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 § 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.
Claim(s) 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20150188067).
Regarding claims 1-3, Lee discloses:
[claim 1] A light-emitting apparatus comprising: a first light-emitting device (figure 3, paragraph 0068, where element Gp is the first light-emitting device defined as a micro-cavity structure by the disclosure);
and a second light-emitting device (figure 3, paragraph 0068, where element Rp is the second light-emitting device defined as a micro-cavity structure by the disclosure),
wherein the first light-emitting device comprises a first electrode, a second electrode (figure 3, paragraph 0070, element 164 is the first light-emitting layer interposed between the first [anode] and second [cathode] electrodes in column Gp),
a first light-emitting layer interposed between the first electrode and the second electrode (figure 3, paragraph 0070, element 162 is the first light-emitting layer interposed between the first [anode] and second [cathode] electrodes),
a first layer interposed between the first electrode and the first light- emitting layer (figure 3, paragraph 0079, where element ETL1 in the Gp column is the first layer interposed between the first electrode [anode] and first light emitting layer [164]),
a second layer interposed between the first layer and the first light- emitting layer (figure 3, paragraph 0079, where element N-CGL is the second layer interposed between the first layer [ETL1] and the first light-emitting layer [164])
and a third layer interposed between the second layer and the first light- emitting layer (figure 3, paragraph 0079, where element P-CGL in the Gp column is the third layer between the second layer [N-CGL] and the first light-emitting layer [164]),
wherein the second light-emitting device comprises a third electrode, a fourth electrode (figure 3, paragraph 0067, where element 110 [anode] is the third electrode, and element 175 [cathode] is the fourth electrode situated in the column of element Gp),
a second light-emitting layer interposed between the third electrode and the fourth electrode (figure 3, paragraph 0067, where element 110 [anode] is the third electrode, and element 175 [cathode] is the fourth electrode situated in the column of element Rp),
a fourth layer interposed between the third electrode and the second light-emitting layer (figure 3, paragraph 0079, where element ETL1 is the fourth layer and situated between the third electrode [anode] and the second light emitting layer [element 162]),
a fifth layer interposed between the fourth layer and the second light-emitting layer (figure 3, paragraph 0079, where element N-CGL in the Rp column is the fifth layer interposed between the fourth layer [ETL1] and the second light emitting layer [162]),
a sixth layer interposed between the fifth layer and the second light- emitting layer (figure 3, paragraph 0079, where element P-CGL in the Rp column is the sixth layer situated between the second light-emitting layer [162] and the fifth layer),
and a seventh layer interposed between the third electrode and the second light-emitting layer (figure 3, paragraph 0079, where element HTL2 in column Rp is the seventh layer between the third electrode [anode in Rp] and second light-emitting layer [162]),
wherein the first light-emitting layer comprises a first light-emitting substance (figure 3, paragraph 0071, where element 164 is the first-emitting layer comprised of a green light emitting substance),
wherein the second light-emitting layer comprises a second light-emitting substance (figure 3, paragraph 0070, where element 162 is the second light-emitting layer made of a red light emitting substance),
wherein an emission peak wavelength of the first light-emitting substance is shorter than an emission peak wavelength of the second light-emitting substance (figure 3, paragraphs 0070-0071 where element 164 [first light emitting substance] emits green light which is a shorter wavelength than the second light emitting substance [162] which is red light),
wherein the first layer and the fourth layer comprise the same material (paragraph 0079 where element ETL1 in the Gp section [layer 1] and ETL1 in the Rp section [fourth layer] are the same material),
the second layer and the fifth layer comprise the same material (paragraph 0079, where element N-CGL in column Gp is the second layer, N-CGL in column Rp is the fifth layer and made of the same material),
and the third layer and the sixth layer comprise the same material (paragraph 0079, where element P-CGL in the Gp column is the third layer and P-CGL in column Rp is the sixth layer and are made of the same material),
and wherein the seventh layer is positioned between the third electrode and the fourth layer, between the fourth layer and the fifth layer, between the fifth layer and the sixth layer, or between the sixth layer and the second light-emitting layer (figure 3, paragraph 0079, where the seventh layer I element HTL2 and situated between the sixth layer [element P-CGL in column Rp] and the second light-emitting layer [element 162]).
