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 .
Response to Amendment
The Amendment filed November 20, 2025 has been entered. Claims 1-14 remain pending in the application. Applicant’s amendments to the Drawings and Specification have overcome each and every objection previously set forth in the Non-Final Office Action mailed August 25, 2025.
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.
Claims 1-2, 4, and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et. al (US 20130153870 A1), hereinafter Seo, in view of Jang et. al. (US 20180033994 A1), hereinafter Jang, in further view of Cho et. al. (US 20130181195 A1), hereinafter Cho.
Regarding claim 1, Seo teaches a white light emitting device (not shown, [0033]), comprising: an optical compensation layer (Fig 2 light compensation layer 27, [0040]) on a substrate (Fig 2 first substrate 16, [0036]); a cathode (Fig 2 pixel electrode 21, [0042]) having a first surface (Fig 2) abutting the optical compensation layer (Fig 2 light compensation layer 27, [0040]); an anode (Fig 2 common electrode 25, [0047]) opposite to a second surface (Fig 2) of the cathode (Fig 2 pixel electrode 21, [0042]); and an intermediate functional layer (Fig 2 organic light emitting unit 23, [0046]) between (Fig 2) the second surface of the cathode (Fig 2 pixel electrode 21, [0042]) and the anode (Fig 2 common electrode 25, [0047]).
Seo fails to teach the intermediate functional layer comprises a plurality of stacks divided by one or more charge generation layers; one of the plurality of stacks is a first stack comprising a blue emission layer and an electron transport layer; another stack of the plurality of stacks is a second stack comprising a plurality of emission layers to emit lights having different wavelengths longer than a wavelength of the blue emission layer; and the electron transport layer is adjacent to the cathode and is closer to the cathode than to the anode.
However, Jang teaches the intermediate functional layer (Fig 1 white organic light emitting device, [0052] corresponds to Seo: Fig 2 light compensation layer 27, [0040]) comprises a plurality of stacks (Fig 1 first to third stacks 200, 300 and 400, [0052]) divided by one or more charge generation layers (Fig 1 charge generation layer 510 and 520, [0081]); one of the plurality of stacks (Fig 1 first to third stacks 200, 300 and 400, [0052]) is a first stack (Fig 1 first stack 200, [0082]) comprising a blue emission layer (blue, [0082]) and an electron transport layer (Fig 1 first common layer 220, [0082]); another stack of the plurality of stacks (Fig 1 second stack 300, [0082]) is a second stack comprising a plurality of emission layers (Fig 1 red emission layer 310 and green emission layer 320, [0081]) to emit lights having different wavelengths longer (red and green, [0081]) than a wavelength of the blue emission layer (blue, [0082]); and the electron transport layer (Fig 1 first common layer 220, [0082]) is adjacent (One having ordinary skill in the art before the effective filing date of the claimed invention would recognize the electron transport layer is placed on aside closer to the cathode to facilitate electron movement from the cathode) to the cathode (Fig 1 first electrode 110, [0082] corresponds to Seo: Fig 2 pixel electrode 21, [0042]) and is closer to the cathode (Fig 1 first electrode 110, [0082] corresponds to Seo: Fig 2 pixel electrode 21, [0042]) than to the anode (Fig 1 second electrode 120, [0082] corresponds to Seo: Fig 2 common electrode 25, [0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Seo to incorporate the teachings of Jang by having the white organic light emitting device structure taught by Jang. This would enable an increased device lifespan ([0013]).
It is noted for clarity of the record that Seo teaches a plurality of light emitting layers deposited on one another to form a structure that emits white light, including charge transport layer, but does not have further details in the arrangement ([0046]).
Seo and Jang fail to teach the optical compensation layer has a refractive index equal to or greater than an average refractive index of the intermediate functional layer.
