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 .
RESPONSE TO AMENDMENT
Claims 1-20 are pending in the application, claims 13 and 17 are withdrawn from consideration.
Amendments to the specification and the claims 1-3, 5-8, 10-17, and 19, filed on 21 October 2025, have been entered in the above-identified application.
Supplemental amendments to the claims 10, 19, and 20, filed on 13 January 2026, have been entered in the above-identified application.
Answers to Applicants' Arguments
Applicants' arguments in the responses filed 21 October 2025 and 13 January 2026, regarding the objections made of record, have been fully considered and are deemed persuasive. The objections have been withdrawn in view of the applicants' arguments and amendments to the specification and the claims.
Applicants' arguments in the responses filed 21 October 2025 and 13 January 2026, regarding the 35 U.S.C. §112, §102, and §103 rejections made of record, have been fully considered and are deemed persuasive. The rejections have been withdrawn in view of the applicants' arguments and amendments to the claims
New and Repeated Rejections
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Specification
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code. (See [Pg. 22: li. 22-23] of the filed specification.) Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
Claim Objections
Claims 6 and 8 are objected to because of the following informalities:
With Regards to Claim 6: Claim 6 recites --X1 is a non-substituted or substituted alkyl group, aryl group or an alkoxy group or an ester group; X2 is a non-substituted or substituted alkyl group, aryl group or an alkoxy group or an ester group-- in lines 6 to 9, which appears to be a typographical error; it is recommended to correct this to read "X1 is a non-substituted or substituted alkyl group, aryl group, [[or]] an alkoxy group, or an ester group; X2 is a non-substituted or substituted alkyl group, aryl group, [[or]] an alkoxy group, or an ester group".
With Regards to Claim 6: Claim 6 recites --carbon atoms or a-- in line 16, which appears to be a typographical error; it is recommended to correct this to read "carbon atoms, or a".
With Regards to Claim 6: Claim 6 recites --carbon atoms or a-- in line 19, which appears to be a typographical error; it is recommended to correct this to read "carbon atoms, or a".
With Regards to Claim 6: Claim 6 recites --carbon atoms or a-- in line 22, which appears to be a typographical error; it is recommended to correct this to read "carbon atoms, or a".
With Regards to Claim 8: Claim 8 recites --aryl group or an alkoxy group-- in line 6, which appears to be a typographical error; it is recommended to correct this to read "aryl group, or an alkoxy group".
With Regards to Claim 8: Claim 8 recites --carbon atoms or a-- in line 11, which appears to be a typographical error; it is recommended to correct this to read "carbon atoms, or a".
With Regards to Claim 8: Claim 8 recites --carbon atoms or a-- in line 14, which appears to be a typographical error; it is recommended to correct this to read "carbon atoms, or a".
With Regards to Claim 8: Claim 8 recites --carbon atoms or a-- in line 17, which appears to be a typographical error; it is recommended to correct this to read "carbon atoms, or a".
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 12, 14-16, and 18-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With Regards to Claims 12, 14, 16, and 18-20: Instant claim 12 recites --a composition comprising a polymer derived or derivable from the (meth)acrylate monomers-- in lines 1 to 2. The instant specification gives a very broad definition as to what would constitute a polymer derived or derivable from the (meth)acrylate monomer (i.e., a polyacrylate) (see [Pg. 6: li. 20-22] of the filed specification). As such, a person having ordinary skill in the art at the time the invention was made would not be adequately apprised as to the intended scope of the claimed invention. Therefore, the claim is deemed to be indefinite for failing to particularly point out the subject matter of the invention.
Claims 14, 16, and 18-20, which depend upon claim 12, are rejected for the same reasons presented above.
With Regards to Claims 12, 14, 16, and 18-20: Instant claim 12 recites --a composition comprising a polymer derived or derivable from the (meth)acrylate monomers-- in lines 1 to 2. Claim 1, from which claim 12 depends recites --a (meth)acrylate monomer-- in line 2. In the instant case, claim 1 only provides support for a single (meth)acrylate monomer, and not a plurality of (meth)acrylate monomers. As such, the claim is rendered indefinite because a person having ordinary skill in the art at the time the invention was made would not be adequately apprised as to the intended scope of the claimed invention (i.e., there is insufficient antecedent basis for the "(meth)acrylate monomers" limitation in the claim). For the purposes of examination, the limitation will be treated to read "a composition comprising a polymer derived or derivable from the (meth)acrylate monomer
Claims 14, 16, and 18-20, which depend upon claim 12, are rejected for the same reasons presented above.
