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 .
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.
Domestic Benefit
No claim to an application for domestic benefit.
Foreign Priority
Receipt is acknowledged of certified copies of papers (i.e., application number 111142348 filed in Taiwan om 11/07/2022) required by 37 CFR 1.55, received on 11/09/2023.
Two Information Disclosure Statements
The two information disclosure statements respectively submitted on 10/31/2023 and 10/09/2024 were filed before first Office action. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the two information disclosure statements have been considered.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title or similar is suggested:
-- QUANTUM DOT STRUCTURE INCLUDING CONTINUOUS INNER SHELL, DISCONTINUOUS OUTER SHELL AND PARTIAL CLOUD SHELL, FORMING METHOD THEREOF AND LIGHT-EMITTING DEVICE INCLUDING THE SAME --.
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.
Claims 1, 4-10 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0203561 A1 to Chen et al. (“Chen”).
Regarding independent claim 1, Chen teaches of a quantum dot structure (see title), comprising:
a quantum dot (as define below: 100 of Figure 2) comprising:
a core 105;
a first shell 122 discontinuously (discontinuity of size/shape/layer) around a core surface 105 of the core 105 (122 comprises of particles 122Q and there is a discontinuity between particles); and
a second shell 121 between the core 105 and the first shell 122 and encapsulating the core 105 surface (121 is between 105 and 122 and it encapsulates 105), wherein the second shell 121 has an irregular outer surface (see 121 of Figure 1); and
a cloud-like shell (see paragraph 0028: there may be embodiments of more than 2 shells) covering a portion (Figure 1 with Figure 2 with paragraph 0028: the outer most layer may have “compositions and/or properties of the shell layers may be identical or different from each other”: as such the outer/cloud shell layer may completely enclose the core as per 121 or discontinuous as per 122. Both embodiments cover a portion of the QD because the claim does not negate covering the entirety of the QD because covering the entire QD necessarily includes covering a portion thereof. Further, from the quoted text the shape would appear to be irregular thereby having the same properties of the other shell layers) of the quantum dot and having an irregular outer surface (as explained supra).
Regarding claim 4, Chen teaches wherein the cloud-like shell, the first shell, and the second shell comprise the same materials (see claim 1 rejection: quoted section supra).
Regarding claim 5, Chen teaches wherein the irregular outer surface of the cloud-like shell has a different surface profile than that of the second shell (as per Figure 1 and Figure 2 and paragraph 0028: this would appear to be highly irregular surface between different shell layers).
Regarding claim 6, Chen teaches wherein the irregular outer surface of the second shell is a concave-convex outer surface (see paragraph 0033--irregular concave—convex outer surface) comprising a lowest point and a highest point, and a height difference between the lowest point and the highest point of the concave-convex outer surface is greater than 0 nm and less than or equal to 5 nm (see paragraph 0033-- Thickness of shell layer 120 can be 2nm to 8nm. Therefore in at least one embodiment: If thickness of the shell layer is 5nm, it means that the height difference between the lowest and highest points of the shell layer is less than 5nm).
Regarding claim 7, Chen teaches wherein the irregular outer surface of the second shell has one recessed portion, and a recessed width of the recessed portion is greater than 0 nm and less than or equal to 10 nm (paragraph 0033—Thickness of shell layer 120 can be 2nm to 8nm. Therefore in at least one embodiment: If thickness of the shell layer is 5nm, it means that the recessed width is less than 5nm and more than 0nm).
Regarding claim 8, Chen teaches wherein the first shell 122 comprises a plurality of particles (see Figure 2).
Regarding claim 9, Chen teaches wherein some of the particles 122Q are stacked on top of each other (see Figure 2).
Regarding claim 10, Chen teaches further comprising ligands (see paragraph 0034--ligand) above the surfaces of the first shell, the second shell and/or the cloud-like shell.
Regarding independent claim 17, Chen teaches of a light-emitting device (as defined below, Figures 4-5), comprising:
a light source emitting a first light (see paragraph 0009—light source); and
a wavelength conversion component absorbing part of the first light and converting the part of the first light into a second light, wherein the wavelength conversion component comprises a quantum dot stricture as claimed in claim 1 (see paragraphs 0066 and 0068).
Allowable Subject Matter
Claims 2 and 3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 2 contains allowable subject matter, because the closest prior art of record, singularly or in combination, fails to disclose or suggest, in combination with the other elements of claim 2, wherein a projection of the quantum dot onto a plane has a maximum width in a first direction and a maximum length in a second direction perpendicular to the first direction, a projection of the cloud-like shell onto the plane overlaps with the projection of the quantum dot onto the plane in an overlapping region, and an area of the overlapping region conforms to the following formula: maximum width*maximum length ≥ area of the overlapping region ≥ ¼*maximum width*maximum length, wherein an extending direction of a maximum diameter of the quantum dot is defined as the first direction, the direction perpendicular to the first direction is defined as the second direction, and the plane is defined by the first direction and the second direction.
Claim 3 contains allowable subject matter, because the closest prior art of record, singularly or in combination, fails to disclose or suggest, in combination with the other elements of claim 3, further comprising a first gap between the cloud-like shell and the first shell and a second gap between the cloud-like shell and the second shell.
References C and N listed on the Notice of References Cited-892 Form both teach of incomplete outer shells that do not cover the entire core. This would create a gap; however it is believed that combining with the primary references supra is impermissible hindsight.
Claim 11 contains allowable subject matter, because the closest prior art of record, singularly or in combination, fails to disclose or suggest, in combination with the other elements of claim 11, a method of forming quantum dot structures, comprising: providing a quantum dot core solution comprising a plurality of cores; providing a shell precursor solution to the quantum dot core solution to form a quantum dot precursor solution; heating the quantum dot precursor solution at a first temperature to form a quantum dot solution comprising a plurality of quantum dots, wherein each of the quantum dots comprises a first shell and a second shell above a core surface of a core, wherein the first shell is discontinuously formed around the core surface, the second shell is formed between the core and the first shell and encapsulating the core surface, and the second shell has an irregular outer surface; and continuously stirring the quantum dot solution at a second temperature to form quantum dot structures, wherein each of the quantum dot structures has a cloud-like shell covering a portion of the quantum dot and wherein the second temperature is greater than or equal to the first temperature.
Then prior art of Chen teaches in Figure 3 and paragraph 0051 that there is a final mixture S306 with a thermal treatment at a second temperature that is higher than a first temperature thermal treatment that is used in step S301. There is also stirring in paragraph 0077 and 0080. There is also a thermal treatment with respect to S303 of 0045. However, these steps do not amount the specific structures required in claim 11 with respect to each step.
Reference B as listed in Notice of References Cited-892 Form – paragraph 0156 depicts a situation there the formation of the QD is formed by adjusting between higher and lower temperatures.
Dependent claims 12-16, contain allowable subject matter because they depend on the allowable subject matter of claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN P DULKA whose telephone number is (571)270-7398. The examiner can normally be reached Monday-Friday, 9am-5pm, EST.
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02 January 2026
/John P. Dulka/Primary Examiner, Art Unit 2817