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
This action is in response to applicants’ amendment of 29 December 2025. The amendment to the specification has overcome the objection to the disclosure. The terminal disclaimer filed on 29 December 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patents 11,549,058 and 11,634,629 has been reviewed and is accepted. The terminal disclaimer has been recorded. In view of the accepted terminal disclaimer, the obviousness-type double patenting rejections over these patents. The amendment to claims 1 and 14 have overcome the art rejections over claims 2, 5, 6, 9-11, 14 and 15. The amendment to claim 19 has overcome the 35 USC 112(a) rejection with respect to the presence of “or region”. The amendment to claim 5 has overcome the previous objection to the claim. Applicant's arguments with respect to the 35 USC 112(a) rejection over claims 18, 20 and 21, the remaining 35 USC 112(a) rejection over claim 19 and the art rejection over claims 12, 13, 18 and 19 have been fully considered but they are not persuasive.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Information Disclosure Statement
CN 106957652, cited in the information disclosure statement of 25 September 2025, has been considered with respect to the discussion of this reference in the provide office action from the Chinese Patent Office.
Claim Objections
The amendment to claim 5 filed on 29 December 2025 does not comply with the requirements of 37 CFR 1.121(c) because the identifier is incorrect and the markings indicating the amendment to the claim are missing. Amendments to the claims filed on or after July 30, 2003 must comply with 37 CFR 1.121(c) which states:
(c) Claims. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Each amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented, including the text of all pending and withdrawn claims, in the application. The claim listing, including the text of the claims, in the amendment document will serve to replace all prior versions of the claims, in the application. In the claim listing, the status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered).
(1) Claim listing. All of the claims presented in a claim listing shall be presented in ascending numerical order. Consecutive claims having the same status of “canceled” or “not entered” may be aggregated into one statement (e.g., Claims 1–5 (canceled)). The claim listing shall commence on a separate sheet of the amendment document and the sheet(s) that contain the text of any part of the claims shall not contain any other part of the amendment.
(2) When claim text with markings is required. All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of “currently amended,” and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. Only claims having the status of “currently amended,” or “withdrawn” if also being amended, shall include markings. If a withdrawn claim is currently amended, its status in the claim listing may be identified as “withdrawn—currently amended.”
(3) When claim text in clean version is required. The text of all pending claims not being currently amended shall be presented in the claim listing in clean version, i.e., without any markings in the presentation of text. The presentation of a clean version of any claim having the status of “original,” “withdrawn” or “previously presented” will constitute an assertion that it has not been changed relative to the immediate prior version, except to omit markings that may have been present in the immediate prior version of the claims of the status of “withdrawn” or “previously presented.” Any claim added by amendment must be indicated with the status of “new” and presented in clean version, i.e., without any underlining.
(4) When claim text shall not be presented; canceling a claim.
(i) No claim text shall be presented for any claim in the claim listing with the status of “canceled” or “not entered.”
(ii) Cancellation of a claim shall be effected by an instruction to cancel a particular claim number. Identifying the status of a claim in the claim listing as “canceled” will constitute an instruction to cancel the claim.
(5) Reinstatement of previously canceled claim. A claim which was previously canceled may be reinstated only by adding the claim as a “new” claim with a new claim number.
Claim Rejections - 35 USC § 112
Claims 18-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
These claims were added in the preliminary amendment of 16 May 2023, which is after the original filing date of 9 January 2023.
Claim 18 teaches a display device comprising a backlight and at least pixel region comprising at least one color conversion layer located to convert light from the backlight to light for output from the display device. The claimed device reads on any display device comprising a backlight and at least pixel region comprising at least one color conversion layer located anywhere in the device as long as it is located to convert light from the backlight to light for output from the display device. Paragraphs [0187]-[0192] teaches a display device comprising a backlight and a color filter comprising at least one pixel region comprising at least color conversion layer, wherein the color conversion layers in each pixel region convert light from the backlight to light for output from the display device. Thus claim 18, and dependent claims 19-21, include display devices not taught in the originally filed disclosure and thus contains new matter.
Response to Arguments
The amendment to claim 18 adding the limitation “at least one pixel region comprising the at least one color conversion layer” did not overcome the rejection. Paragraphs [0187]-[0189] explicitly teach that the pixel region is in the color filter of the disclosed display device. The claimed display device does not include the taught color filter. The rejection is maintained.
Claim Rejections - 35 USC § 103
Claims 12, 13, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application publication 2018/0148638.
This reference teaches a quantum dot composition comprising quantum dots that can have a nanocrystal core and a shell, wherein the quantum dot has at least one metal compound ligand bound to the shell. The reference teaches the metal compound ligand can be a combination of a metal carboxylate ligand and a metal halide ligand, such as zinc chloride, indium chloride, or aluminum chloride (para 22-23). The reference teaches a film comprising the taught quantum dots in a polymer matrix, which is an organic resin (para 108-114). This film suggests that of claims 12 and 13.
Paragraphs [0408]-[0422] and [0432] teach a layered structure of a pattern of the taught quantum dots where a first section, or region, emits red light, a second section, or region, emits green light and a third section that can emit blue light; and to use this layered structure as the color conversion layer of a liquid crystal display that further comprises a backlight. These paragraphs teach the light emitted from the backlight is converted into the taught red and green light. Thus the reference suggests the display device of claims 18 and 19.
Response to Arguments
Applicants’ argument with respect to this rejection have been considered but are not convincing. This is because the argued limitation taught in original claim 4, the full width at half maximum range (FWHM) is not in rejected claims 12, 13, 18 and 19. The rejections are maintained.
Allowable Subject Matter
Claims 2, 3, 6-11 and 14-17 are allowed.
Claim 5 would be allowable if rewritten or amended to overcome the objection, set forth in this Office action.
There is no teaching or suggestion in the cited art of record of a composition comprising a population of nanostructures which exhibits a photoluminescent spectrum with a FWHM of between 30 nm ± 10% and 45 nm ± 10% (27-49.5 nm), wherein each nanostructure comprises a nanocrystal core, a shell, a metal halide bound to the shell and a metal carboxylate bound to the shell. In addition, there is no teaching or suggestion in the cited art of record of a light emitting diode comprising a first conductive layer, a second conductive layer and an emissive layer between the first and second conductive layers, wherein the emissive layer comprises the above composition comprising a population of nanostructures.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
2/12/26