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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: 14L and 14U in figures 6 and 8.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. patent application publication 2019/0129302.
The preparation examples in this reference teach quantum dots dispersed in propylene glycol monomethyl ether acetate wherein the quantum dots have a ligand of formula 1-1, 1-2, or 1-3. These ligands include a thiol group and both an ether group and an ether group and fall within formula (1) of claim 2. The taught dispersions anticipate the claimed dispersion.
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 7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application publication 2019/0129302.
This reference teaches a quantum dot dispersion comprising a solvent, quantum dots and a ligand having chemical formula 2, which includes a thiol group and ether group. The solvent can be propylene glycol monomethyl ether acetate (para 30). The quantum dot can be cadmium free InP/ZnSe/ZnS (para 100) and have an average particle size of 1-15 nm (para 101), which overlaps the size range of claim 7. Product claims with numerical ranges which overlap prior art ranges were held to have been obvious under 35 USC 103. In re Wertheim 191 USPQ 90 (CCPA 1976); In re Malagari 182 USPQ 549 (CCPA 1974); In re Fields 134 USPQ 242 (CCPA 1962); In re Nehrenberg 126 USPQ 383 (CCPA 1960). Also see MPEP 2144.05. The reference teaches the ligand having chemical formula 2 can be R1-(CH2CH2)m-C(O)O-(CH2)q-SH, where q is 1-20, m is 1-5 and R1 can be a C1-20 alkyl. This formula encompasses and suggests claimed formulas (1), (2) and (3). The reference suggests the claimed dispersion.
Claims 1 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/224459.
This reference teaches a formulation, or dispersing, of semiconductor light emitting nanoparticles, or quantum dots, and ligands in a solvent. The solvent can be propylene glycol monomethyl ether acetate. The taught ligand comprises a thiol group and a ether group. Page 18, lines 24-28 teaches the weight percentage range of ligand to quantum dots of 1-80 wt%. This range corresponds to a weight ratio of ligand to quantum dots about 0.01-2 times, which is the range of claim 5. The taught quantum dots have a preferred size of 1-50 nm and can be quantum dots that are cadmium free and comprise Zn and Se. The examples teach a formulation where the concentration of quantum dots in propylene glycol monomethyl ether acetate is 100 mg/mL, which falls within the range of claim 6.
The reference teaches an electroluminescent device where quantum dot light-emitting layer is composed of the taught formulation (pg. 8 and 32). While the reference does not teach how the electroluminescent device is produced, one of ordinary skill in the art would have found it obvious to form the taught quantum dot light-emitting layer by the conventional method of applying the formulation. This obvious process is that of claim 8. The reference suggests the claimed dispersion and process for making an electroluminescent device.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/224459 as applied to claim 8 above, and further in view of WO 2019/022217 and WO 2019/074083.
U.S. patent application publications 2020/0211256 and 2020/0347296 are the national stage applications for WO 2019/022217 and WO 2019/074083, respectfully. Thus these two U.S. publications are the English translations for WO 2019/022217 and WO 2019/074083.
As discussed above, WO 2018/224459 suggests producing an electroluminescent device by applying the taught formulation which suggests the dispersion of claim 1 of this application to form the taught quantum dot light-emitting layer. The taught quantum dot can be ZnSe or ZnTe, as taught on page 21 of WO 2018/224459. WO 2018/224459 does not tach how the quantum dots are produced, which suggests that any known can be utilized. WO 2019/022217 and WO 2019/074083 teaches an safe method for producing cadmium free ZnSe or ZnTe quantum dots, as compared to other known methods for producing these quantum dots. The taught process is to produce a copper selenide or telluride by heating at 140-250oC a mixture of an organic selenium or tellurium compound and either an organic or inorganic copper compound and then to metal exchanging the copper of copper selenide or telluride with zinc by heating at 150-300oC. One of ordinary skill in the art would have found it obvious to use the safe method taught in WO 2019/022217 and WO 2019/074083 to produce the ZnSe or ZnTe quantum dots of WO 2018/224459. The resulting process is that of claims 9-11 of this application.
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.
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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
8/29/25