CTNF 18/405,428 CTNF 81242 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, which papers have been placed of record in the file. Information Disclosure Statement The information disclosure statement (IDS) submitted on 41/5/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings 06-37 AIA The drawings were received on 1/5/2024 . These drawings are considered acceptable by Examiner . Claim Objection(s) Claim(s) 5, 17 are objected to because of the following informalities: Regarding Claim 5, the phrase “R 1 , R 2 , and R 3 are not all hydrogen or deuterium” does not recite a positive limitation and instead attempts to claim the disclosed invention by excluding what the applicants did not disclose or invent, rather than distinctly and particularly pointing out what the applicants did disclose or invent. Essentially this claim language fails to provide any structural element or concrete component and there is improper [MPEP 2173.05(i)]. Regarding Claim 17, the phrase “the quantum dots of the light emitting layer do not include a heavy metal” does not recite a positive limitation and instead attempts to claim the disclosed invention by excluding what the applicants did not disclose or invent, rather than distinctly and particularly pointing out what the applicants did disclose or invent. Essentially this claim language fails to provide any structural element or concrete component and there is improper [MPEP 2173.05(i)]. America Invents Act 07-06 AIA 15-10-15 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. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA 1. Claim (s) 1-4, 12, 14-15, 17, 19-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Qin (U.S. Pub. No. 2021/0020858 A1) . Regarding Claim 1, Qin teaches a light emitting device, comprising a first electrode (2, anode, ¶ [0099]; see at least Figs. 1-5) and a second electrode (7, cathode) facing each other, and a light emitting layer disposed between the first electrode (2) and the second electrode (7), the light emitting layer comprising quantum dots, wherein the light emitting layer comprises a first light emitting layer (563, a first quantum dot light-emitting layer) proximate to the first electrode (2), and a second light emitting layer (564, a second quantum dot light-emitting layer) proximate to the second electrode (7), the quantum dots of the first light emitting layer (563) include a first ligand (carboxylic acid or amine, ¶ [0172]) on a surface of the quantum dots, and the quantum dots of the second light emitting layer (564) include a second ligand (halogen ligand, ¶ [0169]) on a surface of the quantum dots, wherein the first ligand is different from the second ligand, and a HOMO energy level of the first light emitting layer (563) is lower (shallower) than a HOMO energy level of the second light emitting layer (564) (due to the significant energy differences between amine ligands and halogen ligands). Regarding Claim 2, Qin teaches the light emitting device of claim 1, wherein a difference between the HOMO energy level of the first light emitting layer (563) and the HOMO energy level of the second light emitting layer (564) is greater than or equal to about 0.1 eV (due to the significant energy differences between amine ligands and halogen ligands). Regarding Claim 3, Qin teaches the light emitting device of claim 1, wherein a LUMO energy level of the first light emitting layer (563) is lower than a LUMO energy level of the second light emitting layer (564) (due to the inherent significant energy differences between amine ligands and halogen ligands). Regarding Claim 4, Qin teaches the light emitting device of claim 1, wherein the first ligand (carboxylic acid or amine, ¶ [0172]) comprises an amine ligand, an amide ligand, an alkoxide ligand, a carboxylic acid ligand, or a combination thereof, and the second ligand (halogen ligand, ¶ [0169]) comprises a halogen-substituted carboxylic acid ligand, a halogen-substituted carboxylic acid ester ligand, a haloalkane ligand, a halogen ligand, or a combination thereof. Regarding Claim 12, Qin teaches the light emitting device of claim 1, wherein the first ligand comprises a chloro-substituted or unsubstituted carboxylic acid ligand), a chloro-substituted or unsubstituted carboxylic acid ester ligand, a chloroalkane ligand, a chloride ligand, or a combination thereof, and the second ligand comprises a fluoro-substituted carboxylic acid ligand, a fluoro-substituted carboxylic acid ester ligand, a fluoroalkane ligand, a fluoride ligand, or a combination thereof (¶ [0153]; ¶ [0023]; ¶ [0127]; FTO) Regarding Claim 14, Qin teaches the light emitting device of