Election/Restrictions
Applicant’s election of Group I, claims 1-10 and Species A to quantum dots in the reply filed on 1 June 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Since the elected quantum dot containing thin film is the same as in the display panel of Group III, the combination and subcombination of the display panel and the elected quantum dot containing thin film are no longer distinct. In view of this, claims 1-10 and 13-20 are all being treated as being part of elected Group I.
Claims 11 and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse for the reasons given above.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 26 December 2022. It is noted, however, that applicant has not filed a certified copy of the Chinese application as required by 37 CFR 1.55 and the office was unable to retrieve a certified copy of the Chinese application as indicated in the letter mailed 26 May 2024.
Drawings
The drawings are objected to because the crosslinking agent 30 formula in figure 2 is incorrect. It should be N3-R-N3.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
In view of the teachings as to the disclosed process and that the crosslinking agent polymerizes with the ligands by a diazo transfer reaction (para 43 and figure 2), there is a question as to what is the actual composition of the disclosed nanoparticle thin film. The specification describes the thin film as comprising a hyperdispersant and nanoparticles connected through a polymer formed by polymerizing the ligands on the nanoparticles an a crosslinking agent that comprising at least two azide groups and then implies that the azide group containing crosslinking agent is present in the thin film in for example pargraphs [0006]-[0008], figure 1, and pargraphs [0023]-[0026]. The specification also teaches that the thin film contains 5-50 wt% of the crosslinking agent. Figure 2 and pargraphs [0042]-[0045] teaches the crosslinking group that links and polymerizes the ligands has the formula wherein each azide group is converted to a -NH group, such as -NH-R-NH-. The description of the thin film appears to be that of the precursor composition and that the thin film actual comprising a nanoparticle polymer of a first nanoparticle having a first ligand, a second nanoparticle having a second ligand, and a crosslinking group which links at least one first ligand with at least one second ligand, wherein the crosslinking group that is bonded to a carbon atom in each ligand is a -NH-R-NH- group.
In paragraphs [0032] and [0042], the definition of the R variables for the anchoring group of the hyperdispersant and for the diazide crosslink agent having the formula N3-R-N3 is not taught.
Paragraph [0050] teaches one of the crosslinking agents comprising at least two azide groups can be azide polyethylene glycol amine, but this compound only has one azide group.
Paragraph [0031] teaches that in some embodiments the hyperdispersant is a special surfactant having a hydrophilic group and a second group relative to the hydrophilic group in solubility and polarity. First of all, it is unclear what is the hyperdispersant in the other embodiments. Secondly, it is unclear what is meant by the second group of the special surfactant is relative to the hydrophilic group in solubility and polarity. In view of the discussion in paragraph [0032], it is unclear how the hyperdispersant is different from any other dispersant.
The specification teaches the first and second nanoparticles have the same electrical property. It is unclear what is the “electrical property” being referred to in this teaching. The only electrical property explicitly discussed in the specification is surface charge of the nanoparticles. Appropriate correction is required.
Claim Objections
Claim 9 is objected to because of the following informalities: In this claim, “-COO-“ should be “-COO-“. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 9 is 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.
Claim 9 teaches the anchor group of molecular structure of the hyperdispersant comprises at least one of -R2N, -R3N+, -COO-, -SO3H, -SO2-, -PO4-2, polyamine, polyol and polyether and the solvation chain of molecular structure of the hyperdispersant comprises at least one of polyester, polyether, polyolefin, and polyacrylate. Paragraph [0032] teaches the molecular structure of the hyperdispersant has an anchoring group, such as -R2N, -R3N+, -COO-, -SO3H, -SO2-, -PO4-2, polyamine, polyol and polyether; and a solvation chain, such as polyester, polyether, polyolefin, and polyacrylate. This teaching in the specification means the specification teaches the anchor group of molecular structure of the hyperdispersant is -R2N, -R3N+, -COO-, -SO3H, -SO2-, -PO4-2, polyamine, polyol or polyether and the solvation chain of molecular structure of the hyperdispersant is a polyester, a polyether, a polyolefin, or a polyacrylate. Thus the specification does not describe the molecular structure of claim 9 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.
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.
Claims 1-10 and 13-20 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.
Claims 8 and 20 teach one of the crosslinking agents comprising at least two azide groups can be azide polyethylene glycol amine, but this compound only has one azide group. Thus these claims are indefinite.
Claim 9 is indefinite since the variable R in the groups -R2N, and -R3N+ is not defined.
In view of the discussion in paragraph [0032], it is unclear how the claimed hyperdispersant is different from any other dispersant. For this reason, claims 1-10 and 13-20 are indefinite.
Claims 5 and 17 teach the first and second nanoparticles have the same electrical property. It is unclear what is the “electrical property” being referred to in these claims and thus these claims are indefinite. It is noted the only electrical property explicitly discussed in the specification is surface charge of the nanoparticles.
