Prosecution Insights
Last updated: July 17, 2026
Application No. 18/687,577

LIGHT-EMITTING DEVICE, DISPLAY PANEL, DISPLAY APPARATUS AND METHOD FOR MANUFACTURING LIGHT-EMITTING DEVICE

Non-Final OA §102§103§112
Filed
Feb 28, 2024
Priority
Oct 26, 2021 — nonprovisional of PCTCN2021126340
Examiner
NGUYEN, DAO H
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BOE Technology Group Co., Ltd.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1152 granted / 1261 resolved
+23.4% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
29 currently pending
Career history
1288
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
51.7%
+11.7% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1261 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office Action is in response to the communications dated 08/13/2024. Claims 26-45 are pending in this application. Claims 1-25 have been cancelled. Acknowledges 2. Receipt is acknowledged of the following items from the Applicant. Information Disclosure Statement (IDS) filed on 08/13/2024. The references cited on the PTOL 1449 form have been considered. Applicant is requested to cite any relevant prior art if being aware on form PTO-1449 in accordance with the guidelines set for in M.P.E.P. 609. Specification 3. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 112 4. The following is a quotation of 35 U.S.C. 112: (a) IN GENERAL.— The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. PNG media_image1.png 18 19 media_image1.png Greyscale (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. 5. Claims 26-45 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. In claim 26, and claim 45, lines 13-14, limitations “a contact film layer” are not clearly defined, and the claim(s) do/does not distinctly point(s) out the subject matter which is claimed as the Applicant’s invention. It is unclear of how the claimed “a contact film layer” structurally relates to other elements of the claimed device. Claims 26-45 are therefore indefinite. Claim Rejections - 35 USC § 102 6. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 7. Claims 26-28, 32, 37, and 42-45 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Park et al. (US 2022/0085315) Regarding claim 26, Park discloses a light-emitting device, comprising: a base substrate BS and/or DP-CL (see fig. 2); a first electrode layer EL1, arranged on a side of the base substrate BS/DP-CL; a first film layer HTR, arranged on a side of the first electrode layer EL1 facing away from the base substrate, wherein the first film layer HTR comprises a middle portion, and an edge portion surrounding the middle portion; a surface of the middle portion facing away from the first electrode layer EL1 is a first distance from the base substrate BS/DP-CL, a surface of the edge portion facing away from the first electrode layer EL1 is a second distance from the base substrate BS/DP-CL, and the first distance and the second distance are different; a light-emitting structure EML or EML & EL2 (lower EL2 in fig. 9) or EML & ETR (fig. 3), arranged on a side of the first film layer HTR facing away from the first electrode layer EL1, wherein the light-emitting structure comprises an organic light- emitting layer EML and a flat portion (upper surface portion of layer EML and/or flat portion of lower EL2 layer), the flat portion is located in a region where a smaller one of the first distance and the second distance is located, and the flat portion matches with a contact film layer (HRT, or EL2, or any suitable arbitrary contact film layer) in energy level, so that after being filled with the flat portion, a film thickness between a surface of the light-emitting structure facing away from the first film layer and the base substrate is consistent; and a second electrode layer EL2 (upper EL2 layer), arranged on a side of the light-emitting structure facing away from the first film layer. Regarding claim 27, Park discloses the light-emitting device according to claim 26, wherein a material of the flat portion (upper surface portion of layer EML) is a quantum dot. See para. 0070. Regarding claim 28, Park discloses the light-emitting device according to claim 26, wherein the first distance is greater than the second distance; and an orthographic projection of the flat portion on the base substrate approximately coincides with an orthographic projection of the edge portion on the base substrate. See fig. 9. Regarding claim 32, Park discloses the light-emitting device according to claim 26, wherein the first electrode layer EL1 is an anode layer, the second electrode layer is a cathode layer (para. 0087), and the first film layer HTR comprises: a hole injection layer HIL, and a hole transport layer HTL arranged on a side of the hole injection layer HIL facing away from the first electrode layer EL1; an electron transport layer is further arranged between the light-emitting structure and the second electrode layer (fig. 2); and the flat portion ELM is arranged between the hole transport layer HTL and the organic light- emitting layer ELM & ETR (fig. 3). Regarding claim 37, Park discloses the light-emitting device according to claim 26, wherein the first electrode layer EL1 is an anode layer, the second electrode layer EL2 is a cathode layer, and the first film layer HTR comprises: a hole injection layer HIL, and a hole transport layer HTL arranged on a side of the hole injection layer facing away from the first electrode layer; an electron transport layer ETR (fig. 3) is further arranged between the light-emitting structure EML and the second electrode layer EL2; and the flat portion (upper surface portion of layer EML) is arranged between the electron transport layer and the organic light-emitting layer. See fig2. 