`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
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`
`
`
` FILING DATE
`
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
`
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`CONFIRMATIONNO.
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`12/372,932
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`02/18/2009
`
`Takahiro Nakayama
`
`1497.49733X00
`
`1555
`
`20457
`
`7590
`
`11/01/2012
`
`ANTONELLI, TERRY, STOUT & KRAUS, LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON,VA 22209-3873
`
`STERN,JACOB R
`
`2879
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`MAIL DATE
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`11/01/2012
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`

`

`
`Application No.
`Applicant(s)
`
`Office Action Summary
`
`12/372,932
`Examiner
`JACOBR. STERN
`
`NAKAYAMA, TAKAHIRO
`Art Unit
`2879
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) OR THIRTY(30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1)X] Responsive to communication(s)filed on 02 July 2012.
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] An election was made bythe applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
`4)_] Sincethis application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)X] Claim(s) 1 and 3-11 is/are pending in the application.
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`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 7 and 3-11 is/are rejected.
`8)L] Claim(s) ___is/are objectedto.
`9)L] Claim(s)___ are subjectto restriction and/or election requirement.
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`Application Papers
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`10) The specification is objected to by the Examiner.
`
`11)[] The drawing(s) filed on
`is/are: a)[_] accepted or b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`12) The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)[] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)L] All
`)LJ Some * c)L] None of:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) C] Notice of References Cited (PTO-892)
`2) [_] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) [J Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`4) CT] Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __
`5) L] Notice of Informal Patent Application
`6) Cc Other:
`
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
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`Part of Paper No./Mail Date 20121019
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`
`
`

`

`Application/Control Number: 12/372,932
`Art Unit: 2879
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`Page 2
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousnessrejections setforth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 ofthis title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obviousat the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
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`Claims 1 and 3-12 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Yashimaetal. (US 20070029539).
`
`Regarding Independent Claim 1, Yashima discloses an organic light emitting
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`device, comprising: resonators for respective three colors of a red range, a green range,
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`and a blue range; and a plurality of layers, wherein: when an optical path length which
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`is a sum of values each obtained by multiplying a refractive index n; of each layeri of
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`the plurality of layers by a thickness dj thereof and doubling a resultant is denoted by
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`22nidi, a length obtained by adding an amount of a phaseshift owing to an interface
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`reflection and an offset length is denoted by A, a natural numberis denoted by m, and a
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`resonance wavelength is denotedbyA, a total resonator length L of the organic light
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`emitting device is set to L= 22njd, + A=mA; in the resonator having the red range that
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`emits light, a total resonator length of the resonator for the red range is m times larger
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`than a wavelength of the red range ([0031]), and in the resonator having the blue range
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`that emits light, a total resonator length thereof of the resonatorfor the blue range is
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`(m+1) times larger than a wavelength of the blue range ([0031]) the total resonator
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`

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`Application/Control Number: 12/372,932
`Art Unit: 2879
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`Page 3
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`length of the resonator for the red range andthe total resonator length of the resonator
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`for the blue range are substantially equal to each other ([0028]); and a thicknessof the
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`resonator for the red range and a thickness of the resonator for the blue range are
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`substantially equal ([0028]) to each otherthe optical path length for the red range, the
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`optical path length for the blue range and the optical path length for the green range are
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`substantially equal to each other ([0010], [0028], and figure 1).
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`Yashima does not expressly that the optical path length and thicknessfor the
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`blue, red, and green are exactly the same.
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`It should be noted that Yashima disclosesthatit is preferred that layers other
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`than the light-emitting layer each have a common structure as far as possible and that
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`the optical path lengths for the blue, red, and green take substantially equal values
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`([0028]). Furthermore, manufacturing is made easier when the sub-pixels have the
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`samethickness. And,
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`for a given thickness, the luminosity is increased when the peak
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`wavelengths of the emission colors correspond to the thickness. Consequently, it would
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`have been obvious to one having ordinary skill in the art at the time of invention to make
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`device with the limitations as claimed in order to make manufacturing easier while
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`having a high luminosity.
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`Regarding Independent Claim 3, Yashima discloses an organic light emitting
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`device, comprising: resonators for respective three colors of a red range, a green range,
`
`and a blue range; and a plurality of layers, wherein: when an optical path length whichis
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`a sum of values each obtained by multiplying a refractive index n; of each layeri of the
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`plurality of layers of the organic light emitting device by a thickness dj thereof and
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`

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`Application/Control Number: 12/372,932
`Art Unit: 2879
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`Page 4
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`doubling a resultant is denoted by 22nidi, a length obtained by adding an amount of a
`
`phaseshift owing to an interface reflection and an offset length is denoted by A, a
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`natural number is denoted by m, and a resonance wavelength is denoted byA, a total
`
`resonator length L of the organic light emitting device is set to L= 22njdj+ A=mA; and in
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`the resonator having the red range that emits light, a total resonator length of the
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`resonator for the red range is m times larger than a wavelength of the red range,in the
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`resonator having the green range that emits light, a total resonator length of the
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`resonator for the green range is (m + 1) times larger than a wavelength of the green
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`range, and in the resonator having the blue range that emits light, a total resonator
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`length of the resonator for the blue range is (m+2) times larger than a wavelength of the
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`blue range (paragraph [0010] figure 1 & corresponding text), a thicknessof the
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`resonator for the blue range anda thicknessof the resonator for the green range are
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`equal to each other and the (as evidenced by paragraph [0010] and figure 1 &
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`corresponding text) the optical path length for the red range, the optical path length for
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`the blue range and the optical path length for the green range are equal to each other.
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`Yashima does not expressly that the optical path length and thicknessfor the
`
`blue, red, and green are exactly the same.
`
`It should be noted that Yashima disclosesthatit is preferred that layers other
`
`than the light-emitting layer each have a common structure as far as possible and that
`
`the optical path lengths for the blue, red, and green take substantially equal values.
`
`Furthermore, manufacturing is made easier when the sub-pixels have the same
`
`thickness. And,
`
`for a given thickness, the luminosity is increased when the peak
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`