With Regards to Claims 12, 14, 16, and 18-20: Claim 12 recites --a composition comprising a polymer derived or derivable from the (meth)acrylate monomers of claim 1-- in lines 1 to 2. The claim is deemed to be indefinite because it can have two conflicting interpretations: (1) claim 12 is defining a new a new composition without the light emitting moiety and/or the chemical compound; or (2) that claim 12 intended to modify the composition of claim 1 to comprise a polymer derived from the (meth)acrylate monomer of claim 1. For the purposes of examination, the latter interpretation will be applied.
Claims 14, 16, and 18-20, which depend upon claim 12, are rejected for the same reasons presented above.
With Regards to Claim 15: Instant claim 15 recites processes or reaction steps using the phrase "obtained or obtainable from" rather than "obtained by". This renders the claim indefinite as to the scope required by using the phrase "obtained or obtainable from" rather than "obtained by". The Federal Circuit has addressed this specific difference in claim wording as "ambiguous language" which is the epitome of indefiniteness. Abbott Laboratories v. Sandoz, Inc., 566 F. 3d 1282, 1295-1296 (Fed. Cir. 2009) (en banc).
With Regards to Claim 15: Instant claim 15 recites --a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomers-- in lines 2 to 3. The instant specification gives a very broad definition as to what would constitute a (meth)acrylate polymer (i.e., a polyacrylate) (see [Pg. 6: li. 20-22] of the filed specification). As such, a person having ordinary skill in the art at the time the invention was made would not be adequately apprised as to the intended scope of the claimed invention. Therefore, the claim is deemed to be indefinite for failing to particularly point out the subject matter of the invention.
With Regards to Claim 15: Instant claim 15 recites --a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomers-- in lines 2 to 3. Claim 1, from which claim 15 depends recites --a (meth)acrylate monomer-- in line 2. In the instant case, claim 1 only provides support for a single (meth)acrylate monomer, and not a plurality of (meth)acrylate monomers. As such, the claim is rendered indefinite because a person having ordinary skill in the art at the time the invention was made would not be adequately apprised as to the intended scope of the claimed invention (i.e., there is insufficient antecedent basis for the "(meth)acrylate monomers" limitation in the claim). For the purposes of examination, the limitation will be treated to read "a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomer".
With Regards to Claim 15: Instant claim 15 recites --A layer containing at least: I) a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomers in the composition of claim 1; II) a light emitting moiety; and III) a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group-- in lines 1 to 6. In the instant case, the limitation does not further limit the entirety of claim 1, but only a portion of the claim from which it depends, wherein other features of the claim are not considered to be carried over and is therefore of improper dependent form. However, in view of the invention as a whole, it is considered by the examiner that the limitation of claim 15 was intended to be a layer comprising the composition of claim 1. Therefore, for the purposes of examination, the limitation will be treated to read as "A layer containing
With Regards to Claim 18: Instant claim 18 recites processes or reaction steps using the phrase "obtained or obtainable from" rather than "obtained by". This renders the claim indefinite as to the scope required by using the phrase "obtained or obtainable from" rather than "obtained by". The Federal Circuit has addressed this specific difference in claim wording as "ambiguous language" which is the epitome of indefiniteness. Abbott Laboratories v. Sandoz, Inc., 566 F. 3d 1282, 1295-1296 (Fed. Cir. 2009) (en banc).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 12, 14, 15, 16, and 18-20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
With Regards to Claims 12, 14, 16, and 18-20: Claim 12 recites --a composition comprising a polymer derived or derivable from the (meth)acrylate monomers of claim 1-- in lines 1 to 2. Claim 1, from which claim 12 depends, recites --a composition comprising at least: i) a (meth)acrylate monomer; ii) a light emitting moiety; and iii) a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group-- in lines 1 to 5. As written, it appears that claim 12 defines a new composition without the light emitting moiety and/or the chemical compound. As such, the claim is deemed to be of improper dependent form for failing to include all the limitations of the claim upon which it depends.
