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
Specification Objection Withdrawal
Applicant’s amendment of the title of the invention is acknowledged. Thus, the objection to specification is withdrawn.
Claim Rejections – 35 U.S.C. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 and 9 rejected under 35 U.S.C. 103 as being unpatentable over Qian (WO 2011005859), in view of Guo (CN 113046077, machine-translation provided).
Regarding Claim 1
FIG. 6 of Qian discloses an electroluminescent device comprising: a first electrode (Aluminum) and a second electrode (ITO); a quantum dot layer (CdSe-ZnS) between the first electrode and the second electrode; and optionally, an electron transport layer (Abstract) between the quantum dot layer and the second electrode, wherein the quantum dot layer comprises a quantum dot and is configured to emit a blue light, a green light, or a red light, wherein a peak emission wavelength of the blue light is greater than or equal to 440 nm and less than or equal to about 480 nm, wherein a peak emission wavelength of the green light is greater than or equal to 500 nm and less than or equal to about 560 nm, wherein a peak emission wavelength of the red light is greater than or equal to 600 nm and less than or equal to about 650 nm (FIG. 2), the electroluminescent device further comprises a first layer (ZnO) comprising a nanoparticle (NP), the first layer disposed between the quantum dot layer and the first electrode, wherein the nanoparticle has a size of greater than or equal to about 0.5 nanometers and less than or equal to about 30 nanometers.
Qian is silent with respect to “a first layer comprising a nanoparticle of a single metal chalcogenide” the single metal chalcogenide consists of a magnesium sulfide, a magnesium selenide, a magnesium sulfide selenide, a zinc magnesium selenide, a zinc magnesium sulfide, a zinc sulfide, a zinc selenide sulfide, a barium sulfide, a barium selenide, a barium sulfide selenide, a calcium sulfide, a calcium selenide, or a calcium selenide sulfide, wherein a bandgap energy of the nanoparticle of the single metal chalcogenide is greater than or equal to about 3.0 eV and less than or equal to about 6 eV.
FIG. 1 of Guo discloses a similar electroluminescent device, wherein the ZnO nanoparticle can be replaced by ZnS having a bandgap of 3.62 eV [0002].
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the device of Qian, as taught by Guo, such that the single metal chalcogenide consists of a magnesium sulfide, a magnesium selenide, a magnesium sulfide selenide, a zinc magnesium selenide, a zinc magnesium sulfide, a zinc sulfide, a zinc selenide sulfide, a barium sulfide, a barium selenide, a barium sulfide selenide, a calcium sulfide, a calcium selenide, or a calcium selenide sulfide, wherein a bandgap energy of the nanoparticle of the single metal chalcogenide is greater than or equal to about 3.0 eV and less than or equal to about 6 eV. The ordinary artisan would have been motivated to modify Qian in the above manner for purpose of stable chemical property, rich resource, cheap price and better electron transmission property ([0002] of Guo).
Regarding Claim 2
FIG. 6 of Qian discloses the electron transport layer comprises a zinc oxide nanoparticle.
Regarding Claim 3
FIG. 6 of Qian discloses the quantum dot comprises a Group II-VI compound, a Group III-V compound, a Group IV-VI compound, a Group IV element or compound, a Group II-III-VI compound, a Group I-III-VI compound, a Group I-II-IV-VI compound, or a combination thereof, and wherein the first light has a full width at half maximum of the emission peak of the first light is greater than or equal to about 1 nanometer and less than or equal to about 55 nanometers (20-40nm).
Regarding Claim 4
FIG. 1 of Guo discloses the Group II metal comprises a metal comprising zinc, magnesium, calcium, barium, strontium, or a combination thereof, and the chalcogen element comprises selenium, sulfur, tellurium, or a combination thereof.
Regarding Claim 5
FIG. 1 of Guo discloses the nanoparticle of the single metal chalcogenide is a magnesium sulfide nanoparticle, a magnesium selenide nanoparticle, a magnesium sulfide selenide nanoparticle, a zinc magnesium selenide nanoparticle, a zinc magnesium sulfide nanoparticle, a zinc sulfide nanoparticle, a zinc selenide sulfide nanoparticle, a barium sulfide nanoparticle, a barium selenide nanoparticle, a barium sulfide selenide nanoparticle, a calcium sulfide nanoparticle, a calcium selenide nanoparticle, or a calcium selenide sulfide nanoparticle the metal chalcogenide comprises a magnesium sulfide, a magnesium selenide, a magnesium sulfide selenide, a zinc magnesium selenide, a zinc magnesium sulfide, a zinc sulfide, a zinc selenide sulfide, a barium sulfide, a barium selenide, a barium sulfide selenide, a calcium sulfide, a calcium selenide, a calcium selenide sulfide, or a combination thereof.
