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 .
DETAILED ACTION
Status of the Claims
Applicant’s remarks/amendments of claims 1-15 in the reply filed on June 08th, 2026, are acknowledged. Claim 1 has been amended. Claims 5-9, 12 and 16-18 have been cancelled. New claims 24-29 have been added. Claims 19-23 have been withdrawn. Claims 1-4, 10-11, 13-15, 19-29 are pending.
Action on merits of claims 1-4, 10-11, 13-15 and 24-29 as follows.
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.
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 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.
Claims 1-4, 10-11, 13-15 and 24-29 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN112271269, hereinafter as Zhan ‘269) in view of Lee (US 2021/0371732, hereinafter as Lee ‘732) and further in view of Zhang (CN 112310330, hereinafter as Zhan ‘330).
Regarding Claim 1, Zhan ‘269 teaches a quantum dot light-emitting device, comprising:
an electron transport layer (Fig. 4d, (310); [0116]), an auxiliary layer (Fig. 4g, (321r); [0119]), and a quantum dot light-emitting layer (Fig. 4h, (322); [0121]) which are sequentially stacked, wherein the quantum dot light-emitting layer comprises quantum dots, and surfaces of the quantum dots are provided with a first ligand, and the first ligand comprises a first functional group connected to the quantum dots (see Fig. 7); surfaces of the quantum dots in contact with the first ligand have a compound formed by a metal element (see para. [0073]) and a nonmetallic element (see para. [0067), and a material of the auxiliary layer comprises at least one selected from a group consisting of a compound containing the metal element, and a compound containing the nonmetallic element (see para. [0067], [0073] and [0119]).
Thus, Zhan ‘269 is shown to teach all the features of the claim with the exception of explicitly the limitations: “a second functional group away from the quantum dots”.
Lee ‘732 teaches a second functional group (Fig. 5A, (TL1); [0101]-[0103]) away from the quantum dots (QD; [0091]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify Zhan ‘269 by having a second functional group away from the quantum dots for the purpose of improving luminous efficiency of light emitting diode device (see para. [0005]) as suggested by Lee ‘732.
Zhan ‘269 and Lee ‘732 are shown to teach all the features of the claim with the exception of explicitly the limitations: “a material of the auxiliary layer comprises a compound containing the second function group”.
Zhan ‘330 teaches a material of the auxiliary layer (Fig. 5, (3); [0099]) comprises a compound containing the second function group (WV+, [0100]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify Zhan ‘269 and Lee ‘732 by having a material of the auxiliary layer comprises a compound containing the second function group for the purpose of achieving quantum dot patterning of quantum dots, and avoiding the problem of limited quantum dots patterning technology and low resolution of the quantum dot light emitting device during ink-jet printing (see para. [0082]) as suggested by Zhang ‘330.
Regarding Claim 2, Lee ‘732 teaches the second functional group is an amino group (see para. [0111]), and the compound containing the second functional group comprises compounds of alkyl fatty amines with less than 7 carbon atoms (1-20 carbon atoms which overlaps claim range of less than 7 carbon atoms) (see para. [0111]).
Regarding Claim 3, Lee ‘732 teaches the compounds of alkyl fatty amines with less than 7 carbon atoms (1-20 carbon atoms which overlaps claim range of less than 7 carbon atoms) (see para. [0111]).
Thus, Zhan ‘269, Lee ‘732 and Zhan ‘330 are shown to teach all the features of the claim with the exception of explicitly the limitations: “at least one selected from the group consisting of ethylamine, propylamine and butylamine; the compounds of aromatic amines with electron transport properties comprise at least one selected from the group consisting of aniline, phenylethylamine and amphetamine; the compounds of aminosilane coupling agents comprise N-p- -3- (aminoethyl)-y-aminopropyl methyl dimethoxysilane; the compounds of quaternary ammonium salts comprise at least one selected from the group consisting of tetramethylammonium chloride and tetraethylammonium chloride”.
However, it has been held to be within the general skill of a worker in the art to select a known material (such as at least one selected from the group consisting of ethylamine, propylamine and butylamine; the compounds of aromatic amines with electron transport properties comprise at least one selected from the group consisting of aniline, phenylethylamine and amphetamine; the compounds of aminosilane coupling agents comprise N-p- -3- (aminoethyl)-y-aminopropyl methyl dimethoxysilane; the compounds of quaternary ammonium salts comprise at least one selected from the group consisting of tetramethylammonium chloride and tetraethylammonium chloride) on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. A person of ordinary skills in the art is motivated to select at least one selected from the group consisting of ethylamine, propylamine and butylamine; the compounds of aromatic amines with electron transport properties comprise at least one selected from the group consisting of aniline, phenylethylamine and amphetamine; the compounds of aminosilane coupling agents comprise N-p- -3- (aminoethyl)-y-aminopropyl methyl dimethoxysilane; the compounds of quaternary ammonium salts comprise at least one selected from the group consisting of tetramethylammonium chloride and tetraethylammonium chloride in order to improve the performance of the quantum dot LED display device.