2-3, 9. Regarding claim 42, Park discloses the light-emitting device according to claim 27, wherein in a same light- emitting device, a light-emitting color of the flat portion is same as a light-emitting color of the organic light-emitting layer. See figs. 2-3. Regarding claim 43, Park, discloses the light-emitting device according to claim 26, wherein the first electrode layer comprises a reflecting material, and at least part of the second electrode layer is a transparent electrode. See figs. 2-3, 9. Regarding claim 44, Park discloses a display panel, comprising the light-emitting device according to claim 26. See figs. 2-3, 9. Regarding claim 45, Park discloses a method for manufacturing a light-emitting device, comprising: providing a base substrate BS and/or DP-CL (see fig. 2); forming a first electrode layer EL1 on a side of the base substrate BS and/or DP-CL; forming a first film layer HTR on a side of the first electrode layer EL1 facing away from the base substrate, wherein the first film layer HTR comprises: a middle portion, and an edge portion surrounding the middle portion; a surface of the middle portion facing away from the first electrode layer EL1 is a first distance from the base substrate, a surface of the edge portion facing away from the first electrode layer is a second distance from the base substrate, and the first distance and the second distance are different; forming a light-emitting structure EML or EML & EL2 (lower EL2 in fig. 9) or EML & ETR (fig. 3) on a side of the first film layer HTR facing away from the first electrode layer EL1, wherein the light-emitting structure comprises an organic light- emitting layer EML and a flat portion (upper surface portion of layer EML and/or flat portion of lower EL2 layer), the flat portion is located in a region where a smaller one of the first distance and the second distance is located, and the flat portion matches a contact film layer (HRT, or EL2, or any suitable arbitrary contact film layer) in energy level, so that after being filled with the flat portion, a film thickness between a surface of the light-emitting structure facing away from the first film layer HTR and the base substrate BS/DP-CL is consistent; and forming a second electrode layer EL2 (upper EL2 layer) on a side of the light-emitting structure facing away from the first film layer. 8. Claims 26-28, 32, 37, and 42-45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shim et al. (US 2014/0284560) Regarding claim 26, Shim discloses a light-emitting device, comprising: a base substrate 100 (see fig. 5); a first electrode layer 200, arranged on a side of the base substrate 100; a first film layer 300 or 320, arranged on a side of the first electrode layer 200 facing away from the base substrate, wherein the first film layer 300/320 comprises a middle portion, and an edge portion surrounding the middle portion; a surface of the middle portion facing away from the first electrode layer 200 is a first distance from the base substrate 100, a surface of the edge portion facing away from the first electrode layer is a second distance from the base substrate, and the first distance and the second distance are different; a light-emitting structure 400 & 500 (500a-500c), arranged on a side of the first film layer 300 facing away from the first electrode layer 200, wherein the light-emitting structure 400 & 500 comprises an organic light- emitting layer 500 and a flat portion 400, the flat portion 400 is located in a region where a smaller one of the first distance and the second distance is located, and the flat portion 400 matches with a contact film layer in energy level (any arbitrary contact film layer that has an energy level matches with the flat portion), so that after being filled with the flat portion 400, a film thickness between a surface of the light-emitting structure 400 & 500 facing away from the first film layer 300/320and the base substrate 100 is consistent; and a second electrode layer 600 and/or 700, arranged on a side of the light-emitting structure facing away from the first film layer. Regarding claim 27, Shim discloses the light-emitting device according to claim 26, wherein a material of the flat portion is a quantum dot. See paras. 0053-0056. Regarding claim 28, Shim discloses the light-emitting device according to claim 26, wherein the first distance is greater than the second distance; and an orthographic projection of the flat portion on the base substrate approximately coincides with an orthographic projection of the edge portion on the base substrate. See fig. 5. Regarding claim 32, Shim discloses the light-emitting device according to claim 26, wherein the first electrode layer 200 is an anode layer (para. 0045), the second electrode layer 600 is a cathode layer, and the first film layer 300 comprises: a hole injection layer 310, and a hole transport layer 320 arranged on a side of the hole injection layer facing away from the first electrode layer; an electron transport layer is further arranged between the light-emitting structure and the second electrode layer (see para. 0011); and the flat portion 400 is arranged between the hole transport layer 320 and the organic light- emitting layer 500. Regarding claim 37, Shim discloses the light-emitting device according to claim 26, wherein the first electrode layer 