency and high durability.
Claim 19 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Niboshi et al. (US 2020/0388780 A1) (hereafter “Niboshi”) as applied to claim 15 above, and further in view of Nakamura et al. (US 2004/0183963 A1).
Regarding claim 19: Niboshi teaches all of the features with respect to claim 15, as outlined above.
Niboshi does not teach a color conversion light-emitting device comprising the organic light-emitting device and a fluorescent layer disposed so as to face the light-extracted side of the organic light-emitting device, the fluorescent layer absorbing light emitted from the organic light-emitting device to emit light have a color different from the color of the absorbed light.
Nakamura et al. teaches a color conversion light-emitting device {paragraph [0045], lines 1-5} comprising a solid light-emitting element {paragraph [0045], line 3} and a fluorescent layer disposed so as to face the light-extracted side of the organic light-emitting device {paragraph [0045], lines 1-5: The color conversion layer}, the fluorescent layer absorbing light emitted from the organic light-emitting device to emit light have a color different from the color of the absorbed light {paragraph [0045]: The light-emitting material in the color conversion layer can emit fluorescent light, and the color of the light can be adjusted through the selection of the light-emitting material.}.
Therefore, at the time of the invention, it would have been obvious to one with ordinary skill in the art to have modified the light-emitting device disclosed by Niboshi. by including the color conversion layer of Nakamura et al. on the light extraction side of the device, based on the teaching of Nakamura et al.. The motivation for doing so would have been to adjust the color of the light emitting from the light-emitting device, as taught by Nakamura et al..
Claim(s) 1 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2017/0287985 A1) (hereafter “Kim”) as modified by Fleetham et al. (“Efficient “Pure” Blue OLEDs Employing Tetradentate Pt Complexes with a Narrow Spectral Bandwidth” Advanced Materials (2014) vol. 26, pp. 7116-7121.) (hereafter “Fleetham”) and Hatakeyama et al. (US 2020/0190115 A1) (hereinafter “Hatakeyama”).
Regarding claims 1 and 15-18: Kim discloses a light emitting device comprising a substrate, a first electrode and a second electrode facing each other {Fig. 3 and paragraphs [0070]-[0071]}.
Kim describes several options for the exact structure of the light emitting device of Fig. 3 of Kim.
The device comprises a first blue stack {element 210 of Fig. 3 as described in paragraphs [0076]-[0083]}, a first charge generation layer {element 240 of Fig. 3 as described in paragraphs [0111]-[0113]}, and a phosphorescent stack {element 220 of Fig. 3 as described in paragraphs [0086], [0097], and [0108] where the red emitter can be an iridium complex, which is a phosphorescent emitter} disposed between the first electrode and the second electrode.
The phosphorescent stack comprises a hole transport layer, a red-light emitting layer, a green light emitting layer, and a yellow-green light emitting layer between the red-light emitting layer and the green light emitting layer, and an electron transport layer sequentially stacked {paragraphs [0086], [0097]}.
The light-emitting dopant of the red-light emitting layer can be equated with a first dopant and can be an iridium complex, which is a phosphorescent emitter {paragraph [0108]}. The peak emission wavelength can be between 610 nm and 640 nm {paragraph [0101]}.
The first charge generation layer comprises a p-type charge generation layer and an n-type charge generation layer where the p-type charge generation layer is in contact with the hole transport layer of the phosphorescent stack and the n-type charge generation layer is on the opposite surface of the p-type generation layer to the hole transport layer {paragraphs [0112]-[0113]}.
The organic light emitting diode further comprises a third emitting part including a second blue emitting material layer and positioned between the first emitting part and the second electrode {Fig. 3 and paragraphs [0119]-[0120]}, and a second charge generation layer positioned between the second emitting part and the third emitting part {Fig. 3 and paragraphs [0126]-[0128]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have provided a device of Kim having the structure described above, based on the teaching of Kim. The modifications would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum device structures in order to produce optimal organic light-emitting devices.
Kim does not exemplify that one of the electrodes is transparent and one of the electrodes is reflective.
