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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is 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.
Claim 14 teaches the particle forming mixture comprises an alkyl phosphine compound. It is unclear when this compound is added during the claimed process of claim 9.
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.
Claim 20 is 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.
Claim 20 is directed to a microLED device comprising the multilayered semiconductor particle of claim 15. Since the device does not further limit or define the particles, themselves; claim 20 is improperly dependent upon claim 15. It is noted that a microLED device comprising the multilayered semiconductor particle of claim 15 is different from and is an invention that is distinct from the multilayered semiconductor particles, themselves.
Applicant may cancel the claim, rewrite the claim in independent form, or present a sufficient showing that the dependent claim 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.
Claims 1, 6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 111218284.
This reference teaches a process for producing ZnSeTe(core)/ZnSeS(inner shell layer)/ZnS(outer shell layer) quantum dots, which are multilayered semiconductor particles. The process of examples 1 and 3 is combining a first zinc containing compound and a selenium containing compound and reacting in 5 seconds so as to form a ZnSe mixture, adding a Te containing compound to the ZnSe mixture so as to form ZnSeTe particles in a ZnSeTe mixture, forming a ZnSeS first shell layer on the ZnSeTe particles and then forming a ZnS second shell layer on the first shell layer. The taught step of combining and reacting is 5 seconds means that the first zinc containing compound and a selenium containing compound must have been combined in less than 5 second. The taught zinc containing compounds, selenium containing compounds, solvent and ligands in the taught ZnSe mixture and the ZnSe mixture itself do not include water. Thus one of ordinary skill in the art would expect the taught ZnSe mixture to be free of water, absent any showing to the contrary. The examples of the reference teach the claimed process.
Claims 15, 16, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. patent application publication 2019/0276737.
This reference teaches, in table 2, ZnSeTe/ZnSe/ZnS quantum dots wherein the primary peak of the light emission spectrum is less than 455 nm and have a full-width half maximum wavelength value of less than 40 nm. It is clear that the taught ZnSeTe cores are sulfur free. The ZnSeTe/ZnSe/ZnS quantum dots of example 4 has an average article size of about 7.8 nm, which falls within the size range of claim 18. The examples teach the claimed multilayered semiconductor particles.
Claims 15, 16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. patent application publication 2019/0390109 or 20210047563.
Both of these references teach ZnSeTe/ZnSe/ZnS quantum dots having a primary peak of the light emission spectrum that has a full-width half maximum wavelength value of less than 40 nm. The examples in both of these references teach quantum dots wherein the primary peak of the light emission spectrum is less than 455 nm. It is clear that the taught ZnSeTe cores are sulfur free. Both reference teach microLED devices comprising the taught quantum dots. The references teach the claimed multilayered semiconductor particles.
Claims 15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. patent application publication 2021/0348055.
This reference teaches ZnSeTe/ZnSe/ZnS quantum dots having a primary peak of the light emission spectrum that has a full-width half maximum wavelength value of less than 40 nm. It is clear that the taught ZnSeTe cores are sulfur free. Figures 9 and 10 show the given spectrum for the quantum dots and it is clear from these figures that that the emission intensity of the primary peak meets the requirements of claim 17. Paragraph [0084] teaches the taught quantum dots preferably have an average size of 3-10 nm, which falls within the range of claim 18. The reference teaches using the taught dots n a liquid crystal display, which is a microLED device. The reference teaches the claimed particles.
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, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over CN 111218284.
This reference teaches a process for producing ZnSeTe/ZnSeS/ZnS quantum dots, which are multilayered semiconductor particles. The taught process is to combining a first zinc containing compound and a selenium containing compound and reacting in 1-30 seconds so as to form a ZnSe mixture, adding a Te containing compound to the ZnSe mixture so as to form ZnSeTe particles in a ZnSeTe mixture, forming a ZnSeS first shell layer on the ZnSeTe particles and then forming a ZnS second shell layer on the first shell layer. The taught step of combining and reacting is 1-30 seconds means that the first zinc containing compound and a selenium containing compound must have been combined in times of less than 1 second to less than 30second. This time range overlaps the combining time range of claim 1. 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 taught zinc containing compounds, selenium containing compounds, solvent and ligands in the taught ZnSe mixture and the ZnSe mixture itself do not include water. Thus one of ordinary skill in the art would expect the taught ZnSe mixture to be free of water, absent any showing to the contrary. The reference suggests the claimed process.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application publication 2019/0276737.
As discussed above, this reference teaches the multilayered semiconductor particles of claim 15. The reference teaches the particles can be used in liquid crystals display devices (para 102), which are known microLED devices. Thus the reference suggests the subject matter of claim 20.
Allowable Subject Matter
Claims 9-13 are allowed.
Claim 14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 2-5 and 7 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
There is no teaching or suggestion in the cited art of record of the process of claims 9-14 or claim 4, wherein a particle forming mixture of tellurium containing compound, zinc containing compound and selenium containing compound are stirred at about 1500 RPM or greater during the formation of the ZnSeTe particles. The art does not teach the claimed step of stirring at about 1500 RPM or greater.
There is no teaching or suggestion in the cited art of record of producing a multilayered semiconductor particles by the process of claim 1 where the particles have a ZnSeTe core and two shells wherein inner or first shell comprises ZnSe.
There is no teaching or suggestion in the cited art of record of producing a multilayered semiconductor particles by combining a zinc-containing compound and a selenium containing compound to form a ZnSe mixture, wherein the compounds are combined in 5 second or less; adding a tellurium containing compound to the ZnSe to the ZnSe mixture to form at least one ZnSeTe particle in a ZnSeTe mixture, forming a first shell on the ZnSeTe particles and then forming a second shell on the first shell, wherein the tellurium containing compound is added to the ZnSe mixture in 5 seconds or less or the tellurium compound is added to the ZnSe mixture in an atmosphere comprising 1 mol% of oxygen or less.
There is no teaching or suggestion in the cited art of record of producing a multilayered semiconductor particles by combining a zinc-containing compound and a selenium containing compound to form a ZnSe mixture, wherein the compounds are combined in 5 second or less; adding a tellurium containing compound to the ZnSe to the ZnSe mixture and increasing the temperature of the resulting ZnSeTe mixture at a rate of 10oC/min or greater to form at least one ZnSeTe particle in the ZnSeTe mixture, forming a first shell on the ZnSeTe particles and then forming a second shell on the first shell.
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
9/5/25