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 .
Response to Amendment
Applicant’s amendments filed 8/4/2026, have been fully considered and reviewed by the examiner. The examiner notes the amendments to the claims. Claims 1-20 remain pending with claims 11-13 and 20 withdrawn from consideration.
Response to Arguments
Applicant's arguments filed 8/4/2026 have been fully considered but they are not persuasive as they are directed to newly added claim requirements that are specifically addressed hereinafter.
Applicant’s arguments with respect to the disclosure of JP 222 is noted but not persuasive as JP 222, also in the art of forming a perovskite discloses using Ba precursors and discloses such Ba-pentamethylcyclopentadienyl (“-Tetramethylheptadione, Ba-hexafluoroacetylacetonate, Ba-pentamethylcyclopentadienyl, or Ba-heptafluorodimethyloctadione”). Applicant’s argue that JP 222 does not disclose bis(pentamethylcyclopentadienyl) barium and therefore can not reasonably meet the claims as drafted. Here, the examiner notes JP 222 discloses and exemplifies Ba comprising precursors, including (Ba-tetramethylheptadione) and then in the examples disclose Ba (thd)2 (i.e. Ba (thd)2 is bis(tetramethylheptadione)barium. Therefore, contrary to the applicants assertion, the factual evidence supports the finding that JP 222 discloses Ba (thd)2 equates to (Ba-tetramethylheptadione). Therefore, thus taking the references collectively, it would have been obvious to one of ordinary skill the art to use the known Ba perovskite precursors, including bis(pentamethylcyclopentadienyl) barium as JP 222 discloses Ba-pentamethylcyclopentadienyl. JP 222 provides evidence that such meets bis(pentamethylcyclopentadienyl) barium as evidenced by JP 222 discloses Ba (thd)2 equates to (Ba-tetramethylheptadione) and thus following this analysis, Ba-pentamethylcyclopentadienyl would equate to bis(pentamethylcyclopentadienyl) barium or at the least, in view of this disclosure by JP 222 , using bis(pentamethylcyclopentadienyl) barium would have been obvious as a Ba precursor for the perovskite. Applicant’s mere argument that the reference does not disclose bis(pentamethylcyclopentadienyl) is clearly not persuasive is not persuasive as the ordinary artisan would have found such obvious for the reasons set forth herein. Examiner has providing reasoning and evidence that supports the position and the Applicant’s mere argument that such is incorrect in view of “typically used chemical naming conventions” is not persuasive as such is not supported by any factual evidence to support this position.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-8, 10, 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023100919 A1.
WO 919 qualified under 102(a)(2) as a Published PCT Application with Prior Filing Date.
WO 919 discloses a method of synthesizing a chalcogenide perovskite (abstract), the method comprising: providing a precursor solution containing a metal precursor, wherein the precursor solution is oxygen-free (Composition, metal precursor);
depositing the precursor solution onto a substrate to form a precursor film(“A dispersion liquid in which the complex having the first metal atom and the complex having the second metal atom are dispersed in a dispersion medium is formed into a film by a coating method, a spray method, a doctor blade method, or an inkjet method”, “, a precursor material (a dispersion in which a complex having a first metal atom and a complex having a second metal atom are dispersed in a dispersion medium) is used as a film forming material, and a solution film forming method such as a coating method is used.”);
WO 919 discloses subjecting the precursor film to a heating to a predetermined temperature (“When the film is formed by the above method, the coating film is heat-treated at a predetermined temperature so that the complex having the first metal atom and the complex having the second metal atom react in the coating film. As a result, a thin film containing chalcogenide perovskite according to one aspect of the present invention is obtained”) and therefore disclose a heating process that meets the comprising language of the claims as drafted (the initial heating reads on partially annealing as claimed followed by heating as claimed).
and heating the precursor film in the presence of a chalcogen source to form a chalcogenide perovskite (“in addition to the complex with the first metal atom and the complex with the second metal atom, a chalcogen compound can also be added to the liquid phase.” and “When the film is formed by the above method, the coating film is heat-treated at a predetermined temperature so that the complex having the first metal atom and the complex having the second metal atom react in the coating film. As a result, a thin film containing chalcogenide perovskite according to one aspect of the present invention is obtained.”)
wherein the steps of depositing and heating are conducted in an inert atmosphere (“For example, the series of liquid phase syntheses described above are preferably performed in an inert atmosphere filled with nitrogen or argon.”).
