DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This application is a national stage entry under 35 U.S.C. §371 of International Application No. PCT/US22/13454 filed 1/24/2022.
Acknowledgment is made of Provisional application No. 63/141,588, filed on Jan.
26, 2021 which papers have been placed of record in the file.
Claims 1-20 are pending.
Election/Restriction
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-18, drawn to a composition.
Group II, claim(s) 19, drawn to a method of making a composition.
Group III, claim(s) 20, drawn to a method of using the composition.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of the composition of claim 1, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of CN 111171814 to Shanghai University (hereinafter, "Shanghai") (see the rejection under 35 USC 102(a) below for a detailed description of Shanghai).
During a telephone conversation with Meredith Porembski on 2/10/2026 a provisional election was made to prosecute the invention of Group I, claims 1-18 Affirmation of this election must be made by applicant in replying to this Office action. Claims 19-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
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.
Claims 1-18 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.
Claim 1 recites …were synthesized… However, it would not be clear if metal halide perovskite nanocrystals were synthesized (past tense) to meet the claim, or if a synthesis solution from which the metal halide perovskite nanocrystals are made (present tense) to meet the claims.
Claims 2-18 are subsumed by this rejection because of their dependence.
The term “dynamic” in claim 1 is a relative term which renders the claim indefinite. The term “dynamic” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Further, one person of skill in the art may consider a binding compound to be dynamic, while another may not.
Appropriate correction and/or clarification is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4, 6, 7, 12-15, 17, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 111171814 to Shanghai University (hereinafter, "Shanghai").
A machine translation of CN 111171814 is provided with this office action.
Regarding Claim 1, Shanghai is directed to a stabilized colloidal composition comprising metal halide perovskite nanocrystals dispersed within a liquid phase medium comprising:
The synthesis solution comprising a dynamic binding compound capable of forming a covalent bond to surfaces of the metal halide perovskite nanocrystals as a dynamic binding ligand, the stabilizing auxiliary agent is selected from at least one of oleic acid, oleylamine or oleylamine halide, the organic ligand layer is used as a surface ligand, i.e., capable of forming a covalent bond to surfaces, to provide a more compact organic ligand layer, and the binding force with the surface is stronger, so that the stability of the nanocrystalline is improved; and
a stability promoter (the stabilizing auxiliary agent).
Regarding claim 2: Shanghai discloses the composition of claim 1, wherein the metal halide perovskite nanocrystals have formula APb(X1)z(X2)3-z, wherein A is selected from alkali metals, X is selected from halogens, and z ranges from Oto 3 (abstract. the APbX3 nanorod solution; claim 1, A is Methylamine (MA), Formamidine (FA) or Cs, and X is Cl, Br or I).
Regarding claim 3: Shanghai discloses the composition of claim 2, wherein A is Cs (abstract, the APbX3 nanorod solution; claim 1, A is methylamine (MA), Formamidine (FA) or Cs, and X is Cl, Br or I).
Regarding claim 4: Shanghai discloses the composition of claim 1, wherein the dynamic binding compound is selected from a fatty acid, a fatty amine, and combinations (Oleic Acid (OA), oleylamine or oleylamine halide).
Regarding claim 6: Shanghai discloses the composition of claim 1, wherein the synthesis solution consists of the dynamic binding compound and optionally, one or more other dynamic binding compounds (the stabilizing auxiliary agent adopts at least one solvent of Oleic Acid (OA), oleylamine or oleylamine halide.
Regarding claim 7: Shanghai discloses the composition of claim 6, wherein the dynamic binding compound is selected from a group consisting of 1-octadecene, oleylamine, oleic acid, trioctylphosphine, and combinations thereof (Oleic Acid (OA), oleylamine or oleylamine halide.
Regarding Claim 12: Shanghai discloses the composition of claim 1, wherein the stability promoter promotes covalent binding of one type of dynamic binding ligand in the liquid phase medium over another, different type of dynamic binding ligand in the liquid phase medium (the organic ligand layer is used as a surface ligand, i.e., capable of forming a covalent bond to surfaces, to provide a more compact organic ligand layer, and the binding force with the surface is stronger, so that the stability of the nanocrystalline is improved, the stabilizing auxiliary agent adopts at least one solvent of Oleic Acid (oleylamine or oleylamine halide, thus depending on the at least on solvent it will react differently with oleic acid having an acid functional group, oleylamine having an amine functional group and oleylamine halide having halide, i.e., promoters different type binding ligand).
Regarding Claim 13: Shanghai discloses the composition of claim 1, wherein the stability promoter is an alkane including octane, octadecane or dodecane.
Regarding Claim 14: Shanghai discloses the composition of claim 13, wherein the :stability promoter is an unsubstituted, linear alkane including a solvent of octane, octadecane or dodecane.