Regarding Claim 6
The limitation “a bandgap energy of the nanoparticle of the single metal chalcogenide is greater than or equal to about 3 eV and less than or equal to about 5.5 eV” is related to material property. Where the claimed and prior art products are identi-cal or substantially identical in structure or composi-tion, or are produced by identical or substantially identical processes, a prima facie case of either antici-pation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP2112.01. Furthermore, FIG. 1 of Guo discloses a bandgap energy (3.62 eV) of the nanoparticle of the single metal chalcogenide is greater than or equal to about 3 eV and less than or equal to about 5.5 eV.
Regarding Claim 7
The limitation “a difference between a LUMO energy level of the metal chalcogenide and a LUMO energy level of the quantum dot layer is greater than or equal to about 0.3 eV” is related to material property. Where the claimed and prior art products are identi-cal or substantially identical in structure or composi-tion, or are produced by identical or substantially identical processes, a prima facie case of either antici-pation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP2112.01.
Regarding Claim 9
FIG. 1 of Guo discloses the inorganic nanoparticle has a particle size of greater than or equal to about 1 nanometer and less than or equal to about 10 nanometers.
Claim 8 rejected under 35 U.S.C. 103 as being unpatentable over Qian and Guo, in view of Shaffer (CN 104411780) of record, in view of Kim (U.S. Patent Pub. No. 2019/0326533) of record.
Regarding Claim 8
Qian as modified by Guo discloses Claim 1.
Qian as modified by Guo is silent with respect to “the first layer further comprises an organic moiety, and a mole ratio of carbon to the Group II metal in the first layer is greater than or equal to about 0.001:1 and less than or equal to about 1:1”.
FIG. 1 of Shaffer discloses a similar electroluminescent device, wherein the metal chalcogenide further comprises an organic moiety, and a mole ratio of the organic ligand to the Group II metal is greater than or equal to about 0.001:1 and less than or equal to about 1:1 [0064].
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the device of Qian, as taught by Shaffer. The ordinary artisan would have been motivated to modify Qian in the above manner for purpose of realizing uniform particle size distribution and control of surface modification ([0007] of Shaffer).
Qian as modified Guo is still silent with respect to “a mole ratio of carbon to the Group II metal in the first layer is greater than or equal to about 0.001:1 and less than or equal to about 1:1”.
FIG. 1 of Kim discloses a similar electroluminescent device, wherein the metal chalcogenide further comprises an organic moiety, and a mole ratio of the organic ligand to the Group II metal is greater than or equal to about 0.001:1 and less than or equal to about 1:1 [0019].
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the device of Qian, as taught by Kim. The ordinary artisan would have been motivated to modify Qian in the above manner for purpose of optimizing the performance ([0066] of Kim).
Claims 10-16 and 18-20 rejected under 35 U.S.C. 103 as being unpatentable over Qian and Guo, in view of Park (U.S. Patent Pub. No. 2021/0104696) of record.
Regarding Claim 10
Qian as modified by Guo discloses Claim 1.
Qian as modified by Guo is silent with respect to “the nanoparticle of the single metal chalcogenide further comprises an organic ligand on a surface of the inorganic nanoparticle, and the organic ligand is represented by Chemical Formula 1: Chemical Formula 1 A-L-B wherein L is a single bond, a substituted or unsubstituted C1 to C50 aliphatic hydrocarbon group, a substituted or unsubstituted C4 to C50 aromatic hydrocarbon group, or a combination thereof, and A and B are each independently a thiol group, a carboxyl group, a hydroxy group, an amine group, a phosphonic acid group, a phosphoric acid group, a phosphinic acid group, or a moiety derived therefrom”.
FIG. 1 of Park discloses a similar electroluminescent device, wherein the nanoparticle of the single metal chalcogenide further comprises an organic ligand on a surface of the inorganic nanoparticle, and the organic ligand is represented by Chemical Formula 1: Chemical Formula 1 A-L-B wherein L is a single bond, a substituted or unsubstituted C1 to C50 aliphatic hydrocarbon group, a substituted or unsubstituted C4 to C50 aromatic hydrocarbon group, or a combination thereof, and A and B are each independently a thiol group, a carboxyl group, a hydroxy group, an amine group, a phosphonic acid group, a phosphoric acid group, a phosphinic acid group, or a moiety derived therefrom [0113].
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the device of Qian, as taught by Park. The ordinary artisan would have been motivated to modify Qian in the above manner for purpose of controlling the growth of the crystal ([0112] of Park).
Regarding Claim 11
FIG. 1 of Park discloses the nanoparticle of the single metal chalcogenide is configured to be dispersible in water or a water-miscible organic solvent [0087].