In other words, annealing and heating are interchangeable and do not provide any specific limitations outside of applying some degree of heat as claimed for some undefined period of time. Based on the broadly drafted claim language, and the comprising language thereof, the mere fact that claims divides the heating into two steps (e), does not differentiate over the prior art that discloses heating as the heating steps themselves do not define the scope of the heating processes to be any more than substeps of a single heating process (i.e. first part of heating reads on the annealing and second part reads on the heating). At the very least, it would have been obvious to have heated using two sub heating steps with a reasonable expectation of predictable results, i.e. achieving the disclosed heating over a period of time.
As to the temperature and inert atmosphere as claimed, WO 919 discloses the sulfurization process comprises heating the precursor film at a temperature of less than 800° C. in an oxygen-free environment containing elemental sulfur for a period of time sufficient to form the chalcogenide perovskite (“As the chalcogen compound, one that does not contain an oxygen atom (O) and a halogen atom (X) is preferably used. For example, sulfur”, where sulfur reads on elemental sulfur as claimed; “For example, the series of liquid phase syntheses described above are preferably performed in an inert atmosphere filled with nitrogen or argon.”, see e.g. Example 1 related to heating at 310C). Additionally, WO 919 discloses heating to a predetermined temperature and therefore it would have been obvious to have determine the optimum temperature, including those within the range as claimed, through routine experimentation.
While the examiner maintains the position as set forth above, for the sake of compact prosecution, the examiner notes that the WO 919 reference discloses the individual claim limitations, as cited above, and while a single disclosed embodiment does not disclose the features, the totality of the references discloses each of the individual claimed elements and therefore combining them as outlined in the reference would have been obvious to one of ordinary skill in the art to achieve the claimed. Additionally, All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claim 2: WO 919 discloses the step of heating the precursor film comprises a sulfurization process (“chalcogen compound can also be added to the liquid phase”, “As the chalcogen compound, one that does not contain an oxygen atom (O) and a halogen atom (X) is preferably used. For example, sulfur or carbon disulfide (CS .sub.2 ), sulfides such as hydrogen sulfide (H .sub.2 S),”).
Claim 3: WO 919 discloses the sulfurization process comprises heating the precursor film at a temperature of less than 800° C. in an oxygen-free environment containing elemental sulfur for a period of time sufficient to form the chalcogenide perovskite (“As the chalcogen compound, one that does not contain an oxygen atom (O) and a halogen atom (X) is preferably used. For example, sulfur”, where sulfur reads on elemental sulfur as claimed; “For example, the series of liquid phase syntheses described above are preferably performed in an inert atmosphere filled with nitrogen or argon.”, see e.g. Example 1 related to heating at 310C). The temperature disclosed by WO 919 is within the range as claimed and thus at the least this claim is obvious over the prior art.
Claim 4: WO 919 discloses the chalcogenide perovskite comprises sulfide or selenide anions in a perovskite crystal structure (AB Ch .sub.3 (101) A′ .sub.2 A .sub.n−1 B .sub.n Ch .sub.3n+1, where “Ch is S, Se, Te, or a combination thereof in any proportion.”)
Claim 5 and 19: WO 919 discloses adding a chalcogen source to the liquid phase, including carbon disulfide (CS .sub.2 ), see “As the chalcogen compound, one that does not contain an oxygen atom (O) and a halogen atom (X) is preferably used. For example, sulfur or carbon disulfide (CS .sub.2 ), sulfides such as hydrogen sulfide (H .sub.2 S))
Claim 6: WO 919 discloses what can reasonably be within the scope of distorted perovskite crystal structure (“The chalcogenide perovskite (ABCh .sub.3 ) represented by formula (101) exhibits, for example, a cubic perovskite, tetragonal perovskite, orthorhombic perovskite, or double perovskite crystal structure.”)