Claims 14, 16, and 18-20, which depend upon claim 12, are rejected for the same reasons presented above.
With Regards to Claim 15: Instant claim 15 recites --a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomers in the composition of claim 1-- in lines 2 to 3. However, claim 1, from which claim 15 depends, recites --a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety; and a chemical compound-- in lines 1 to 4. In the instant case, claim 15 only further limits the (meth)acrylate monomer, but does not include the light emitting moiety and the chemical compound. As such, claim 15 is deemed to be of improper dependent form for failing to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 14-16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pschenitzka et al. (US 2018/0102449 A1).
Regarding Claim 1: Pschenitzka teaches a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety (e.g., quantum dots [QD]); and a chemical compound comprising at least one group selected from the group consisting of carboxyl group (e.g., 2-carboxyethyl acrylate [2CEA]) ([0039], [0059], and [0125]-[0129] of Pschenitzka).
Regarding Claim 2: Pschenitzka teaches that said chemical compound further comprises at least one straight-chain or branched alkoxyl group having carbon atoms 1 to 45 (e.g., 2CEA) ([0127] of Pschenitzka).
Regarding Claim 3: Pschenitzka teaches that said chemical compound is represented by chemical formula (XA) [Z-Y], wherein Z is Rx1, Rx1 is a group selected from carboxyl group; and Y is a straight-chain or branched alkoxyl group having carbon atoms 1 to 45 (e.g., 2CEA) ([0127] of Pschenitzka).
Regarding Claim 4: Pschenitzka discloses that the ratio of the total weight of the chemical compound to the total weight of the light emitting moiety can be 1:5 to 10:5 ([0113] and [0114] of Pschenitzka); which overlaps the claimed range of --0.6:40 to 1:3--. Pschenitzka differs from the claims by failing to disclose an anticipatory example or a range that is sufficiently specific to anticipate the claimed range. However, it has been held that overlapping ranges are sufficient to establish prima facie obviousness. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Pschenitzka, because overlapping ranges have been held to establish prima facie obviousness. See MPEP §2144.05.
Regarding Claim 5: Pschenitzka teaches said (meth)acrylate monomer is represented by chemical formula (II), wherein X3 is a non-substituted or substituted alkyl group, aryl group, or an alkoxy group; and R5 is a hydrogen atom, halogen atom of Cl, Br, or F, methyl group, alkyl group, aryl group, alkoxy group, ester group, or a carboxylic acid group ([0106] of Pschenitzka).
Regarding Claim 6: Pschenitzka teaches the composition further comprising a (meth)acrylate monomer represented by chemical formula (I), wherein X1 is a non-substituted or substituted alkyl group, aryl group or an alkoxy group or an ester group; X2 is a non-substituted or substituted alkyl group, aryl group or an alkoxy group or an ester group; R1 is a hydrogen atom, halogen atom of Cl, Br, or F, methyl group, alkyl group, aryl group, alkoxy group, ester group, or a carboxylic acid group; R2 is a hydrogen atom, halogen atom of Cl, Br, or F, methyl group, alkyl group, aryl group, alkoxy group, ester group, or a carboxylic acid group (e.g., 1,3-butylene glycol diacrylate) ([0100], [0105], [0106], and [0126] of Pschenitzka).
Regarding Claim 7: Pschenitzka teaches that the monomer can be 1,6-hexanediol diacrylate ([0126] of Pschenitzka). It has been evidenced by other non-patent literature that 1,6-hexanediol diacrylate can have a boiling point of 250°C or more. NPL-1 discloses that 1,6-hexanediol diacrylate has a boiling point of 295°C. Therefore, as evidenced by NPL-1, the 1,6-hexanediol diacrylate of Pschenitzka has a boiling point of 295 °C; which anticipates the claimed range of --250°C or more--. See MPEP §2131.03(I).
