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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the last clause of the claim includes the limitation “a heteroaromatic compound comprising at least one heteroaromatic ring and an organic compound different from the heteroaromatic compound.” This limitation is unclear because a compound is single chemical entity that cannot comprise further compounds, additionally a heteroaromatic compound is by definition one that contains a heteroaromatic ring. For examining purposes that limitations shall be read as “a heteroaromatic compound”:
Claim 8 contains similar language and the is rejected for the same reason and the limitation is read in the same manner.
Claims 2-7 and 9-16 are rejected for incorporating the unclear subject matter of claims 1 and 8 respectively.
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.
Claims 1-16 are is/are rejected under 35 U.S.C. 103 as being obvious over in view of Seo et al. (US 2022/0209162 A1, hereinafter ‘993).
The applied reference has a common assignee, applicant and joint inventor with the instant application. Based upon the earlier effectively filed date (due to the claim of priority to JP 2020-219886, filed 29 Dec, 2020) of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claim 1 Seo discloses a light-emitting device (Fig 1B) comprising: a first electrode (101); an EL layer (103) over the first electrode; a second electrode (102) over the EL layer; and an insulating layer (107), wherein the EL layer comprises at least a light-emitting layer (113), a first electron-transport layer (108, ¶96, the ETL may have a stacked layer including a hole-blocking layer, the HBL would be between the light-emitting layer and ETL so the HBL is the presently claimed first ETL layer) over the light-emitting layer, a second electron-transport layer over the first electron-transport layer (as above, the ETL that is over the HBL) and an electron-injection layer (109) over the electron-transport layer, wherein the insulating layer is in contact with a side surface of the light-emitting layer and a side surface of the electron-transport layer, wherein the insulating layer is between the electron-injection layer and the side surface of the light-emitting layer, the side surface of the first electron-transport layer, and the side surface of the second electron-transport layer.
Seo discloses a variety of materials suitable for the electron-transport layer (¶186-¶190) but does not specify that the second electron-transport layer comprises a heteroaromatic compound.
It would have been obvious to one of ordinary skill in the art at the time of filing to select a material comprising at least one heteroaromatic compound for the second electron-transport layer, since it has been held to be within the general skill of a worker in the art to select a known material based on its suitability for its intended use. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
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Claims 2 through 6 all regard the selection of known materials and are likewise rejected in view of Seo.
Regarding claim 7, Seo discloses using the light-emitting device in a light-emitting apparatus including a transistor and a substrate (¶213-¶215).
Regarding claims 8 and 13, Seo discloses a light-emitting device (Fig 1B) comprising: a first electrode (101); an EL layer (103) over the first electrode; a second electrode (102) over the EL layer; and an insulating layer (107), wherein the EL layer comprises at least a light-emitting layer (113), a first electron-transport layer (108, ¶96, the ETL may have a stacked layer including a hole-blocking layer, the HBL would be between the light-emitting layer and ETL so the HBL is the presently claimed first ETL layer) over the light-emitting layer, a second electron-transport layer over the first electron-transport layer (as above, the ETL that is over the HBL) and an electron-injection layer (109) over the electron-transport layer, wherein the insulating layer is in contact with a side surface of the light-emitting layer and a side surface of the electron-transport layer, wherein the insulating layer is between the electron-injection layer and the side surface of the light-emitting layer, the side surface of the first electron-transport layer, and the side surface of the second electron-transport layer.
Seo additionally discloses an apparatus containing first, second and third light emitting devices having the structure of Fig 1B (¶213) such that there are first and second light-emitting devices having the same structure as claimed.
Seo discloses a variety of materials suitable for the electron-transport layer (¶186-¶190) but does not specify that the second electron-transport layer comprises a heteroaromatic compound.
It would have been obvious to one of ordinary skill in the art at the time of filing to select a material comprising at least one heteroaromatic compound for the second electron-transport layer, since it has been held to be within the general skill of a worker in the art to select a known material based on its suitability for its intended use. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claims 9 through 13 all regard the selection of known materials and are likewise rejected in view of Seo.
Regarding claim 15, Seo discloses the light emitting apparatus according to claim 8 with at least one of a sensing portion, an input portion, and a communication portion (¶368-¶377).
Regarding claim 16, Seo discloses the light emitting apparatus according to claim 8 and a housing (¶381).
This rejection under 35 U.S.C. 103 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); 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 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. See generally MPEP § 717.02.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL P SHOOK whose telephone number is (571)270-7890. The examiner can normally be reached 9:00 am - 5:00 pm, Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WILLIAM KRAIG can be reached at (571)272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL P SHOOK/Primary Examiner, Art Unit 2896