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`Application/Control Number: 12/372,932
`Art Unit: 2879
`
`Page 5
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`wavelengths of the emission colors correspond to the thickness. Consequently, it would
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`have been obvious to one having ordinary skill in the art at the time of invention to make
`
`device with the limitations as claimed in order to make manufacturing easier while
`
`having a high luminosity.
`
`Regarding Claim 4, an organic light emitting device according to claim 1,
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`wherein a light emission of the red range and a light emission of the blue range
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`simultaneously satisfy a resonance condition in which each ofthe light emissions of the
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`colors is in phase (paragraph [0010] and figure 1 & corresponding text) .
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`Regarding Claim 5, an organic light emitting device wherein the total resonator
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`length L falls within a range of (+/- )(.5%) of one of 1,010 nm, 1,180 nm, and 1,320 nm
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`(paragraph [0010] and figure 1 & corresponding text) .
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`Regarding Claim 6, an organic light emitting device wherein no phaseshift of a
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`1/2 wavelength occurs owing to a mirror surface reflection on both reflection mirrors of
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`eachof the resonators; and an optical path length betweenthe reflection mirrors falls
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`within a range of (+/-) (5%) of one of 187 nm, 476 nm, and 714 nm (paragraph [0010]
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`and figure 1 & corresponding text).
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`Regarding Claim 7, an organic light emitting device wherein a phaseshift of a
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`1/2 wavelength occurs owing only to a mirror surface reflection on one ofreflection
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`mirrors of each of the resonators; and an optical path length betweenthe reflection
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`mirrors falls within a range of(+/-) (5%) of one of 323 nm and 595 nm (paragraph
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`[0010] and figure 1 & corresponding text).
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`

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`Application/Control Number: 12/372,932
`Art Unit: 2879
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`Page 6
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`Regarding Claim 8, an organic light emitting device according to claim 3,
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`wherein a light emission of the red range, a light emission of the green range, and a
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`light emission of the blue range simultaneously satisfy a resonance condition
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`(paragraph [0010] andfigure 1 & corresponding text) .
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`Regarding Claim 9, organic light emitting device according to claim 8, wherein
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`the total resonator length L falls within a range of (+/-) (5%) of one of 1,390 nm and
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`2,122 nm (paragraph [0010] and figure 1 & corresponding text) .
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`Regarding Claim 10, an organic light emitting device according to claim 8,
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`wherein: no phaseshift of a 1/2 wavelength occurs owing to a mirror surface reflection
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`on both reflection mirrors of each of the resonators; and an optical path length between
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`the reflection mirrors falls within a range of (+/-) (5%) of one of 833 nm and 1,122 nm
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`(paragraph [0010] andfigure 1 & corresponding text).
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`Regarding Claim 11, an organic light emitting device according to claim 8,
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`wherein: a phaseshift of a 1/2 wavelength occurs owing only to in a mirror surface
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`reflection on one of reflection mirrors of each of the resonators; and an optical path
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`length betweenthe reflection mirrors falls within a range of (+/-) (.5%) of one of 680 nm,
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`935 nm, and 1,224 nm (paragraph [0010] and figure 1 & corresponding text.
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`Response to Arguments
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`Applicant's argumentsfiled 07/02/2012 have been fully considered but they are
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`not persuasive.
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`Applicant has argued that the rejection under 35 U.S.C. 103(a) as being
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`unpatentable over Yashima et al. (US 20070029539) is improper based on the fact that
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`

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`Application/Control Number: 12/372,932
`Art Unit: 2879
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`Page 7
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`Yashima does notdisclose that the optical path for blue green and red are exactly the
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`same.
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`The Examiner generally agrees with applicant's characterization of the facts, but
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`disagrees with applicant’s conclusion that the rejection under 35 U.S.C. 103(a) is
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`improper. Applicant has arguedasif the rejection is made under 35 U.S.C. 102,
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`however, the rejection of record is made under 35 U.S.C. 103(a), and in an obviousness
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`type rejection there can be differences betweentheprior art and the claims at issue.
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`Conclusion
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`A shortened statutory period for reply to this final action is set to expire THREE
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`
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`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
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`shortenedstatutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuantto 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date ofthis final action.
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to JACOB R. STERN whosetelephone numberis
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`(571)270-3350. The examiner can normally be reached on Mondaythru Friday, 8am-
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`5pm EST.
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`

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`Application/Control Number: 12/372,932
`Art Unit: 2879
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`Page 8
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Nimesh D. Patel can be reached on (571)272-2457. The fax phone number
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`for the organization wherethis application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on accessto the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automatedinformation
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`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/JACOB STERN/
`Examiner, Art Unit 2879
`
`/Anne M Hines/
`Primary Examiner, Art Unit 2879
`
`