DETAILED ACTION
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 .
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.
Election/Restrictions
Applicant's election with traverse of Group I, claims 6-9, in the reply filed on April 28, 2026 is acknowledged. The traversal is on the ground(s) that all the claims share the same technical feature. Upon reviewing the claims, the Examiner agrees that the claims all share the same technical feature. However, the Groups I-III lack unity of invention because even though the inventions of these groups require the technical feature of core-shell quantum dot comprising a semiconductor nanocrystal core including Zn and at least one of S, Se, or Te and a semiconductor nanocrystal shell including at least one shell layer comprising Mg, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Yang et al. (US Pub. No. 2020/0362240). Yang et al. teaches a core-shell quantum dot comprising a core of ZnSeTe and a shell comprising Mg (Fig. 1). Applicant further argues that a complete search of the prior art has not been conducted. However, the MPEP does not require a full search of the prior art before a restriction requirement can be made.
Claims 10-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 28, 2026.
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.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US Pub. No. 2020/0362240).
Regarding Claim 6: Yang et al. teaches a quantum dot (nanocrystalline) comprising a core of ZnSeTe and a shell comprising Mg (Fig. 1).
Regarding Claim 7: Yang et al. teaches the core is ZnSeTe wherein the ratio of Se:Te is 1:10-100-1, overlapping with sufficient specificity the claimed range of TexSe1-x ([0048]).
Regarding Claims 8-9: Yang et al. teaches a shell layer of MgS (Fig. 1), reading on a shell of formula ZnβMg1-βS when β is 0.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER F GODENSCHWAGER whose telephone number is (571)270-3302. The examiner can normally be reached 8:30-5:00, M-F EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Eashoo can be reached at 571-272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER F GODENSCHWAGER/Primary Examiner, Art Unit 1767 June 9, 2026
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