Prosecution Insights
Last updated: April 19, 2026
Application No. 17/780,260

QUANTUM DOT, WAVELENGTH CONVERSION MATERIAL, BACKLIGHT UNIT, IMAGE DISPLAY DEVICE, AND METHOD FOR PRODUCING QUANTUM DOT

Non-Final OA §103
Filed
May 26, 2022
Examiner
CORNELY, JOHN PATRICK
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Shin-Etsu Chemical Co. Ltd.
OA Round
5 (Non-Final)
73%
Grant Probability
Favorable
5-6
OA Rounds
3y 5m
To Grant
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
49 granted / 67 resolved
+5.1% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
22 currently pending
Career history
89
Total Applications
across all art units

Statute-Specific Performance

§103
49.6%
+9.6% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
22.0%
-18.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 67 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submissions filed on 12/29/2025 and 01/30/2026 have been entered. Status of Claims Claims 12-14 and 17-37 are pending. Claims 1-11, 15-16 and 38-40 are canceled. Claims 12-14, 22-24 and 29-37 are currently amended. Claims 17-21 and 25-28 are previously presented. Claims 12-14 and 17-37 are rejected herein. Response to Arguments Applicant's arguments filed 01/30/2026 have been fully considered but they are not persuasive. Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument (i.e., the arguments concerning to the claim limitations with respect to the materials of the coating layer). Applicant argues that “[t]he rejections relying on Kim are overcome in view of the claims being previously amended to include subject matter from claims 29-37, which were not rejected relying on Kim.” Remarks, page 10. This argument is not persuasive. Notably, Kim is not relied upon for teaching the limitations from claims 29-37. Rather, the limitations from claims 29-37 (i.e., the limitations related to the materials of the claimed coating layer) are disclosed, e.g., in Dai, Nick and Kortshagen. Applicant also argue “if Adegoke, Tan, Banin, Kim, Pickett, Qu ’822 or Qu ’497 were combined, such would not achieve the present claims.” Remarks, page 12. This argument is not persuasive. Notably, Qu ‘822 and Qu ‘497 have not been applied in the current rejections herein below. Rather, the current rejection herein below now cite Dai, Nick and Kortshagen, respectively, as disclosing the claimed materials for the claimed coating layer. Note also, the grounds of rejection herein below rely on Pickett for teaching a spherical shape as a whole, and Applicant’s arguments fails to address Pickett in this regard. Additionally, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Note, Applicant attacks against Banin individually cannot show nonobviousness when the rejections are based on combinations of references including, in this case, Adegoke, Tan, Pickett, Kim, Dai, Nick and Kortshagen. In particular, Applicant appears to argue that Banin does not describe or suggest a quantum dot that has a spherical shape as a whole. Remarks, page 10. However, Banin clearly discloses a quantum dot. See, e.g., Abstract of Banin. Moreover, Pickett discloses a quantum dot having a spherical shape as a whole. See, e.g., FIGS. 1-3 of Pickett. Additionally, Applicant appears to argue that Banin does not describe or suggest a quantum dot that has the coating layer as claimed comprised of the materials as claimed. Remarks, pages 11-12. However, Banin clearly discloses a quantum dot. See, e.g., Abstract of Banin. Moreover, Dia, Nick and Kortshagen, respectively, disclose a quantum dot having coating layers as claimed comprised of the materials as claimed. See the rejections herein below. Applicant further appears to argue that Banin does not disclose the claimed compositions of the quantum well structure. Remarks, pages 10-11. This argument is not persuasive. Again, one cannot show nonobviousness by attacking Banin individually where the rejections are based on combinations of references including in this case, inter alia, Adegoke, Tan, etc. Indeed, as more fully detailed in the rejections herein below, Banin in view of Adegoke and Tan discloses the claimed compositions of the quantum well structure. Applicant further argues that “Pickett, Qu '882 and Qu '497 were cited as allegedly suggesting coating layers on quantum dots. However, none of these references describe or suggest the coating layers as now recited in claims 12-14 and 22-24, nor provide any reason or rationale for use of the recited coating layers on the material of Banin.” Remarks, page 12. This argument is not persuasive. Notably, in the current rejections herein below, Pickett, Qu '882 and Qu '497 are not cited as allegedly suggesting coating layers on quantum dots. Rather, as necessitated by Applicant’s amendments, Dai, Nick and Kortshagen are now cited for teaching the claimed coating layers and/or the claimed materials used therefor. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 12-13, 17-18, 22-23 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Banin (US 20130115455 A1) in view of Adegoke (Adegoke et al., "Fluorescence properties of alloyed ZnSeS quantum dots overcoated with ZnTe and ZnTe/ZnS shells," Optical Materials, 54, 2016, pages 104-110), Tan (US 20210071076 A1), Pickett (US 20080220593 A1) and Dai (Qilin Dai, et al., “Passivation Effects on Quantum Dots Prepared by Successive Ionic Layer Adsorption and Reaction,” Nanotechnology, Volume 27, Number 22, Published 22 April 2016). Regarding claim 12, Banin discloses (see generally, e.g., FIGS. 1A-R and “Scheme 1” on page 4): A quantum dot comprising a crystalline nanoparticle (see, e.g., Abstract, and paragraphs [0008], [0010] and [0025]), wherein the quantum dot has a multi-layer structure comprising a core particle (core) and a plurality of layers (shells) on the core particle (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4), and has Zn, S, Se, and Te as constituent elements (see, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS”), and the quantum dot has at least one quantum well structure in a radial direction from a center of the quantum dot (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, along with Example A5 and Table 1 on page 18). Banin further discloses the quantum well structure has a composition of ZnSe/ZnTe/ZnS. However, Banin does not explicitly disclose the quantum well structure has a composition of ZnSxSe1-x/ZnTe/ZnSySe1-y (0<x<1, 0<y<1). However, in analogous art, Adegoke discloses a quantum dot (QD) core having a ternary composition of ZnSSe, i.e., ZnSxSe1-x (0<x<1). See, e.g., Abstract. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a QD core having the ternary composition ZnSSe (i.e., i.e., ZnSxSe1-x (0<x<1)) as taught by Adegoke in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot core). See, e.g., MPEP §2144.07. Additionally, the core of Adegoke is a Cd-free non-toxic, eco-friendly core compatible with ZnTe as a first shell thereover. The core of Adegoke contributes to distinct optical properties of the QD and the use of the core in a fluorescent QD nanocrystal contributes to the desired tunability thereof. See, e.g., Introduction. Also, in analogous art, Tan discloses a quantum dot with an outer shell having a ternary composition of ZnSeS, i.e., ZnSySe1-y (0<y<1). See, e.g., paragraphs [0256]-0259]. Tan further discloses the interchangeability of ZnS, ZnSe and ZSeS as outer shells for quantum dots and their use in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a quantum dot shell having the composition ZnSeS (i.e., ZnSySe1-y (0<y<1)) as taught by Tan as the outer shell in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot outer shell). See, e.g., MPEP §2144.07. Additionally, Tan discloses the use and interchangeability of ZnS, ZnSe and ZSeS as outer shells in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. Note, when so modified in accordance with the teachings of Adegoke and Tan, the quantum well structure of Banin has the composition of ZnSxSe1-x/ZnTe/ZnSySe1-y (0<x<1, 