Prosecution Insights
Last updated: July 17, 2026
Application No. 18/413,235

ORGANIC ELECTROLUMINESCENT DEVICES

Non-Final OA §102§103§112
Filed
Jan 16, 2024
Priority
Jan 30, 2023 — provisional 63/482,186 +5 more
Examiner
BREVAL, ELMITO
Art Unit
2875
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
The Regents of the University of Michigan
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
1070 granted / 1399 resolved
+8.5% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
40 currently pending
Career history
1439
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
82.9%
+42.9% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1399 resolved cases

Office Action

§102 §103 §112
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 24 and 26 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 24, the Examiner is unclear about the limitation “the charge transport layer comprises an absorption tail that overlaps a portion of an emission spectrum of the emissive layer.” What does “the absorption tail” mean? For purpose of examiner, the claim will be interpreted as best understood. Regarding claim 26, the Examiner is unclear about the limitation “the organic emissive layer positioned over the anode comprises an emitter stack above the anode, comprising a charge generation layer between first and second emission layers and wherein the charge transport layer positioned over the organic emissive layer, having a thickness of less than 20 nm comprises at least one of a hole transport layer and hole injection layer between the anode and the emitter stack, with an absorption tail that overlaps at least a first portion of a first emission spectrum of a first triplet controlled emitting material of the emitter stack and further comprising: a substrate; the anode above the substrate; the metal cathode above the emitter stack; and an electron transport layer between the emitter stack and the metal cathode, with an absorption tail that overlaps at least a second portion of a second emission spectrum of a second triplet controlled emitting material of the emitter stack.” What does “the absorption tail” mean? For purpose of examiner, the claim will be interpreted as best understood. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-2, 4, 7, 24-26, 31, 44, 49, 53, 60, 63, 69 and 74 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Forrest et al. (US Pub: 2021/0020867 A1~hereinafter “Forrest”). Regarding claim 1, Forrest discloses (in at least fig. 5) an organic light emitting device, comprising: an anode (505; [0096]) an organic emissive layer (503; [0096]) positioned over the anode, the organic emissive layer (505; [0073]; [0081]-[0088]) comprising a host material and a dopant; a charge transport layer (502) positioned over the organic emissive layer (503), having a thickness of less than 20 nm ([0179]); and a metal cathode (501; [0096]) positioned over the charge transport layer (502); wherein the charge transport layer (502) and the cathode (501) are configured to form plasmon exciton polaritons between the metal cathode and the charge transport layer. Regarding claim 2, Forrest discloses (in at least fig. 5) a reflector (511; [0096]) positioned under the anode. Regarding claim 4, Forrest discloses (in at least fig. 5) the reflector (511) and the cathode (501) form a cavity having a total cavity Q of 5 or less (it is understood that the reflector and the cathode of Forrest are capable of doing that. Also, this limitation does not structurally distinguish from the prior art as is required from an apparatus claim). Regarding claim 7, Forrest discloses (in at least [0193]) the charge transport layer (ETL; [0193]) has a thickness less than 18 nm. Regarding claim 24, Forrest discloses (in at least fig. 5) the charge transport layer (502) comprises an absorption tail that overlaps a portion of an emission spectrum of the emissive layer ([0120]-[0122]; [0129]). Regarding claim 25, Forrest discloses (in at least [0077]) the consumer product is selected from the group consisting of a flat panel display, a curved display, a computer monitor, a medical monitor, a television, a billboard, a light for interior or exterior illumination and/or signaling, a heads-up display, a fully or partially transparent display, a flexible display, a rollable display, a foldable display, a stretchable display, a laser printer, a telephone, a cell phone, tablet, a phablet, a personal digital assistant (PDA), a wearable device, a laptop computer, a digital camera, a camcorder, a viewfinder, a micro-display that is less than 2 inches diagonal, a 3-D display, a virtual reality or augmented reality display, a vehicle, a video walls comprising multiple displays tiled together, a theater or stadium screen, a light therapy device, and a sign. Regarding claim 26, Forrest discloses (in at least [0074]; [0086]-[0090]; [0098]) the organic emissive layer positioned over the anode comprises an emitter stack above the anode ([0086]-[0090]), comprising a charge generation layer between first and second emission layers and wherein the charge transport layer positioned over the organic emissive layer, having a thickness of less than 20 nm ([0179]) comprises at least one of a hole transport layer and hole injection layer between the anode and the emitter stack, with an absorption tail (i.e. the triplet absorption; [0098]) that overlaps at least a first portion of a first emission spectrum of a first triplet controlled emitting material of the emitter stack ([0082]-[0084]; [0090]-[0092]) and further comprising: a substrate (510); the anode (505) above the substrate; the metal cathode (501) above the emitter stack; and an electron transport layer (502) between the emitter stack and the metal cathode (501), with an absorption tail (i.e. the triplet absorption) that overlaps at least a second portion of a second emission spectrum of a second triplet controlled emitting material of the emitter stack. Regarding claim 31, Forrest discloses (in at least fig. 5) the anode (505) comprises a metal anode. Regarding claim 44, Forrest discloses (in at least fig. 5) an organic light emitting device (OLED), comprising: a substrate (510); a reflector (511) above the substrate; a first electrode (505) above the reflector; an emissive layer (503) above the first electrode; an electron transport layer (502) above the emissive layer; and a second electrode (501) above the electron transport layer wherein the electron transport layer (502) and the second electrode (501) are configured to form plasmon exciton polaritons between the second electrode and the electron transport layer. Regarding claim 49, Forrest discloses (in at least fig. 5) the OLED includes a cavity between the first and second electrodes (501, 505). Regarding claim 53, Forrest discloses (in at least fig. 5) the emissive layer comprises a phosphorescent emitter material ([0069]; [0082]). Regarding claim 60, Forrest discloses (in at least fig. 5; [0153]; [0195]) the electron transport layer has a large oscillator strength at wavelengths shorter than a triplet emission wavelength of the organic emissive layer. Regarding claim 63, Forrest discloses (in at least fig. 5) the reflector (151) has a reflectivity in a range of 50-100% (the reflectivity of the reflector of Forrest falls in that range). Regarding claim 69, Forrest discloses (in at least fig. 5; [0074]; [0086]-[0090]; [0098]) an organic light emitting device, comprising: a substrate (501); a first electrode (505) above the substrate; an emitter stack ([0074]; [0086]-[0090]; [0098]) above the first electrode, comprising a charge generation layer between first and second emission layers; a second electrode above the emitter stack (as evident by [0074]; US. Pat: 5,707,745); at least one of a hole transport layer and hole injection layer between the first electrode and the emitter stack, with an absorption tail that overlaps at least a first portion of a first emission spectrum of a first triplet controlled emitting material of the emitter stack ([0074]; [0086]-[0090]; [0098]); and an electron transport layer between the emitter stack and the second electrode, with an absorption tail that overlaps at least a second portion of a second emission spectrum of a second triplet controlled emitting material of the emitter stack ([0074]; [0086]-[0090]; [0098]). Regarding claim 74, Forrest discloses (in at least fig. 5) the first and second electrodes (505, 501) comprise metal electrodes. 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. Claim(s) 5, 32, 50, 61 and 75 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forrest et al. (US Pub: 2021/0020867 A1~hereinafter “Forrest”) in view of Wang et al. (US. Pub: 2021/0028402 A1~hereinafter “Wang”). Regarding claim 5, Forrest does not expressly disclose at least a portion of the organic emissive layer is at an antinode of a cavity formed between the reflector and the cathode. However, it is well-known in the art to form an organic light emitting device comprised of, in part, at least a portion of the organic emissive layer is at an antinode of a cavity formed between the reflector and the cathode as evident by Wang at least figs. 11 and 12; paragraphs ([0012]; [0103]) in order to enhance the luminous intensity of the light-emitting unit ([0103]). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the organic light-emitting device of Forrest with the organic emissive layer teaching of Wang in order to enhance the luminous intensity of the light-emitting unit. Regarding claim 32, Forrest as modified by Wang discloses (in at least fig. 5 Forrest; figs. 11 and 12 Wang) the thickness of the charge generation layer is tuned to match the first and second emission layers with the anti-nodes of a metal-metal cavity defined by the metal anode and metal cathode. Regarding claim 50, Forrest as modified by Wang discloses (in at least fig. 5 Forrest; figs. 11 and 12 Wang) the emissive layer is positioned to span an antinode of the cavity. Regarding claim 61, Forrest discloses (in at least fig. 5) the electron transport layer (502) has a large oscillator strength at wavelengths 0.1 nm to 1000 nm shorter than a triplet emission wavelength of the organic emissive layer (this limitation does not structurally distinguish from the art as is required from an apparatus claim. Therefore, the limitation does not afford any patentable weight). Regarding claim 75, Forrest as modified by Wang discloses (in at least fig. 5 Forrest; figs. 11 and 12 Wang) the thickness of the charge generation layer is tuned to match the first and second emission layers with the anti-nodes of a metal-metal cavity defined by the first and second electrodes. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30. 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, James R. Greece can be reached at 571-272-3711. 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. ELMITO BREVAL Primary Examiner Art Unit 2875 /ELMITO BREVAL/Primary Examiner, Art Unit 2875
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Prosecution Timeline

Jan 16, 2024
Application Filed
Jun 08, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
87%
With Interview (+10.6%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1399 resolved cases by this examiner. Grant probability derived from career allowance rate.

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