Regarding Claim 12
FIG. 1 of Park discloses the organic ligand comprises a diacid compound, a mercapto carboxylic acid compound, a mercapto amine compound, a mercapto phosphonic acid compound, a mercapto phosphoric acid compound, a mercapto phosphinic acid compound, a hydroxy carboxylic acid compound, a hydroxy amine compound, a hydroxy phosphonic acid compound, a hydroxy phosphoric acid compound, a hydroxy phosphinic acid compound, or a combination thereof [0114].
Regarding Claim 13
FIG. 1 of Park discloses a hole transport layer (130) between the first electrode (110) and the first layer (141).
Regarding Claim 14
FIG. 1 of Park discloses the hole transport layer comprises a hole transporting organic compound, and the hole transporting organic compound comprising a substituted or unsubstituted fluorenyl moiety, a substituted or unsubstituted diphenylamine moiety, a triphenylamine moiety, or a combination of thereof [0084].
Regarding Claim 15
The limitation “a LUMO level of the single metal chalcogenide is shallower than a LUMO level of the hole transport layer, and a bandgap energy of the single metal chalcogenide is greater than a bandgap energy of the hole transport layer” is related to material property. Where the claimed and prior art products are identi-cal or substantially identical in structure or composi-tion, or are produced by identical or substantially identical processes, a prima facie case of either antici-pation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP2112.01. Also see US 20190280232, 10535829, KR 20190057733, 20200011302, 20210046560 and CN 110246972 for documentary evidences.
Regarding Claim 16
FIG. 1 of Park discloses a hole injection layer (120) between the first electrode (110) and the hole transport layer (130), and the hole injection layer comprises an organic compound different from the hole transport layer, a hole transporting inorganic material, or a combination thereof [0185].
Regarding Claim 18
FIG. 1 of Park discloses the first light is blue light [0176]; and wherein the electroluminescent device has a maximum luminance of greater than or equal to about 100,000 candela per square meter, or wherein the electroluminescent device has a maximum external quantum efficiency of greater than or equal to about 11%, or a combination thereof [0108].
Regarding Claim 19
FIG. 6 of Qian discloses a display device comprising the electroluminescent device of claim 1.
Regarding Claim 20
The claim “the display device comprises a portable terminal device, a monitor, a notebook computer, a television, an electric sign board, a camera, or an electronic component for an electric vehicle” containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed. This recitation does not differentiate the claimed apparatus from the prior art apparatus because the apparatus of Park teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987), see MPEP 2114 R-1.
Claim 17 rejected under 35 U.S.C. 103 as being unpatentable over Qian and Guo, in view of Cheng (CN 116230824) of record.
Regarding Claim 17
Qian as modified by Guo discloses Claim 1.
Qian as modified by Guo is silent with respect to “the first layer has a thickness of greater than or equal to about 4 nanometers and less than or equal to about 15 nanometers, and optionally wherein the quantum dot layer has a thickness of greater than or equal to about 5 nanometers and less than or equal to about 50 nanometers”.
FIG. 1 of Cheng discloses a similar electroluminescent device, wherein the first layer (630) has a thickness of greater than or equal to about 4 nanometers and less than or equal to about 15 nanometers, and optionally wherein the quantum dot layer (620) has a thickness of greater than or equal to about 5 nanometers and less than or equal to about 50 nanometers [0062].
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the device of Qian, as taught by Cheng. The ordinary artisan would have been motivated to modify Qian in the above manner for purpose of improving the luminous efficiency (Abstract of Cheng)
Claim 17 rejected under 35 U.S.C. 103 as being unpatentable over Qian and Guo, in view of Chen (CN 111276523) of record.
Regarding Claim 17
Qian as modified by Guo discloses Claim 1.
Qian as modified by Guo is silent with respect to “the first layer has a thickness of greater than or equal to about 4 nanometers and less than or equal to about 15 nanometers, and optionally wherein the quantum dot layer has a thickness of greater than or equal to about 5 nanometers and less than or equal to about 50 nanometers”.
FIG. 1 of Chen discloses a similar electroluminescent device, wherein the first layer (4) has a thickness of greater than or equal to about 4 nanometers and less than or equal to about 15 nanometers, and optionally wherein the quantum dot layer (5) has a thickness of greater than or equal to about 5 nanometers and less than or equal to about 50 nanometers [0026].
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the device of Qian, as taught by Chen. The ordinary artisan would have been motivated to modify Qian in the above manner for purpose of improving device performance ([0006] of Chen).
Pertinent Art
US 20210135139, 20190257003, 20190276737, 20150053916, CN 105684555, JP 6061112 and WO 2014099080.
Response to Arguments
Applicant’s arguments with respect to Claim 1 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
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).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHENG-BAI ZHU whose telephone number is (571)270-3904. The examiner can normally be reached on 11am – 7pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chad Dicke can be reached on (571)270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHENG-BAI ZHU/Primary Examiner, Art Unit 2897
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