Regarding Claim 9: Pschenitzka teaches that the viscosity of the composition is about 30 cP at room temperature ([0102] of Pschenitzka); which anticipates the claimed range of --35 cP or less--. See MPEP §2131.03(I).
Regarding Claim 12: Pschenitzka teaches a composition comprising a polymer derived or derivable from the (meth)acrylate monomers of the composition ([0100] of Pschenitzka).
Regarding Claim 14: Pschenitzka teaches a layer containing the composition ([0100] of Pschenitzka).
Regarding Claim 15: Pschenitzka teaches a layer containing at least: a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomer; the light emitting moiety (e.g., quantum dots [QD]); and the chemical compound comprising at least one group selected from the group consisting of carboxyl group (e.g., 2-carboxyethyl acrylate [2CEA]) ([0039], [0059], [0100], and [0125]-[0129] of Pschenitzka).
Regarding Claim 16: Pschenitzka teaches that the layer thickness of the layer can be 2 µm or more ([0126] of Pschenitzka); which is sufficiently specific to anticipate the claimed range of --1 to 50 µm--. See MPEP §2131.03(II).
Regarding Claim 18: Pschenitzka teaches a layer on a substrate ([0100] of Pschenitzka).
Claims 1-3, 5, 12, 14, 15, and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kishimoto et al. (US 2020/0157419 A1) (referred to herein as "Kishimoto'419").
Regarding Claim 1: Kishimoto'419 teaches a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety (e.g., semiconducting light emitting nanoparticle); and a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group ([0013] and [0018] of Kishimoto'419).
Regarding Claim 2: Kishimoto'419 teaches that said chemical compound further comprises at least one straight-chain or branched alkyl group having carbon atoms 1 to 45, straight-chain or branched alkenyl group having carbon atoms 1 to 45, or straight-chain or branched alkoxyl group having carbon atoms 1 to 45 ([0025] of Kishimoto'419).
Regarding Claim 3: Kishimoto'419 discloses that the chemical compound is represented by the chemical formula (XA) [Y-Z], wherein Z is *-Rx1 or *-CH(-CH2Rx2)-CH2-Rx1, where "*" represents the connecting point to symbol Y of the formula, Rx1 is a group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group; Rx2 is a group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group; and Y is a straight-chain or branched alkyl group having carbon atoms 1 to 45, straight-chain or branched alkenyl group having carbon atoms 1 to 45, or straight-chain or branched alkoxyl group having carbon atoms 1 to 45 ([0025] of Kishimoto'419).
Regarding Claim 5: Kishimoto'419 teaches that said (meth)acrylate monomer is represented by following chemical formula (II); wherein X3 is a non-substituted or substituted alkyl group, aryl group, or an alkoxy group; and R5 is a hydrogen atom, halogen atom of Cl, Br, or F, methyl group, alkyl group, aryl group, alkoxy group, ester group, or a carboxylic acid group ([0013] and [0018] of Kishimoto'419).
Regarding Claim 12: Kishimoto'419 teaches a composition comprising a polymer derived or derivable from the (meth)acrylate monomers of the composition ([0085]-[0105] of Kishimoto'419).
Regarding Claim 14: Kishimoto'419 teaches a layer containing the composition ([0085]-[0105] of Kishimoto'419).
Regarding Claim 15: Kishimoto'419 teaches a layer containing at least: a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomer; monomer; a light emitting moiety (e.g., semiconducting light emitting nanoparticle); and a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group ([0013], [0018], and [0085]-[0105] of Kishimoto'419).
Regarding Claim 18: Kishimoto'419 teaches a layer on a substrate containing the composition ([0085]-[0105] of Kishimoto'419).
Claims 1-3, 5-12, 14, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mansei et al. (US 2020/0017762 A1) as evidenced by Non-Patent Literature No. 2 ("Trimethylolpropane triacrylate") (referred to herein as "NPL-2").
Regarding Claim 1: Mansei teaches a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety (e.g., quantum dot phosphor); and a chemical compound comprising at least one group selected from the group consisting of thiol group ([0012], [0013], [0050], [0060], [0061], [0078]-[0103] of Mansei).