Regarding Claim 15: Shanghai discloses the composition of claim 13, wherein the alkane has from 5 to 59 carbon atoms (the stabilizing auxiliary agent adopts at least one solvent. .. the alkane solvent adopts octane, octadecane or dodecane).
Regarding claim 16: Hexane solvent is utilized in the method for synthesis as a mixture of toluene/n-hexane/n-octane.
Regarding Claim 17: Shanghai discloses the composition of claim 1, characterized by a photoluminescence spectrum having a peak that exhibits a reduction in intensity of no more than 25% after 90 days at ambient as compared to day 0 (stable luminescence has PLQY up to more than 90%; figure 3a, remnant PLQY, as seen in figure 3a, decreases linearly from 100, i.e., day 0, to about 85% in 60 days = 7.5% in 30 days which by extrapolation following the linear trend would be about 22.5% decrease, i.e., a reduction in intensity of no more than 25% after 90 days at ambient).
Claims 1, 4, 5, 13, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Global et al. (KR 20190074182).
A machine translation of KR 20190074182 is provided with this office action.
Regarding Claim 1: Global discloses a stabilized colloidal composition comprising metal halide perovskite nanocrystals within a liquid phase medium comprising:
A synthesis solution from which the metal perovskite nanocrystals were synthesized, the synthesis solution comprising a dynamically binding compound capable of forming a covalent bond to surfaces of the metal halide perovskite nanocrystals as a dynamic binding ligand.
Specifically, Global teaches preparing a metal halogen perovskite nanoparticle, which comprises the steps of: preparing a mixed solution synthesizing an inorganic halogen perovskite nanoparticle using a novel stabilizer; paragraph [0011], a metal halogen perovskite nanoparticle dispersion comprising a synthesis solution from which the metal halide perovskite nanocrystals were synthesized (abstract, preparing a metal halogen perovskite nanoparticle, which comprises the steps of: preparing a mixed solution), the synthesis solution comprising a dynamic binding compound capable of forming a covalent bond to surfaces of the metal halide perovskite nanocrystals as a dynamic binding ligand (abstract, a mixed solution including R1COOH, R2NH2, a solvent; adding thallium (I) salt; paragraph [0008], R1COOH may be oleic acid. R2NH2 may be oleylamine; paragraph [0028], can form a coordinate bond to the metal, i.e., capable of forming a covalent bond, thereby serving as an L-type ligand); and a stability promoter (abstract, a mixed solution including R1COOH, R2NH2 and a solvent; paragraph [0041], a solvent such as hexane, i.e., a stability promoter, see Current Specification paragraph [0026], states [0026] suitable stability promoters are generally nonpolar, organic compounds. Illustrative such compounds include alkanes, including unsubstituted, linear alkanes hexane.
Regarding Claim 4, Global discloses the composition of claim 1, wherein the dynamic binding compound is selected from a fatty acid, a fatty amine, and combinations thereof (abstract, a mixed solution including R1COOH, R2NH2, a solvent; adding thallium (I) salt. synthesizing an inorganic halogen perovskite nanoparticle using a novel stabilizer).
Regarding Claim 5: Global discloses the composition of claim 4, wherein the dynamic binding compound comprises oleylamine and oleic acid (abstract, a mixed solution including R1COOH, R2NH2, a solvent; [0008], R1COOH may be oleic acid. R2NH2 may be oleylamine).
Regarding Claim 13: Global discloses the composition of claim 1, wherein the stability promoter is an alkane (paragraph [0041], a solvent such as hexane).
Regarding Claim 16: Global discloses the composition of claim 13, wherein the alkane is hexane (paragraph [0041 ]. a solvent such as hexane).
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Shanghai et al. (CN 11171814).
Regarding Claim 8, Shanghai discloses the composition of claim 1. Shanghai fails to explicitly disclose wherein the synthesis solution and the stability promoter are present at a volume ratio of (synthesis solution):(stability promoter) of 1:5 or greater. Shanghai teaches forming a plurality of solutions, each solution with a mixing ratio (paragraphs [0018]-[0020], [0025]) and combining formed solutions with (paragraph [0030]). It would have been obvious to one of ordinary skill in the art at the time the invention was made to use a volume ratio of (synthesis solution): (stability promoter) of 1:5 or greater, since discovering the optimum value of a result effective variable involves only routine skill in the art as the amounts and ratios to combine solutions (Shanghai; paragraphs [0018]-[0020], [0030]) are easily modified to impart desired morphology, stability and luminous efficiency (Shanghai; abstract).