[claim 2] A light-emitting apparatus comprising: a first light-emitting device (figure 3, paragraph 0068, where element Gp is the first light-emitting device defined as a micro-cavity structure by the disclosure);
and a second light-emitting device (figure 3, paragraph 0068, where element Rp is the second light-emitting device defined as a micro-cavity structure by the disclosure),
wherein the first light-emitting device comprises a first electrode, a second electrode (figure 3, paragraph 0070, element 164 is the first light-emitting layer interposed between the first [anode] and second [cathode] electrodes in column Gp),
a first light-emitting layer interposed between the first electrode and the second electrode (figure 3, paragraph 0070, element 162 is the first light-emitting layer interposed between the first [anode] and second [cathode] electrodes),
a first layer interposed between the first electrode and the first light- emitting layer (figure 3, paragraph 0079, where element ETL1 in the Gp column is the first layer interposed between the first electrode [anode] and first light emitting layer [164]),
a second layer interposed between the first layer and the first light- emitting layer (figure 3, paragraph 0079, where element N-CGL is the second layer interposed between the first layer [ETL1] and the first light-emitting layer [164])
and a third layer interposed between the second layer and the first light- emitting layer (figure 3, paragraph 0079, where element P-CGL in the Gp column is the third layer between the second layer [N-CGL] and the first light-emitting layer [164]),
wherein the second light-emitting device comprises a third electrode, a fourth electrode (figure 3, paragraph 0067, where element 110 [anode] is the third electrode, and element 175 [cathode] is the fourth electrode situated in the column of element Gp),
a second light-emitting layer interposed between the third electrode and the fourth electrode (figure 3, paragraph 0067, where element 110 [anode] is the third electrode, and element 175 [cathode] is the fourth electrode situated in the column of element Rp),
a fourth layer interposed between the third electrode and the second light-emitting layer (figure 3, paragraph 0079, where element ETL1 is the fourth layer and situated between the third electrode [anode] and the second light emitting layer [element 162]),
a fifth layer interposed between the fourth layer and the second light-emitting layer (figure 3, paragraph 0079, where element N-CGL in the Rp column is the fifth layer interposed between the fourth layer [ETL1] and the second light emitting layer [162]),
a sixth layer interposed between the fifth layer and the second light- emitting layer (figure 3, paragraph 0079, where element P-CGL in the Rp column is the sixth layer situated between the second light-emitting layer [162] and the fifth layer),
and a seventh layer interposed between the third electrode and the second light-emitting layer (figure 3, paragraph 0079, where element HTL2 in column Rp is the seventh layer between the third electrode [anode in Rp] and second light-emitting layer [162]),
wherein the first light-emitting layer comprises a first light-emitting substance (figure 3, paragraph 0071, where element 164 is the first-emitting layer comprised of a green light emitting substance),
wherein the second light-emitting layer comprises a second light-emitting substance (figure 3, paragraph 0070, where element 162 is the second light-emitting layer made of a red light emitting substance),
wherein an emission peak wavelength of the first light-emitting substance is shorter than an emission peak wavelength of the second light-emitting substance (figure 3, paragraphs 0070-0071 where element 164 [first light emitting substance] emits green light which is a shorter wavelength than the second light emitting substance [162] which is red light),
wherein the first layer and the fourth layer are formed using the same material (paragraph 0079 where element ETL1 in the Gp section [layer 1] and ETL1 in the Rp section [fourth layer] are the same material),
the second layer and the fifth layer are formed using the same material (paragraph 0079, where element N-CGL in column Gp is the second layer, N-CGL in column Rp is the fifth layer and made of the same material),
and the third layer and the sixth layer are formed using the same material (paragraph 0079, where element P-CGL in the Gp column is the third layer and P-CGL in column Rp is the sixth layer and are made of the same material),
and wherein the seventh layer is positioned between the third electrode and the fourth layer, between the fourth layer and the fifth layer, between the fifth layer and the sixth layer, or between the sixth layer and the second light-emitting layer (figure 3, paragraph 0079, where the seventh layer I element HTL2 and situated between the sixth layer [element P-CGL in column Rp] and the second light-emitting layer [element 162]).