200 (para. 0045) is an anode layer, the second electrode layer is a cathode layer (para. 0042), and the first film layer 300/320 comprises: a hole injection layer 310, and a hole transport layer 320 arranged on a side of the hole injection layer facing away from the first electrode layer 200; an electron transport layer (para. 0011) is further arranged between the light-emitting structure and the second electrode layer 600/700; and the flat portion is arranged between the electron transport layer and the organic light-emitting layer. See fig. 5. Regarding claim 42, Shim discloses the light-emitting device according to claim 27, wherein in a same light- emitting device, a light-emitting color of the flat portion is same as a light-emitting color of the organic light-emitting layer. See fig. 5. Regarding claim 43, Shim discloses the light-emitting device according to claim 26, wherein the first electrode layer 200 comprises a reflecting material, and at least part of the second electrode layer is a transparent electrode. See paras. 0043-0046. Regarding claim 44, Shim discloses a display panel, comprising the light-emitting device according to claim 26. See fig. 5. Regarding claim 45, Shim discloses a method for manufacturing a light-emitting device, comprising: providing a base substrate 100 (see fig. 5); forming a first electrode layer 200 on a side of the base substrate 100; forming a first film layer 300 or 320 on a side of the first electrode layer 200 facing away from the base substrate, wherein the first film layer 300/320 comprises: a middle portion, and an edge portion surrounding the middle portion; a surface of the middle portion facing away from the first electrode layer is a first distance from the base substrate, a surface of the edge portion facing away from the first electrode layer is a second distance from the base substrate, and the first distance and the second distance are different; forming a light-emitting structure 400 & 500 (500a-500c) on a side of the first film layer 300 facing away from the first electrode layer 200, wherein the light-emitting structure 400 & 500 comprises an organic light- emitting layer 500 and a flat portion 400, the flat portion 400 is located in a region where a smaller one of the first distance and the second distance is located, and the flat portion matches a contact film layer in energy level (any arbitrary contact film layer that has an energy level matches with the flat portion), so that after being filled with the flat portion, a film thickness between a surface of the light-emitting structure 400 & 500 facing away from the first film layer and the base substrate 100 is consistent; and forming a second electrode layer 600 and/or 700 on a side of the light-emitting structure facing away from the first film layer. 9. Claims 26, 30-32, and 45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luo et al. (US 2020/0075879) Regarding claim 26, Luo discloses a light-emitting device, comprising: a base substrate 1 (see fig. 7); a first electrode layer 2, arranged on a side of the base substrate 1; a first film layer 4, arranged on a side of the first electrode layer 2 facing away from the base substrate, wherein the first film layer 4 comprises a middle portion, and an edge portion surrounding the middle portion; a surface of the middle portion facing away from the first electrode layer 2 is a first distance from the base substrate 1, a surface of the edge portion facing away from the first electrode layer 2 is a second distance from the base substrate 1, and the first distance and the second distance are different; a light-emitting structure 5 & 7, arranged on a side of the first film layer 4 facing away from the first electrode layer 2, wherein the light-emitting structure 5 & 7 comprises an organic light- emitting layer 5 and a flat portion 7, the flat portion is located in a region where a smaller one of the first distance and the second distance is located, and the flat portion 7 matches with a contact film layer in energy level, so that after being filled with the flat portion 7, a film thickness between a surface of the light-emitting structure 5 & 7 facing away from the first film layer 4 and the base substrate 1 is consistent; and a second electrode layer 6, arranged on a side of the light-emitting structure facing away from the first film layer. Regarding claim 30, Luo discloses the light-emitting device according to claim 26, wherein the first distance is smaller than the second distance; and an orthographic projection of the flat portion 7 on the base substrate 1 approximately coincides with an orthographic projection of the middle portion on the base substrate 1. See fig. 7. Regarding claim 31, Luo discloses the light-emitting device according to claim 30, further comprising: a third pixel defining layer 3 with a third opening; wherein the third pixel defining layer 3 is lyophobic to ethylene glycol, substituted polycyclic aromatic hydrocarbons, diethylene glycol, triethylene glycol dimethyl ether, heptane, methylbenzene, or isopropanol (see paras. 0010, 0038); and a film layer 4 in the first film layer in contact with the flat portion 7 is lyophobic to ethylene glycol, substituted polycyclic aromatic hydrocarbons, diethylene glycol, triethylene glycol dimethyl ether, heptane, methylbenzene, or isopropanol (para. 0013). Regarding claim 32, Luo discloses the light-emitting device according to claim 26, wherein the first electrode layer is an anode layer, the second electrode layer is a cathode layer, and the first film layer comprises: a hole injection layer, and a hole transport layer arranged on a side of the hole injection layer facing away from the first electrode layer; an electron transport layer is further arranged between the light-emitting structure and the second electrode layer; and the flat portion is arranged between the hole transport layer and the organic light- emitting layer. See paras. 