However, Cho teaches a refractive index of an organic light emitting layer in an organic light emitting diode may vary according to wavelengths of light and generally ranges from about 1.6 to about 1.9 ([0008]). Further, Cho teaches charge transfer and charge injection layers were designated as an organic light emitting layer ([0045]). Cho also teaches an electrode made of Indium Tin Oxide with a refractive index of 1.9-2.0; this range reduces issues of reflection between the organic light emitting layer and the electrode ([0008]). Additionally, Cho teaches that having refractive indexes lower than that of the electrode and organic light emitting layer can cause light to be refracted away from the outside; lowering the light emitted externally ([0008]). Seo teaches the compensation layer is made of SiNx, Indium Tin Oxide, Indium Zinc Oxide, or the like having a refractive index of 1.5-2.7 ([0013]). One having ordinary skill in the art before the effective filing date of the claimed invention would have used the teachings of Cho and chosen materials such that the optical compensation layer has a refractive index equal to or greater than an average refractive index of the intermediate functional layer to reduce the amount of light reflected internally as taught by Cho with a reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 2, Seo as modified in claim 1 teaches the optical compensation layer (Seo: Fig 2 light compensation layer 27, [0040]) is transparent (Seo: [0040]) and is thicker (Seo: light compensation layer 1500Å-2000Å, [0040]; pixel electrode, 500 Å, [0044]) than the cathode (Seo: Fig 2 pixel electrode 21, [0042]).
Regarding claim 4, Seo as modified in claim 1 teaches the optical compensation layer (Seo: Fig 2 light compensation layer 27, [0040]) has a refractive index greater (Seo: the light compensation layer is made of SiNx, ITO, or IZO [0040] and the cathode is made of ITO or IZO [0044]; it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use SiNx as the compensation layer and ITO for the cathode to enhance the viewing angle characteristic [0017]; once that is done, the property differences of the limitation are met) than a refractive index of the cathode (Seo: Fig 2 pixel electrode 21, [0042]).
Regarding claim 6, Seo as modified in claim 1 teaches the optical compensation layer (Seo: Fig 2 light compensation layer 27, [0040]) is a transparent electrode (Seo: [0040]) having a refractive index greater (Seo: the light compensation layer is made of SiNx, ITO, or IZO [0040] and the cathode is made of ITO or IZO [0044]; it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use SiNx as the compensation layer and ITO for the cathode to enhance the viewing angle characteristic [0017]; once that is done, the property differences of the limitation are met) than a refractive index of the cathode (Seo: Fig 2 pixel electrode 21, [0042]).
Regarding claim 7, Seo as modified in claim 1 teaches the optical compensation layer (Seo: Fig 2 light compensation layer 27, [0040]) comprises a silicon nitride film (Seo: SiNx, [0040] or an indium zinc oxide (Seo: IZO, [0040].
Regarding claim 8, Seo as modified in claim 1 teaches an organic dielectric film (Seo: Fig 2 second insulating layer 26, [0039]) between the substrate (Seo: Fig 2 first substrate 16, [0036]) and the optical compensation layer (Seo: Fig 2 light compensation layer 27, [0040]).
Regarding claim 9, Seo as modified in claim 8 teaches a color conversion layer (Seo: Fig 2 color filter layer 17, [0038]) between the organic dielectric film (Seo: Fig 2 second insulating layer 26, [0039]) and the substrate (Seo: Fig 2 first substrate 16, [0036]).
Regarding claim 10, Seo as modified in claim 1 teaches light generated in the intermediate functional layer is for being transmitted through the substrate via the cathode and the optical compensation layer.
The recitation calling for light generated in the intermediate functional layer is for being transmitted through the substrate via the cathode and the optical compensation layer does not distinguish over the cited reference regardless of the function allegedly performed by the claimed device, because only the device per se is relevant, no matter which of the device’s functions is referred to in the claim, and if the prior art structure is capable of performing the intended function, then it meets the claim. In re Casey, 152 USPQ 235 (CCPA 1967). In the instant application, the anode of the instant application is made of a reflective material ([0077]). The anode (Seo: Fig 2 common electrode 25, [0047]) of Seo is similarly formed from reflective materials ([0047]). Thus, the light generated in the intermediate functional layer (Seo: Fig 2 organic light emitting unit 23, [0046]) is for being transmitted through the substrate (Seo: Fig 2 first substrate 16, [0036]) via the cathode (Seo: Fig 2 pixel electrode 21, [0042]) and the optical compensation layer (Seo: Fig 2 light compensation layer 27, [0040]).
Regarding claim 11, Seo as modified in claim 2 teaches the cathode (Seo: Fig 2 pixel electrode 21, [0042]) comprises a transparent electrode (Seo: ITO or IZO is transparent, [0044]) having a thickness of 100 A to 700 A (Seo: 500 Å, [0044]).
Regarding claim 12, Seo as modified in claim 2 teaches the optical compensation layer (Seo: Fig 2 light compensation layer 27, [0040]) has a thickness of 1100 A to 2400 A (Seo: 1500Å-2000Å, [0040]).