[claim 3] A light-emitting apparatus comprising: a first light-emitting device (figure 3, paragraph 0068, where element Gp is the first light-emitting device defined as a micro-cavity structure by the disclosure);
and a second light-emitting device (figure 3, paragraph 0068, where element Rp is the second light-emitting device defined as a micro-cavity structure by the disclosure),
wherein the first light-emitting device comprises a first electrode, a second electrode (figure 3, paragraph 0070, element 164 is the first light-emitting layer interposed between the first [anode] and second [cathode] electrodes in column Gp),
a first light-emitting layer interposed between the first electrode and the second electrode (figure 3, paragraph 0070, element 162 is the first light-emitting layer interposed between the first [anode] and second [cathode] electrodes),
a first layer interposed between the first electrode and the first light- emitting layer (figure 3, paragraph 0079, where element ETL1 in the Gp column is the first layer interposed between the first electrode [anode] and first light emitting layer [164]),
a second layer interposed between the first layer and the first light- emitting layer (figure 3, paragraph 0079, where element N-CGL is the second layer interposed between the first layer [ETL1] and the first light-emitting layer [164])
and a third layer interposed between the second layer and the first light- emitting layer (figure 3, paragraph 0079, where element P-CGL in the Gp column is the third layer between the second layer [N-CGL] and the first light-emitting layer [164]),
wherein the second light-emitting device comprises a third electrode, a fourth electrode (figure 3, paragraph 0067, where element 110 [anode] is the third electrode, and element 175 [cathode] is the fourth electrode situated in the column of element Gp),
a second light-emitting layer interposed between the third electrode and the fourth electrode (figure 3, paragraph 0067, where element 110 [anode] is the third electrode, and element 175 [cathode] is the fourth electrode situated in the column of element Rp),
a fourth layer interposed between the third electrode and the second light-emitting layer (figure 3, paragraph 0079, where element ETL1 is the fourth layer and situated between the third electrode [anode] and the second light emitting layer [element 162]),
a fifth layer interposed between the fourth layer and the second light-emitting layer (figure 3, paragraph 0079, where element N-CGL in the Rp column is the fifth layer interposed between the fourth layer [ETL1] and the second light emitting layer [162]),
a sixth layer interposed between the fifth layer and the second light- emitting layer (figure 3, paragraph 0079, where element P-CGL in the Rp column is the sixth layer situated between the second light-emitting layer [162] and the fifth layer),
and a seventh layer interposed between the third electrode and the second light-emitting layer (figure 3, paragraph 0079, where element HTL2 in column Rp is the seventh layer between the third electrode [anode in Rp] and second light-emitting layer [162]),
wherein the first light-emitting layer comprises a first light-emitting substance (figure 3, paragraph 0071, where element 164 is the first-emitting layer comprised of a green light emitting substance),
wherein the second light-emitting layer comprises a second light-emitting substance (figure 3, paragraph 0070, where element 162 is the second light-emitting layer made of a red light emitting substance),
wherein an emission peak wavelength of the first light-emitting substance is shorter than an emission peak wavelength of the second light-emitting substance (figure 3, paragraphs 0070-0071 where element 164 [first light emitting substance] emits green light which is a shorter wavelength than the second light emitting substance [162] which is red light),
wherein the first layer and the fourth layer have similar structures (paragraph 0079 where element ETL1 in the Gp section [layer 1] and ETL1 in the Rp section [fourth layer] are the same material),
the second layer and the fifth layer have similar structures (paragraph 0079, where element N-CGL in column Gp is the second layer, N-CGL in column Rp is the fifth layer and made of the same material),
and the third layer and the sixth layer have similar structures (paragraph 0079, where element P-CGL in the Gp column is the third layer and P-CGL in column Rp is the sixth layer and are made of the same material),
and wherein the seventh layer is positioned between the third electrode and the fourth layer, between the fourth layer and the fifth layer, between the fifth layer and the sixth layer, or between the sixth layer and the second light-emitting layer (figure 3, paragraph 0079, where the seventh layer I element HTL2 and situated between the sixth layer [element P-CGL in column Rp] and the second light-emitting layer [element 162]).
However, Lee does not specifically disclose
[claim 1-3] wherein an ordinary refractive index of each of the first layer and the third layer is lower than an ordinary refractive index of the second layer at the emission peak wavelength of the first light-emitting substance,
wherein an ordinary refractive index of each of the fourth layer and the sixth layer is lower than an ordinary refractive index of the fifth layer at the emission peak wavelength of the second light-emitting substance
However, according to MPEP 2144.05 II. ROUTINE OPTIMIZATION
A. Optimization Within Prior Art Conditions or Through Routine Experimentation
Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Lab. Inc., 874 F.2d 804, 809, 10 USPQ2d 1843, 1848 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989)(Claimed ratios were obvious as being reached by routine procedures and producing predictable results); In re Kulling, 897 F.2d 1147, 1149, 14 USPQ2d 1056, 1058 (Fed. Cir. 1990)(Claimed amount of wash solution was found to be unpatentable as a matter of routine optimization in the pertinent art, further supported by the prior art disclosure of the need to avoid undue amounts of wash solution); and In re Geisler, 116 F.3d 1465, 1470, 43 USPQ2d 1362, 1366 (Fed. Cir. 1997)(Claims were unpatentable because appellants failed to submit evidence of criticality to demonstrate that that the wear resistance of the protective layer in the claimed thickness range of 50-100 Angstroms was "unexpectedly good"); Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438, 4 USPQ 237 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions."). See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395 (2007) (identifying "the need for caution in granting a patent based on the combination of elements found in the prior art.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to have modified the teaching of Lee to routinely optimize the ETL, P-CGL, N-CGL and HTL layer such that the first and third layer would have a lower refractive index than the second layer, and the fourth and sixth layer would have a lower refractive index than the fifth layer to maximize light output from the light-emitting layers as the various layers are made of various types of materials which can range in their refractive indices.