Regarding Claim 4, Zhan ‘269, Lee ‘732 and Zhan ‘330 are shown to teach all the features of the claim with the exception of explicitly the limitations: “the first ligand is formed by the reaction of a second ligand under ultraviolet irradiation with an acid generator, and a structural formula of the first ligand comprises
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and a structural formula of the second ligand comprises
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”.
However, it has been held to be within the general skill of a worker in the art to form the first ligand by the reaction of a second ligand under ultraviolet irradiation with an acid generator, and a structural formula of the first ligand comprises
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and a structural formula of the second ligand comprises
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. on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Product by process limitation:
The expression “the first ligand is formed by the reaction of a second ligand under ultraviolet irradiation with an acid generator” is/are taken to be a product by process limitation and is given no patentable weight. A product by process claim directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See In re Fessman, 180 USPQ 324, 326 (CCPA 1974); In re Marosi et al., 218 USPQ 289, 292 (Fed. Cir. 1983); In re Brown, 459 F.2d 531, 535, 173 USPQ 685, 688 (CCPA 1972); In re Pilkington, 411 F.2d 1345, 1348, 162 USPQ 145, 147 (CCPA 1969); Buono v. Yankee Maid Dress Corp., 77 F.2d 274, 279, 26 USPQ 57, 61 (2d. Cir. 1935); and particularly In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985), all of which make it clear that it is the patentability of the final structure of the product “gleaned” from the process steps, which must be determined in a “product by process” claim, and not the patentability of the process. See also MPEP 2113. Moreover, an old and obvious product produced by a new method is not a patentable product, whether claimed in “product by process” claims or not.
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Regarding Claim 10, Zhan ‘269 teaches a material of the quantum dots comprises a compound formed by a plurality of metal cations (see para. [0071]) and an anion (see para. [0067]), and the compound containing the metal element comprises at least one selected from the group consisting of the plurality of metal cations (see para. [0073]).
Regarding Claim 11, Zhan ‘269 teaches a material of the quantum dots comprises a compound formed by a plurality of metal cations and anions (see para. [0067] and [0071]),
Further, it has been held to be within the general skill of a worker in the art to select the compound containing the nonmetallic element comprises the anions on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. A person of ordinary skills in the art is motivated to select the compound containing the nonmetallic element comprises the anions in order to improve the performance of the quantum dot LED display device.
Regarding Claim 13, Zhan ‘269, Lee ‘732 and Zhan ‘330 are shown to teach all the features of the claim with the exception of explicitly the limitations: “the material of the auxiliary layer comprises a compound containing the second functional group and a compound containing the metal element, and a ratio of a molar concentration of the compound containing the second functional group to a molar concentration of the compound containing the metal element is in a range from 10: 1to 30: 1”.
However, it has been held to be within the general skill of a worker in the art to select the material of the auxiliary layer comprises a compound containing the second functional group and a compound containing the metal element, and a ratio of a molar concentration of the compound containing the second functional group to a molar concentration of the compound containing the metal element is in a range from 10: 1to 30: 1 on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. A person of ordinary skills in the art is motivated to select the material of the auxiliary layer comprises a compound containing the second functional group and a compound containing the metal element, and a ratio of a molar concentration of the compound containing the second functional group to a molar concentration of the compound containing the metal element is in a range from 10: 1to 30: 1 in order to improve the performance of the quantum dot LED display device.
Regarding Claim 14, Zhan ‘269, Lee ‘732 and Zhan ‘330 are shown to teach all the features of the claim with the exception of explicitly the limitations: “the material of the auxiliary layer comprises a compound containing the second functional group and a compound containing the nonmetallic element, and a ratio of a molar concentration of the compound containing the second functional group to a molar concentration of the compound containing the nonmetallic element is in a range from 10:1 to 30:1”.
However, it has been held to be within the general skill of a worker in the art to select the material of the auxiliary layer comprises a compound containing the second functional group and a compound containing the nonmetallic element, and a ratio of a molar concentration of the compound containing the second functional group to a molar concentration of the compound containing the nonmetallic element is in a range from 10:1 to 30:1 on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. A person of ordinary skills in the art is motivated to select the material of the auxiliary layer comprises a compound containing the second functional group and a compound containing the nonmetallic element, and a ratio of a molar concentration of the compound containing the second functional group to a molar concentration of the compound containing the nonmetallic element is in a range from 10:1 to 30:1 in order to improve the performance of the quantum dot LED display device.
