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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/27/2026 has been entered.
Response to Amendment
The present amendment, filed on or after 2/2/2026, has been entered. Claims 1 and 9 have been amended by the applicant. Accordingly, claims 1-20 remain pending in the application.
Applicant’s amendment to claim 9 has overcome the objection previously set forth in the Final Office Action mailed on 12/2/ 2025.
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 Korean Patent Application No. 10-2021-0186587, filed on 12/23/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-4, and 6-19 are rejected under 35 U.S.C. 103 as being unpatentable over Haruya (WO 2012161179 A1) in view of Kim (US 2017/0186985 A1).
Regarding claim 1, Haruya teaches a light-emitting device comprising:
a first electrode (first electrode 2, Fig. 1, [0051]);
a second electrode (second electrode 6, Fig. 1, [0051]) facing the first electrode (first electrode 2, Fig. 1); and
an interlayer (comprising hole transport layer 3, light-emitting layer 4, and electron transport layer 5, Fig. 1, [0051]) between the first electrode (first electrode 2, Fig. 1) and the second electrode ((second electrode 6, Fig. 1), wherein the interlayer comprises (hole transport layer 3, light-emitting layer 4, and electron transport layer 5, Fig. 1):
an emission layer (light-emitting layer 4, Fig. 1);
a hole transport region (hole transport layer 3, Fig. 1) between the first electrode (first electrode 2, Fig. 1) and the emission layer (light-emitting layer 4, Fig. 1); and
an electron transport region (electron transport layer 5, Fig. 1) between the emission layer (light-emitting layer 4, Fig. 1) and the second electrode (second electrode 6, Fig. 1),
the emission layer (light-emitting layer 4, Fig. 1) comprises a first quantum dot (first quantum dot 4a, Fig. 1, [0051]),
the hole transport region (hole transport layer 3, Fig. 1) comprises a second quantum dot (second quantum dot 3a, Fig. 1, [0051]),
the electron transport region (electron transport layer 5, Fig. 1) comprises a third quantum dot (third quantum dot 5a, Fig. 1, [0051]),
the first quantum dot (first quantum dot 4a, Fig. 1) to the third quantum dot (third quantum dot 5a, Fig. 1) are identical to or different from one another ([0052]: “… a second and a third quantum dots 3a and 5a made of an inorganic material different from the first quantum dot 4a forming the light-emitting layer 4.”),
a band gap of the second quantum dot (Eg(2)) and a band gap of the third quantum dot (Eg(3)) are each independently in a range of about 2.0 eV to about 3.6 eV (according to the disclosure ([0044]) “about” may mean ±20% of the stated value, therefore this limit cover the range between 1.6 eV to 4.32 eV, and Haruya’s example 2 (Table 2, [0152]) teaches this range), and
the band gap is a difference between a lowest unoccupied molecular orbital (LUMO) energy level ([0009]: lower unoccupied molecular orbital (LUMO)) and a highest occupied molecular orbital (HOMO) energy level (valence band, [0009], see tables 1-5, the HOMO and LUMO energy values are given as absolute values).