Regarding Claim 2: Mansei teaches that said chemical compound further comprises at least one straight-chain or branched alkyl group having carbon atoms 1 to 45, straight-chain or branched alkenyl group having carbon atoms 1 to 45, or straight-chain or branched alkoxyl group having carbon atoms 1 to 45 ([0093] and [0094] Mansei).
Regarding Claim 3: Mansei discloses that the chemical compound is represented by the chemical formula (XA) [Y-Z], wherein Z is *-Rx1, where "*" represents the connecting point to symbol Y of the formula, Rx1 is a group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group; and Y is a straight-chain or branched alkyl group having carbon atoms 1 to 45, straight-chain or branched alkenyl group having carbon atoms 1 to 45, or straight-chain or branched alkoxyl group having carbon atoms 1 to 45 ([0093] and [0094] Mansei).
Regarding Claim 5: Mansei teaches that said (meth)acrylate monomer is represented by following chemical formula (II); wherein X3 is a non-substituted or substituted alkyl group, aryl group, or an alkoxy group; and R5 is a hydrogen atom, methyl group, alkyl group, aryl group, alkoxy group, or a ester group ([0030], [0031], and [0060]-[0062] of Mansei).
Regarding Claim 6: Mansei teaches that the composition further comprises a (meth)acrylate monomer represented by chemical formula (I) and/or a (meth)acrylate monomer represented by chemical formula (III), wherein X1 is a non-substituted or substituted alkyl group, aryl group or an alkoxy group or an ester group; X2 is a non-substituted or substituted alkyl group, aryl group or an alkoxy group or an ester group; R1 is a methyl group, alkyl group, aryl group, alkoxy group, or a ester group; R2 is a methyl group, alkyl group, aryl group, alkoxy group, or a ester group; wherein R8 is CH3; wherein R9 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms, or a (meth)acryl group represented by chemical formula (IV); R10 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms, or a (meth)acryl group represented by chemical formula (V); R11 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms, or a (meth)acryl group represented by chemical formula (VI); wherein R8a, R8b, and R8c are, each independently or dependently of each other at each occurrence, CH3; and wherein at least one of R9, R10 and R11 are the (meth)acryl group represented by chemical formula (IV), the (meth)acryl group represented by chemical formula (V), and the (meth)acryl group represented by chemical formula (VI), respectively ([0061]-[0064] of Mansei).
Regarding Claim 7: Mansei teaches that the (meth)acrylate monomer can be trimethylolpropane tri(meth)acrylate ([0061] and [0063] of Mansei), but does not disclose --the boiling point (B.P.) of said (meth)acrylate monomer is 250°C or more--. However, it has been evidenced by NPL-2 that trimethylolpropane triacrylate has a boiling point of 390 °C (see NPL-2). Therefore, in view of the NPL-2, the trimethylolpropane tri(meth)acrylate of Mansei anticipates the B.P. of 250 or more. See MPEP §2131.03(I).
Regarding Claim 8: Mansei teaches a composition comprising at least a (meth)acrylate monomer represented by chemical formula (II); a (meth)acrylate monomer represented by chemical formula (III); and a light emitting moiety (e.g., quantum dot phosphor); wherein X3 is a non-substituted or substituted alkyl group, aryl group, or an alkoxy group; and R5 is a hydrogen atom, methyl group, alkyl group, aryl group, alkoxy group, or a ester group; wherein R8 is CH3; wherein R9 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms, or a (meth)acryl group represented by chemical formula (IV); R10 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms, or a (meth)acryl group represented by chemical formula (V); R11 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms, or a (meth)acryl group represented by chemical formula (VI); wherein R8a, R8b, and R8c are, each independently or dependently of each other at each occurrence, CH3; and wherein at least one of R9, R10 and R11 are the (meth)acryl group represented by chemical formula (IV), the (meth)acryl group represented by chemical formula (V), and the (meth)acryl group represented by chemical formula (VI), respectively ([0012], [0013], [0030], [0031], [0050], [0060]-[0064], and [0078]-[0103] of Mansei).