0<y<1) as claimed. Banin further discloses that “the overall shape of the core/shell structure is spherical and constitutes a core and one or more shells.” See, e.g., paragraph [0043]. Notably, the “core/shell structure” disclosed by Banin constitutes a quantum dot as claimed. As such, Banin discloses that “the quantum dot has a spherical shape” as claimed. Banin may not explicitly disclose that “the quantum dot has a spherical shape as a whole” as claimed. However, Banin does explicitly disclose that “[t]he optical behavior of the particles can be further modified by controlling their shape.” Paragraph [0003]. Accordingly, Banin recognizes that “shape” is a result effective variable with respect to the optical behavior of quantum dots. Banin also recognizes that rod shaped shell materials present “a significant synthetic challenge.” See, e.g., paragraph [0014]. Additionally, in analogous art, Pickett discloses a quantum dot having a spherical shape as a whole. See, e.g., FIGS. 1-3. Pickett further disclose that a shape of the quantum dot can be varied to include either spherical or rod shapes. See, e.g., paragraphs [0015], [0097] and [0121]. Accordingly, it would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have made the quantum dot of Banin to have a spherical shape as a whole as taught by Pickett according to known methods to yield predictable results, e.g., in order to achieve a particular or suitable optical behavior of the quantum dot for a given application (i.e., insomuch as the shape of the quantum dot is a known result effective variable with respect to the quantum dot’s optical behavior), while avoiding the significant synthetic challenge associated with a rod/shell shape. Banin does not explicitly disclose that: the quantum dot has a coating layer of an organic molecule and the organic molecule is selected from palmitic acid, dimercaptosuccinic acid, oleylamine, octadecylamine and 1-dodecanethiol, or the quantum dot has a coating layer of a polymer and the polymer is selected from polyvinyl alcohol, polyvinylpyrrolidone and polysilsesquioxane, or the quantum dot has a coating layer of an inorganic molecule and the inorganic molecule is selected from titania and gallium oxide. However, in analogous art, Dai discloses a quantum dot having a coating layer of an organic molecule and the organic molecule is oleylamine. See, e.g., Abstract and page 2, columns 1-2. Note, Dai discloses using oleylamine to passivate QDs. See Abstract. Dai further discloses that “organic ligands are commonly used for QD surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability.” Dai, page 2, column 1. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a coating layer of an organic molecule where the organic molecule is oleylamine as taught by Dai on the quantum dot of Banin (i.e., as modified in accordance with the teachings of Adegoke, Tan and Pickett as described above herein) according to known methods to yield predictable results, e.g., in order to aid in colloidal QD synthesis with a coating layer on the QD that provides surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability. See, e.g., Dai, page 2, column 1. Regarding claim 13, Banin discloses (see generally, e.g., FIGS. 1A-R and “Scheme 1” on page 4): A quantum dot comprising a crystalline nanoparticle (see, e.g., Abstract, and paragraphs [0008], [0010] and [0025]), wherein the quantum dot has a multi-layer structure comprising a core particle (core) and a plurality of layers (shells) on the core particle (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4), and has Zn, S, Se, and Te as constituent elements (see, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS”), and the quantum dot has at least one quantum well structure in a radial direction from a center of the quantum dot (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, along with Example A5 and Table 1 on page 18). Banin further discloses the quantum well structure has a composition of ZnSe/ZnTe/ZnS (i.e., ZnSe/ZnSαSeβTeγ/ZnS (α+β+γ=1, 0≤α≤1, 0≤β≤1, 0<γ≤1)). In particular, Banin discloses the first shell is ZnSαSeβTeγ as claimed wherein α=0, β=0, and γ=1. However, Banin does not explicitly disclose the quantum well structure has a composition of ZnSxSe1-x/ZnSαSeβTeγ/ZnSySe1-y (0<x<1, 0<y<1). However, in analogous art, Adegoke discloses a quantum dot (QD) core having a ternary composition of ZnSSe, i.e., ZnSxSe1-x (0<x<1). See, e.g., Abstract. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a QD core having the ternary composition ZnSSe (i.e., i.e., ZnSxSe1-x (0<x<1)) as taught by Adegoke in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot core). See, e.g., MPEP §2144.07. Additionally, the core of Adegoke is a Cd-free non-toxic, eco-friendly core compatible with ZnTe as a first shell thereover. The core of Adegoke contributes to distinct optical properties of the QD and the use of the core in a fluorescent QD nanocrystal contributes to the desired tunability thereof. See, e.g., Introduction. Also, in analogous art, Tan discloses a quantum dot with an outer shell having a ternary composition of ZnSeS, i.e., ZnSySe1-y (0<y<1). See, e.g., paragraphs [0256]-0259]. Tan further discloses the interchangeability of ZnS, ZnSe and ZSeS as outer shells for quantum dots and their use in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a quantum dot shell having the composition ZnSeS (i.e., ZnSySe1-y (0<y<1)) as taught by Tan as the outer shell in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot outer shell). See, e.g., MPEP §2144.07. Additionally, Tan discloses the use and interchangeability of ZnS, ZnSe and ZSeS as outer shells in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. Note, when so modified in accordance with the teachings of Adegoke and Tan, the quantum well structure of Banin has the composition of ZnSxSe1-x/ZnSαSeβTeγ/ZnSySe1-y (0<x<1, 0<y<1, α+β+γ=1, 0≤α≤1, 0≤β≤1, and 0<γ≤1) as claimed. Banin further discloses that “the overall shape of the core/shell structure is spherical and constitutes a core and one or more shells.” See, e.g., paragraph [0043]. Notably, the “core/shell structure” disclosed by Banin constitutes a quantum dot as claimed. As such, Banin discloses that “the quantum dot has a spherical shape” as claimed. Banin may not explicitly disclose that “the quantum dot has a spherical shape as a whole” as claimed. However, Banin does explicitly disclose that “[t]he optical behavior of the particles can be further modified by controlling their shape.” Paragraph [0003]. Accordingly, Banin recognizes that “shape” is a result effective variable with respect to the optical behavior of quantum dots. Banin also recognizes that rod shaped shell materials present “a significant synthetic challenge.” See, e.g., paragraph [0014]. Additionally, in analogous art, Pickett discloses a quantum dot having a spherical shape as a whole. See, e.g., FIGS. 1-3. Pickett further disclose that a shape of the quantum dot can be varied to include either spherical or rod shapes. See, e.g., paragraphs [0015], [0097] and [0121]. Accordingly, it would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have made the quantum dot of Banin to have a spherical shape as a whole as taught by Pickett according to known methods to yield predictable results, e.g., in order to achieve a particular or suitable optical behavior of the quantum dot for a given application (i.e., insomuch as the shape of the quantum dot is a known result effective variable with respect to the quantum dot’s optical behavior), while avoiding the significant synthetic challenge associated with a rod/shell shape. Banin does not explicitly disclose that: the quantum dot has a coating layer of an organic molecule and the organic molecule is selected from palmitic acid, dimercaptosuccinic acid, oleylamine, octadecylamine and 1-dodecanethiol, or the quantum dot has a coating layer of a polymer and the polymer is selected from polyvinyl alcohol, polyvinylpyrrolidone and polysilsesquioxane, or the quantum dot has a coating layer of an inorganic molecule and the inorganic molecule is selected from titania and gallium oxide. However, in analogous art, Dai discloses a quantum dot having a coating layer of an organic molecule and the organic molecule is oleylamine. See, e.g., Abstract and page 2, columns 1-2. Note, Dai discloses using oleylamine to passivate QDs. See Abstract. Dai further discloses that “organic ligands are commonly used for QD surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability.” Dai, page 2, column 1. