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 .
Applicant’s arguments and amendments filed 3/16/26 have been entered and considered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/4/26 was filed after the mailing date of the Non-Final Rejection on 1/2/26. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al (US 2023/0075189 A1) .
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Kim et al discloses a light-emitting device (Figure 1, reference 10) comprising: a first electrode (Figure 1, reference 11); a second electrode (Figure 1, reference 15) facing the first electrode (Figure 1, reference 11); an emission layer (Figure 1, reference 13) between the first electrode (Figure 1, reference 11) and the second electrode (Figure 1, reference 15); and a functional layer (Figure 1, reference 14) between the emission layer (Figure 1, reference 13) and the second electrode (Figure 1, reference 15), wherein the functional layer (Figure 1, reference 14) comprises a first metal oxide and a second metal particle, and the second metal particle is Mg, Au, Ag, Cu, Fe, or any combination thereof (paragraph 0136; zinc magnesium oxide).
Regarding claim 2, Kim et al discloses wherein a first metal of the first metal oxide (Figure 1, reference 14) is Zn, Mg, Ti, Si, Sn, W, Zr, Hf, Ta, Ba, Al, Y, or any combination thereof (paragraph 0136; Zn).
Regarding claim 3, Kim et al discloses wherein the first metal oxide is represented by Formula 1: Formula 1 M11-xM2XOy wherein, in Formula 1, M1 and M2 each independently comprise Zn, Mg, Ti, Si, Sn, W, Zr, Hf, Ta, Ba, AI, Y, or a combination thereof, and x satisfies 0<x<1, and y satisfies 0<y<5 (paragraph 0136).
Regarding claim 4, Kim et al discloses wherein M1 is Zn, and x satisfies 0<x<0.5 (paragraph 0136).
Regarding claim 5, Kim et al discloses wherein an average particle diameter (D50) of the first metal oxide is in a range of about 8 nm to about 15 nm (paragraph 0110).
Regarding claim 6, Kim et al discloses wherein an average particle diameter (D50) of the second metal particle is in a range of about 4 nm to about 12 nm (paragraph 0110).
Regarding claim 7, Kim et al discloses wherein the functional layer (Figure 1, reference 14) and the emission layer (Figure 1, reference 13) are in direct contact with each other (on top).
Regarding claim 8, Kim et al discloses wherein the emission layer (Figure 1, reference 13) comprises a quantum dot (paragraph 0076).
Regarding claim 9, Kim et al discloses wherein the quantum dot comprises a Group II-VI semiconductor compound, a Group III-V semiconductor compound, a Group III-VI semiconductor compound, a Group 1-III-VI semiconductor compound, a Group IV-VI semiconductor compound, a Group IV element or compound, or any combination thereof (paragraph 0093).
Regarding claim 10, Kim et al discloses wherein the quantum dot has a core-shell structure (paragraph 0092).
Regarding claim 11, Kim et al discloses wherein the first electrode is an anode (Figure 1, reference 11; paragraph 0076), the second electrode is a cathode (Figure 1, reference 15; paragraph 0076), the light-emitting device (Figure 1) further comprises a hole transport region (Figure 1, reference 12; paragraph 0128) between the first electrode (Figure 1, reference 11) and the emission layer (Figure 1, reference 13) and an electron transport region (Figure 1, reference 14; paragraph 0134) between the emission layer (Figure 1, reference 13) and the second electrode (Figure 1, reference 15), and the electron transport region comprises the functional layer (Figure 1, reference 14; paragraphs 0134-0136).
Regarding claim 12, Kim et al discloses wherein the functional layer (Figure 1, reference 14) comprises a mixture of the first metal oxide and the second metal particle (paragraph 0136).
Regarding claim 13, Kim et al discloses wherein the thickness functional layer comprises n first functional layer(s) and m second functional layer(s), the n first functional layer(s) comprises the first metal oxide, the m second functional layer(s) comprises the second metal particle, and n and m are each independently an integer of 1 or more (paragraphs 0134-0136).
Regarding claim 14, Kim et al discloses wherein a ratio of a thickness of a respective one of the n first functional layer(s) to a thickness of a respective one of the m second functional layer(s) is 10 : 1 to 100 : 1 (paragraphs 0134-0136).
Regarding claim 15, Kim et al discloses wherein n and m are each 1 (paragraphs 0134-0136).
Regarding claim 16, Kim et al discloses wherein a respective one of the m second functional layer(s) is between a respective one of the n first functional layer(s) and the emission layer, or the first functional layer is between the second functional layer and the emission layer (paragraphs 0134-0136).
Regarding claim 17, Kim et al discloses wherein a respective one of the n first functional layer(s) and a respective one of the m second functional layer(s) are in direct contact with each other (paragraphs 0134-0136).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2023/0075189 A1) in view of Kim et al (US 2022/0123250 A1).
Kim et al 189’ discloses all of the claimed subject matter as stated above.
However, Kim et al 189’ does not disclose an electronic apparatus comprising the light-emitting device of claim 1 (claim 18), further comprising a thin-film transistor, wherein: the thin-film transistor comprises a source electrode and a drain electrode, and the first electrode of the light-emitting device is electrically connected to the source electrode or the drain electrode (claim 19) nor further comprising a color filter, a color conversion layer, a touch screen layer, a polarizing layer, or any combination thereof (claim 20).
Kim et al 250’ discloses an electronic apparatus comprising the light-emitting device of claim 1 (paragraph 0024), further comprising a thin-film transistor, wherein: the thin-film transistor comprises a source electrode and a drain electrode, and the first electrode of the light-emitting device is electrically connected to the source electrode or the drain electrode (paragraph 0025) and further comprising a color filter, a color conversion layer, a touch screen layer, a polarizing layer, or any combination thereof (paragraph 0026).
It would have been obvious, prior to the effective filing date of the instant application, for one having ordinary skill in the art, to modify Kim et al 189’ with the teachings of Kim et al 250’ for the purpose of forming an electronic apparatus including a light emitting device, the light emitting device electrically connected to a source/drain of the TFT and the electronic apparatus including a color filter, a color-conversion layer, a touchscreen layer or a polarization layer in order to emit light from emission or authentication apparatuses.
Response to Arguments
Applicant's arguments filed 3/16/26 have been fully considered but they are not persuasive.
Applicant argues on pg. 6 of their arguments that the prior art does not disclose a neat (elemental) metal that excludes a metal oxide compound in independent claim 1. Examiner disagrees. What is a neat (elemental) metal? Applicant is arguing something that is not defined in their specification nor claimed. Further Kim et al 189’ discloses zinc magnesium oxide (paragraph 0136) which meet the claimed subject matter of the functional layer in the independent claim. Thus, claimed limitations have been met.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA D HARRISON whose telephone number is (571)272-1959. The examiner can normally be reached M-F 7-4:30pm.
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/MONICA D HARRISON/Primary Examiner, Art Unit 2815
mdh
March 23, 2026