Prosecution Insights
Last updated: April 19, 2026
Application No. 17/986,355

ORGANIC LIGHT EMITTING DIODE AND ORGANIC LIGHT EMITTING DEVICE INCLUDING THE SAME

Non-Final OA §103
Filed
Nov 14, 2022
Examiner
SIMBANA, RACHEL A
Art Unit
1786
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Jinwoong Industrial Co. Ltd.
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
4y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
95 granted / 153 resolved
-2.9% vs TC avg
Strong +45% interview lift
Without
With
+44.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
72 currently pending
Career history
225
Total Applications
across all art units

Statute-Specific Performance

§103
54.3%
+14.3% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 153 resolved cases

Office Action

§103
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 . 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. KR10-2021-0178382, filed on 12/14/2021. Information Disclosure Statement The information disclosure statements (IDSs) submitted on 11/14/2022, 04/24/2023, 09/10/2025, and 01/06/2026 were filed after the mailing date of the instant application on 11/14/2022. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Specification The disclosure is objected to because of the following informalities: The letters, numbers, and/or bonds in the chemical structures given in paragraphs [0080] and [0085] are illegible. Please correct these structures so all letters, numbers, and/or bonds are clearly visible. See the examples below. PNG media_image1.png 216 324 media_image1.png Greyscale PNG media_image2.png 202 110 media_image2.png Greyscale Please note that these examples are non-limiting and there may be other structures that require correction. Please check all formulae to make sure they are clear. Applicant may wish to make these structures clearer by increasing font size, making the font bold, and/or making the lines thicker. Appropriate correction is required. Claim Objections Claims 2, 4, and 11 are objected to because of the following informalities: The letters, numbers, and/or bonds in the chemical structure given in claims 2 and 4 are illegible. Please correct these structures so all letters, numbers, and/or bonds are clearly visible. See the examples below. PNG media_image1.png 216 324 media_image1.png Greyscale PNG media_image2.png 202 110 media_image2.png Greyscale Please note that these examples are non-limiting and there may be other structures that require correction. Please check all formulae to make sure they are clear. Applicant may wish to make these structures clearer by increasing font size, making the font bold, and/or making the lines thicker. With respect to claim 11, please add a space between “20” and “nm”. Appropriate correction is required. 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 (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. 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 1-10, 12-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ito et al. (US 2015/0364693 A1). With respect to claim 1, Ito discloses an organic light emitting diode comprising a first electrode (an anode, paragraph 0037), a second electrode (a cathode, paragraph 0213), a first emitting material layer (emission layer, EML, paragraph 0101) between the electrodes, a first intermediate organic layer between the first emitting material layer and the second electrode (an electron transport region) including a first organic layer (a hole-blocking layer, HBL) and a second organic layer (an electron transporting layer, ETL) between the first organic layer and the second electrode (paragraph 0183). Ito discloses that the HBL includes a compound of Formula 2 (paragraph 0187), such as Compound 480 (page 52), which is pictured below. PNG media_image3.png 422 472 media_image3.png Greyscale This compound is derived from Formula 2 (paragraph 0097), which is pictured below. PNG media_image4.png 380 530 media_image4.png Greyscale Ito also teaches that R24 is represented by Formula 4-9 (paragraph 0079 and page 7), which is pictured below. PNG media_image5.png 124 344 media_image5.png Greyscale Such a modification produces a compound that meets the requirements of instant Formula 1-1 when Ar1 and Ar2 are each a substituted C6 aryl, and all R groups are hydrogen atoms Ito includes each element claimed, with the only difference between the claimed invention and Ito being a lack of the aforementioned combination being explicitly stated. Absent a showing of unexpected results, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select any known substituent from each of the finite lists of possible combinations to arrive at the compound of the instant claim since the combination of elements would have yielded the predictable result of a compound with great electron transporting ability (paragraph 0099), commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E). Further, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use the compound in the EBL of an organic electroluminescent device in order to obtain an organic light-emitting device with high efficiency and long lifespan (paragraph 0100), as taught by Ito. With respect to claim 2, Ito teaches the diode of claim 1, as discussed above. Ito also teaches that R25 is represented by Formula 4-1 (paragraph 0079 and page 6), which is pictured below, and that R26 and R27 may be phenanthrenyl (paragraph 0070, line 7). PNG media_image6.png 176 306 media_image6.png Greyscale Such a modification produces instant compound A-23. Ito includes each element claimed, with the only difference between the claimed invention and Ito being a lack of the aforementioned combination being explicitly stated. Absent a showing of unexpected results, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select any known substituent from each of the finite lists of possible combinations to arrive at the compound of the instant claim since the combination of elements would have yielded the predictable result of a compound with great electron transporting ability (paragraph 0099), commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E). With respect to claim 3, Ito teaches the diode of claim 1, and Ito also teaches that the second organic layer (the ETL) may comprise a compound of Formula 601 (paragraph 0189), such as ET10 (paragraph 0205 and page77), which is pictured below. PNG media_image7.png 586 436 media_image7.png Greyscale This compound meets the requirements of instant Formula 2-3 when Ar31 is C10 aryl group, and Ar31 and Ar32 are both a substituted C6 aryl group. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use an anthracene derivative compound in the ETL, as taught by Ito. With respect to claim 4, Ito teaches the diode of claim 3, as discussed above. Examiner notes that Ito is not limiting with respect to the bonding position of the pyridine moieties on the phenylene moieties in Formula 601. Given the general formula and teachings of Ito, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to make the positional isomer of compound ET10 in order to pursue the known options within his or her technical grasp and would expect the isomeric compounds to be useful as a material in the ETL of the electroluminescent device of Ito and possess the properties taught by Ito. A prima facie case of obviousness exists when chemical compounds have very close structural similarity and similar utilities. See MPEP 2144.09 I. When compounds which are position isomers or homologs are of sufficiently close structural similarity, there is an expectation that such compounds possess similar properties. See MPEP 2144.09 II. Such a positional isomer is instant compound D-10. With respect to claims 5 and 6, Ito teaches the diode of claim 3, and Ito teaches that the second organic layer (the ETL) also comprises ET-D1 (LiQ) (paragraphs 0207-0208), which is a lithium derivative, in a 50:50 ratio relative to the ETL material (paragraph 0266 and Table 2, page 86). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use a lithium derivative, in the proportion taught, in the ETL, as taught by Ito. With respect to claims 7-10 and 12-17, Ito teaches the diode of claim 1, as discussed above. Ito also teaches that when the organic light-emitting device is a full color device, the device may have a structure wherein a red EML, green EML, and blue EML are layered (paragraph 0164). As discussed above, Ito teaches an emitting material layer (emission layer, EML, paragraph 0101), adjacent to an intermediate organic layer (an electron transport region), and the intermediate organic layer includes a first organic layer (a hole-blocking layer, HBL) adjacent to the emission layer and a second organic layer (an electron transporting layer, ETL) adjacent to the first organic layer (paragraph 0183). Ito discloses that the HBL includes a compound of Formula 2 (paragraph 0187), which meets the requirements of instant Formula 1-1, as discussed above, and the ETL includes a compound of Formula 601 (paragraph 0189) which meets the requirements of instant Formula 2-3, also as discussed above, and that the second organic layer (the ETL) also comprises ET-D1 (LiQ) (paragraphs 0207-0208), which is a lithium derivative, in a 50:50 ratio relative to the ETL material (paragraph 0266 and Table 2, page 86). Ito teaches that the combination of elements described above results in a device with high efficiency, high heat resistance, and a long lifespan (paragraph 0287). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use the same composition described above in each of the red EML, green EML, and blue EML described above in order to arrive at device of the claimed invention, and achieve a device with high efficiency, high heat resistance, and a long lifespan, as taught by Ito. Such a device meets the requirements of the instant claim when the first emitting material layer is a blue layer, the second emitting material layer is a green layer, and the second intermediate organic layer comprises a third organic layer (HBL) and a fourth organic layer (ETL) and the third organic layer comprises a fourth compound which meets the requirements of instant Formula 1-1, as discussed above. Such a device also meets the requirements of instant claim 8 when the second intermediate organic layer comprises a third (HBL) and fourth (ETL) organic layer, and the fourth organic layer comprises a fifth compound of instant Formula 2-3, as discussed above. Such a device also meets the requirements of instant claim 9 when the fourth organic layer (ETL) further comprises a sixth compound, which is the lithium derivative (LiQ), discussed above. Such a device also meets the requirements of instant claim 10 when the sixth compound (LiQ) is present in a 50:50 ratio relative to the fifth compound (the ETL material of instant Formula 2-3), as discussed above. Such a device also meets the requirements of instant claim 12 when the first emitting material layer is a blue layer, the second emitting material layer is a green layer, and the third emitting material layer is a red layer, as discussed above. Such a device also meets the requirements of instant claim 13 where the third emitting material layer has a third intermediate organic layer comprising a fifth organic layer (HBL) and a sixth organic layer (ETL) and the HBL comprises a seventh compound of instant Formula 1-1. Such a device also meets the requirements of instant claim 14 when the sixth organic layer (ETL) comprises an eighth compound represented by instant Formula 2-3, as discussed above. Such a device also meets the requirements of instant claim 15 when the sixth organic layer (ETL) further comprises a ninth compound (LiQ), which is a lithium derivative, as discussed above. Such a device also meets the requirements of instant claim 16 when the ninth compound (LiQ) is present in a 50:50 ratio relative to the eighth compound (the ETL material of instant Formula 2-3), as discussed above. Such a device also meets the requirements of instant claim 17 when the first layer is a blue light emitting layer, the second layer is a green light emitting layer, and the third layer is a red light emitting layer, as discussed above. With respect to claim 19, Ito discloses an organic light emitting diode comprising a first electrode (an anode, paragraph 0037) disposed on a substrate (paragraph 0037, line 