Prosecution Insights
Last updated: May 29, 2026
Application No. 18/053,152

LIGHT-EMITTING DEVICE AND ELECTRONIC APPARATUS INCLUDING THE LIGHT-EMITTING DEVICE

Non-Final OA §102§103
Filed
Nov 07, 2022
Priority
Nov 12, 2021 — RE 10-2021-0156047
Examiner
DAHLBURG, ELIZABETH M
Art Unit
1786
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
49%
Grant Probability
Moderate
1-2
OA Rounds
1y 1m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
91 granted / 185 resolved
-15.8% vs TC avg
Strong +48% interview lift
Without
With
+48.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
29 currently pending
Career history
229
Total Applications
across all art units

Statute-Specific Performance

§103
82.9%
+42.9% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 185 resolved cases

Office Action

§102 §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 Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on each of 11/07/2022 and 04/17/2025 has been considered by the examiner. 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, 7-8, and 16-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Niboshi et al. WO-2019064333-A1, see English language equivalent US-20200388780-A1 referred to herein as "Niboshi". Regarding claims 1-4, 7-8, and 16-20, Niboshi discloses an organic EL display comprises an anode electrode, an organic EL layer, and a cathode electrode (¶ [0110]), wherein the organic EL layer comprises a hole injection layer (HIL), a hole transport layer (HTL), a light-emitting layer unit including a plurality of luminescent material containing layers, an electron transport layer (ETL), and an electron injection layer (EIL) are layered in this order from the anode electrode (¶ [0046]). Niboshi discloses wherein the light-emitting layer unit comprises a blue phosphorescent luminescent material containing layer and a blue fluorescent luminescent material containing layer layered in this order from the anode electrode (¶ [0111]), wherein the blue phosphorescent luminescent material containing layer comprises a blue phosphorescent luminescent material and a host (¶ [0111] and ¶ [0056]), the blue fluorescent luminescent material containing layer comprises blue fluorescent luminescent material and a host (¶ [0111] and ¶ [0056]), and wherein excitons are generated in each of the layers (¶ [0110]). Niboshi discloses wherein the blue fluorescent luminescent material in the blue fluorescent luminescent material containing layer includes a blue Triplet-Triplet Annihilation (TTA) material that generates a singlet exciton from a triplet exciton through a TTA phenomenon (¶ [0150]). Niboshi discloses the organic EL display device on a Thin Film Transistor (TFT) substrate (¶ [0029]), with a plurality of gate wiring lines and a plurality of source wiring lines connected to the TFT (¶ [0032]). Niboshi teaches the device as part of an apparatus further comprising a polarizing film and a touch sensor film (¶ [0081]). 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. Claims 5-6, 9-10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Niboshi et al. WO 2019064333 A1, see English language equivalent US-20200388780-A1 referred to herein as "Niboshi" as applied to claims 1, 2, and 7 above. Additionally supporting evidence provided by Song et al. Optoelectron. Lett. Vol. 2 No. 5, 15 Sept 2006 and Baranoff et al. Dalton Trans., 2015, 44, 8318. Regarding claims 5-6, 9-10, and 13-15, Niboshi discloses the device as described above with respect to claims 1, 2, and 7. Niboshi does not specifically exemplify a device wherein the blue fluorescent luminescent TTA material and the blue phosphorescent dopant meet all of the requirements of claims 5-6, 9-10, and 13-15. Niboshi teaches specific examples of blue fluorescent luminescent TTA material including 4,4′-bis(2,2′-diphenylvinyl)-biphenyl (DPVBi) (¶ [0152]), which is a transition-metal-free compound. As evidenced by Song et al., DPVBi emits at 464 nm (Abstract), which falls within the claimed range for an emission peak wavelength of 400 to 500 nm. Niboshi teaches examples of the blue phosphorescent dopant, including Firpic ( bis[2-(4,6-difluorophenyl)pyridinate-N, C2′]iridium picolinate) (¶ [0067]), which is an organometallic compound comprising transition metal iridium and a ligand with a fluoro group, and meet claimed Formula 12, (and corresponds to PD17 in the instant specification). As evidenced by Baranoff et al., Firpic maximum emission is at about 472 nm (page 8352, first column, second paragraph), which falls within the claimed range for an emission peak wavelength of 400 to 500 nm. Niboshi teaches the device obtains the beneficial properties of a good balance between luminous efficiency and color level (¶ [0010]). 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 the blue fluorescent luminescent TTA material as DPVBi and the blue phosphorescent dopant as FIrpic, because it would have been choosing from the list of materials specifically disclosed by Niboshi, which would have been a choice from a finite number of identified, predictable solutions of a compounds useful as the blue fluorescent luminescent TTA material and the blue phosphorescent dopant in the device of Niboshi and possessing the beneficial properties taught by Niboshi. One of ordinary skill in the art would have been motivated to produce additional devices comprising combinations of the blue fluorescent luminescent TTA material and the blue phosphorescent dopant having the beneficial properties as described above taught by Niboshi in order to pursue the known options within their technical grasp with a reasonable expectation of success. See MPEP § 2143.I.