Claim 7: WO 919 discloses the chalcogenide perovskite has a Ruddlesden-Popper perovskite crystal structure (“the crystal structure of Ruddlesden-Popper layered perovskite.”)
Claim 8, 10, 14 : WO 919 discloses metal precursor comprises an organometallic or metal organic (see section entitled “[Complex Having First Metal Atom and Complex Having Second Metal Atom] “, also “The ligands of the complex having the first metal atom and the complex having the second metal atom used in this embodiment are not particularly limited, except that they do not contain oxygen atoms and halogen atoms as coordinating atoms”, Examples).
Claim 15: WO 919 discloses the step of providing a precursor solution comprises mixing the metal precursor with a liquid solution comprising a solvent in an inert atmosphere (Example 1, maintain N2 atmosphere, stirring with liquid, “For example, the series of liquid phase syntheses described above are preferably performed in an inert atmosphere filled with nitrogen or argon”).
Claim 16: WO 919 discloses the chalcogenide (such as CS2) in the solvent, i.e. solvent comprises carbon disulfide (“chalcogen compound . . dissolved in a solvent” and ““As the chalcogen compound, one that does not contain an oxygen atom (O) and a halogen atom (X) is preferably used. For example, sulfur or carbon disulfide (CS .sub.2 )”
Claim 17: WO 919 discloses the sulfurization process comprises heating the precursor film at a temperature within the range as claimed for a period of time sufficient to form the chalcogenide perovskite (“As the chalcogen compound, one that does not contain an oxygen atom (O) and a halogen atom (X) is preferably used. For example, sulfur”, where sulfur reads on elemental sulfur as claimed; “For example, the series of liquid phase syntheses described above are preferably performed in an inert atmosphere filled with nitrogen or argon.”, see e.g. Example 1 related to heating at 310C). Here, the time and temperature are result effective variables and it would have been obvious to have determined the time and temperature through routine experimentation.
Claim 18: WO 919 discloses drying and baking and such would meet this claim requirement as broadly drafted. (“ For example, a thin film of chalcogenide perovskite may be formed using a dispersion liquid. . . a precursor material of chalcogenide perovskite (for example, a dispersion liquid in which the complex having the first metal atom and the complex having the second metal atom are dispersed in a dispersion medium), by a solution film forming method such as application process, spraying method, doctor blade method, ink-jet method, or the like, and then drying, firing, or the like as needed.” ). At the very least, drying would suggest desire to remove solvent and therefore taking the reference for its entire teaching, it would have been obvious to have removed solvent to provide a dry film as such is taught as being within the scope of WO 919.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 919 taken collectively with JP 0873222A.
WO 919 discloses a Ba metal complex including methyl and cyclopentadiene ligands; however, fails to disclose the claimed bis(pentamethylcyclopentadienyl) barium. However, JP 222, also in the art of forming a perovskite discloses using Ba precursors and discloses such Ba-pentamethylcyclopentadienyl (“-Tetramethylheptadione, Ba-hexafluoroacetylacetonate, Ba-pentamethylcyclopentadienyl, or Ba-heptafluorodimethyloctadione”) and JP 222 discloses Ba (thd) .sub.2 (Ba-tetramethylheptadione) and thus taking the references collectively, it would have been obvious to one of ordinary skill the art to use the known Ba perovskite precursors, including bis(pentamethylcyclopentadienyl) barium as JP 222 discloses Ba-pentamethylcyclopentadienyl. JP 222 provides evidence that such meets bis(pentamethylcyclopentadienyl) barium as evidenced by JP 222 discloses Ba (thd)2 equates to (Ba-tetramethylheptadione) and thus following this analysis, Ba-pentamethylcyclopentadienyl would equate to bis(pentamethylcyclopentadienyl) barium or at the least, in view of this disclosure by JP 222 , using bis(pentamethylcyclopentadienyl) barium would have been obvious as a Ba precursor for the perovskite.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID P TUROCY whose telephone number is (571)272-2940. The examiner can normally be reached Mon, Tues, Thurs, and Friday, 7:00 a.m. to 5:30 p.m.
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/DAVID P TUROCY/Primary Examiner, Art Unit 1718
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