Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 23 July 2021. It is noted, however, that applicant has not filed a certified copy of the Chinese application as required by 37 CFR 1.55.
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 character “QD” in figures 1-9.
The drawings are objected to because in figures 2, 3, and 5-7, “NH2” should be “NH2”. In figures 8 and 9, it is unclear if the groups in the ring structure are “O” or “Q”. In addition, the ligand formulas in these figures are different from the genera; formula taught in the specification.
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.
Specification
The disclosure is objected to because of the following informalities:
Figures should not appear in the specification, thus the figures on pages 13-14 should be deleted.
Paragraph [0007] teaches in some embodiments, the ligand includes a plurality of Q groups but the formula for the ligand in pargraph [0006] requires the ligand to have two or three Q groups, which means all the embodiments includes a plurality of Q groups. Thus it is unclear what is actually meant by this teachings in paragraph [0007].
Paragraph [0011] teaches one of the quantum dots only coordinates with two of the coordination groups through the metal ion. It is unclear what is meant by this statement.
The specification teaches one of the coordinating groups is “phosphoxy” but there are no organic group having this name. The amine group in paragraphs [0018], [0048]-[0050] and [0054] should be rewritten as -NH2.
Paragraphs [0018] and [0049] teach the one end of the ligand facing away from the shell layer is connected with at least one -NH2. This teachings is confusing, since there is only one bond in -NH2 and thus it cannot connect the one end of the ligand facing away from the shell layer with the rest of the ligand. It is noted that pargraph [0048] teaches the terminal group at the end of the ligand facing away from the shell is -NH2. This is different from what is taught in paragraphs [0018] and [0049].
Paragraphs [0021] and [0058] teach precipitating a liquid, but liquids do not precipitate. The chelating ligand in paragraph [0050] is different from that taught in the rest of the specification. Appropriate correction is required.
Claim Objections
Claim 14 is objected to because of the following informalities: The amine group in in this claim should be rewritten as -NH2. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 5-7, 10, 14, 17 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 and 20 teach the chelating ligand of claims 2 and 19 comprises a plurality of Q groups and that different Q groups comprise different groups. Tis limitation is indefinite as to its meaning. The formula of the ligand in claims 2 and 19 requires the chelating ligand to have 2 or 3 Q groups, which is a plurality. Thus this limitation in claims 3 and 20 is already in claims 2 and 19. The meaning of “different Q groups comprise different groups” is unclear in it means and it is unclear how this limitation relates to the definition of Q in claims 2 and 19. If this limitation means that each Q groups in the ligand can be identical or different, these claims should be amended to clearly state this.
Claim 5 teaches one of the coordinating groups is “phosphoxy” but there are no organic group having this name. Thus claim 5 is indefinite.
Claim 6 teaches the ligand comprises a combination of the following structure formula, which are each ligands. Since each formula is a separate ligand, it is unclear how a ligand is composed of more than one ligand. Thus the claim is indefinite.
Claim 7 teaches one of the quantum dots only coordinates with two of the coordination groups through the metal ion. It is unclear what is meant by this statement and thus this claim is indefinite.
Claim 10 is indefinite since the list of metal ions include metal ions which are not a Group IIA, IIB and IA metal. These metals ions are gold ions (group IB), silver ions (group IB), copper ions (group IB), manganese ions (group VIIB), lead ions (group IVA), tin ions (IVA), iron ions (VIII), and indium ions (IIIA).
Claim 14 teaches the one end of the ligand facing away from the shell layer is connected with at least one -NH2. This teachings is confusing, and indefinite, since there is only one bond in -NH2 and thus it cannot connect the one end of the ligand facing away from the shell layer with the rest of the ligand.
Claim 17 teaches precipitating a liquid, but liquids do not precipitate. Thus this claim is indefinite.
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 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 113861982.
This reference teaches quantum dots having a polythiol ligand coordinated, or connected, to the metal ions in the surface thereof, an optical film comprising the quantum dots and a display comprising the film. The quantum dot can have a core/shell structure wherein the shell contains zinc ions. The ligand coordinated quantum dots are taught in paragraph [0060]. This teaching shows that ligand coordinates with two metal atoms and forms a closed ring structure. Thus the reference teaches the quantum dots of claims 1, 9 and 10; the film of claim 13 and the display of claim 15.
Claims 1-5, 9, 10, 13, 15, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2014/181245.
This reference teaches core/shell quantum dots, where the shell is preferably ZnS, ZnSe and CdS, having a di-hydro lipoic acid salt ligand bonded thereto, as shown by the figure on page 12. The reference teaches the sulfide anions of the ligand bind to the surface of the shell, which means they must bind with the metal cations, such as zinc or cadmium ions (pg. 2, line 30-pg 3,line 5; lines 3-4 on page 10 and figure on page 12). This dual bond forms a ring structure The taught ligand formula is taught in the reads upon that of claims 2-5 where the thiol, or sulfhydryl, groups of the di-hydro lipoic acid salt ligand are X of the formula of claim 2. The chain linking the thiol groups read upon the formula where n is 3, two of the Q groups are H and the third Q group, which is a solubilizing group, includes the chain –(CH2-CH2)2- (pg. 12, line 20-22). The taught quantum dots anticipate those claimed.
This reference teaches the quantum dots of claim 1, wherein the ligand falls within the formula of claims 19 and 20, which are the same as claims 2 and 3. The article discussed on page 16, lines 28-32 teaches the taught quantum dots can be used in quantum dot light emitting devices (QD-LEDs) and displays comprising QD-LEDs. It is notoriously well known in the art, as shown by the art in the Information Disclosure Statement, that the quantum dots in QD-LEDs are in the form of a film layer. Thus the reference teaches the device of display of claims 13, 15, 19 and 20.