0034, 0059. Regarding claim 45, Luo discloses a method for manufacturing a light-emitting device, comprising: providing a base substrate 1 (fig. 7); forming a first electrode layer 2 on a side of the base substrate; forming a first film layer 4 on a side of the first electrode layer facing away from the base substrate, wherein the first film layer comprises: a middle portion, and an edge portion surrounding the middle portion; a surface of the middle portion facing away from the first electrode layer is a first distance from the base substrate 1, a surface of the edge portion facing away from the first electrode layer 2 is a second distance from the base substrate 1, and the first distance and the second distance are different; forming a light-emitting structure 5 & 7 on a side of the first film layer 4 facing away from the first electrode layer 2, wherein the light-emitting structure 5 & 7 comprises an organic light- emitting layer 5 and a flat portion 7, the flat portion 7 is located in a region where a smaller one of the first distance and the second distance is located, and the flat portion matches a contact film layer in energy level, so that after being filled with the flat portion 7, a film thickness between a surface of the light-emitting structure 5 & 7 facing away from the first film layer 4 and the base substrate 1 is consistent; and forming a second electrode layer 6 on a side of the light-emitting structure facing away from the first film layer 4. Claim Rejections - 35 U.S.C. § 103 10. 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 of this title, 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. 11. Claims 33, 38 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2022/0085315) Regarding claim 33, Park discloses the light-emitting device according to claim 26, comprising all claimed limitations, as discussed above. In Park, the device is a top emission device, in which the cathode is on top, and the anode is at the bottom (next to the substrate). Park does not teach wherein the first electrode layer is a cathode layer, the second electrode layer is an anode layer, and the first film layer comprises: an electron injection layer, and an electron transport layer arranged on a side of the electron injection layer facing away from the first electrode layer; a hole transport layer is further arranged between the light-emitting structure and the second electrode layer; and the flat portion is arranged between the hole transport layer and the organic light- emitting layer. However, it would have been obvious to one of ordinary skills in the art at the time the invention was made that it depends upon the application of the device, and/or the choice of the designer, the device of Park can be obviously modified to turn into a bottom emission device, wherein the cathode is at the bottom, next to the substrate, while the anode is on top, away from the substrate. It would have been well known and obvious that such modification would involve only routine skills in the art. Should such obvious modification is performed, the Park device can be turned into a device wherein: the first electrode layer is a cathode layer, the second electrode layer is an anode layer, and the first film layer comprises: an electron injection layer, and an electron transport layer arranged on a side of the electron injection layer facing away from the first electrode layer; a hole transport layer is further arranged between the light-emitting structure and the second electrode layer; and the flat portion is arranged between the hole transport layer and the organic light- emitting layer. Regarding claim 38, Park obviously discloses the light-emitting device comprising all claimed limitations. See the rejection of claim 33. Conclusion 12. A shortened statutory period for response to this action is set to expire 3 (three) months and 0 (zero) day from the day of this letter. Failure to respond within the period for response will cause the application to become abandoned (see M.P.E.P 710.02(b)). A shortened time for reply may be extended up to the maximum six-month period (35 U.S.C. 133). An extension of time fee is normally required to be paid if the reply period is extended. The amount of the fee is dependent upon the length of the extension. Extensions of time are generally not available after an application has been allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dao H. Nguyen whose telephone number is (571)272-1791. The examiner can normally be reached on Monday-Friday, 9:00 AM – 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Loke, can be reached on (571)272-1657. The fax numbers for all communication(s) is 571-273-8300. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571)272-1633. /DAO H NGUYEN/Primary Examiner, Art Unit 2818 June 23, 2026
Read full office action

Prosecution Timeline

Feb 28, 2024
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
97%
With Interview (+5.6%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1261 resolved cases by this examiner. Grant probability derived from career allowance rate.

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