Information Disclosure Statement
JP 2018-141141 and KR 10-2019-0119457, cited in the information disclosure statement of 22 November 2023 have only been considered with respect to the formulas therein.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference number 400 in figure 2A.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 17 and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 teaches a composite comprising the nanoparticles of claim 1 dispersed in a matrix. This claim reads on any composite, such as glass/nanoparticle composite; ceramic/nanoparticle composite and polymer/nanoparticle composites where the polymer is any polymer. The specification teaches polymer/nanoparticle composite particles which are used in an ink and polymer/nanoparticle composites which make up the photoluminescent layer or in the pixels in liquid crystal panels or an electroluminescent device and are present in color conversion elements of a photoluminescent device. The taught polymer/nanoparticle composites are not a representative number of composite species to support the claimed generic composite. Thus the claimed composite is described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 18 is directed to a device comprising a color conversion layer or pixel comprising a color conversion region, wherein the region comprising the composite of claim 17. The claimed device reads upon various devices, such as solar cells, devices having decorative and informational markings which change color when exposed to ambient or sunlight light, and photodetectors. The specification teaches photoluminescent devices comprising a light source and color conversion layer or pixel comprising a color conversion region, wherein the region comprising the composite of claim 17 wherein the light source is configured to provide incidental light to the color conversion layer or pixel. The taught photoluminescent devices are not a representative number of composite species to support the claimed generic composite. Thus the claimed composite is described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
It is noted that applicants can overcome the rejection but inserting the subject matter of claims 17 and 18 into the specification.
Allowable Subject Matter
Claims 1-16, 19 and 20 are allowed.
Claims 17 and 18 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action.
There is no teaching or suggestion in the cited art of record of a blue light emitting semiconductor nanoparticle comprising Ag, In, Ga and S, wherein the emitted light has a peak emission wavelength in the range of about 400 nm to less than 490 nm. The art teaches, as shown by WO 2020257510, U.S. 2020/0006601 and U.S. 2022/0195294, green light emitting semiconductor nanoparticle comprising Ag, In, Ga and S. While WO 2020/257510 and U.S. 2022/0195294 teach the emitted peak wavelength in range of 480-595nm, the fact that the reference teach the semiconductor nanoparticle comprising Ag, In, Ga and S emit green light means that overlapping wavelength range of 480 nm to less than 490 nm is where the photoluminescent intensity starts to increase and not where the photoluminescent intensity starts to decrease as in this application. A comparison between Figure 3 in WO 2020/257510, which teaches the same nanoparticles as U.S. 2022/0195294, and figure 3B in this application shows This. Thus the emission spectrum of the claimed semiconductor nanoparticle comprising Ag, In, Ga and S is different from the emission spectrum of the nanoparticles of WO 2020/257510 and U.S. 2022/0195294, which means the taught nanoparticles of WO 2020/257510 and U.S. 2022/0195294 do not teach or make obvious the claimed nanoparticles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
5/15/26
Prosecution Insights