Haruya, however, does not teach that
the second quantum dot comprises:
CuS, CuSe, CuTe, Cu2S, Cu2Se, Cu2Te, Cu2S3, Cu2Se3, or Cu2Te3;
MgSe, MgS, CdSeS, CdSeTe, CdSTe, ZnSeS, ZnSeTe, ZnSTe, HgSeS, HgSeTe, HgSTe, CdZnS, CdZnSe, CdZnTe, CdHgS, CdHgSe, CdHgTe, HgZnS, HgZnSe, HgZnTe, MgZnSe, MgZnS, CdZnSeS, CdZnSeTe, CdZnSTe, CdHgSeS, CdHgSeTe, CdHgSTe, HgZnSeS, HgZnSeTe, or HgZnSTe;
AlP, AlAs, AlSb, InN, InP, InAs, InSb, GaNP, GaNAs, GaNSb, GaPAs, GaPSb, AlNP, AlNAs, AlNSb, AlPAs, AlPSb, InGaP, InNP, InAlP, InNAs, InNSb, InPAs, InPSb, GaAlNP, GaAlNAs, GaAlNSb, GaAlPAs, GaAlPSb, GalnNP, GalnNAs, GalnNSb, GalnPAs, GalnPSb, InAlNP, InAlNAs, InAlNSb, InAlPAs, InAlPSb, InZnP, InGaZnP, or InAlZnP;
AglnS, AglnS2, CuInS, CuInS2, CuGaO2, AgGaO2, or AgAlO2;
As2S3, As2Se3, As2Te3, Sb-2S3, Sb2Se3, or Sb2Te3
CuF, CuCl, CuBr, or Cul; or
a combination thereof.
Kim, on the other hand, teaches a light-emitting device (organic light emitting device, Fig. 1, [0028]) including an organic light-emitting diode (Fig. 2, [0024]) with a hole transport region (hole transport layer 171, Fig. 2, [0030]) including second quantum dots (p-type quantum dots, Fig. 1, [0073]: ”The hole transport layer 171 according to an embodiment may include P-type quantum dots where a P-type dopant is applied to quantum dots that are the same as the quantum dots included in the emission layer 173.”), an emission layer (emission layer 173, Fig. 2, [0030]) including first quantum dots ([0065]), and an electron transport region (electron transport layer 175, Fig. 2, [0030]). Kim further teaches that
the second quantum dot comprises:
CuS, CuSe, CuTe, Cu2S (C2S, [0020]: “The quantum dots may include at least one of In2S3, Cu2S, Ag2S, ZnSe, ZnS, ZnO, ZnTe, ZnSe, and ZnS.”), Cu2Se, Cu2Te, Cu2S3, Cu2Se3, or Cu2Te3;
MgSe, MgS, CdSeS, CdSeTe, CdSTe, ZnSeS, ZnSeTe, ZnSTe, HgSeS, HgSeTe, HgSTe, CdZnS, CdZnSe, CdZnTe, CdHgS, CdHgSe, CdHgTe, HgZnS, HgZnSe, HgZnTe, MgZnSe, MgZnS, CdZnSeS, CdZnSeTe, CdZnSTe, CdHgSeS, CdHgSeTe, CdHgSTe, HgZnSeS, HgZnSeTe, or HgZnSTe;
AlP, AlAs, AlSb, InN, InP, InAs, InSb, GaNP, GaNAs, GaNSb, GaPAs, GaPSb, AlNP, AlNAs, AlNSb, AlPAs, AlPSb, InGaP, InNP, InAlP, InNAs, InNSb, InPAs, InPSb, GaAlNP, GaAlNAs, GaAlNSb, GaAlPAs, GaAlPSb, GalnNP, GalnNAs, GalnNSb, GalnPAs, GalnPSb, InAlNP, InAlNAs, InAlNSb, InAlPAs, InAlPSb, InZnP, InGaZnP, or InAlZnP;
AglnS, AglnS2, CuInS, CuInS2, CuGaO2, AgGaO2, or AgAlO2;
As2S3, As2Se3, As2Te3, Sb-2S3, Sb2Se3, or Sb2Te3
CuF, CuCl, CuBr, or Cul; or
a combination thereof.
The hole transport layer in the light-emitting device of Kim is analogous to the hole transport layer in the light-emitting device of Haruya and in the light-emitting device of the current application. Considering that the band-gap for the bulk Cu2S is 1.2 eV, the band gap of the quantum dots can be tuned within the range of about 2.0 eV to about 3.6 eV, a person of ordinary skill in the art before the effective filing date of the claimed invention who is aiming to modify the LUMO and HOMO levels in a broader range would be motivated to replace the second quantum dot in the light-emitting device of Haruya with Cu2S as taught by Kim. Furthermore, selection of a known material based on its suitability for its intended is prima facie obvious (see MPEP 2144).
