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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11 in the reply filed on 17 April 2026 is acknowledged.
Claims 12-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse.
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.
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. patent application publication 2017/0066965.
This reference teaches a blue light emitting cadmium free quantum dot comprising a ZnSe core, a ZnSe1-xSx buffer layer adjacent to the core where 0.25<x<0.75 or 0.25<x<0.5 (para 150) and a ZnS shell. The taught structure of a ZnSe1-xSx buffer layer adjacent to the core and a ZnS shell read upon the claimed shell structure of claims 1, 5, 6 and 9 since the ZnSe1-xSx buffer layer corresponds with the boundary portion and the innermost layer of the claimed shells and the ZnS shell corresponds with the outermost portion or layer of the claimed shells. The composition of the ZnSe1-xSx buffer layer adjacent to the core where 0.25<x<0.75 or 0.25<x<0.5 falls within that of claims 3 and 9 and the ZnS layer composition meets the outermost portion or layer of claims 3 and 9. It is clear from the reference that the composition of the shell stepwise changes in the manner as described in claim 4. Paragraph [0103] teaches the ZnSe core has a size of 5-15 nm, which falls within the size range of claim 2. Paragraph [0126] teaches the ZnS shell has a thickness of 0.3-1.2 nm. Paragraph [0164] teaches the ZnSe1-xSx buffer layer has a thickness of 0.3-1.2 nm. The calculated total thickness of the taught buffer layer and taught shell is 0.6-2.4 nm, which falls within the thickness of the shell of claim 1. Based on the taught thicknesses of each part of the taught shell, the calculated layer thickness of each of the ZnS shell and the ZnSe1-xSx buffer layer is 20-50% of the total thickness of both. This calculated percentage falls within the ranges of claims 7 and 8. The reference teaches the claimed quantum dots.
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application publication 2017/0066965.
This reference teaches a blue light emitting cadmium free quantum dot comprising a ZnSe core, a ZnSe1-xSx buffer layer adjacent to the core where 0<x<1 (para 150) and a ZnS shell. The taught structure of a ZnSe1-xSx buffer layer adjacent to the core and a ZnS shell read upon the claimed shell structure of claims 1, 5, 6 and 9 since the ZnSe1-xSx buffer layer corresponds with the boundary portion and the innermost layer of the claimed shells and the ZnS shell corresponds with the outermost portion or layer of the claimed shells. The composition of the ZnSe1-xSx buffer layer adjacent to the core where 0<x<1 overlaps that of claims 3 and 9 and the ZnS layer composition meets the outermost portion or layer of claims 3 and 9. 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. It is clear from the reference that the composition of the shell stepwise changes in the manner as described in claim 4. Paragraph [0103] teaches the ZnSe core has a size of 1-15 nm, which overlaps the size range of claim 2. Paragraph [0126] teaches the ZnS shell has a thickness of 0.3-1.2 nm. Paragraph [0164] teaches the ZnSe1-xSx buffer layer has a thickness of 0.3-1.2 nm. The calculated total thickness of the taught buffer layer and taught shell is 0.6-2.4 nm, which falls within the thickness of the shell of claim 1. Based on the taught thicknesses of each part of the taught shell, the calculated layer thickness of each of the ZnS shell and the ZnSe1-xSx buffer layer is 20-50% of the total thickness of both. This calculated percentage falls within the ranges of claims 7 and 8. The reference suggests the claimed quantum dots.
Claims 1, 2, 4, 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application 2018/0327665.
This reference teaches a blue light emitting cadmium free quantum dot comprising a ZnTeSe core and a shell layer of Zn, Se and S. The core has a particle size of about 2-6 nm, (para 18, 19 and 83), which overlaps the range of claim 2. 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. Paragraphs [0086]-[0087] teaches the shell has a thickness of about 0.5-10 nm, which overlaps the shell thickness range taught in claim 1 and that the shell has a gradient structure made up of a plurality of layers wherein each layer has an increasing amount of S and a decreasing amount of Se, the innermost layer is composed of ZnSeS and the outermost layer is composed of ZnS. It is clear from these teachings that the sell must have at least three layers. This teaching meets the claimed shell structure of claims 1, 4, 5 and 10. The reference suggested the claimed quantum dot.
Allowable Subject Matter
Claim 11 is 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 a quantum dot, containing no Cd and configured to emit blue light, and which comprises a core comprising Zn, Se and Cu; and a shell having a thickness of 0.5-3 nm and the shell has a boundary portion comprising Zn, Se and S and an outermost portion comprising Zn and S, wherein the content of Cu in relation to Zn in the quantum dot is 0.1-10 ppm.
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
5/7/26
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