Claim Rejections - 35 USC § 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.
Claims 1-5, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent 6,251,303.
This reference teaches quantum dots having a core/shell (overcoating layer) structure and an organic outer layer having at least one group for attachment to or coordinated with atoms in the shell layer. The outer organic layer reads upon the claimed chelating ligand when the compound has the formula in lines 50-67 of column 3 wherein the atoms bridging the X and X’ groups form a 5-8 member ring upon coordination with the semiconductor that makes up the shell. The reference teaches X and X’ are each S, N, P or O=P, which are anions and this would coordinate with the metal ions of the semiconductive material of the shell (col 8, lines 1-12). The formula of the ligand that forms a 5-8 member ring upon coordination with the semiconductor includes ligands that forms a 5 member ring upon coordination with the semiconductor which falls within the formula of claim 2, when n is 3 (col. 11, lines 25-42). The taught Y-Z part of the ligand is a solubilizing group which reads upon the claimed Q group since Z is a hydrogen comprising hydrophobic group and Y is a hydrogen containing hydrophilic group (col. 3, lines 34-45 and col. 4, lines 3-10). The taught X groups of S and N are sulfhydryl and amino groups respectfully (col. 8, lines 1-12; col. 11, lines 25-42). The ligands in column 11, lines 25-42 include those that contain both hydrogen Q groups and an alkyl group falls within the (-CH2-CH2)m in claim 2. Lines 7-34 in column 7 teaches the overcoating layer, or shell layer, can comprise Zn ions, Cd ions or Mg ions and thus the reference teaches the shell of claims 9 and 10. The reference suggests the claimed quantum dots.
Claims 1-5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application publication 2011/0220844.
The figures in paragraphs [0116], and [0120]-[0129] teaches a quantum dot having a dithiol ligand attached or coordinated thereto wherein the taught ligand has a formula that falls within that of claims 2, 5 and 8 (when n is 0). Pargraph [0117] teaches the polyethylene glycol containing group acts as a solubilizing group. Based on the teachings in paragraphs [0007], it is clear that the sulfur anion of the ligand bond with metal ions on the surface of the quantum dot. Paragraphs [0032], [0048], [0049], [0065] and [0077]-[0078] teach the taught quantum dot can have a core/shell structure and that the shell can contain metal ions, such as ions of zinc, cadmium, magnesium, manganese and iron. Thus, based on the teachings in the reference, the sulfur anion of the ligand can bond with the metal ions on the surface of the shell of the taught core/shell quantum dot. The taught ligand in paragraph [0116] contains both hydrogen Q groups and an alkyl group falls within the (-CH2-CH2)m in claim 2. The reference suggests the claimed quantum dots.
Claims 1-3, 5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application publication 2015/0236178.
This reference teaches a film comprising quantum dots having a ligand coordinated with material of the quantum dot, wherein the ligand has formula A or B. Both of these ligand formulas fall within that of formula in claims 2, 3 and 5 and ligands of formula A can fall within that of claim 8, when A1 and B1 are the same. Paragraph [0020] teaches the ligand of formula A can be a chelating ligand and form a closed ring structure connected with a metal atom on the surface of the quantum dot. One would expect this also to occur with the ligand having formula B since the end groups of both formula A and formula B both can contain the same coordinating groups of amine and either X1 and X2. Paragraph [0107] teaches the quantum dots can have a core/shell structure wherein the shell contains Zn or Zn and Cd atoms. Thus the reference teaches the amine and X1 or X2 connect to the zinc and/or cadmium ions in the shell. The reference suggests the claimed quantum dots.
Claims 1-3, 5, 9, 10, 13, 15, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent application publication 2020/0190400.
This reference teaches core/shell semiconducting light emitting nanoparticles, or quantum dots, having a ligand of the formula XYZ, wherein X is preferably two sulfhydryl groups linked with a propylene chain and coordinated with the surface of the shell and YZ read upon the claimed Q group since it contains hydrogen and alkyl groups that fall within the formula of claims 2 and 19 (para 16-17).The ligand having formula 1a meets the requirements of claims 3 and 20 in that it has both hydrogen Q groups and an alkyl group falls within the (-CH2-CH2)m or (-CH2-CH2(CH3)r. Paragraphs [0077] teaches the shell contains Zn ions. Tt is clear that the sulfur anion of the ligand bond with metal ions on the surface of the quantum dot. Paragraphs [0023] and [0121] teach a light-emitting device comprising the taught nanoparticles and paragraph [0125]-[0126] teaches display apparatus that contain the taught light-emitting device. Thus the reference suggests the claimed quantum dot, device and display apparatus.
Allowable Subject Matter
Claims 16 and 18 are allowed.
Claim 17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 11 and 12 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.
The claimed process comprising the step wherein a shell layer is formed on quantum dot core nanoparticles by replacing the first ligand on quantum dot core nanoparticles with metal ions is not taught nor suggested by the art of record.
There is no teaching or suggestion in the cited art of record of core/shell quantum dots comprising a chelating ligand connected to metal ions in the shell layer, wherein the chelating ligand has one of the formulas set forth in claim 6. There is no teaching or suggestion in the cited art of record of core/shell quantum dots comprising a chelating ligand connected to metal ions in the shell layer, wherein the chelating ligand and the metal ions form a closed ring structure connected with the shell layer and one end of the ligand, wherein the end faces away from the shell layer, is connected with at least one photoactive group (claim 11), such as a photoactive group comprising a tert-butyl carbamate group (the group in claim 12).
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.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
6/30/26
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