The description of the thin film in the claims makes the actual claimed composition of the thin film unclear and indefinite. Claims 2, 7, 8, 14, 19 and 20 describe the precursor composition used to make the thin film. Claims 1 and 13 describe the thin film as comprising a hyperdispersant and nanoparticles connected through a polymer formed by polymerizing the ligands on the nanoparticles an a crosslinking agent that comprising at least two azide groups and then implies that the azide group containing crosslinking agent is present in the thin film; not the cross-linking group that results from the polymerization of the ligands and the cross-linking agent. Thus the claims are indefinite including claims 3-6, 10 and 15-18 since these claims include all the limitations of claims 1 and 13.
Finally, claims 13-20 are indefinite as to where in the claimed display panel, the thin film is located. It is noted that paragraph [0080] teaches that when at least one of the first and second nanoparticles are quantum dots, the thin film is a color filter, a light guide plate or as the emissive layer in an LED.
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 1-3, 6, 7, 10, 13-15, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application publication 2022/0367830.
This reference teaches quantum dot containing thin film produced by crosslinking, or polymerizing, a first ligand on a first quantum dot with a first ligand on a second quantum dots by bridging the ligands with a crosslinking agent having two azide groups (para 22, 33, 114-115 and figures 2 and 4). The taught crosslinking agent having two azide groups can be a photosensitive crosslinking agent since UV light can be used to crosslink the crosslinking agent and ligands. The first ligand comprise functional groups capable of binding to the surface of the quantum dots, such as a carboxyl group, an amino group, and a thiol group, which is also known in the art as a sulfhydryl group (para 15, 95). The taught mixture of first and second quantum dots reads upon the composition of claims 3 and 15 since quantum dots are inorganic nanoparticles. Paragraphs [0080]-[0094] teaches the compositions of the quantum dots and these compositions include those of and comprising CdS, ZnSe, ZnS and ZnO. Thus the reference suggests the composition of claim 10. The taught thin film is the emissive layer of an organic LED and figures 5 and 6 show using this LED in display panels. Thus the reference teaches a display panel comprising a quantum dot containing thin film produced by crosslinking, or polymerizing, a first ligand on a first quantum dot with a second ligand on a second quantum dots by bridging the ligands with a crosslinking agent having two azide groups.
The taught thin film is produced from a mixture of a solvent, the crosslinking agent, the first quantum dot and the second quantum, wherein both quantum dots have the first ligand bound to the surfaces of the dots. Paragraph [0252]-[0259] teaches the mixture can further comprise a dispersant which improves the degree of dispersion of the quantum dots, to prevent aggregation of the quantum dots and to act as a protective layer for the quantum dots during the solution process. These taught dispersant have the same function as the claimed hyperdispersant and thus reads upon the claimed hyperdispersant. The reference does not teach removing the dispersant during the taught process of forming the thin film and thus it would be present in the thin film. Thus the reference suggests a quantum dot containing thin film produced by crosslinking, or polymerizing, a first ligand on a first quantum dot with a second ligand on a second quantum dots by bridging the ligands with a crosslinking agent having two azide groups and which further comprises a hyperdispersant and a display panel comprising this thin film. This suggested thin film and display read upon the claimed thin film and display. Paragraph [0259] teaches the amount of dispersant is 1-50 parts per 100 parts of the quantum dot mixture, which corresponds to a mass percentage of 1 to 50% dispersant to quantum dot mixture. This range overlaps range in claims 2 and 14. Paragraph [0252] teaches the amount of crosslinking agent in the composition of quantum dots, solvent and crosslinking agent is about 0.01-1 wt% and paragraph [0250] teaches the amount of solvent in composition of quantum dots, solvent and crosslinking agent is 80-99.9 wt%. Given both of these teachings, the amount of quantum dots in the composition is about 0.09-19 wt%. Based on the calculated amount of quantum dots and the taught amount of crosslinking agent, the mass percentage of crosslinking agent to quantum dot mixture is about 5-11%, which overlaps the range in claims 2 and 14. 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 suggests the claimed thin film and display panel.
Claims 1, 3, 6, 7, 10, 13, 15, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over CN 113337274 in view of U.S. patent application publication 2022/0367830.
CN 113337274 teaches a quantum dot containing thin film produced by crosslinking, or polymerizing, a first ligand on a first quantum dot with a second ligand on a second quantum dots by bridging the ligands with a crosslinking agent having two azide groups and a display device that comprises a quantum dot module comprising this thin film. This is the general polymerization process taught in the claims. The reference also teaches that the thin film can further comprise scattering particles having a third ligand, wherein the third ligand is crosslinked with the first and/or second ligands with a crosslinking agent having two azide groups. The taught crosslinking bridge resulting from polymerizing crosslinking agent having two azide groups with the ligands has the same formula as that taught in this application. The first and second quantum dots may be the same or different and both can be selected from ZnO, ZnSe, CdS/ZnS, InP/ZnS, PbS/ZnS and CdSe/ZnS. InP/ZnS, PbS/ZnS and CdSe/ZnS are quantum dots that comprise ZnS and CdS/ZnS is a quantum dot that comprises both CdS and ZnS. Thus the reference teaches the nanoparticles of claim 10. When they are different, this mixture of two different quantum dots reads upon the composition of claims 3 and 15 since quantum dots are inorganic nanoparticles. The reference teaches the first, and second ligands comprise functional groups capable of binding to the surface of the quantum dots, such as a carboxyl group, an amino group, and a thiol group, which is also known in the art as a sulfhydryl group. The taught crosslinking agent having two azide groups can be a photosensitive crosslinking agent since UV light can be used to crosslink the crosslinking agent and ligands. The scattering agent has a size of 80 nm to 2 microns and can be TiO2, SiO2 and ZrO2. Thus the reference teaches a mixture of the quantum dot and a scattering agent which are inorganic nanoparticles, such as TiO2, SiO2 and ZrO2 nanoparticles, which are the nanoparticle of claim 10. This mixture reads upon that of claims 3 and 15.