Regarding claim 2, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
Haruya further teaches that
the hole transport region (hole transport layer 3, Fig. 1, [0051]) comprises a hole transport layer (hole transport layer 3, Fig. 1, [0051]),
the hole transport layer (hole transport layer 3, Fig. 1, [0051]) comprises the second quantum dot (second quantum dot 3a, Fig. 1, [0051]),
the electron transport region (electron transport layer 5, Fig. 1, [0051]) comprises an electron transport layer (electron transport layer 5, Fig. 1), and
the electron transport layer (electron transport layer 5, Fig. 1) comprises the third quantum dot (third quantum dot 5a, Fig. 1, [0051]).
Regarding claim 3, Haruya in view of Kim teaches the light-emitting device of claim 2, wherein
Haruya further teaches that
the hole transport layer (hole transport layer 3, Fig. 1, [0051]) directly contacts the emission layer (light-emitting layer 4, Fig. 1, [0051]; light-emitting layer 4 is directly above the hole transport layer 3),
the electron transport layer (electron transport layer 5, Fig. 1, [0051]) directly contacts the emission layer (light-emitting layer 4, Fig. 1; electron transport layer 5 is directly above the light-emitting layer 4), or a combination thereof.
Regarding claim 4, Haruya in view of Kim teaches the light-emitting device of claim 2, wherein
Haruya in view of Kim further teaches that at least one of the hole transport layer (hole transport layer 3, Fig. 1) and the electron transport layer (electron transport layer 5, Fig. 1) does not include a metal oxide (hole transport layer 3 is Cu2S in the light-emitting device of Haruya in view of Kim (see claim 1 rejection above; Haruya, [0101]: electron transport layer 5 may be ZnS, ZnSe, GaN).
Regarding claim 6, Haruya in view of Kim teaches the light-emitting device of claim 2, wherein
Haruya further teaches that
the first electrode (first electrode 2, Fig. 1, [0051]) is an anode ([0051]: first electrode is an anode),
the second electrode (first electrode 2, Fig. 1, [0051]) is a cathode ([0051]: second electrode is a cathode),
the hole transport region (hole transport layer 3, Fig. 1, [0051]) further comprises a hole injection layer ([0112]: “the hole injection layer may be interposed between the anode 2 and the hole transport layer 3, … “) an emission auxiliary layer, an electron blocking layer, or a combination thereof, and
the electron transport region (electron transport layer 5, Fig. 1, [0051]) further comprises a buffer layer, a hole blocking layer, an electron control layer, an electron injection layer ([0023]: electron transport layer is an electron injection layer), or a combination thereof.
Regarding claim 7, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
Haruya in view of Kim further teaches that the first quantum dot (first quantum dot 4a, Fig. 1, [0099]: first quantum dot 4 can be CdSe or CdS, which are from Group II-VI), the second quantum dot (second quantum dot 3a, Fig. 1, second quantum dot 3a is Cu2S (see claim 1rejection above) which is from Group II-VI), and the third quantum dot (third quantum dot 5a, Fig. 1, [0101]: third quantum dot 5a can be ZnS or ZnSe, which are from Group II-VI) each independently comprise a Group I-VI semiconductor compound, a Group II-VI semiconductor compound (first quantum dot and third quantum dot are from Group II-VI, see above), a Group III-V semiconductor compound (second quantum dot is from Group III-V, see above), a Group I-III-VI semiconductor compound, a Group V-VI semiconductor compound, a Group I-VII semiconductor compound, or a combination thereof.