Regarding claim 13, Seo as modified in claim 1 teaches the intermediate functional layer (Jang: Fig 1 white organic light emitting device, [0052] corresponds to Seo: Fig 2 light compensation layer 27, [0040]) further comprises a third stack (Jang: Fig 1 third stack 400, [0052]) comprising a blue emission layer (Jang: blue, [0053]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et. al (US 20130153870 A1), hereinafter Seo, in view of Jang et. al. (US 20180033994 A1), hereinafter Jang, in further view of Cho et. al. (US 20130181195 A1), hereinafter Cho, in further view of Galan et. al. (US 20220231234 A1), hereinafter Galan.
Seo as modified in claim 1 teaches the cathode (Seo: Fig 2 pixel electrode 21, [0042]) is in contact with (modification by Jang) the electron transport layer (Jang: Fig 1 first common layer 220, [0082]) and spaced from (modification by Jang) the blue emission layer (Jang: blue, [0082]); a thickness of the optical compensation layer (Seo: Fig 2 light compensation layer 27, [0040]) is greater than a thickness (Seo: light compensation layer 1500Å-2000Å, [0040]; pixel electrode, 500 Å, [0044]) of the cathode (Seo: Fig 2 pixel electrode 21, [0042]).
Seo as modified in claim 1 fails to teach the thickness of the cathode is greater than or equal to a thickness of the electron transport layer.
However, Galan teaches the thickness of the cathode (Fig 4 cathode electrode 190, [0459] corresponds to Seo: Fig 2 pixel electrode 21, [0042]) is greater than or equal to a thickness (cathode, [0441]; electron transport layer, [0431]) of the electron transport layer (Fig 4 electron transport layer 161, [0459] corresponds to Jang: Fig 1 first common layer 220, [0082]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Seo, Jang, and Cho to incorporate the teachings of Galan by having the thickness of the cathode being greater than or equal to the thickness of the electron transport layer. This would improve the electron transport ability without substantially increasing the operating voltage ([0431]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et. al (US 20130153870 A1), hereinafter Seo, in view of Jang et. al. (US 20180033994 A1), hereinafter Jang, in further view of Cho et. al. (US 20130181195 A1), hereinafter Cho, in further view of Lee et. al. (US 20160141538 A1), hereinafter Lee.
Seo as modified in claim 1 fails to teach the intermediate functional layer further comprises a further stack comprising a blue emission layer and another color emission layer abutting the blue emission layer of the further stack.
However, Lee teaches the intermediate functional layer (Fig 10 OLED 109, [0105] corresponds to Seo: Fig 2 organic light emitting unit 23, [0046]) further comprises a further stack (Fig 10 light emitting unit 240, [1032]) comprising a blue emission layer (Fig 10 light emitting layer 242, [0133]) and another color emission layer (Fig 10 light emitting layer 243, [0133]) abutting (Fig 10) the blue emission layer (Fig 10 light emitting layer 242, [0133]) of the further stack (Fig 10 light emitting unit 240, [1032]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Seo, Jang and Cho to incorporate the teachings of Lee by having a further stack comprising a blue emission layer and another color emission layer abutting the blue emission layer of the further stack. This allows for improved light intensity of a blue color ([0141]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et. al (US 20130153870 A1), hereinafter Seo, in view of Jang et. al. (US 20180033994 A1), hereinafter Jang, in further view of Cho et. al. (US 20130181195 A1), hereinafter Cho, in further view of Lee et. al. (US 20160141538 A1), hereinafter Lee.
Seo teaches a white light emitting device (not shown, [0033]), comprising: an optical compensation layer (Fig 2 light compensation layer 27, [0040]) on a substrate (Fig 2 first substrate 16, [0036]); a cathode (Fig 2 pixel electrode 21, [0042]) having a first surface (Fig 2) abutting the optical compensation layer (Fig 2 light compensation layer 27, [0040]); an anode (Fig 2 common electrode 25, [0047]) opposite to a second surface (Fig 2) of the cathode (Fig 2 pixel electrode 21, [0042]); and an intermediate functional layer (Fig 2 organic light emitting unit 23, [0046]) between (Fig 2) the second surface of the cathode (Fig 2 pixel electrode 21, [0042]) and the anode (Fig 2 common electrode 25, [0047]).