Lee further discloses
[claim 8] The light-emitting apparatus according to claim 1, wherein the first layer and the fourth layer are continuous, the second layer and the fifth layer are continuous, and the third layer and the sixth layer are continuous (figure 3, paragraph 0079, where the first and fourth layer [ETL1 in Gp and Rp column] are continuous, the second and fifth layer [elements N-CGL in column Gp and Rp] are continuous, and the third and sixth layers [P-CGL in the Gp and Rp column] are continuous).
[claim 13] The light-emitting apparatus according to claim 2, wherein the first layer and the fourth layer are continuous, the second layer and the fifth layer are continuous, and the third layer and the sixth layer are continuous (figure 3, paragraph 0079, where the first and fourth layer [ETL1 in Gp and Rp column] are continuous, the second and fifth layer [elements N-CGL in column Gp and Rp] are continuous, and the third and sixth layers [P-CGL in the Gp and Rp column] are continuous).
[claim 18] The light-emitting apparatus according to claim 3, wherein the first layer and the fourth layer are continuous, the second layer and the fifth layer are continuous, and the third layer and the sixth layer are continuous (figure 3, paragraph 0079, where the first and fourth layer [ETL1 in Gp and Rp column] are continuous, the second and fifth layer [elements N-CGL in column Gp and Rp] are continuous, and the third and sixth layers [P-CGL in the Gp and Rp column] are continuous).
Additionally, the present embodiment of Lee does not specifically disclose,
[claim 4] The light-emitting apparatus according claim 1, wherein the seventh layer is positioned between the third electrode and the fourth layer.
[claim 5] The light-emitting apparatus according to claim 1, wherein the seventh layer is positioned between the fourth layer and the fifth layer.
[claim 6] The light-emitting apparatus according to claim 1, wherein the seventh layer is positioned between the fifth layer and the sixth layer.
[claim 7] The light-emitting apparatus according to any one of claim 1, wherein the seventh layer is positioned between the sixth layer and the second light-emitting layer.
[claim 9] The light-emitting apparatus according to claim 2, wherein the seventh layer is positioned between the third electrode and the fourth layer.
[claim 10] The light-emitting apparatus according to claim 2, wherein the seventh layer is positioned between the fourth layer and the fifth layer.
[claim 11] The light-emitting apparatus according to claim 2, wherein the seventh layer is positioned between the fifth layer and the sixth layer.
[claim 12] The light-emitting apparatus according to claim 2, wherein the seventh layer is positioned between the sixth layer and the second light-emitting layer.
[claim 14] The light-emitting apparatus according to claim 3, wherein the seventh layer is positioned between the third electrode and the fourth layer.
[claim 15] The light-emitting apparatus according claim 3, wherein the seventh layer is positioned between the fourth layer and the fifth layer.
[claim 16] The light-emitting apparatus according to claim 3, wherein the seventh layer is positioned between the fifth layer and the sixth layer.
[claim 17] The light-emitting apparatus according to claim 3, wherein the seventh layer is positioned between the sixth layer and the second light-emitting layer.
However, according to MPEP 2144.04 VI. REVERSAL, DUPLICATION, OR REARRANGEMENT OF PARTS
C. Rearrangement of Parts
In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
It would have been obvious to one of ordinary skill in the art before the filing date of the present application to have modified the teachings of Lee to re-arrange the parts such that the seventh layer, that is the HTL2 layer of the Rp column of figure 3, could be re-arranged to satisfy the requirements that it be situated between other layers. For example, the layers could be re-numbered while maintaining the limitations of claims 1-3 such that the seventh layer is the ETL1 layer of column Rp (first and fourth layer would be N-CGL, second a fifth layer would be P-CGL, third and sixth layer would be HTL2), it could be N-CGL of column Rp (first and fourth layer would be ETL1, second and fifth layer would be P-CGL, third and sixth layer would be HTL2), P-CGL of column Rp (first and fourth layer would be ETL1, second and fifth layer would be N-CGL, and third and sixth layer would be HTL2) or HTL2 of column Rp. Re-arranging the numbers of the layers would have no materially consequence on the function or structure of the device, thus it would be obvious to do as the device would function the same.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Watabe et al (US 20230422548), Lee et al (US 11744147), Kimoto (US 20220352482), Kim et al (US 20220285446), Seo et al (US 20210317069), Watabe et al (US 20210005814), Watabe et al (US 20200176692), and Nakanishi et al (US 20190320517).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW ZABEL whose telephone number is (703)756-4788. The examiner can normally be reached M-F 9-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeff W Natalini can be reached at 572-272-2266. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW JOHN ZABEL/Examiner, Art Unit 2818
/JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818
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