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 .
Response to Arguments
This action is in response to applicants’ amendment of 8 September 2025. The amendments to the specification have overcome the objections to the disclosure. The amendments to the claims have overcome the objections to the claims, the art rejection, the 35 USC 112(b) rejections and the 35 USC 112(a) rejection over claim 17. The 35 USC 112(a) rejection over claim 23 have been modified in view of the amendments to the claims. Upon reconsideration, the previous objection to figure 9c has been withdrawn.
Election/Restrictions
Amended claims 1-6 and 8-11 are now directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The originally presented claims were directed to a composition comprising an organic siloxane solvent and light-emitting perovksite nanocrystals having a plurality of ligands bound to the surface of the nanocrystals. The amended claims are now directed to particles of light-emitting perovksite nanocrystals having a plurality of ligands bound to the surface of the nanocrystals whereby the claimed particles are synthesized using an organic siloxane solvent, which makes the amended claims product-by-process claims.
The original examined claims and the amended claims are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed have a materially different design, mode of operation, function, or effect, in that the original claims are directed to a composition that requires the presence of the solvent and the original claimed perovskite nanocrystals having a plurality of ligands bound to the surface of the nanocrystals can be produced by any method. The new claims are directed to a materially different material which has a materially different design, mode of operation, function, or effect in that the claims are directed to particles and thus expected the presence of a solvent and the newly claimed nanocrystals must be made by the claimed process. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 1-6 and 8-11 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Drawings
The Examiner did not realize that originally filed figures 1-4, 7, 9-12, 14, 16-31 and 40-48 were in color. Since figure 9c is in color, the shading in figure 9c is acceptable. In view of the missed color drawings, the following objection to figures 1-4, 7, 9-12, 14, 16-31 and 40-48 was not made.
The drawings are objected to because figures 1-4, 7, 9-12, 14, 16-31 and 40-48 and none of the requirements for color drawings to be accepted have been met.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The amendments to page 8, lines 20-21 and page 21, lines 3-5 teach “a primary, a secondary, a tertiary, alkyl group, or including fluctional groups such as an alkylamine, a p-substituted aniline, phenyl ammonium.” In this phrase, an “or” is missing from between a p-substituted aniline and phenyl ammonium. Based on applicants arguments on page 18 of the response, “a primary, a secondary, a tertiary, alkyl group” in this phrase should be written as “a primary, a secondary, or a tertiary alkyl group”. Appropriate correction is required.
The amendment filed 8 September 2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The amendment to line 3 on page 3 changing “A is organic ammonium,” to “A is organic ammonium or Cs,”.
The amendments to page 8, lines 20-21 and page 21, lines 3-5 changing “a primary alcohol, a secondary alcohol, a tertiary alcohol, an alkylamine, a p-substituted aniline, phenyl ammonium or ammonium fluoride” to “a primary, a secondary or a tertiary alkyl group, or including fluctional groups such as an alkylamine, a p-substituted aniline, phenyl ammonium.”
Applicant is required to cancel the new matter in the reply to this Office Action.
There is no teaching or suggestion in the originally filed disclosure that A can be cesium. The teaching of CsPbBr3 on page 15 relates to the prior art teaching about this compound. While the specification teaches producing CsPbBr3 using siloxane solvents in Control Example 3, this single example does not indicate that applicants contemplated the newly disclosed perovskites where A in all of the disclosed formulas in the paragraph of line 32 on page 2 to line 4 on page 3 can be cesium. Applicants did not point where in the originally filed disclosure there is support for this amendment. Thus this addition to the definition of A is new matter.
There is no teaching or suggestion in the originally filed disclosure that the alkyl structure of the alkyl ammonium halide can be a primary, a secondary or a tertiary alkyl group or that the alkyl structure can include fluctional groups such as an alkylamine, a p-substituted aniline, or phenyl ammonium. Applicants did not point where in the originally filed disclosure there is support for these amendments. Thus these changes are new matter.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 23 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
This claim was amended to now teach the alkyl structure of the alkyl ammonium halide can be a primary, a secondary or a tertiary alkyl group or that the alkyl structure can include fluctional groups such as an alkylamine, a p-substituted aniline, or phenyl ammonium. There is no teaching or suggestion in the originally filed disclosure that the alkyl structure of the alkyl ammonium halide can be a primary, a secondary or a tertiary alkyl group or that the alkyl structure can include fluctional groups such as an alkylamine, a p-substituted aniline, or phenyl ammonium. Thus this claim includes new matter.
Allowable Subject Matter
Claims 12-22 are allowed.
Thes claims are allowable for the reasons given in the previous action.
Conclusion
It is noted that if claim 8 was not withdrawn, it would be rejected as under 35 USC 112(a) as including new matter. This is because applicants amended this claim to include Cs in the definition for A. This amendment is new matter for the reason given above.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
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, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
10/1/25