(E). Because the emission peak of the emission peak wavelength of DPVBi is 464 nm and Firpic maximum emission is at about 472 nm, the combination of these two also falls in a range of 400 to 500 nm. Therefore, modified device comprising the blue fluorescent luminescent TTA material as DPVBi and the blue phosphorescent dopant as FIrpic further meets claims 5-6, 9-10, and 13-15. Claims 5-6, 9-12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Niboshi et al. WO 2019064333 A1, see English language equivalent US-20200388780-A1 referred to herein as "Niboshi" as applied to claim 1, 2, and 7 above, and further in view of Fleetham et al. Chem. Mater. 2016, 28, 3276-3282. Additionally supporting evidence provided by Song et al. Optoelectron. Lett. Vol. 2 No. 5, 15 Sept 2006. Regarding claims 5-6, 9-12, and 14-15, Niboshi discloses the device as described above with respect to claims 1, 2, and 7. Niboshi does not specifically exemplify a device wherein the blue fluorescent luminescent TTA material and the blue phosphorescent dopant meet all of the requirements of claims 5-6, 9-12, and 14-15. Niboshi teaches specific examples of blue fluorescent luminescent TTA material including 4,4′-bis(2,2′-diphenylvinyl)-biphenyl (DPVBi) (¶ [0152]), which is a transition-metal-free compound. As evidenced by Song et al., DPVBi emits at 464 nm (Abstract), which falls within the claimed range for an emission peak wavelength of 400 to 500 nm. Niboshi teaches the device obtains the beneficial properties of a good balance between luminous efficiency and color level (¶ [0010]). 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 the blue fluorescent luminescent TTA material as DPVBi, because it would have been choosing from the list of materials specifically disclosed by Niboshi, which would have been a choice from a finite number of identified, predictable solutions of a compounds useful as the blue fluorescent luminescent TTA material in the device of Niboshi and possessing the beneficial properties taught by Niboshi. One of ordinary skill in the art would have been motivated to produce additional devices comprising combinations of the blue fluorescent luminescent TTA material having the beneficial properties as described above taught by Niboshi in order to pursue the known options within their technical grasp with a reasonable expectation of success. See MPEP § 2143.I.(E). Fleetham et al. discloses a deep blue phosphorescent emitting for use in organic light emitting diodes (Abstract). Fleetham teaches that the emission spectra of PtNON shows a deep blue emission peaking at 438 nm (Abstract) and that it is highly efficient (page 3280, Conclusion). 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 modified the device of Niboshi by forming the blue phosphorescent dopant out of PtNON, as taught by Fleetham et al.. One would have been motivated to do so because Niboshi teaches a blue phosphorescent luminescent material containing layer and Fleetham et al. teaches a blue phosphorescent material PtNON suitable for use as a dopant in an organic light emitting diode. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the pertinent art. See MPEP § 2144.07. Additionally, Fleetham teaches PtNON to be a highly efficiency deep blue phosphorescent emitter and therefore forming the blue phosphorescent dopant in the device of Niboshi of PtNON would yield the benefit of high efficiency and deep blue emission, as described above. Because the emission peak of the emission peak wavelength of DPVBi is 464 nm and of PtNON is 438 nm, the combination of these two also falls in a range of 400 to 500 nm. Therefore, modified device comprising the blue fluorescent luminescent TTA material as DPVBi and the blue phosphorescent dopant as PtNON further meets claims 5-6, 9-12, and 14-15. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Hack et al. US-20200373360-A1, cited on the IDS of 04/17/2025 teaches a phosphorescent blue layer and a fluorescent blue layer used together in the OLED stack (¶ [0054]). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elizabeth M. Dahlburg whose telephone number is 571-272-6424. The examiner can normally be reached Monday through Thursday, 9 a.m. to 4 p.m. ET, and alternate Fridays. 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. /ELIZABETH M. DAHLBURG/Primary Examiner, Art Unit 1786
Read full office action

Prosecution Timeline

Nov 07, 2022
Application Filed
Jan 08, 2026
Non-Final Rejection mailed — §102, §103
Apr 03, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12637466
BENZOCARBAZOLE-BASED COMPOUND AND ORGANIC LIGHT-EMITTING DEVICE COMPRISING SAME
6y 6m to grant Granted May 26, 2026
Patent 12635403
ORGANIC ELECTROLUMINESCENCE DEVICE
6y 1m to grant Granted May 19, 2026
Patent 12635373
ORGANIC LIGHT EMITTING DIODE AND ORGANIC LIGHT EMITTING DEVICE INCLUDING THEREOF
4y 10m to grant Granted May 19, 2026
Patent 12628551
ORGANIC LIGHT-EMITTING DEVICE
6y 0m to grant Granted May 12, 2026
Patent 12628552
LIGHT-EMITTING DEVICE AND ELECTRONIC APPARATUS INCLUDING THE LIGHT-EMITTING DEVICE
4y 10m to grant Granted May 12, 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
49%
Grant Probability
98%
With Interview (+48.3%)
4y 7m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 185 resolved cases by this examiner. Grant probability derived from career allowance rate.

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