The reference teaches the a quantum dot module comprising this thin film used in display devices is either used on the backlight or as the pixels in the display devices. The pixels in a display devices are found in the display panel of display devices and the backlight may be found in the display panel of display devices. Thus the reference suggests a display panel comprising a quantum dot containing thin film produced by crosslinking, or polymerizing, a first ligand on a first quantum dot with a second ligand on a second quantum dots by bridging the ligands with a crosslinking agent having two azide groups. CN 113337274 does not teach the presence of a hyperdispersant in the thin film produced by crosslinking, or polymerizing, a first ligand on a first quantum dot with a second ligand on a second quantum dots by bridging the ligands with a crosslinking agent having two azide groups. Both CN 113337274 and U.S. patent application publication 2022/0367830 teaches a composition used to make comprising a quantum dot containing thin film produced by crosslinking, or polymerizing, a first ligand on a first quantum dot with a second ligand on a second quantum dots by bridging the ligands with a crosslinking agent having two azide groups comprising a solvent, the ligand containing quantum dots and a crosslinking agent having two azide groups. Both reference teaches the same method of polymerizing the composition to form the thin film. U.S. patent application publication 2022/0367830 teaches, in paragraphs [0252]-[0259] the mixture of solvent, quantum dot and crosslinking agent can further comprise a dispersant which improves the degree of dispersion of the quantum dots, to prevent aggregation of the quantum dots and to act as a protective layer for the quantum dots during the solution process. These taught dispersant have the same function as the claimed hyperdispersant and thus reads upon the claimed hyperdispersant. Thus one of ordinary skill in the art would have found it obvious to add a hyperdispersant, as taught in U.S. patent application publication 2022/0367830, to the composition used to make comprising a quantum dot containing thin film taught in CN 113337273, to improve the degree of dispersion of the quantum dots, to prevent aggregation of the quantum dots and to act as a protective layer for the quantum dots during the solution process. See MPEP 2144.07. Since the process for producing the taught quantum dot containing thin films by crosslinking, or polymerizing, a first ligand on a first quantum dot with a second ligand on a second quantum dots by bridging the ligands with a crosslinking agent having two azide groups is the same in both references and U.S. patent application publication 2022/0367830 does not teach the dispersant is removed during the taught process of forming the thin film; one of ordinary skill in the art that the thin film produced from suggested hyperdispersant containing composition of CN 113337273 would include the hyperdispersant, absent any showing to the contrary. The references suggest the claimed thin film and display panel.
Allowable Subject Matter
Claims 4, 5, 16, 17 and 20 would be allowable if rewritten 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 and to include 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 a quantum dot comprising nanoparticle thin film produced by crosslinking composition of a solvent, a hyperdispersant, a first ligand on a first quantum dot with a second ligand on a second nanoparticle and a crosslinking agent having two azide groups wherein the ligands are crosslinked with a bridging group of the formula -NH-R-NH- obtained from the crosslinking agent, and a display panel comprising this thin film; wherein the quantum dot nanoparticles and the second nanoparticle have the same particle diameter or have the same electrical property, the second nanoparticle is at least one of inorganic nanoparticles, organic nanoparticles, noble metal nanoparticles, colloidal nanosheet nanoparticles or colloidal nanorod nanoparticles and the mass ratio of quantum dots to the second nanoparticles is between 0.1-10. There is no teaching or suggestion in the art of record that the first and second quantum dots and/or scattering agents in the taught thin films all have the same particle diameter and/or electrical property.
There is no teaching or suggestion in the cited art of record of a quantum dot comprising nanoparticle thin film produced by crosslinking composition of a solvent, a hyperdispersant, a first ligand on a first quantum dot with a second ligand on a second nanoparticle and a crosslinking agent having two azide groups wherein the ligands are crosslinked with a bridging group of the formula -NH-R-NH- obtained from the crosslinking agent, and a display panel comprising this thin film; wherein the crosslinking agent is selected from at lest one of polyoxyethylene bisazide, poly(ethylene glycol) bisazide or 1,11-diazdo-3,6,9,-trioxaundecane. There is no teaching or suggestion in the art to selected these three bisazide containing crosslinking agents out of the thousands of known bisazide containing crosslinking agents.
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
6/22/26
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