Regarding Claim 9: modified Shanghai discloses the composition of claim 8. Shanghai fails to explicitly disclose wherein the volume ratio is in a range of from 1:5 to 1:20. Shanghai teaches forming a plurality of solutions, each solution with a mixing ratio (paragraphs [0018]-[0020], [0025]) and combining formed solutions with (paragraph [0030]). It would have been obvious to one of ordinary skill in the art at the time the invention was made to the volume ratio is in a range of from 1:5 to 1:20, since discovering the optimum value of a result effective variable involves only routine skill in the art as the amounts and ratios to combine solutions (Shanghai; paragraphs [0018]-[0020], [0030]) are easily modified to impart desired morphology, stability and luminous efficiency (Shanghai; abstract).
Regarding Claim 10: Shanghai discloses the composition of claim 1.
Shanghai fails to explicitly disclose wherein the liquid phase medium comprises at least 5% by volume of the synthesis solution and no more than 95% by volume of the stability promoter. Shanghai teaches wherein the stabilizing auxiliary agent adopts at least one solvent and wherein the solvent adopts octane, octadecane or dodecane (paragraph [0021]} and adopts alkenes such as octadecene such as reaction solvent (claim 1 ).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to the liquid phase medium comprises at least 5% by volume of the synthesis solution and no more than 95% by volume of the stability promoter, since discovering the optimum value of a result effective variable involves only routine skill in the art to adjust volume amounts (Shanghai; claim 1; paragraph [0021] including amount of the stabilizing auxiliary agent to assist in reducing reaction rate to improve properties of formed nanocrystals by improving a control of morphology and size and decrease defects and improve stability (Shanghai; abstract; paragraphs [0006]-[0008]).
Regarding Claim 11: Modified Shanghai discloses the composition of claim 10.
Shanghai fails to explicitly disclose wherein the liquid phase medium comprises at least 10% by volume of the synthesis solution and no more than 90% by volume of the stability promoter. It would have been obvious to one of ordinary skill in the art at the time the invention was made to the liquid phase medium comprises at least 10% by volume of the synthesis solution and no more than 90% by volume of the stability promoter, since discovering the optimum value of a result effective variable involves only routine skill in the art to adjust volume amounts (Shanghai; claim 1; paragraph [0021] including amount of the stabilizing auxiliary agent to assist in reducing reaction rate to improve properties of formed nanocrystals by improving a control of morphology and size and decrease defects and improve stability (Shanghai; abstract; paragraphs [0006]-[0008]}.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Shanghai as applied to claim 1 above, and further in view of Global.
Regarding Claim 18: Shanghai discloses the composition of claim 1 , wherein the metal halide perovskite nanocrystals have formula APb (X1 )z(X2)3-z, wherein A is selected from alkali metals, X is selected from halogens, and z ranges from Oto 3 (abstract, the APbX3 nanorod solution; claim 1, A is Methylamine (MA), Formamidine (FA) or Cs, and X is Cl, Br or I), , wherein the stability promoter is an alkane
(paragraph [0021], the stabilizing auxiliary agent adopts at least one solvent... the alkane solvent adopts octane, octadecane or dodecane). and the dynamic binding compound (paragraph [0021], Oleic Acid (OA), oleylamine or oleylamine halide. Shanghai fails to explicitly disclose wherein the liquid phase medium comprises at least 5% by volume of the synthesis solution and no more than 95% by volume of the stability promoter and wherein the dynamic binding compound comprises oleylamine and oleic acid. Shanghai teaches wherein the stabilizing auxiliary agent adopts at least one solvent and wherein the solvent adopts octane, octadecane or dodecane (paragraph [0021]) and adopts alkenes such as octadecene such as reaction solvent (claim 1). It would have been obvious to one of ordinary skill in the art at the time the invention was made to wherein the liquid phase medium comprises at least 5% by volume of the synthesis solution and no more than 95% by volume of the stability promoter, since discovering the optimum value of a result effective variable involves only routine skill in the art to adjust volume amounts (Shanghai; claim 1; paragraph [0021] including amount of the stabilizing auxiliary agent to assist in reducing reaction rate to improve properties of formed nanocrystals by improving a control of morphology and size and decrease defects and improve stability (Shanghai; abstract; paragraphs [0006]-[0008]).
Global in the field of perovskite nanocrystals (abstract) teaches wherein a dynamic binding compound comprises oleylamine and oleic acid (abstract, a mixed solution including RA1COOH, RA2NH_2, a solvent; [0008], RA1COOH may be oleic acid. RA2NH2 may be oleylamine). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Shanghai to include wherein a dynamic binding compound comprises oleylamine and oleic acid as taught by Global, for the benefit of utilizing surface binding ligand in preparing perovskite nanocrystals (Global; abstract; paragraphs [0021], [0071]) comprising oleic acid and oleylamine to reduce crystal defects (Global; abstract; paragraph [0021]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT T BUTCHER whose telephone number is (571)270-3514. The examiner can normally be reached Telework M-F 9-5 Pacific Time Zone.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lanee Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT T BUTCHER/Primary Examiner, Art Unit 1764