Regarding Claim 15, Zhan ‘269, Lee ‘732 and Zhan ‘330 are shown to teach all the features of the claim with the exception of explicitly the limitations: “a thickness of the auxiliary layer is in a range from 1 nm to 5 nm”.
However, it has been held to be within the general skill of a worker in the art to select a thickness of the auxiliary layer is in a range from 1 nm to 5 nm on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. A person of ordinary skills in the art is motivated to select a thickness of the auxiliary layer is in a range from 1 nm to 5 nm in order to improve the performance of the quantum dot LED display device.
Regarding Claim 24, Zhan ‘269 teaches a quantum dot light-emitting device, comprising:
an electron transport layer (Fig. 4d, (310); [0116]), an auxiliary layer (Fig. 4g, (321r); [0119]), and a quantum dot light-emitting layer (Fig. 4h, (322); [0121]) which are sequentially stacked, wherein the quantum dot light-emitting layer comprises quantum dots, and surfaces of the quantum dots are provided with a first ligand, and the first ligand comprises a first functional group connected to the quantum dots (see Fig. 7); surfaces of the quantum dots in contact with the first ligand have a compound formed by a metal element (see para. [0073]) and a nonmetallic element (see para. [0067), and a material of the auxiliary layer comprises at least one selected from a group consisting of a compound containing the metal element, and a compound containing the nonmetallic element (see para. [0067], [0073] and [0119]), and the material of the auxiliary layer (321; [0119]) comprises nanoparticles with the metal element (see para. [0073]) or nanoparticles with the nonmetallic element (see para. [0067]).
Zhan ‘330 teaches the auxiliary layer has no shell (see Fig. 5).
Regarding Claim 25 and 27, Lee ‘732 teaches each of the quantum dots has a core-shell structure (see Fig. 5A), a material of a shell of each of the quantum dots and a material of a core of each of the quantum dots at least contain a same element (see para. [0088]-[0090]).
Zhan ‘269 teaches the material of the auxiliary layer (321r) is the same as that of the core of each of the quantum dots (see para. [0067] and [0119]).
Regarding Claim 26, Zhan ‘269, Lee ‘732 and Zhan ‘330 are shown to teach all the features of the claim with the exception of explicitly the limitations: “a size of each of the nanoparticles with the metal element and a size of each of the nanoparticles with the nonmetallic element are both smaller than a size of each of the quantum dots”.
However, it has been held to be within the general skill of a worker in the art to select a size of each of the nanoparticles with the metal element and a size of each of the nanoparticles with the nonmetallic element are both smaller than a size of each of the quantum dots on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
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A person of ordinary skills in the art is motivated to select a size of each of the nanoparticles with the metal element and a size of each of the nanoparticles with the nonmetallic element are both smaller than a size of each of the quantum dots in order to improve the performance of the quantum dot LED display device.
Regarding Claim 28, Zhan ‘269 teaches the material of the auxiliary layer (321r) comprises nanoparticles formed of a same material of the core of each of the quantum dots (see para. [0119]).
Zhan ‘269, Lee ‘732 and Zhan ‘330 are shown to teach all the features of the claim with the exception of explicitly the limitations: “a size of each of the nanoparticles of the auxiliary layer is the same or substantially the same as that of the core of each of the quantum dots”.
However, it has been held to be within the general skill of a worker in the art to select a size of each of the nanoparticles of the auxiliary layer is the same or substantially the same as that of the core of each of the quantum dots on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. A person of ordinary skills in the art is motivated to select a size of each of the nanoparticles of the auxiliary layer is the same or substantially the same as that of the core of each of the quantum dots in order to improve the performance of the quantum dot LED display device.
Regarding Claim 29, Zhan ‘269 teaches the compound containing the metal element or the compound containing the nonmetallic element comprises at least one selected from the group consisting of CdS, CdSe (see para. [0067]).
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 10-11, 13-15 and 24-29, filed on June 08th, 2026, have been considered but are moot in view of the new ground of rejection.
Interviews After Final
Applicants note that an interview after a final rejection is permitted in order to place the application in condition for allowance or to resolve issues prior to appeal. However, prior to the interview, the intended purpose and content of the interview should be presented briefly, preferably in writing. Upon review of the agenda, the Examiner may grant the interview if the examiner is convinced that disposal or clarification for appeal may be accomplished with only nominal further consideration. Interviews merely to restate arguments of record or to discuss new limitations will be denied. See MPEP § 714.13
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Dzung Tran whose telephone number is (571) 270-3911. The examiner can normally be reached on M-F 8 AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Supervisor Sue Purvis can be reached on 571-272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DZUNG TRAN/
Primary Examiner, Art Unit 2893
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