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 .
Election/Restrictions
Applicant's election with traverse of species I, which covers claims 1-12, in the reply filed on June 25, 2026 is acknowledged. The traversal is on the ground(s) that the amended claims now comprise a layer that has a refractive index that is now the same and now the species are the same. This is not found persuasive because the layers claimed in claim 1 is not same as claim 13. Claim 13 requires a cavity and the organic light emitting layer is positioned within the cavity. This is different claim 1 and the claims are still different species.
The requirement is still deemed proper and is therefore made FINAL.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on June 25, 2026.
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.
Claim(s) 1-6, 8, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bi et al. (US 2017/0213992) (hereafter “Bi”) in view Guba et al. (US 5,739,545) (hereafter “Guba”).
Regarding claims 1-6, 8, and 10-12, Bi teaches an electroluminescent device comprising an anode, a hole transporting layer, a light emitting layer, an electron transporting layer, and a cathode (paragraph [0045]). Bi teaches that the anode has the following structure, ITO/Ag/ITO, which is the same as claimed by the applicant of an Ag anode that has an ITO on each side of the anode (paragraph [0045]). Bi teaches the thickness of the ITO/Ag/ITO layers are 8 nm, 100nm, and 8 nm respectfully (paragraph [0046]). Bi teaches that the cathode is composed of Ag (paragraphs [0044] and [0045]).
Bi does not teach where there is a layer of ZnS next to and contacting the cathode.
Guba teaches an electroluminescent device comprising an anode, a hole transporting layer, a light emitting layer, and a cathode (column 2 lines 26-49). Guba teaches that an layer of ZnS can be added between the organic electroluminescent layers and the cathode and that the ZnS layer can be in contact with the cathode (column 5 lines 29-35). Guba teaches that the layer is between 10nm-20nm (column 5 lines 10-16). Guba teaches that adding the layer between the organic layer and the cathode protects the organic layers during the deposition of the cathode (column 1 lines 56-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Bi, so there was about a 15nm layer of ZnS between the organic layers and the cathode and in contact with the cathode as taught by Guba. The motivation would have been to protect the organic layers when the cathode was formed.
Allowable Subject Matter
Claims 7 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach or make obvious the applicant’s claimed anode structure of (ITO/Ag/ITO), where the second ITO layer is 15 nm and the Ag layer is 30 nm, and where the cathode is composed of Ag and is 100 nm. The closest prior art Bi et al. (US 2017/0213992) (hereafter “Bi”), teaches an electroluminescent device comprising an anode, a hole transporting layer, a light emitting layer, an electron transporting layer, and a cathode (paragraph [0045]). Bi teaches that the anode has the following structure, ITO/Ag/ITO, which is the same as claimed by the applicant of an Ag anode that has an ITO on each side of the anode (paragraph [0045]). Bi teaches the thickness of the ITO/Ag/ITO layers are 8 nm, 100nm, and 8 nm respectfully (paragraph [0046]). Bi nor the prior art teach of make obvious modifying the applicant’s claimed layer thicknesses to arrive at the applicant’s claimed invention; therefore, claims 7 and 9 comprise 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 2014/0361267) teaches an electroluminescent device with an anode structure of ITO/Ag/ITO.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW K BOHATY whose telephone number is (571)270-1148. The examiner can normally be reached Monday-Friday 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at (571)272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW K BOHATY/Primary Examiner, Art Unit 1759
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