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a coating layer of an organic molecule where the organic molecule is oleylamine as taught by Dai on the quantum dot of Banin (i.e., as modified in accordance with the teachings of Adegoke, Tan and Pickett as described above herein) according to known methods to yield predictable results, e.g., in order to aid in colloidal QD synthesis with a coating layer on the QD that provides surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability. See, e.g., Dai, page 2, column 1. Regarding claim 17, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 12 discloses the quantum dot according to claim 12. Banin further discloses a wavelength conversion material (see, e.g., paragraph [0189] – “the device is selected from a light conversion layer”). Regarding claim 18, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 13 discloses the quantum dot according to claim 13. Banin further discloses a wavelength conversion material (see, e.g., paragraph [0189] – “the device is selected from a light conversion layer”). Regarding claim 22, Banin discloses (see generally, e.g., FIGS. 1A-R and “Scheme 1” on page 4): A method for producing a quantum dot comprising a crystalline nanoparticle (see, e.g., Abstract, and paragraphs [0008], [0010] and [0025]), the method comprising, a step of forming a core particle (core) (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, see also, e.g., Example A5 and Table 1 on page 18), a step of forming a plurality of layers (shells) on a surface of the core particle (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, see also, e.g., Example A5 and Table 1 on page 18), wherein the core particle (core) and the plurality of layers (shells) contain Zn, S, Se and Te as constituent elements (see, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS”), and at least one quantum well structure is formed by the core particle (core) and the plurality of layers (shells), or in the plurality of layers (shells) in a radial direction from a center of the quantum dot (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, along with Example A5 and Table 1 on page 18). Banin further discloses the quantum well structure has a composition of ZnSe/ZnTe/ZnS. However, Banin does not explicitly disclose the quantum well structure has a composition of ZnSxSe1-x/ZnTe/ZnSySe1-y (0<x<1, 0<y<1). However, in analogous art, Adegoke discloses a quantum dot (QD) core having a ternary composition of ZnSSe, i.e., ZnSxSe1-x (0<x<1). See, e.g., Abstract. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a QD core having the ternary composition ZnSSe (i.e., i.e., ZnSxSe1-x (0<x<1)) as taught by Adegoke in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot core). See, e.g., MPEP §2144.07. Additionally, the core of Adegoke is a Cd-free non-toxic, eco-friendly core compatible with ZnTe as a first shell thereover. The core of Adegoke contributes to distinct optical properties of the QD and the use of the core in a fluorescent QD nanocrystal contributes to the desired tunability thereof. See, e.g., Introduction. Also, in analogous art, Tan discloses a quantum dot with an outer shell having a ternary composition of ZnSeS, i.e., ZnSySe1-y (0<y<1). See, e.g., paragraphs [0256]-0259]. Tan further discloses the interchangeability of ZnS, ZnSe and ZSeS as outer shells for quantum dots and their use in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a quantum dot shell having the composition ZnSeS (i.e., ZnSySe1-y (0<y<1)) as taught by Tan as the outer shell in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot outer shell). See, e.g., MPEP §2144.07. Additionally, Tan discloses the use and interchangeability of ZnS, ZnSe and ZSeS as outer shells in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. Note, when so modified in accordance with the teachings of Adegoke and Tan, the quantum well structure of Banin has the composition of ZnSxSe1-x/ZnTe/ZnSySe1-y (0<x<1, 0<y<1) as claimed. Banin further discloses that “the overall shape of the core/shell structure is spherical and constitutes a core and one or more shells.” See, e.g., paragraph [0043]. Notably, the “core/shell structure” disclosed by Banin constitutes a quantum dot as claimed. As such, Banin discloses that “the quantum dot has a spherical shape” as claimed. Banin may not explicitly disclose that “the quantum dot has a spherical shape as a whole” as claimed. However, Banin does explicitly disclose that “[t]he optical behavior of the particles can be further modified by controlling their shape.” Paragraph [0003]. Accordingly, Banin recognizes that “shape” is a result effective variable with respect to the optical behavior of quantum dots. Banin also recognizes that rod shaped shell materials present “a significant synthetic challenge.” See, e.g., paragraph [0014]. Additionally, in analogous art, Pickett discloses a quantum dot having a spherical shape as a whole. See, e.g., FIGS. 1-3. Pickett further disclose that a shape of the quantum dot can be varied to include either spherical or rod shapes. See, e.g., paragraphs [0015], [0097] and [0121]. Accordingly, it would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have made the quantum dot of Banin to have a spherical shape as a whole as taught by Pickett according to known methods to yield predictable results, e.g., in order to achieve a particular or suitable optical behavior of the quantum dot for a given application (i.e., insomuch as the shape of the quantum dot is a known result effective variable with respect to the quantum dot’s optical behavior), while avoiding the significant synthetic challenge associated with a rod/shell shape. Banin does not explicitly disclose that the quantum dot has a coating layer selected from palmitic acid, dimercaptosuccinic acid, oleylamine, octadecylamine, 1-dodecanethiol, polyvinyl alcohol, polyvinylpyrrolidone, polysilsesquioxane, titania and gallium oxide. However, in analogous art, Dai discloses a quantum dot having a coating layer that is oleylamine. See, e.g., Abstract and page 2, columns 1-2. Note, Dai discloses using oleylamine to passivate QDs. See Abstract. Dai further discloses that “organic ligands are commonly used for QD surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability.” Dai, page 2, column 1. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a coating layer of oleylamine as taught by Dai on the quantum dot of Banin (i.e., as modified in accordance with the teachings of Adegoke, Tan and Pickett as described above herein) according to known methods to yield predictable results, e.g., in order to aid in colloidal QD synthesis with a coating layer on the QD that provides surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability. See, e.g., Dai, page 2, column 1. Regarding claim 23, Banin discloses (see generally, e.g., FIGS. 1A-R and “Scheme 1” on page 4): A method for producing a quantum dot comprising a crystalline nanoparticle (see, e.g., Abstract, and paragraphs [0008], [0010] and [0025]), the method comprising, a step of forming a core particle (core) (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, see also, e.g., Example A5 and Table 1 on page 18), a step of forming a plurality of layers (shells) on a surface of the core particle (core) (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, see also, e.g., Example A5 and Table 1 on page 18), wherein the core particle (core) and the plurality of layers (shells) contain Zn, S, Se and Te as constituent elements (see, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS”), and at least one quantum well structure is formed by the core particle (core) and the plurality of layers (shells), or in the plurality of layers (shells) in a radial direction from a center of the quantum dot (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, along with Example A5 and Table 1 on page 18). Banin further discloses the quantum well structure has a composition of ZnSe/ZnTe/ZnS (i.e., ZnSe/ZnSαSeβTeγ/ZnS (α+β+γ=1, 0≤α≤1, 0≤β≤1, 0<γ≤1)). In particular, Banin discloses the first shell is ZnSαSeβTeγ as claimed wherein α=0, β=0, and γ=1. However, Banin does not explicitly disclose the quantum well structure has a composition of ZnSxSe1-x/ZnSαSeβTeγ/ZnSySe1-y (0<x<1, 0<y<1). However, in analogous art, Adegoke discloses a quantum dot (QD) core having a ternary composition of ZnSSe, i.e., ZnSxSe1-x (0<x<1). See, e.g., Abstract. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a QD core having the ternary composition ZnSSe (i.e., i.e., ZnSxSe1-x (0<x<1)) as taught by Adegoke in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot core). See, e.g., MPEP §2144.07. Additionally, the core of Adegoke is a Cd-free non-toxic, eco-friendly core compatible with ZnTe as a first shell thereover. The core of Adegoke contributes to distinct optical properties of the QD and the use of the core in a fluorescent QD nanocrystal contributes to the desired tunability thereof. See, e.g., Introduction. Also, in analogous art, Tan discloses a quantum dot with an outer shell having a ternary composition of ZnSeS, i.e., ZnSySe1-y (0<y<1). See, e.g., paragraphs [0256]-0259]. Tan further discloses the interchangeability of ZnS, ZnSe and ZSeS as outer shells for quantum dots and their use in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a quantum dot shell having the composition ZnSeS (i.e., ZnSySe1-y (0<y<1)) as taught by Tan as the outer shell in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot outer shell). See, e.g., MPEP §2144.07. Additionally, Tan discloses the use and interchangeability of ZnS, ZnSe and ZSeS as outer shells in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. Note, when so modified in accordance with the teachings of Adegoke and Tan, the quantum well structure of Banin has the composition of ZnSxSe1-x/ZnSαSeβTeγ/ZnSySe1-y (0<x<1, 0<y<1, α+β+γ=1, 0≤α≤1, 0≤β≤1, and 0<γ≤1) as claimed. Banin further discloses that “the overall shape of the core/shell structure is spherical and constitutes a core and one or more shells.” See, e.g., paragraph [0043]. Notably, the “core/shell structure” disclosed by Banin constitutes a quantum dot as claimed. As such, Banin discloses that “the quantum dot has a spherical shape” as claimed. Banin may not explicitly disclose that “the quantum dot has a spherical shape as a whole” as claimed. However, Banin does explicitly disclose that “[t]he optical behavior of the particles can be further modified by controlling their shape.” Paragraph [0003]. Accordingly, Banin recognizes that “shape” is a result effective variable with respect to the optical behavior of quantum dots. Banin also recognizes that rod shaped shell materials present “a significant synthetic challenge.” See, e.g., paragraph [0014]. Additionally, in analogous art, Pickett discloses a quantum dot having a spherical shape as a whole. See, e.g., FIGS. 1-3. Pickett further disclose that a shape of the quantum dot can be varied to include either spherical or rod shapes. See, e.g., paragraphs [0015], [0097] and [0121]. Accordingly, it would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have made the quantum dot of Banin to have a spherical shape as a whole as taught by Pickett according to known methods to yield predictable results, e.g., in order to achieve a particular or suitable optical behavior of the quantum dot for a given application (i.e., insomuch as the shape of the quantum dot is a known result effective variable with respect to the quantum dot’s optical behavior), while avoiding the significant synthetic challenge associated with a rod/shell shape. Banin does not explicitly disclose that the quantum dot has a coating layer selected from palmitic acid, dimercaptosuccinic acid, oleylamine, octadecylamine, 1-dodecanethiol, polyvinyl alcohol, polyvinylpyrrolidone, polysilsesquioxane, titania and gallium oxide. However, in analogous art, Dai discloses a quantum dot having a coating layer that is oleylamine. See, e.g., Abstract and page 2, columns 1-2. Note, Dai discloses using oleylamine to passivate QDs. See Abstract. Dai further discloses that “organic ligands are commonly used for QD surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability.” Dai, page 2, column 1. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a coating layer of oleylamine as taught by Dai on the quantum dot of Banin (i.e., as modified in accordance with the teachings of Adegoke, Tan and Pickett as described above herein) according to known methods to yield predictable results, e.g., in order to aid in colloidal QD synthesis with a coating layer on the QD that provides surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability. See, e.g., Dai, page 2, column 1. Regarding claim 29, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 12 discloses the quantum dot according to claim 12. Dai further discloses wherein the quantum dot has the coating layer of the organic molecule selected as oleylamine. Regarding claim 30, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 13 discloses the quantum dot according to claim 13. Dai further discloses wherein the quantum dot has the coating layer of the organic molecule selected as oleylamine. Claims 14, 19, 24 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Banin in view of Tan, Pickett and Dai. Regarding claim 14, Banin discloses (see generally, e.g., FIGS. 1A-R and “Scheme 1” on page 4): A quantum dot comprising a crystalline nanoparticle (see, e.g., Abstract, and paragraphs [0008], [0010] and [0025]), wherein the quantum dot has a multi-layer structure comprising a core particle (core) and a plurality of layers (shells) on the core particle (core) (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4), and has Zn, S, Se, and Te as constituent elements (see, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS”), the quantum dot has at least one quantum well structure in a radial direction from a center of the quantum dot (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, along with Example A5 and Table 1 on page 18), and the quantum dot has at a superlattice structure including two or more quantum well structures in the radial direction. Note, Banin discloses a “core/shell(1)/shell(2) …/shell(n)” structure where the number (n) of shells may be as high as 30 and adjacent shells are formed of different materials. See, e.g., paragraphs [0047]-[0051]. Banin discloses the quantum dot wherein the quantum well structure has a composition of ZnSxSe1-x/(ZnSαSeβTeγ/ZnSySe1-y/ZnSαSeβTeγ)n /ZnSzSe1-z (0≤x≤1, 0≤y≤1, 0≤z≤1, α+β+γ=1, 0≤α≤1, 0≤β≤1, 0<γ≤1, n:1 or more of integer). Note, as disclosed by Banin α=0, β=0, γ=1, x=0 and z=1 and x and z are not both 0 and are not both 1. Note, Banin discloses a “core/shell(1)/shell(2) …/shell(n)” structure where the number (n) of shells may be as high as 30 and adjacent shells are formed of different materials. See, e.g., paragraphs [0047]-[0051]. Banin further explicitly discloses a core/shell(1)/shell(2) structure having the composition ZnSe/ZnTe/ZnS. See, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS.” When the ZnSe/ZnTe/ZnS composition disclosed by Banin is extrapolated to include additional shells (i.e., up to 30 shells of alternating materials as taught in paragraphs [0047]-[0051] of Banin), the resulting composition is ZnSe/ZnTe/ZnS/ZnTe/ZnS … /ZnTe/ZnS, which reads on (except for the limitation that y≠z) the claimed