Seo fails to teach the intermediate functional layer comprises a plurality of stacks divided by one or more charge generation layers; one of the plurality of stacks is a first stack comprising a blue emission layer and an electron transport layer; another stack of the plurality of stacks is a second stack comprising a plurality of emission layers to emit lights having different wavelengths longer than a wavelength of the blue emission layer; and the electron transport layer is adjacent to the cathode and is closer to the cathode than to the anode.
However, Jang teaches the intermediate functional layer (Fig 1 white organic light emitting device, [0052] corresponds to Seo: Fig 2 light compensation layer 27, [0040]) comprises a plurality of stacks (Fig 1 first to third stacks 200, 300 and 400, [0052]) divided by one or more charge generation layers (Fig 1 charge generation layer 510 and 520, [0081]); one of the plurality of stacks (Fig 1 first to third stacks 200, 300 and 400, [0052]) is a first stack (Fig 1 first stack 200, [0082]) comprising a blue emission layer (blue, [0082]) and an electron transport layer (Fig 1 first common layer 220, [0082]); another stack of the plurality of stacks (Fig 1 second stack 300, [0082]) is a second stack comprising a plurality of emission layers (Fig 1 red emission layer 310 and green emission layer 320, [0081]) to emit lights having different wavelengths longer (red and green, [0081]) than a wavelength of the blue emission layer (blue, [0082]); and the electron transport layer (Fig 1 first common layer 220, [0082]) is adjacent (One having ordinary skill in the art before the effective filing date of the claimed invention would recognize the electron transport layer is placed on aside closer to the cathode to facilitate electron movement from the cathode) to the cathode (Fig 1 first electrode 110, [0082] corresponds to Seo: Fig 2 pixel electrode 21, [0042]) and is closer to the cathode (Fig 1 first electrode 110, [0082] corresponds to Seo: Fig 2 pixel electrode 21, [0042]) than to the anode (Fig 1 second electrode 120, [0082] corresponds to Seo: Fig 2 common electrode 25, [0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Seo to incorporate the teachings of Jang by having the white organic light emitting device structure taught by Jang. This would enable an increased device lifespan ([0013]).
It is noted for clarity of the record that Seo teaches a plurality of light emitting layers deposited on one another to form a structure that emits white light, including charge transport layer, but does not have further details in the arrangement ([0046]).
Seo and Jang fail to teach the intermediate functional layer further comprises a further stack comprising a blue emission layer and another color emission layer abutting the blue emission layer of the further stack.
However, Lee teaches a stack (Fig 10 light emitting unit 240, [1032]) comprising a blue emission layer (Fig 10 light emitting layer 242, [0133]) and another color emission layer (Fig 10 light emitting layer 243, [0133]) abutting (Fig 10) the blue emission layer (Fig 10 light emitting layer 242, [0133]). One having ordinary skill in the art before the effective filing date of the claimed invention would be able to substitute the stack of Lee with the first or third stack of Jang with the results of the substitution being predictable. This would allow for improved light intensity of a blue color (Lee: [0141]). MPEP 2143(I)(B)
In modifying the Seo and Jang with the teachings of Lee the intermediate functional layer (Fig 10 OLED 109, [0105] corresponds to Seo: Fig 2 organic light emitting unit 23, [0046]) would comprise a further stack (Fig 10 light emitting unit 240, [1032]) comprising a blue emission layer (Fig 10 light emitting layer 242, [0133]) and another color emission layer (Fig 10 light emitting layer 243, [0133]) abutting (Fig 10) the blue emission layer (Fig 10 light emitting layer 242, [0133]) of the further stack (Fig 10 light emitting unit 240, [1032]).
Response to Arguments
Applicant’s arguments, see 35 USC §112 section on page 7, filed November 20, 2025, with respect to amendments to claim 3 to overcome the rejection have been fully considered and are persuasive. The 35 USC §112 rejection of claim 3 has been withdrawn.
Applicant’s arguments, see 35 USC §103 section on page 8, filed November 20, 2025, with respect to claims 1 and 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner is applying new art, as shown above, to address the previously allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et. al. (US 9786861 B2) teaches a white light emitting device with a further stack that has blue and another color emission layer to increase the color temperature.
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/ALVIN L LEE/Examiner, Art Unit 2813
/STEVEN B GAUTHIER/Supervisory Patent Examiner, Art Unit 2813