Regarding claim 8, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
Haruya further teaches that the first quantum dot (first quantum dot 4a, Fig. 1, [0099]), and the third quantum dot (third quantum dot 5a, Fig. 1, [0101]) each independently comprise:
CuS, CuSe, CuTe, Cu2S, Cu2Se, Cu2Te, Cu2S3, Cu2Se3, or Cu2Te3;
CdS, CdSe ([0099]: first quantum dot 4 can be CdSe), CdTe, ZnS ([0101]: third quantum dot 5a can be ZnS), ZnSe, ZnTe, ZnO, HgS, HgSe, HgTe, MgSe, MgS, CdSeS, CdSeTe, CdSTe, ZnSeS, ZnSeTe, ZnSTe, HgSeS, HgSeTe, HgSTe,CdZnS, CdZnSe, CdZnTe, CdHgS, CdHgSe, CdHgTe, HgZnS, HgZnSe, HgZnTe, MgZnSe, MgZnS, CdZnSeS, CdZnSeTe, CdZnSTe, CdHgSeS, CdHgSeTe, CdHgSTe, HgZnSeS, HgZnSeTe, orHgZnSTe;
GaN, GaP, GaAs, GaSb, AIN, AIP, AIA s, AISb, lnN, lnP, lnAs, lnSb, GaNP, GaNAs, GaNSb, GaPAs, GaPSb, AINP, AINAs, AINSb, AIPAs, AIPSb, lnGaP, lnNP, lnAIP, lnNAs, lnNSb, lnPAs, lnPSb, GaAINP, GaAINAs, GaAINSb, GaAIPAs, GaAIPSb, GalnNP, GalnNAs, GalnNSb, GalnPAs, GalnPSb, lnAINP, lnAINAs, lnAINSb, lnAIPAs, lnAIPSb, lnZnP, lnGaZnP, or lnAIZnP;
AglnS, AglnS2, CulnS, CulnS2, CuGaO2, AgGaO2, or AgAIO2; As2S3, As2Se3, As2Te3, Sb2S3, Sb2Se3, or Sb2Te3;
CuF, CuCI, CuBr, or Cul; or a combination thereof.
Regarding claim 9, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein Haruya further teaches that the third quantum dot (second quantum dot 3a, Fig. 1, [0100]) does not include ZnS (see the example embodiment in Table 2, where the third quantum 5a dot is ZnO).
Regarding claim 10, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
The combination of Haruya and Kim further teaches that a LUMO energy level of the second quantum dot (E_LUMO (2)) and a LUMO energy level of the third quantum dot (E_LUMO (3)) are each independently in a range of about -3.9 eV to about -2.2 eV ([0099]-[0101]: the first quantum dot 4a can be CdS, the second quantum dot 3a is Cu2S (see claim 1 rejection above), and the third quantum dot 5a can be ZnS, which is a material combination disclosed in the current application (see [0015]). Therefore, this material set would lead to the same ranges for the LUMO energy level of the second quantum dot (E_LUMO (2)) and the LUMO energy level of the third quantum dot (E_LUMO (3)) as disclosed in the current application).
Regarding claim 11, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
the combination of Haruya and Kim further teaches that a HOMO energy level of the second quantum dot (E_HOMO (2)) and a HOMO energy level of the third quantum dot (E_HOMO (3)) are each independently in a range of about -6.7 eV to about -5.2 eV ([0099]-[0101]: the first quantum dot 4a can be CdS, the second quantum dot 3a is Cu2S (see claim 1 rejection above), and the third quantum dot 5a can be ZnS, which is a material combination disclosed in the current application (see [0015]). Therefore, this material combination would lead to the same ranges for the HOMO energy level of the second quantum dot (E_HOMO (2)) and for the HOMO energy level of the third quantum dot (E_HOMO (3)) as disclosed in the current application).
Regarding claim 12, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
Haruya further teaches that a band gap of the first quantum dot (Eg(1)) is in a range of about 1.80 eV to about 2.5 eV (see the example embodiment in row 2 of Table 2, where the Eg(1) is 1.8 eV).