3), a second electrode (a cathode, paragraph 0213), a first emitting material layer (emission layer, EML, paragraph 0101) between the electrodes, a first intermediate organic layer between the first emitting material layer and the second electrode (an electron transport region) including a first organic layer (a hole-blocking layer, HBL) and a second organic layer (an electron transporting layer, ETL) between the first organic layer and the second electrode (paragraph 0183). Ito discloses that the HBL includes a compound of Formula 2 (paragraph 0187), such as Compound 480 (page 52), which is pictured below. PNG media_image3.png 422 472 media_image3.png Greyscale This compound is derived from Formula 2 (paragraph 0097), which is pictured below. PNG media_image4.png 380 530 media_image4.png Greyscale Ito also teaches that R24 is represented by Formula 4-9 (paragraph 0079 and page 7), which is pictured below. PNG media_image5.png 124 344 media_image5.png Greyscale Such a modification produces a compound that meets the requirements of instant Formula 1-1 when Ar1 and Ar2 are each a substituted C6 aryl, and all R groups are hydrogen atoms Ito includes each element claimed, with the only difference between the claimed invention and Ito being a lack of the aforementioned combination being explicitly stated. Absent a showing of unexpected results, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select any known substituent from each of the finite lists of possible combinations to arrive at the compound of the instant claim since the combination of elements would have yielded the predictable result of a compound with great electron transporting ability (paragraph 0099), commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E). Further, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to use the compound in the EBL of an organic electroluminescent device in order to obtain an organic light-emitting device with high efficiency and long lifespan (paragraph 0100), as taught by Ito. With respect to claim 20, Ito teaches the device of claim 19, and Ito also teaches a color filter layer over the diode, wherein a red pixel, green pixel, and blue pixel are defined on the substrate, the organic light emitting diode corresponds to each of the pixels, and the color filter layer corresponds to each pixel to produce white light (paragraph 0164). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to construct a white light emitting device with the claimed device structure, as taught by Ito. Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ito et al. (US 2015/0364693 A1) as applied above, and further in view of Heo et al. (US 2015/0188074 A1). With respect to claims 11 and 18, Ito teaches the diode of claims 2 and 13, as discussed above. However, Ito does not teach nor fairly suggest that the difference between the emission wavelength of the first emitting material layer and the emission wavelength of the second emitting material layer is 0 to 20 nm (claim 11), nor does Ito teach the presence of two blue light emitting layers and one emitting material layer comprising a red emitting layer and green emitting layer (claim 18). In analogous art, Heo teaches a tandem white light emitting device comprising a first and second blue light emitting layer and a third layer which emits yellow-green light (abstract and paragraph 0062) which demonstrates enhanced efficiency. Heo teaches that electrons that are not capable of contributing to the light emission of the second blue emission layer migrate to the first blue emission layer and thus are used completely in emission of light from the first emission layer and consequently, electrons and holes completely contribute to light emission and thus efficiency is enhanced, particularly efficiency of the blue emission color is enhanced (paragraph 0063). Examiner is interpreting the yellow-green light emission to meet the requirements of red and green emission. Examiner is also interpreting two adjacent blue light emitting layers to meet the requirements of an emission color difference of 20 nm or less. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to include a first and second blue-light emitting layers and a third layer that achieves yellow-green light in the device of Ito in order to achieve an organic light-emitting device with enhanced efficiency, particularly efficiency of blue emission color, as taught by Heo. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (KR 2021/0069866 A) – teaches that when a quinoline moiety is bonded to a 2-3 N-containing 6-membered heteroaromatic ring, the compound has a stronger electron withdrawing power so that electron injection and transport capabilities are improved (paragraph 0025). Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL SIMBANA whose telephone number is (571)272-2657. The examiner can normally be reached Monday - Friday, 8:00 A.M. - 4:30 P.M.. 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, Jennifer Boyd can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RACHEL SIMBANA/Examiner, Art Unit 1786
Read full office action

Prosecution Timeline

Nov 14, 2022
Application Filed
Feb 05, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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CARBENE COMPOUNDS AND ORGANIC ELECTROLUMINESCENT DEVICES
2y 5m to grant Granted Mar 17, 2026
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ORGANIC ELECTROLUMINESCENT MATERIALS AND DEVICES
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Patent 12563969
ORGANIC COMPOUND AND ORGANIC LIGHT EMITTING DIODE AND ORGANIC LIGHT EMITTING DEVICE INCLUDING THE SAME
2y 5m to grant Granted Feb 24, 2026
Patent 12545667
COMPOUND FOR ORGANIC ELECTRONIC ELEMENT, ORGANIC ELECTRONIC ELEMENT USING THE SAME, AND AN ELECTRONIC DEVICE THEREOF
2y 5m to grant Granted Feb 10, 2026
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2y 5m to grant Granted Jan 06, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
99%
With Interview (+44.7%)
4y 7m
Median Time to Grant
Low
PTA Risk
Based on 153 resolved cases by this examiner. Grant probability derived from career allow rate.

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