Regarding Claim 9: Mansei teaches the claimed composition, but does not explicitly recite that --the viscosity of the composition is 35 cP or less at room temperature--. However, Mansei uses the same material as the applicants (i.e., a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety; and a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group; see ([0012], [0013], [0030], [0031], [0050], [0060]-[0064], and [0078]-[0103]) of Mansei and ([Pg. 3: li. 9-19], [Pg. 15: li. 14-25], [Pg. 18: li. 30 to Pg. 22: li. 8], [Pg. 22: li. 29-31], [Pg. 25: li. 9-25], [Pg. 28: li. 26-28], [Pg. 31: li. 20-21], and [Pg. 43: li. 5-12], and [Pg. 45: li. 30 to Pg. 50: li. 13]) of the filed specification). Therefore, it is the decision of the examiner that the composition of Mansei inherently possesses a viscosity of 35 cP or less at room temperature. See MPEP §2112.
Regarding Claim 10: Mansei teaches the claimed composition, but does not explicitly recite that --the composition is configured to show the EQE value 23% or more and less than 95%--. However, Mansei uses the same material as the applicants (i.e., a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety; and a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group; see ([0012], [0013], [0030], [0031], [0050], [0060]-[0064], and [0078]-[0103]) of Mansei and ([Pg. 3: li. 9-19], [Pg. 15: li. 14-25], [Pg. 18: li. 30 to Pg. 22: li. 8], [Pg. 31: li. 20-21], and [Pg. 43: li. 5-12], and [Pg. 45: li. 30 to Pg. 50: li. 13]) of the filed specification). Therefore, it is the decision of the examiner that the composition of Mansei inherently possesses a capacity to be configured to show the EQE value of 23% or more and less than 95%. See MPEP §2112.
Regarding Claim 11: Mansei teaches that the composition comprises a solvent ("liquid medium") in an amount of 1% to 10% by mass based on a total amount of the composition ([0104]-[0107] of Mansei); which is sufficiently specific to anticipate the claimed range of --10wt% or less and greater than 0wt%--. See MPEP §2131.03(II).
Regarding Claim 12: Mansei teaches a composition comprising a polymer derived or derivable from the (meth)acrylate monomers of the composition ([0113]-[0115] of Mansei).
Regarding Claim 14: Mansei teaches a layer containing the composition ([0113]-[0115] of Mansei).
Regarding Claim 15: Mansei teaches a layer containing at least: a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomer; monomer; a light emitting moiety (e.g., quantum dot phosphor); and a chemical compound comprising at least one group selected from the group consisting of thiol group ([0012], [0013], [0050], [0060], [0061], [0078]-[0103], and [0113]-[0115] of Mansei).
Regarding Claim 18: Mansei teaches a layer on a substrate containing the composition ([0113]-[0115] of Mansei).
Claims 1, 10, 12, 14, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu et al. (US 2019/0218453 A1).
Regarding Claim 1: Qiu teaches a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety (e.g., quantum dot); and a chemical compound comprising at least one group selected from the group consisting of thiol group ([0089]-[0091] of Qiu).
Regarding Claim 10: Qiu teaches that the composition is configured to show the EQE vale of 90.6 to 94.5 (Table 2 of Qiu); which anticipates the claimed range of --23% or more and less than 95%--. See MPEP §2131.03(I).
Regarding Claim 12: Qiu teaches a composition comprising a polymer derived or derivable from the (meth)acrylate monomer of the composition ([0090, [0156], and [0167] of Qiu).
Regarding Claim 14: Qiu teaches a layer containing the composition ([0167]-[0169] of Qiu).
Regarding Claim 15: Qiu teaches a layer containing at least: a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomer; monomer; a light emitting moiety (e.g., quantum dot); and a chemical compound comprising at least one group selected from the group consisting of thiol group ([0089]-[0091], [0156], [0167]-[0169] of Qiu).
Regarding Claim 18: Qiu teaches a layer comprising the composition on a substrate ([0166] of Qiu).
Claims 1, 2, 5-10, 12, 14, 15, and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kishimoto et al. (US 2022/0204797 A1) (referred to herein as "Kishimoto'797").