Regarding claim 13, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
Haruya further teaches that a LUMO energy level of the first quantum dot (E_LUMO (1)) is in a range of about -3.9 eV to about -3.0 eV (see the example embodiment in row 2 of Table 2, where the E_LUMO (1) is -3.7 eV (the energy values are given in absolute values)).
Regarding claim 14, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
Haruya further teaches that a HOMO energy level of the first quantum dot (E_HOMO (1)) is in a range of about -5.8 eV to about -5.4 eV ([0099]-[0101]: the first quantum dot 4a can be CdS, the second quantum dot 3a is Gan (see claim 1 rejection above), and the third quantum dot 5a can be ZnS, which is a material combination disclosed in the current application (see [0015]). Therefore, this material combination would lead to the same range of E_HOMO (1) values for the first quantum dot as disclosed in the current application).
Regarding claim 15, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
the combination of Haruya and Kim further teaches that each of the first quantum dot to the third quantum dot (first quantum dot 4a, second quantum dot 3a, third quantum dot 5a, Fig. 1, [0099]-[0101]) has a single structure (see the examples in Tables 1-5 where in each case first quantum dot 4a (second row), second quantum dot 3a (Cu2S, see claim 1 rejection), third quantum dot 5a (third row) has a single structure).
Regarding claim 16, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
Haruya further teaches that at least one of the first quantum dot to the third quantum dot (first quantum dot 4a, second quantum dot 3a, third quantum dot 5a, Fig. 1, [0099]-[0101]) has a core-shell structure ([0114]: “the first to third quantum dots 3a to 5a do not have a shell portion only by the core portion, but the core shell structure or the shell portion can be similarly applied to the core shell structure of the two-layer structure.”).
Regarding claim 17, Haruya in view of Kim teaches the light-emitting device of claim 1, wherein
the combination of Haruya and Kim further teaches that the first quantum dot to the third quantum dot (first quantum dot 4a, second quantum dot 3a, third quantum dot 5a, Fig. 1, [0099]-[0101]) are different from one another (see the examples in Tables 1-5 where in each case first quantum dot 4a (second row), second quantum dot 3a (Cu2S, see claim 1 rejection above), third quantum dot 5a (third row) are different from each other).
Regarding claim 18, while Haruya in view of Kim teaches the light-emitting device of claim 1,
Haruya does not teach an electronic apparatus comprising the light-emitting device of claim 1.
Kim, on the other hand, teaches an electronic apparatus (organic light emitting diode display, Fig. 1, [0028], [0019]: “Embodiments are also directed to an organic light emitting diode display, including a substrate, a thin film transistor on the substrate, a first electrode connected with
the thin film transistor, a hole transport layer on the first electrode, an emission layer on the hole transport layer, the emission layer including quantum dots, and a second electrode on the emission layer.”) comprising a light emitting device (organic light emitting element LD (Fig. 1) which is analogous to the light-emitting device of Haruya in view of Kim, Fig2. 1-2, [0053]: “an organic light emitting element LD including the pixel electrode 160, the emission element layer 170, and the common electrode 180 may be formed.”).
Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to manufacture a quantum dot-based display device by using the light emitting device of Haruya in view of Kim to obtain a display device, as taught by Kim.
Thus, the combination of Haruya and Kim meets all the limitations of claim 18.
Regarding claim 19, while Haruya in view of Kim teaches the electronic apparatus of claim 18, Haruya does not teach that the electronic apparatus further comprises 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.
Kim, on the other hand, teaches an electronic apparatus (organic light emitting diode display, Fig. 1, [0028]) comprising a thin-film transistor (thin film transistor 130, Fig. 1, [0029]), wherein
the thin-film transistor (thin film transistor 130, Fig. 1) comprises a source electrode (driving source electrode 131, Fig. 1, [0038]) and a drain electrode (driving drain electrode 132, Fig. 1, [0038]), and
the first electrode (pixel electrode 160, Fig. 1, [0043]: “A first electrode of the organic light emitting element, for example, a pixel electrode 160, …”) of the light-emitting device (light emitting element LD, Fig. 1) is electrically connected to the source electrode or the drain electrode (driving drain electrode 132, Fig. 1, [0043]: “The pixel electrode 160 may be connected to the drain electrode 132 through the third contact hole 122c of the planarization layer.”).
