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 .
DETAILED ACTION
Applicant’s election without traverse of a compound L-47 of claim 3 and a monomer M-15 of claim 9 in the reply filed on November 21, 2025 is acknowledged.
The elected species (L-47) is found allowable and thus the examiner further elects a compound L-1 of claim 3 falling within scope of Formula (1) of claim 1 for further examination.
Insertion of an information regarding Korean Foreign Priority document at beginning of the specification is suggested.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Liberman et al. ((US 2021/0163817 A1) in view of WO 2006/123731 A1 (Nov. 23, 2006), Chae et al. (US 2019/0025696 A1) and Machine translated JP 4702508 B2 (June 15, 2011).
Liberman et al. teach a semiconducting light emitting nanoparticle comprising a polymeric layer in abstract. Liberman et al. teach that organic nanoparticle has core and one or more shell layers and organic ligands attached to the outermost surface of the shell layer in [0037-0040].
Liberman et al. teach that organic ligands have a general formula (1) of U-V-W in [0048]. Liberman et al. teach that a group U includes a thiol group in [0050] meeting an HS of an elected compound L-1 of claim 3. Liberman et al. teach that a group V includes a straight-chain alkylene group having 1 to 20 C atoms such as n-hexylene in [0053-0054] meeting an alkylene group of an elected compound L-1 of claim 3. Liberman et al. teach that a group W includes a carbamate (urethane) group in [0051].
Further, Liberman et al. teach that the organic ligands A, B and C can be identical in [0107-0108], [0112] and [0170-0171].
The instant invention (i.e., elected compound L-1) further recites the urethane group comprising a phenyl over the carbamate (urethane) group taught by Liberman et al.
WO teaches that urethane is produced by the reaction of alcohol and isocyanate in lines 26-27 of page 15.
Chae et al. teach the urethane group obtained by mercaptan-alkanol including 6-mercapto-1-hexanol and monoisocyanate in [0041-0044].
Regarding the instant urethane group comprising a phenyl, isocyanates forming the urethane group can be monoisocyanate or polyisocyanate. Choosing the monocyanate would have been at least obvious since the court held that very limited choice is anticipation. See In re Arkley, 455 F2d 586, 172 USPQ 524 (CCPA 1972); In re Petering, 301 F2d 676, 133 USPQ 275 (CCPA 1962). MPEP 2131.
Machine translated JP teaches phenyl isocyanate in line 3 of [0010].
Thus, it would have been obvious to one skilled in the art before the effective filing date of invention to utilize the HS as the group U, n-hexanol as the group V and phenyl isocyanate as the group W for the general formula (1) of Liberman et al. since Liberman et al. teach a compound comprising the thiol, n-hexylene (e.g. n-hexanol) and carbamate (urethane) since WO teaches that urethane is produced by the reaction of alcohol and isocyanate and since Chae et al. teach the urethane group obtained by mercaptan-alkanol including 6-mercapto-1-hexanol and monoisocyanate and since the phenyl isocyanate taught by JP is one of well-known monoisocyanate absent showing otherwise.
See In re Mills, 477 F.2d 649, 176 USPQ 196 (CCPA), In re Lamberti, 545 F.2d 747, 750 (CCPA 1976): Reference must be considered for all that it discloses and must not be limited to preferred embodiments or working examples. MPEP 2123.
Selection of a known material based on its suitability for its intended use is prima facie obvious, see Sinclair & Carroll Co. v. Interchemical Corp., 325 US 327, 65 USPQ 297 (1945). MPEP 2144.07.
The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. KSR Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007). MPEP 2141.
Regarding claim 2, the above discussed U-V-W taught by Liberman et al. would fall within scope of Formula 2-1 of claim 2.
Regarding claim 3, the above discussed U-V-W taught by Liberman et al. would make claim 3 obvious.
Regarding claim 4, Liberman et al. teach a quantum size of 1 nm to 30 nm in [0086].
Regarding claims 14 and 15, Liberman et al. teach an optical film and LED in [0159] and [0161], respectively. A thickness of the optical film would include nanometers and microns in the art and thus the recited thickness of claim 14 would have been obvious. Changes in size are not inventive. In re Rose, 220 F.2d 459, 463, 105 USPQ 237 (CCPA 1955), Gardner v. TEC Systems, Inc. 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. Denied, 469 U.S. 830, 225 USPQ 232 (1984). MPEP 2144.04.
Regarding claims 16 and 17, Liberman et al. teach various optical display device in [0160-0161] which would be expected to have a control unit for controlling the various optical display device.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Liberman et al. ((US 2021/0163817 A1) in view of WO 2006/123731 A1 (Nov. 23, 2006), Chae et al. (US 2019/0025696 A1) and Machine translated JP 4702508 B2 (June 15, 2011) as applied to claims 1-4 and 14-17 above, and further in view of Hartlove et al. (US 2017/0162756 A1).
Regarding claim 14, Hartlove et al. teach optical films having a thickness of less than 75 µm in [0194].
Thus, it would have been obvious to one skilled in the art before the effective filing date of invention further to obtain an optical film having a thickness of less than 75 µm taught by Hartlove et al. in Liberman et al., WO, Chae et al. and JP thereof since Liberman et al. teach the optical film and since the optical film is known to have micro-sized thickness as taught by Hartlove et al. absent showing otherwise.
CLAIM ALLOWANCE
Method claims 5 and 6 and a photosensitive resin composition further comprising (B) a photocrosslinkable monomer of claims 7-13 are allowed since Liberman et al. fail to teach the instantly recited sequential method and further utilization of the photocrosslinkable monomer.
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/TAE H YOON/ Primary Examiner, Art Unit 1762