Regarding Claim 1: Kishimoto'797 teaches a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety (e.g., semiconducting light emitting nanoparticle); and a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group ([0076]-[0102], [0113], [0159], and [0187]-[0193] of Kishimoto'797).
Regarding Claim 2: Kishimoto'797 teaches that said chemical compound further comprises at least one straight-chain or branched alkyl group having carbon atoms 1 to 45, straight-chain or branched alkenyl group having carbon atoms 1 to 45, or straight-chain or branched alkoxyl group having carbon atoms 1 to 45 ([0113] of Kishimoto'797).
Regarding Claim 5: Kishimoto'797 teaches that said (meth)acrylate monomer is represented by following chemical formula (II); wherein X3 is a non-substituted alkyl group; and R5 is a ester group ([0076]-[0102], [0159], and [0187]-[0193] of Kishimoto'797).
Regarding Claim 6: Kishimoto'797 teaches the composition further comprising a (meth)acrylate monomer represented by chemical formula (III); wherein R8 is H or CH3; wherein R9 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms or a (meth)acryl group represented by chemical formula (IV); R10 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms or a (meth)acryl group represented by chemical formula (V); R11 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms or a (meth)acryl group represented by chemical formula (VI); wherein R8a, R8b, and R8c are, each independently or dependently of each other at each occurrence, H or CH3; and wherein at least one of R9, R10 and R11 are the (meth)acryl group represented by chemical formula (IV), the (meth)acryl group represented by chemical formula (V), and the (meth)acryl group represented by chemical formula (VI), respectively ([0159] and [0187]-[0193] of Kishimoto'797).
Regarding Claim 7: Kishimoto'797 teaches that the boiling point (B.P.) of said (meth)acrylate monomer is from 250°C to 350°C ([0067] and [0068] of Kishimoto'797); which is sufficiently specific to anticipate the claimed range of --250°C or more--. See MPEP §2131.03(II).
Regarding Claim 8: Kishimoto'797 teaches a composition comprising at least: a (meth)acrylate monomer represented by chemical formula (II); a (meth)acrylate monomer represented by chemical formular (III); and a light emitting moiety (e.g., semiconducting light emitting nanoparticle); wherein X3 is a non-substituted alkyl group; and R5 is a ester group; wherein R8 is H or CH3; wherein R9 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms or a (meth)acryl group represented by chemical formula (IV); R10 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms or a (meth)acryl group represented by chemical formula (V); R11 is hydrogen atom, a straight alkyl group having 1 to 25 carbon atoms or a (meth)acryl group represented by chemical formula (VI); wherein R8a, R8b, and R8c are, each independently or dependently of each other at each occurrence, H or CH3; and wherein at least one of R9, R10 and R11 are the (meth)acryl group represented by chemical formula (IV), the (meth)acryl group represented by chemical formula (V), and the (meth)acryl group represented by chemical formula (VI), respectively ([0076]-[0102], [0159], and [0187]-[0193] of Kishimoto'797).
Regarding Claim 9: Kishimoto'797 teaches the claimed composition, but does not explicitly recite that --the viscosity of the composition is 35 cP or less at room temperature--. However, Kishimoto'797 uses the same material as the applicants (i.e., a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety; and a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group; see ([0065], [0066], [0076]-[0102], [0124]-[0153], [0159], [0187]-[0196], [0320], and [0334]) of Kishimoto'797 and ([Pg. 3: li. 9-19], [Pg. 15: li. 14-25], [Pg. 18: li. 30 to Pg. 22: li. 8], [Pg. 31: li. 20-21], and [Pg. 43: li. 5-12], and [Pg. 45: li. 30 to Pg. 50: li. 13]) of the filed specification). Therefore, it is the decision of the examiner that the composition of Kishimoto'797 inherently possesses a viscosity of 35 cP or less at room temperature. See MPEP §2112.