Thus, the combination of Haruya and Kim as applied to claim 18 above, also teaches all the limitations of claim 19.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Haruya (WO 2012161179 A1) in view of Kim (US 2017/0186985 A1) as applied to claims 1-4 and 6-19, and further in view of Iwata (US 2022/0393130 A1).
Regarding claim 5, while Haruya in view of Kim teaches the light-emitting device of claim 2,
neither Haruya nor Kim teaches that the emission layer, the hole transport layer, and the electron transport layer are each formed by an inkjet printing method.
Iwata, on the other hand, teaches a quantum dot light emitting device (electroluminescent
element XR, Fig. 1, [0036]), wherein each of the nanoparticle containing hole transport layer 30 (Fig. 1, [0036]), quantum dot containing light-emitting layer 24R (Fig. 1, [0035]), and nanoparticle containing electron transport layer 33 (Fig. 1, [0036]) are
wherein the emission layer (light-emitting layer 24R containing quantum dots, Fig. 1, [0035]), the hole transport layer (hole transport layer 30 containing nanoparticles, Fig. 1, [0036])), and the electron transport layer (electron transport layer 33, containing nanoparticles, Fig. 1, [0036) are each formed by an inkjet printing method ( [0063]: “… an application formation method of each of the hole transport layer 30, the light-emitting layer 24R including the first quantum dots, and the electron transport layer 33 is not particularly limited, but an application formation method such as … inkjet … printing can be used.”).
As evidenced by Tang et al. (Tang et al., Improved Ink-Jet-Printed CdSe Quantum Dot Light-Emitting Diodes with Minimized Hole Transport Layer Erosion, ACS Applied Electronic Materials 2021 3 (7), 3005-3014, DOI: 10.1021/acsaelm.1c00210), ink-jet printing is a low-cost deposition technology, which is capable of large-area fabrication and mask-free patterning, suitable for fabrication of quantum light emitting diodes (Abstract and Introduction (paragraphs 2 and 3)). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the ink-jet printing technique to form the emission layer, the hole transport layer, and the electron transport layer in the light emitting device of Haruya in view of Kim by inkjet printing, as disclosed by Iwata, to obtain the benefits of low cost and large areal coverage for mass production (Tang, Introduction).
Furthermore, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. The end product in Haruya in view of Kim is the same as the end product in the current application and therefore the patentability of a product does not depend on its method of production (see MPEP 2113 (I)).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Haruya (WO 2012161179 A1) in view of Kim (US 2017/0186985 A1) as applied to claims 1-4 and 6-19, and further in view of Yoon (US 2018/0138434 A1).
Regarding claim 20, while Haruya in view of Kim teaches the electronic apparatus of claim 18,
neither Haruya nor Kim teaches that the electronic apparatus further comprises a color filter, a color conversion layer, a touch screen layer, a polarizing layer, or a combination thereof.
Yoon, however, teaches an electronic apparatus comprising a color filter ([0182]: “The quantum dot light-emitting display device 700 may include a color filter (not shown) for absorbing light generated by the quantum dot light-emitting diode 800.”), a color conversion layer, a touch screen layer, a polarizing layer, or a combination thereof.
Because the light emitting device of Haruya in view of Kim comprises single combination of quantum dots at each pixel, a person of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to incorporate color filters, as disclosed by Yoon, in the electronic apparatus of Haruya in view of Kim to realize full colors in the electronic apparatus (Yoon, [0182]).