claim 1, wherein the light emitting layer further comprises a third light emitting layer between the first light emitting layer (563) and the second light emitting layer (564), and the HOMO energy level of the third light emitting layer is between the HOMO energy level of the first light emitting layer (563) and the HOMO energy level of the second light emitting layer (564) (due to the inherent significant energy differences between amine ligands and halogen ligands). Regarding Claim 15, Qin teaches the light emitting device of claim 1, wherein the light emitting device comprises a first charge auxiliary layer (4, HTL) between the light emitting layer and the first electrode (2), and a second charge auxiliary layer (ETL) between the light emitting layer and the second electrode (7), and the HOMO energy levels of each layer of the first charge auxiliary layer, the first light emitting layer (563), the second light emitting layer (564), and the second charge auxiliary layer (ETL) sequentially increases from the first charge auxiliary layer (HTL) to the second charge auxiliary layer (ETL). Regarding Claim 17, Qin teaches the light emitting device of claim 1, wherein the quantum dots of the light emitting layer do not include a heavy metal (¶ [0124]). Regarding Claim 19, Qin teaches the light emitting device of claim 15, wherein the second charge auxiliary layer comprises a nanoparticle including a metal oxide (particle is an inorganic semiconductor nanocrystal, ¶ [0093] & ZnO nanoparticle, ¶ [0122]). Regarding Claim 20, Qin teaches a display device comprising the light emitting device of claim 1 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 2. Claim(s) 5 are rejected under 35 U.S.C. 103 as being obvious over Qin in view of Krull et al., (U.S. Pat. No. 6,793,696). Regarding Claim 5, Qin teaches the invention set forth above (see rejection in the corresponding claim(s) above). Qin is silent regarding the chemical formula for the amine ligand. In the same field of endeavor, Krull et al., teaches an amine ligand with the Chemical Formula 1 of NR 1 R 2 R 3 wherein, in Chemical Formula 1, R 1 , R 2 and R 3 are each independently hydrogen, deuterium, a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C2 to C30 alkynyl group, a substituted or unsubstituted C6 to C40 aryl group, a substituted or unsubstituted C3 to C40 heteroaryl group, or a combination thereof, or any two of R 1 , R 2 , or R 3 are linked to each other to form an N-containing heterocycles, and R 1 , R 2 , and R 3 are not all hydrogen or deuterium (Col. 2 - Col. 3) of in order to improve stability and corrosion control of the amines/amides (Col. 2, lines 1-5). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the amine ligand, as suggested by Krull et al., in the device of Qin in order to improve stability and corrosion control of the amines/amides (Col. 2, lines 1-5). 3. Claim(s) 6-11 are rejected under 35 U.S.C. 103 as being obvious over Qin in view of Yang et al., (U.S. Pub. No. 2021/0207188 A1). Regarding Claim 6, Qin teaches the invention set forth above (see rejection in the corresponding claim(s) above). Qin is silent regarding Chemical Formula 2 R 1 C(=O)N(R 2 )R 3 . In the same field of endeavor, Yang suggests a Chemical Formula 2 R 1 C(=O)N(R 2 )R 3 wherein, in Chemical Formula 2, R 1 and R 3 (Formula 1a [Wingdings font/0xE0] ¶ [0105] - ¶ [0114]) are each independently hydrogen, deuterium, a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C2 to C30 alkynyl group, a substituted or unsubstituted C6 to C40 aryl group, a substituted or unsubstituted C3 to C40 heteroaryl group, or a combination thereof, and R 2 is hydrogen, deuterium, a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C2 to C30 alkynyl group, a substituted or unsubstituted C6 to C40 aryl group, a substituted or unsubstituted C3 to C40 heteroaryl group, or a combination thereof (¶ [0025]) in order to improve the ligand chemical structure, thereby improving overall functionality of the compound. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ligant, as disclosed by Yang et al., in the device of Qin in order to improve the ligand chemical structure, thereby improving overall functionality of the compound. Regarding Claim 7, Qin teaches the invention set forth above (see rejection in the corresponding claim(s) above). Qin is silent regarding Chemical Formula 3: Chemical Formula 3 R 1 C(=O)OH. In the same field of endeavor, Yang et al., suggests carboxylic acid ligand (¶ [0173]) comprises a compound represented by Chemical Formula 3: Chemical Formula 3 R 1 C(=O)OH wherein, in Chemical Formula 3, R 1 is a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C2 to C30 alkynyl group, a substituted or unsubstituted C6 to C40 aryl group, a substituted or unsubstituted C3 to C40 heteroaryl group, or a combination thereof in order to improve the ligand chemical structure, thereby improving overall functionality of the compound Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ligand, as disclosed by Yang et al., in the device of Qin in order to improve the ligand chemical structure, thereby improving overall functionality of the compound. Regarding Claim 8, Qin teaches the invention set forth above (see rejection in the corresponding claim(s) above). Qin is silent regarding Chemical Formula 4 R 1 C(=O)OH. In the same field of endeavor, Yang et al., suggests a halogen-substituted carboxylic acid ligand (¶ [0173]) comprises a compound represented by Chemical Formula 4: Chemical Formula 4 R 1 C(=O)OH wherein, in Chemical Formula 4, R 1 is a substituted or unsubstituted C1 to C30 haloalkyl group, a substituted or unsubstituted C2 to C30 haloalkenyl group, a substituted or unsubstituted C2 to C30 haloalkynyl group, a substituted or unsubstituted C6 to C40 halogen-substituted aryl group, a substituted or unsubstituted C3 to C40 halogen-substituted heteroaryl group, or a combination thereof (¶ [0050]) in order to improve the ligand chemical structure, thereby improving overall functionality of the compound. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ligand, as disclosed by Yang et al., in the device of Qin in order to improve the ligand chemical structure, thereby improving overall functionality of the compound. Regarding Claim 9, Qin as modified by Yang et al., teaches the light emitting device of claim 8, wherein the halogen-substituted carboxylic acid ligand is a perfluoroalkanoic acid ligand (¶ [0168]). Regarding Claim 10, Qin teaches the invention set forth above (see rejection in the corresponding claim(s) above). Qin is silent regarding Chemical Formula 5 R 1 C(=O)OR 2 . In the same field of endeavor, Yang et al., suggests halogen-substituted (¶ [0017]) carboxylate ester ligand (¶ [0173]) comprises a compound represented by Chemical Formula 5: Chemical Formula 5 R 1 C(=O)OR 2 wherein, in Chemical Formula 5, R 1 and R 2 are each independently a substituted or unsubstituted C1 to C30 haloalkyl group, a substituted or unsubstituted C2 to C30 haloalkenyl group, a substituted or unsubstituted C2 to C30 haloalkynyl group, a substituted or unsubstituted C6 to C40 halogen-substituted aryl group, a substituted or unsubstituted C3 to C40 halogen-substituted heteroaryl group, or a combination thereof (¶ [0050]) in order to improve the ligand chemical structure, thereby improving overall functionality of the compound. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ligand, as disclosed by Yang et al., in the device of Qin in order to improve the ligand chemical structure, thereby improving overall functionality of the compound. Regarding Claim 11, Qin as modified by Yang et al., teaches the light emitting device of claim 10, wherein the halogen-substituted carboxylate ester ligand is perfluoroalkanoic acid ester (¶ [0168]). Motivation to combine would be the same as stated above. 4. Claim(s) 13, 18 are rejected under 35 U.S.C. 103 as being obvious over Qin. Regarding Claim 13, Qin teaches the claimed invention (see rejection in the claim above) except for the specific limitation of weight percentages. However, Examiner reasonably contemplates that it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the quantum dots of the first light emitting layer further includes a first organic ligand in addition to the first ligand, and the quantum dots of the second light emitting layer further includes a second organic ligand in addition to the second ligand, a content of the first ligand of the quantum dots in the first light emitting layer is in a range of about 1 weight percent to about 60 weight percent based on a total amount (100 weight percent) of total ligand of the quantum dots in the first light emitting layer, and a content of the second ligand of the quantum dots in the second light emitting layer is in a range of about 1 weight percent to about 60 weight percent based on a total amount (100 weight percent) of total ligand of the quantum dots in the second light emitting layer, since optimization of workable ranges is considered within the skill of the art as it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch , 205 USPQ 215 (CCPA 1980). Further, one of ordinary skill in the art would entertain the idea of providing the quantum dots of the first light emitting layer further includes a first organic