composition, e.g., when x as claimed equals 0, y as claimed equals 1, α as claimed equals 0, β as claimed equals 0, γ as claimed equals 1, z as claimed equals 1 and n as claimed is an integer equal to 1 or more. Also note, x and z are not both 0 and are not both 1. Alternatively, Banin discloses a “core/shell(1)/shell(2) …/shell(n)” structure where the number (n) of shells may be as high as 30 and adjacent shells are formed of different materials. See, e.g., paragraphs [0047]-[0051]. Banin further explicitly discloses a core/shell(1)/shell(2) structure having the composition ZnSe/ZnTe/ZnS. See, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS.” Banin may not explicitly disclose that additional shells, e.g., shell(3)/shell(4), have the composition ZnTe/ZnS. However, it would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have reused the same materials for shell(3) and shell(4) of Banin as used, respectively, for shell(1) and shell(2) of Banin, according to known methods to yield predictable results, for example, in order to reuse suitable materials already on hand and eliminate the need for additional different materials, thereby simplifying fabrication and/or manufacturing of the device while achieving desired quantum dot properties. Note, in such a case, the resulting core/shell(1)/shell(2)/shell(3)/shell(4) structure has the composition ZnSe/ZnTe/ZnS/ZnTe/ZnS, which reads on the claimed composition, e.g., when x as claimed equals 0, y as claimed equals 1, α as claimed equals 0, β as claimed equals 0, γ as claimed equals 1, z as claimed equals 1 and n as claimed is 1, except for the limitation y≠z. However, in analogous art, Tan discloses a quantum dot with an outer shell having a ternary composition of ZnSeS, i.e., ZnSzSe1-z (e.g., where z is not equal to 1 or 0). See, e.g., paragraphs [0256]-0259]. Note, Tan distinguishes between ZnS, ZnSe and ZnSeS (see, e.g., paragraph [0176]) and accordingly the reference to ZnSeS is a reference to the ternary composition that includes both S and Se and hence z is not equal to 1 or 0. Tan further discloses the interchangeability of ZnS, ZnSe and ZSeS as outer shells for quantum dots and their use in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a quantum dot shell having the composition ZnSeS (i.e., ZnSzSe1-z (with z being not equal to 1 or 0)) as taught by Tan as the outer shell in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot outer shell). See, e.g., MPEP §2144.07. Additionally, Tan discloses the use and interchangeability of ZnS, ZnSe and ZSeS as outer shells in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. Note, when so modified in accordance with the teachings of Tan, the quantum well structure of Banin has the composition of ZnSxSe1-x/(ZnSαSeβTeγ/ZnSySe1-y/ ZnSαSeβTeγ)n /ZnSzSe1-z (0≤x≤1, 0≤y≤1, 0≤z≤1, α+β+γ=1, 0≤α≤1, 0≤β≤1, 0<γ≤1, n:1 or more of integer, y≠z, and x and z are not both 0 and are not both 1) as claimed. For example, the parameters of Banin in view of Tan are, e.g., as follows, x=0, y=1, α=0, β=0, γ=1, z≠0, z≠1 and n=1. Note, in this case, α+β+γ=1, y≠z and x and z are not both 0 and are not both 1. Accordingly, all the composition limitations of the claim are met. Banin further discloses that “the overall shape of the core/shell structure is spherical and constitutes a core and one or more shells.” See, e.g., paragraph [0043]. Notably, the “core/shell structure” disclosed by Banin constitutes a quantum dot as claimed. As such, Banin discloses that “the quantum dot has a spherical shape” as claimed. Banin may not explicitly disclose that “the quantum dot has a spherical shape as a whole” as claimed. However, Banin does explicitly disclose that “[t]he optical behavior of the particles can be further modified by controlling their shape.” Paragraph [0003]. Accordingly, Banin recognizes that “shape” is a result effective variable with respect to the optical behavior of quantum dots. Banin also recognizes that rod shaped shell materials present “a significant synthetic challenge.” See, e.g., paragraph [0014]. Additionally, in analogous art, Pickett discloses a quantum dot having a spherical shape as a whole. See, e.g., FIGS. 1-3. Pickett further disclose that a shape of the quantum dot can be varied to include either spherical or rod shapes. See, e.g., paragraphs [0015], [0097] and [0121]. Accordingly, it would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have made the quantum dot of Banin to have a spherical shape as a whole as taught by Pickett according to known methods to yield predictable results, e.g., in order to achieve a particular or suitable optical behavior of the quantum dot for a given application (i.e., insomuch as the shape of the quantum dot is a known result effective variable with respect to the quantum dot’s optical behavior), while avoiding the significant synthetic challenge associated with a rod/shell shape. Banin does not explicitly disclose that: the quantum dot has a coating layer of an organic molecule and the organic molecule is selected from palmitic acid, dimercaptosuccinic acid, oleylamine, octadecylamine and 1-dodecanethiol, or the quantum dot has a coating layer of a polymer and the polymer is selected from polyvinyl alcohol, polyvinylpyrrolidone and polysilsesquioxane, or the quantum dot has a coating layer of an inorganic molecule and the inorganic molecule is selected from titania and gallium oxide. However, in analogous art, Dai discloses a quantum dot having a coating layer of an organic molecule and the organic molecule is oleylamine. See, e.g., Abstract and page 2, columns 1-2. Note, Dai discloses using oleylamine to passivate QDs. See Abstract. Dai further discloses that “organic ligands are commonly used for QD surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability.” Dai, page 2, column 1. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a coating layer of an organic molecule where the organic molecule is oleylamine as taught by Dai on the quantum dot of Banin (i.e., as modified in accordance with the teachings of Adegoke, Tan and Pickett as described above herein) according to known methods to yield predictable results, e.g., in order to aid in colloidal QD synthesis with a coating layer on the QD that provides surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability. See, e.g., Dai, page 2, column 1. Regarding claim 19, Banin in view of Tan, Pickett and Dai as applied to claim 14 discloses the quantum dot according to claim 14. Banin further discloses a wavelength conversion material (see, e.g., paragraph [0189] – “the device is selected from a light conversion layer”). Regarding claim 24, Banin discloses (see generally, e.g., FIGS. 1A-R and “Scheme 1” on page 4): A method for producing a quantum dot comprising a crystalline nanoparticle (see, e.g., Abstract, and paragraphs [0008], [0010] and [0025]), the method comprising, a step of forming a core particle (core) (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, see also, e.g., Example A5 and Table 1 on page 18), a step of forming a plurality of layers (shells) on a surface of the core particle (core) (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, see also, e.g., Example A5 and Table 1 on page 18), wherein the core particle (core) and the plurality of layers (shells) contain Zn, S, Se and Te as constituent elements (see, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS”), at least one quantum well structure is formed by the core particle (core) and the plurality of layers (shells), or in the plurality of layers (shells) in a radial direction from a center of the quantum dot (see, e.g., FIGS. 1A-R and “Scheme 1” on page 4, along with Example A5 and Table 1 on page 18), and the quantum dot has at a superlattice structure including two or more quantum well structures in the radial direction. Note, Banin discloses a “core/shell(1)/shell(2) …/shell(n)” structure where the number (n) of shells may be as high as 30 and adjacent shells are formed of different