Response to Arguments
It has been acknowledged that the applicant amended claims 1 and 9 per response dated on 2/2/2025. Applicant's arguments with respect to claims have been fully considered.
Applicant argues in substance:
Applicant respectfully traverses the §103 rejection of amended claim I over Haruya in view of Iwata. As amended, claim 1 now expressly limits the "second quantum dot" in the hole transport region to specific non-oxide, non-GaN compositions, and removes GaN, GaP, GaAs, and GaSb from the allowable list for the second quantum dot. Under the Broadest Reasonable Interpretation, the second quantum dot is confined to the enumerated classes and compositions recited in claim 1. Neither Haruya nor Iwata teaches or suggests using any of the now-recited compositions for the hole transport region, and the Examiner's rationale premised on selecting GaN is no longer applicable.
….
The Examiner's articulated motivation to combine, selecting GaN for the second quantum dot because bulk GaN has a band gap (-3 .4 eV) within "about 2.0 eV to about 3.6 eV', no longer reaches the claimed subject matter. With GaN, GaP, GaAs, and GaSb removed from the second-quantum-dot list, the prior art combination fails to teach or suggest any of the claimed compositions for the hole transport region. Haruya's disclosure of quantum-dot transport layers ([0051]-[0052]) and Iwata' s teachings of oxide/nitride transport nanoparticles and formation methods ([0039], [0048], [0063]) do not present a list from which one could "read and select" the claimed copper chalcogenides, pnictogen-chalcogenides, halides, AglnS-family, or the specified ternary/quaternary chalcogenides for the hole transport region. Accordingly, the "Sinclair & Carroll" rationale (selection from a known list to meet known requirements) cited in the prior action is inapposite: there is no list in Haruya or Iwata that includes the now-claimed second-quantum-dot compositions, and no teaching or suggestion in either reference to employ these specific non-oxide, non-GaN materials as hole-transporting quantum dots.
…
Furthermore, even assuming arguendo that Haruya' s band-gap ranges for transport layers could be met by various materials, the rejection still requires a disclosure or suggestion of the particular composition limitation now recited for the second quantum dot. Under BRI, that limitation is a positive structural requirement. Neither Haruya nor Iwata teaches the second quantum dot comprising any of the enumerated compositions, and the Examiner's prior motivation is tied solely to GaN, which is now excluded. As such, the combination cannot satisfy this limitation of claim 1, and the rejection necessarily fails.
For these reasons, Applicant respectfully submits that the combination of Haruya and Iwata does not teach or suggest amended claim 1. The §103 rejection of claim 1 should be withdrawn. Because claims 2-19 depend, directly or indirectly, from claim 1, withdrawal of the §103 rejection as to claim 1 necessitates withdrawal for its dependents as well. Applicant remains available for an interview to discuss any remaining issues.
The Examiner agrees with the Applicant on that the amended claim 1, now excluding GaN, GaP, GaAs, GaSb, AlN from the list of materials for the second quantum dot, overcomes the rejection based on Haruya (WO 2012161179 A1) and Iwata (US 2022/0393130 A1) made in the final office action. However, claim 1 is now rejected under new grounds based on a new prior art, Kim (US 2017/0186985 A1), in combination of Haruya. The Examiner notes that the amended claim 1 still includes many material composition possibilities for the second quantum dot, and Kim teaches Cu2S among these as the second quantum dot material.
For the purpose of compact prosecution, the Examiner notes that incorporating structural limitations regarding the light emitting device that distinguishes the light emitting display device of Haruya in view of Kim from the prior art would overcome the rejections based on the prior art of record.
The Examiner is available for an interview at Applicant’s convenience if the Applicant would like to discuss the application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ILKER OZDEN whose telephone number is (703)756-5775. The examiner can normally be reached Monday - Friday 8:30am-5:30pm.
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, William B Partridge can be reached at 571-270-1402. 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.
/ILKER NMN OZDEN/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
Prosecution Insights