Regarding Claim 10: Kishimoto'797 teaches the claimed composition, but does not explicitly recite that --the composition is configured to show the EQE value 23% or more and less than 95%--. However, Kishimoto'797 uses the same material as the applicants (i.e., a composition comprising at least: a (meth)acrylate monomer; a light emitting moiety; and a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group; see ([0065], [0066], [0076]-[0102], [0124]-[0153], [0159], [0187]-[0196], [0320], and [0334]) of Kishimoto'797 and ([Pg. 3: li. 9-19], [Pg. 15: li. 14-25], [Pg. 18: li. 30 to Pg. 22: li. 8], [Pg. 31: li. 20-21], and [Pg. 43: li. 5-12], and [Pg. 45: li. 30 to Pg. 50: li. 13]) of the filed specification). Therefore, it is the decision of the examiner that the composition of Kishimoto'797 inherently possesses a capacity to be configured to show the EQE value of 23% or more and less than 95%. See MPEP §2112.
Regarding Claim 12: Kishimoto'797 teaches a composition comprising a polymer derived or derivable from the (meth)acrylate monomers of the composition ([0076]-[0105] of Kishimoto'797).
Regarding Claim 14: Kishimoto'797 teaches a layer containing the composition ([0085]-[0105] of Kishimoto'797).
Regarding Claim 15: Kishimoto'797 teaches a layer containing at least: a (meth)acrylate polymer obtained or obtainable from the (meth)acrylate monomer; monomer; a light emitting moiety (e.g., semiconducting light emitting nanoparticle); and a chemical compound comprising at least one group selected from the group consisting of phosphate group, phosphonate group, thiol group, and carboxyl group ([0076]-[0102], [0159], and [0187]-[0193] of Kishimoto'797).
Regarding Claim 18: Kishimoto'797 teaches a layer on a substrate containing the composition ([0076]-[0105] of Kishimoto'797).
Claim Rejections - 35 USC § 103
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Mansei et al. (US 2020/0017762 A1) as applied to claims 1, 12, and 14 above.
Mansei is relied upon as described above.
Regarding Claim 16: Mansei discloses that the layer can have a thickness of from 50 µm to 200 µm ([0112]-[0115] of Mansei); which overlaps the presently claimed range --1 to 50 µm--. Mansei differs from the claims by failing to disclose an anticipatory example or a range that is sufficiently specific to anticipate the claimed range. However, it has been held that overlapping ranges are sufficient to establish prima facie obviousness. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Mansei, because overlapping ranges have been held to establish prima facie obviousness. See MPEP §2144.05.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kishimoto et al. (US 2022/0204797 A1) (referred to herein as "Kishimoto'797") as applied to claim 1, 12, and 14 above, and further in view of Kiguchi (JP 2000-187111 A).
Kishimoto'797 is relied upon as stated above.
Regarding Claim 19: Kishimoto'797 discloses --a color conversion device comprising at least a 1st pixel partially or fully filled with the layer comprising at least a matrix material containing a light emitting moiety, and a bank ([0201]-[0216] of Kishimoto'797), but fails to disclose --a bank comprising at least a polymer material--.
Kiguchi discloses a color filter substrate, suitable for inkjet printing, comprising an ink-colored film (colored layer) with an opening surrounded by banks formed on the substrate, wherein the banks have a laminated structure of a metal film and a photosensitive organic thin film (e.g., a polyimide film, an acrylic resin film, a polyhydroxystyrene film, a novolac resin film, a polyvinyl alcohol film, or a cardo resin film) ([0005], [0006], [0008], and [0042] of Kiguchi).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the color filter substrate of Kiguchi with the color conversion device disclosed by Kishimoto'797 in order to have --a bank comprising at least a polymer material--. One of ordinary skill in the art would have been motivated to have incorporated the color filter substrate of Kiguchi with the color conversion device disclosed by Kishimoto'797, from the stand-point of making the banks ink-repellent and the substrate ink-hydrophilic so as to keep the ink droplets from overflowing beyond the bank into adjacent pixels ([0004] and [0006] of Kiguchi).
Regarding Claim 20: Kishimoto'797 in view of Kiguchi discloses an optical device containing at least one functional medium configured to modulate light or configured to emit light, and the color conversion device ([0212]-[0216] of Kishimoto'797; [0033] of Kiguchi).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Donald M. Flores, Jr. whose telephone number is (571) 270-1466. The examiner can normally be reached 7:30 to 17:00 M-F; Alternate Fridays off.
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/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781
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