ligand in addition to the first ligand, and the quantum dots of the second light emitting layer further includes a second organic ligand in addition to the second ligand, a content of the first ligand of the quantum dots in the first light emitting layer is in a range of about 1 weight percent to about 60 weight percent based on a total amount (100 weight percent) of total ligand of the quantum dots in the first light emitting layer, and a content of the second ligand of the quantum dots in the second light emitting layers in a range of about 1 weight percent to about 60 weight percent based on a total amount (100 weight percent) of total ligand of the quantum dots in the second light emitting layer in order to ensure a stable chemical ligand of the quantum dots, thereby ensuring improved operation and functionality of the device. Regarding Claim 18, Qin teaches the light emitting device of claim 13, wherein the first organic ligand and the second organic ligand are each independently RSH, R 3 PO, R 3 P, ROH, RCOOR, RPO(OH) 2 , RHPOOH, R 2 POOH, or a combination thereof, wherein R is each independently a substituted or unsubstituted C1 to C40 aliphatic hydrocarbon group, a substituted or unsubstituted C6 to C40 aromatic hydrocarbon group, or a combination thereof (-OH, ¶ [0029]). 5. Claim(s) 16 are rejected under 35 U.S.C. 103 as being obvious over Qin. Regarding Claim 16, Qin teaches the claimed invention (see rejection in the claim above) except for the specific limitation of a difference of peak emission wavelength of the quantum dots of the first and second light emitting layers. However, Examiner reasonably contemplates that it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the quantum dots of the first light emitting layer and the quantum dots of the second light emitting layer emit light of the same color, and a difference of peak emission wavelength of the quantum dots of the first and second light emitting layers is less than or equal to about 15 nm, and the peak emission wavelength of the quantum dots of the first and second light emitting layers have a full width at half maximum of less than or equal to about 40 nm, since optimization of workable ranges is considered within the skill of the art as it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch , 205 USPQ 215 (CCPA 1980). Further, one of ordinary skill in the art would entertain the idea of providing the quantum dots of the first light emitting layer and the quantum dots of the second light emitting layer emit light of the same color, and a difference of peak emission wavelength of the quantum dots of the first and second light emitting layers is less than or equal to about 15 nm, and the peak emission wavelength of the quantum dots of the first and second light emitting layers have a full width at half maximum of less than or equal to about 40 nm in order to improve impregnation of the charge electrons during operation, thereby improving the display device overall. Other Prior Art Cited 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. No. 5,639,910 teaches a similar amine ligand with the Chemical Formula 1 of NR 1 R 2 R 3 . U.S. Pub. No. 2021/0043862 teaches a device with first and second quantum dots layers. Examiner's Note The Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner H. Featherly whose telephone number is 571-272-8654. The examiner can normally be reached on M-F 9 AM-4 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece can be reached on 571-272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-272-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /H. Featherly/ Examiner Featherly Art Unit 2875 Patent Examiner /JAMES R GREECE/ Supervisory Patent Examiner, Art Unit 2875 Application/Control Number: 18/405,428 Page 2 Art Unit: 2875 Application/Control Number: 18/405,428 Page 3 Art Unit: 2875 Application/Control Number: 18/405,428 Page 4 Art Unit: 2875 Application/Control Number: 18/405,428 Page 5 Art Unit: 2875 Application/Control Number: 18/405,428 Page 6 Art Unit: 2875 Application/Control Number: 18/405,428 Page 7 Art Unit: 2875 Application/Control Number: 18/405,428 Page 8 Art Unit: 2875 Application/Control Number: 18/405,428 Page 9 Art Unit: 2875 Application/Control Number: 18/405,428 Page 10 Art Unit: 2875 Application/Control Number: 18/405,428 Page 11 Art Unit: 2875 Application/Control Number: 18/405,428 Page 12 Art Unit: 2875 Application/Control Number: 18/405,428 Page 13 Art Unit: 2875 Application/Control Number: 18/405,428 Page 14 Art Unit: 2875 Application/Control Number: 18/405,428 Page 15 Art Unit: 2875
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