However, Kim teaches that the first electrode can be reflective and the second electrode can be reflective {paragraph [0075]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have provided a device of Kim such that the first electrode is reflective and the second electrode is reflective, based on the teaching of Kim. The modifications would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum device structures in order to produce optimal organic light-emitting devices.
Kim does not teach that the blue emitting unit nearest the second electrode comprises a phosphorescent dopant.
Fleetham teaches the compound shown below as a phosphorescent light emitting dopant for organic light emitting devices {Figure 1; Table 1; and p. 7117, 2nd col., final paragraph through p. 7119, 1st col., 1st paragraph}.
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Fleetham teaches that the compounds of Fleetham are efficient emitters {paragraph bridging pp. 7119-7120}.
Fleetham teaches that the compound of Fleetham has a peak emission wavelength of 551 nm {Table 1}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the device of Kim by using the Pt complex of Fleetham shown above as a phosphorescent light emitting dopant of the blue light-emitting layer nearest the second electrode, based on the teaching of Fleetham. The motivation for doing so would have been to use a compound known to be an efficient emitter.
Kim does not teach that the blue emitting unit nearest the first electrode comprises a fluorescent dopant.
Hatakeyama teaches thermally activated delayed fluorescent materials for use as light emitting dopants in organic light emitting devices {paragraphs [0076]-[0077], [0161], and Example 1 of Table 1}.
Hatakeyama exemplifies the compound shown below {Example 1 of Table 1 where compound 1-1 is described in paragraph [0466]}.
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Hatakeyama teaches that the compound of Hatakeyama has a peak emission wavelength of 470 nm {paragraph [0563]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the device taught by Kim by using the compound of Hatakeyama shown above as the fluorescent dopant of the blue emitting unit nearest the first electrode, based on the teaching of Hatakeyama. The modification would have been a combination of prior art elements (the use of known fluorescent dopants) according to known methods to yield predictable results. See MPEP 2143(I)(A). The selection of Hatakeyama’s compound shown above would have been a choice from a finite number of identified, predictable solutions (the compounds of Hatakeyama exemplified in device examples), with a reasonable expectation of success. See MPEP 2143(I)(E). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices.
Kim as modified by Fleetham and Hatakeyama does not exemplify that the display device comprises a red, green, and blue pixel region, each comprising the device structure described above.
Kim teaches that the display device can comprise a red, green, and blue pixel region, each comprising the device structure of Kim described above {paragraph [0042]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the device of Kim by using the device in a device structure comprising a red, green, and blue pixel region, each comprising the device structure of Kim described above, based on the teaching of Kim. The modification would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum device structures in order to produce optimal organic light-emitting devices.
Kim as modified by Fleetham and Hatakeyama does not exemplify that the display device comprises a color filter layer.
Kim teaches that the display device can comprise a color filter layer on the organic light emitting diode {paragraph [0050]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the device of Kim by incorporating a color filter layer on the organic light emitting diode, based on the teaching of Kim. The modification would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum device structures in order to produce optimal organic light-emitting devices.
Kim as modified by Fleetham and Hatakeyama teaches the claimed invention above but fails to teach a ratio of a second emission peak intensity of the phosphorescent dopant in the second emitting material layer to a first emission peak intensity of the phosphorescent dopant in the second emitting material layer is 0.5 or less. It is reasonable to presume that a ratio of a second emission peak intensity of the phosphorescent dopant in the second emitting material layer to a first emission peak intensity of the phosphorescent dopant in the second emitting material layer being 0.5 or less is inherent to Kim as modified by Fleetham and Hatakeyama. Support for said presumption is found in the use of like materials and like processes which would result in the claimed property.
The compound of Fleetham has the same structure as the instant PD3 {paragraph [0082] of the instant specification}. Table 1 of the instant specification shows that the instant PD3 meets the claimed property.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the Kim as modified by Fleetham and Hatakeyama product is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN CLAY KERSHNER whose telephone number is (303)297-4257. The examiner can normally be reached M-F, 9am-5pm (Mountain).
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/DYLAN C KERSHNER/Primary Examiner, Art Unit 1786