materials. See, e.g., paragraphs [0047]-[0051]. Banin discloses the quantum dot wherein the quantum well structure has a composition of ZnSxSe1-x/(ZnSαSeβTeγ/ZnSySe1-y/ZnSαSeβTeγ)n /ZnSzSe1-z (0≤x≤1, 0≤y≤1, 0≤z≤1, α+β+γ=1, 0≤α≤1, 0≤β≤1, 0<γ≤1, n:1 or more of integer). Note, as disclosed by Banin α=0, β=0, γ=1, x=0 and z=1 and x and z are not both 0 and are not both 1. Note, Banin discloses a “core/shell(1)/shell(2) …/shell(n)” structure where the number (n) of shells may be as high as 30 and adjacent shells are formed of different materials. See, e.g., paragraphs [0047]-[0051]. Banin further explicitly discloses a core/shell(1)/shell(2) structure having the composition ZnSe/ZnTe/ZnS. See, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS.” When the ZnSe/ZnTe/ZnS composition disclosed by Banin is extrapolated to include additional shells (i.e., up to 30 shells of alternating materials as taught in paragraphs [0047]-[0051] of Banin), the resulting composition is ZnSe/ZnTe/ZnS/ZnTe/ZnS … /ZnTe/ZnS, which reads on (except for the limitation that y≠z) the claimed composition, e.g., when x as claimed equals 0, y as claimed equals 1, α as claimed equals 0, β as claimed equals 0, γ as claimed equals 1, z as claimed equals 1 and n as claimed is an integer equal to 1 or more. Also note, x and z are not both 0 and are not both 1. Alternatively, Banin discloses a “core/shell(1)/shell(2) …/shell(n)” structure where the number (n) of shells may be as high as 30 and adjacent shells are formed of different materials. See, e.g., paragraphs [0047]-[0051]. Banin further explicitly discloses a core/shell(1)/shell(2) structure having the composition ZnSe/ZnTe/ZnS. See, e.g., Example A5 and Table 1 on page 18 and in particular see the 9th material listed in Table 1 as “ZnSe/ZnTe/ZnS.” Banin may not explicitly disclose that additional shells, e.g., shell(3)/shell(4), have the composition ZnTe/ZnS. However, it would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have reused the same materials for shell(3) and shell(4) of Banin as used, respectively, for shell(1) and shell(2) of Banin, according to known methods to yield predictable results, for example, in order to reuse suitable materials already on hand and eliminate the need for additional different materials, thereby simplifying fabrication and/or manufacturing of the device while achieving desired quantum dot properties. Note, in such a case, the resulting core/shell(1)/shell(2)/shell(3)/shell(4) structure has the composition ZnSe/ZnTe/ZnS/ZnTe/ZnS, which reads on the claimed composition, e.g., when x as claimed equals 0, y as claimed equals 1, α as claimed equals 0, β as claimed equals 0, γ as claimed equals 1, z as claimed equals 1 and n as claimed is 1, except for the limitation y≠z. However, in analogous art, Tan discloses a quantum dot with an outer shell having a ternary composition of ZnSeS, i.e., ZnSzSe1-z (e.g., where z is not equal to 1 or 0). See, e.g., paragraphs [0256]-0259]. Note, Tan distinguishes between ZnS, ZnSe and ZnSeS (see, e.g., paragraph [0176]) and accordingly the reference to ZnSeS is a reference to the ternary composition that includes both S and Se and hence z is not equal to 1 or 0. Tan further discloses the interchangeability of ZnS, ZnSe and ZSeS as outer shells for quantum dots and their use in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used a quantum dot shell having the composition ZnSeS (i.e., ZnSzSe1-z (with z being not equal to 1 or 0)) as taught by Tan as the outer shell in the quantum dot of Banin according to known methods to yield predictable results, for example, in order to employ a known material based on its suitability for its intended use (i.e., as a quantum dot outer shell). See, e.g., MPEP §2144.07. Additionally, Tan discloses the use and interchangeability of ZnS, ZnSe and ZSeS as outer shells in order to passivate the quantum dot surface, reduce defects, and enhance their luminescence quantum efficiency. See, e.g., paragraph [0176]. Note, when so modified in accordance with the teachings of Tan, the quantum well structure of Banin has the composition of ZnSxSe1-x/(ZnSαSeβTeγ/ZnSySe1-y/ ZnSαSeβTeγ)n /ZnSzSe1-z (0≤x≤1, 0≤y≤1, 0≤z≤1, α+β+γ=1, 0≤α≤1, 0≤β≤1, 0<γ≤1, n:1 or more of integer, y≠z, and x and z are not both 0 and are not both 1) as claimed. For example, the parameters of Banin in view of Tan are, e.g., as follows, x=0, y=1, α=0, β=0, γ=1, z≠0, z≠1 and n=1. Note, in this case, α+β+γ=1, y≠z and x and z are not both 0 and are not both 1. Accordingly, all the composition limitations of the claim are met. Banin further discloses that “the overall shape of the core/shell structure is spherical and constitutes a core and one or more shells.” See, e.g., paragraph [0043]. Notably, the “core/shell structure” disclosed by Banin constitutes a quantum dot as claimed. As such, Banin discloses that “the quantum dot has a spherical shape” as claimed. Banin may not explicitly disclose that “the quantum dot has a spherical shape as a whole” as claimed. However, Banin does explicitly disclose that “[t]he optical behavior of the particles can be further modified by controlling their shape.” Paragraph [0003]. Accordingly, Banin recognizes that “shape” is a result effective variable with respect to the optical behavior of quantum dots. Banin also recognizes that rod shaped shell materials present “a significant synthetic challenge.” See, e.g., paragraph [0014]. Additionally, in analogous art, Pickett discloses a quantum dot having a spherical shape as a whole. See, e.g., FIGS. 1-3. Pickett further disclose that a shape of the quantum dot can be varied to include either spherical or rod shapes. See, e.g., paragraphs [0015], [0097] and [0121]. Accordingly, it would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have made the quantum dot of Banin to have a spherical shape as a whole as taught by Pickett according to known methods to yield predictable results, e.g., in order to achieve a particular or suitable optical behavior of the quantum dot for a given application (i.e., insomuch as the shape of the quantum dot is a known result effective variable with respect to the quantum dot’s optical behavior), while avoiding the significant synthetic challenge associated with a rod/shell shape. Banin does not explicitly disclose that the quantum dot has a coating layer selected from palmitic acid, dimercaptosuccinic acid, oleylamine, octadecylamine, 1-dodecanethiol, polyvinyl alcohol, polyvinylpyrrolidone, polysilsesquioxane, titania and gallium oxide. However, in analogous art, Dai discloses a quantum dot having a coating layer that is oleylamine. See, e.g., Abstract and page 2, columns 1-2. Note, Dai discloses using oleylamine to passivate QDs. See Abstract. Dai further discloses that “organic ligands are commonly used for QD surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability.” Dai, page 2, column 1. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a coating layer of oleylamine as taught by Dai on the quantum dot of Banin (i.e., as modified in accordance with the teachings of Adegoke, Tan and Pickett as described above herein) according to known methods to yield predictable results, e.g., in order to aid in colloidal QD synthesis with a coating layer on the QD that provides surface passivation, which can modify the QD surface defects, prevent them from aggregating together, and improve their stability. See, e.g., Dai, page 2, column 1. Regarding claim 31, Banin in view of Tan, Pickett and Dai as applied to claim 14 discloses the quantum dot according to claim 14. Dai further discloses wherein the quantum dot has the coating layer of the organic molecule selected as oleylamine. Claims 20-21, 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20100103648 A1) in view of Banin in view of Adegoke, Tan, Pickett and Dai as applied to claims 17 and 18, respectively. Regarding claim 20, Kim discloses (see, e.g., FIGS. 1-3): a backlight unit (300) comprising a wavelength conversion material (430) containing quantum dots (435, 500). Kim does not explicitly disclose that the wavelength conversion material is the wavelength conversion material according to claim 17. However, in analogous art, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 17 discloses the wavelength conversion material according to claim 17. See detailed treatment of claim 17 above herein. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used the wavelength conversion material according to claim 17 as taught by Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 17 as the wavelength conversion material in the device of Kim according to known methods to yield predictable results, for example, in order to employ a known material for its intended purpose and which is “suitable for use in a variety of electronic and optical devices” (Banin, Abstract) and where the quantum dots of the material have “higher quantum efficiency” (Banin, paragraph [0026]). Regarding claim 21, Kim further discloses an image display device (1000) including the backlight unit (300) according to claim 20. Regarding claim 25, Kim discloses (see, e.g., FIGS. 1-3): a backlight unit (300) comprising a wavelength conversion material (430) containing quantum dots (435, 500). Kim does not explicitly disclose that the wavelength conversion material is the wavelength conversion material according to claim 18. However, in analogous art, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 18 discloses the wavelength conversion material according to claim 18. See detailed treatment of claim 18 above herein. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used the wavelength conversion material according to claim 18 as taught by Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 18 as the wavelength conversion material in the device of Kim according to known methods to yield predictable results, for example, in order to employ a known material for its intended purpose and which is “suitable for use in a variety of electronic and optical devices” (Banin, Abstract) and where the quantum dots of the material have “higher quantum efficiency” (Banin, paragraph [0026]). Regarding claim 27, Kim further discloses an image display device (1000) including the backlight unit (300) according to claim 25. Claims 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20100103648 A1) in view of Banin in view of Tan, Pickett and Dai as applied to claim 19. Regarding claim 26, Kim discloses (see, e.g., FIGS. 1-3): a backlight unit (300) comprising a wavelength conversion material (430) containing quantum dots (435, 500). Kim does not explicitly disclose that the wavelength conversion material is the wavelength conversion material according to claim 19. However, in analogous art, Banin in view of Tan, Pickett and Dai as applied to claim 19 discloses the wavelength conversion material according to claim 19. See detailed treatment of claim 19 above herein. It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used the wavelength conversion material according to claim 19 as taught by Banin in view of Tan, Pickett and Dai as applied to claim 19 as the wavelength conversion material in the device of Kim according to known methods to yield predictable results, for example, in order to employ a known material for its intended purpose and which is “suitable for use in a variety of electronic and optical devices” (Banin, Abstract) and where the quantum dots of the material have “higher quantum efficiency” (Banin, paragraph [0026]). Regarding claim 28, Kim further discloses an image display device (1000) including the backlight unit (300) according to claim 26. Claims 32 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Banin in view of Adegoke, Tan, Pickett and Dai as applied, respectively, to claims 12 and 13 above, and further in view of Nick (US 20120256141 A1). Regarding claim 32, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 12 discloses the quantum dot according to claim 12. Banin in view of Adegoke, Tan, Pickett and Dai does not explicitly disclose wherein the quantum dot has the coating layer of the polymer selected from polyvinyl alcohol, polyvinylpyrrolidone and polysilsesquioxane. However, in analogous art, Nick discloses a quantum dot having a coating layer of a polymer and the polymer is polyvinyl alcohol (see, e.g., Abstract and paragraphs [0011], [0013] and [0046]). It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used polyvinyl alcohol as taught by Nick for the coating layer on the quantum dot of Banin in view of Adegoke, Tan, Pickett and Dai (e.g., in place or instead of the oleylamine coating layer disclosed by Dai) according to known methods to yield predictable results, for example, as a matter of simple substitution of one known quantum dot coating material for another. See, e.g., MPEP §2143(I)(B). Indeed, it is found that: (1) the prior art (see, e.g., Banin (i.e., in view of Adegoke, Tan, Pickett and Dai) and Nick) contained a device (i.e., a quantum dot) which differed from the claimed device by the substitution of some component with another component, namely, the substitution of one coating layer material with another coating layer material; (2) the substituted components, i.e., the coating layer materials and their functions as quantum dot coatings used to passivate, stabilize and/or protect the quantum dot were known in the art; and (3) one of ordinary skill in the art could have substituted one known material for another, and the results of the substitution would have been predictable. Regarding claim 33, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 13 discloses the quantum dot according to claim 13. Banin in view of Adegoke, Tan, Pickett and Dai does not explicitly disclose wherein the quantum dot has the coating layer of the polymer selected from polyvinyl alcohol, polyvinylpyrrolidone and polysilsesquioxane. However, in analogous art, Nick discloses a quantum dot having a coating layer of a polymer and the polymer is polyvinyl alcohol (see, e.g., Abstract and paragraphs [0011], [0013] and [0046]). It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used polyvinyl alcohol as taught by Nick for the coating layer on the quantum dot of Banin in view of Adegoke, Tan, Pickett and Dai (e.g., in place or instead of the oleylamine coating layer disclosed by Dai) according to known methods to yield predictable results, for example, as a matter of simple substitution of one known quantum dot coating material for another. See, e.g., MPEP §2143(I)(B). Indeed, it is found that: (1) the prior art (see, e.g., Banin (i.e., in view of Adegoke, Tan, Pickett and Dai) and Nick) contained a device (i.e., a quantum dot) which differed from the claimed device by the substitution of some component with another component, namely, the substitution of one coating layer material with another coating layer material; (2) the substituted components, i.e., the coating layer materials and their functions as quantum dot coatings used to passivate, stabilize and/or protect the quantum dot were known in the art; and (3) one of ordinary skill in the art could have substituted one known material for another, and the results of the substitution would have been predictable. Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Banin in view of Tan, Pickett and Dai as applied to claim 14 above, and further in view of Nick. Regarding claim 34, Banin in view of Tan, Pickett and Dai as applied to claim 14 discloses the quantum dot according to claim 14. Banin in view of Tan, Pickett and Dai does not explicitly disclose wherein the quantum dot has the coating layer of the polymer selected from polyvinyl alcohol, polyvinylpyrrolidone and polysilsesquioxane. However, in analogous art, Nick discloses a quantum dot having a coating layer of a polymer and the polymer is polyvinyl alcohol (see, e.g., Abstract and paragraphs [0011], [0013] and [0046]). It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used polyvinyl alcohol as taught by Nick for the coating layer on the quantum dot of Banin in view of Tan, Pickett and Dai (e.g., in place or instead of the oleylamine coating layer disclosed by Dai) according to known methods to yield predictable results, for example, as a matter of simple substitution of one known quantum dot coating material for another. See, e.g., MPEP §2143(I)(B). Indeed, it is found that: (1) the prior art (see, e.g., Banin (i.e., in view of Tan, Pickett and Dai) and Nick) contained a device (i.e., a quantum dot) which differed from the claimed device by the substitution of some component with another component, namely, the substitution of one coating layer material with another coating layer material; (2) the substituted components, i.e., the coating layer materials and their functions as quantum dot coatings used to passivate, stabilize and/or protect the quantum dot were known in the art; and (3) one of ordinary skill in the art could have substituted one known material for another, and the results of the substitution would have been predictable. Claims 35 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Banin in view of Adegoke, Tan, Pickett and Dai as applied, respectively, to claims 12 and 13 above, and further in view of Kortshagen (US 20060051505 A1). Regarding claim 35, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 12 discloses the quantum dot according to claim 12. Banin in view of Adegoke, Tan, Pickett and Dai does not explicitly disclose wherein the quantum dot has the coating layer of the inorganic molecule selected from titania and gallium oxide. However, in analogous art, Kortshagen discloses a quantum dot (i.e., semiconductor nanoparticle) having a coating layer (i.e., passivation layer) of an inorganic molecule and the inorganic molecule is titania (i.e., titanium dioxide) (see, e.g., paragraph [0068]). It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used titania as taught by Kortshagen for the coating layer on the quantum dot of Banin in view of Adegoke, Tan, Pickett and Dai (e.g., in place or instead of the oleylamine coating layer disclosed by Dai) according to known methods to yield predictable results, for example, as a matter of simple substitution of one known quantum dot coating material for another. See, e.g., MPEP §2143(I)(B). Indeed, it is found that: (1) the prior art (see, e.g., Banin (i.e., in view of Adegoke, Tan, Pickett and Dai) and Kortshagen) contained a device (i.e., a quantum dot) which differed from the claimed device by the substitution of some component with another component, namely, the substitution of one coating layer material with another coating layer material; (2) the substituted components, i.e., the coating layer materials and their functions as quantum dot coatings used to passivate, stabilize and/or protect the quantum dot were known in the art; and (3) one of ordinary skill in the art could have substituted one known material for another, and the results of the substitution would have been predictable. Regarding claim 36, Banin in view of Adegoke, Tan, Pickett and Dai as applied to claim 13 discloses the quantum dot according to claim 13. Banin in view of Adegoke, Tan, Pickett and Dai does not explicitly disclose wherein the quantum dot has the coating layer of the inorganic molecule selected from titania and gallium oxide. However, in analogous art, Kortshagen discloses a quantum dot (i.e., semiconductor nanoparticle) having a coating layer (i.e., passivation layer) of an inorganic molecule and the inorganic molecule is titania (i.e., titanium dioxide) (see, e.g., paragraph [0068]). It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used titania as taught by Kortshagen for the coating layer on the quantum dot of Banin in view of Adegoke, Tan, Pickett and Dai (e.g., in place or instead of the oleylamine coating layer disclosed by Dai) according to known methods to yield predictable results, for example, as a matter of simple substitution of one known quantum dot coating material for another. See, e.g., MPEP §2143(I)(B). Indeed, it is found that: (1) the prior art (see, e.g., Banin (i.e., in view of Adegoke, Tan, Pickett and Dai) and Kortshagen) contained a device (i.e., a quantum dot) which differed from the claimed device by the substitution of some component with another component, namely, the substitution of one coating layer material with another coating layer material; (2) the substituted components, i.e., the coating layer materials and their functions as quantum dot coatings used to passivate, stabilize and/or protect the quantum dot were known in the art; and (3) one of ordinary skill in the art could have substituted one known material for another, and the results of the substitution would have been predictable. Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Banin in view of Tan, Pickett and Dai as applied to claim 14 above, and further in view of Kortshagen. Regarding claim 37, Banin in view of Tan, Pickett and Dai as applied to claim 14 discloses the quantum dot according to claim 14. Banin n view of Tan, Pickett and Dai does not explicitly disclose wherein the quantum dot has the coating layer of the inorganic molecule selected from titania and gallium oxide. However, in analogous art, Kortshagen discloses a quantum dot (i.e., semiconductor nanoparticle) having a coating layer (i.e., passivation layer) of an inorganic molecule and the inorganic molecule is titania (i.e., titanium dioxide) (see, e.g., paragraph [0068]). It would have been obvious to and within the capabilities of one of ordinary skill in the art before the effective filing date of the claimed invention to have used titania as taught by Kortshagen for the coating layer on the quantum dot of Banin in view of Tan, Pickett and Dai (e.g., in place or instead of the oleylamine coating layer disclosed by Dai) according to known methods to yield predictable results, for example, as a matter of simple substitution of one known quantum dot coating material for another. See, e.g., MPEP §2143(I)(B). Indeed, it is found that: (1) the prior art (see, e.g., Banin (i.e., in view of Tan, Pickett and Dai) and Kortshagen) contained a device (i.e., a quantum dot) which differed from the claimed device by the substitution of some component with another component, namely, the substitution of one coating layer material with another coating layer material; (2) the substituted components, i.e., the coating layer materials and their functions as quantum dot coatings used to passivate, stabilize and/or protect the quantum dot were known in the art; and (3) one of ordinary skill in the art could have substituted one known material for another, and the results of the substitution would have been predictable. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN P CORNELY whose telephone number is (571)272-4172. The examiner can normally be reached Monday - Thursday 8:30 AM - 4:00 PM. 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, Davienne Monbleau can be reached at (571) 272-1945. 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. JOHN P. CORNELY Examiner Art Unit 2812 /J.P.C./Examiner, Art Unit 2812 /DAVIENNE N MONBLEAU/Supervisory Patent Examiner, Art Unit 2812
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Prosecution Timeline

May 26, 2022
Application Filed
Sep 05, 2024
Non-Final Rejection — §103
Dec 09, 2024
Response Filed
Feb 07, 2025
Final Rejection — §103
May 12, 2025
Request for Continued Examination
May 13, 2025
Response after Non-Final Action
May 21, 2025
Non-Final Rejection — §103
Sep 02, 2025
Response Filed
Sep 25, 2025
Final Rejection — §103
Dec 29, 2025
Response after Non-Final Action
Jan 30, 2026
Request for Continued Examination
Feb 10, 2026
Response after Non-Final Action
Feb 25, 2026
Non-Final Rejection — §103 (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

5-6
Expected OA Rounds
73%
Grant Probability
92%
With Interview (+19.0%)
3y 5m
Median Time to Grant
High
PTA Risk
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