DETAILED ACTION
This correspondence is in response to the communications received April 27, 2026. Claims 1, 3-10 and 14-22 are under examination. Claims 11 and 12 continue to be withdrawn, with potential for rejoinder and allowance pending condition of allowance of elected claims. Claims 2 and 13 have been cancelled. Claims 20-22 have been newly added.
Response to Arguments
Claim 1:
Issue 1 halide amendment – The newly amended claim 1 language adjusts the claim language to a metal salt that is not a halide salt. In the Zhang reference, there are listed metals salts, which includes halide salt, and then various other metal salts. Zhang is still valid prior art, as the teaching addresses the limitation.
Issue 2 use of the term “precursor”
Zhang’s teaching of ¶ 0058, “Examples of the metal dopant precursors that can be used for preparing the core/shell nanocrystals disclosed herein include, but are not limited to: metal salts including halides, acetates, acetylacetonate or chalcogenides; and organic complex compounds.” Each element listed after “metal salts” in ¶ 0058 is a variety of metal salt. Applicant argues that “precursor” is not present in the final product. Examiner disagrees with the assessment of this term “precursor”. The term precursor is used in this context as meaning, parts that go into a final product. What would lead one to understand that the precursor is not in the final product? No evidence is available in the Zhang reference to support this asserted position of the precursor not being present in the final product.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Species II (II-VI material group) in the reply filed on December 24, 2025 is acknowledged. Claims 11 and 12 appear to be directed to materials of the III-V grouping. For that reason, claims 11 and 12 are potentially allowable after rejoinder, subject to allowance of all elected claims, so that examination is maintained under the elected restriction practice parameters. To reiterate the elected invention from the election dated December 24, 2025, Applicant has elected Species II which is directed to a nanocrystal particle based on a Group II-VI compound.
Claim Rejections - 35 USC § 112
Applicant’s amendments to claim 1 have overcome the previous 112b rejection which is hereby withdrawn.
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.
Claim 1 and the claims that depend therefrom 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. The newly amended claim 1 language of, “a metal salt other than a halide salt” renders the claim indefinite as the metes and bounds are unclear due to the open ended nature of the amendment. The specification supports metal salts that are alternatives to the halide salt in lines 13-16 of page 3 of Applicant’s specification, “The metal salt may include an inorganic metal salt including phosphate, nitrate, carbonate, or a combination thereof. The metal salt may include an organic metal salt and the organic metal salt may include a metal carboxylate, a metal thiolate, or a combination thereof.” As currently oriented, the open ended indefinite claim language would include any metal salt that is known in the art beyond materials which are supported by Applicant’s disclosure.
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, 3-10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2018/0216003) in view of Chen et al. (US 2017/0250317).
Regarding claim 1, the prior art of Zhang discloses a nanocrystal particle (see abstract, “… the present disclosure provides a core/shell nanocrystal comprising a core and a shell formed on the core, wherein the core/shell nanocrystal is co-doped with at least one metal dopant …”) comprising:
a core comprising a first semiconductor nanocrystal (¶ 0048, “A material for the core and/or shell can be any material known in the art for forming core/shell nano crystals, such as quantum dots. In other words, any semiconductor material can be used for the core and/or shell of the core/shell nanocrystals described in the present disclosure.”, ¶ 0049 discloses “the core material can be selected from the group consisting of … PbS, PbSe, PbTe”); and
a shell comprising a second semiconductor nanocrystal surrounding the core (¶ 0048, “A material for the core and/or shell can be any material known in the art for forming core/shell nano crystals, such as quantum dots.”, ¶ 0050 discloses the shell material which can be selected from many materials such as “PbS, PbSe, PbTe”),
wherein the nanocrystal particle comprises a Group IA element (¶ 0054, “Without limitations, any metal dopant can be used in the doping of the core/shell nanocrystals. Exemplary metal dopants include, but are not limited to, transition metals, precious metals, alkali metals, and mixtures thereof.”, where the Group IA is also known as “alkali metals”),
the Group IA element comprises lithium, sodium, potassium, rubidium, cesium, or a combination thereof (in the subsequent discussion of potential metal dopants which could be used in the nanoparticle, ¶ 0056 discloses, “… the metal dopant is an alkali metal. Exemplary alkali metals include, but are not limited to, lithium (Li), sodium (Na), potassium (K), rubidium (Rb), cesium (Cs) and francium (Fr).”), and
the Group IA element is present in the nanocrystal particle in a form of a metal salt other than a halide salt (Zhang shows in ¶ 0058, “Examples of the metal dopant precursors that can be used for preparing the core/shell nanocrystals disclosed herein include, but are not limited to: metal salts including halides, acetates, acetylacetonate or chalcogenides; and organic complex compounds.” Each element listed after “metal salts” in ¶ 0058 is a variety of metal salt. So Zhang shows various metal salts that are different than halide metal salts.), and
the shell comprises a Group II-VI compound (¶ 0048, 0050 discuss the shell material which can be selected from many materials such as PbS, PbSe, PbTe. The three materials listed are compounds that are from the Group IV-VI materials of the periodic table of elements).
One interpretation of the “first semiconductor nanocrystal” and “second semiconductor nanocrystal” is that these two materials are merely two separate physical entities and Zhang as presented above discloses this as presented above (a further single reference 103 rejection under Zhang, could be used to reject the following more narrow interpretation such as the one discussed below using a KSR rationale, but that is not expressed here). Further, an additional more narrow interpretation could be taken, which is that the “first semiconductor nanocrystal” and “second semiconductor nanocrystal” could be interpreted to mean that they are different semiconductor nanocrystal materials.
Chen discloses in ¶ 0028 that a core/shell quantum dot which is made of materials from the IV-VI group material system can be made of materials that differ within that system. For example, PbSe/PbS is disclosed, where PbSe is the core material and PbS is the shell material.
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use the “a core comprising a first semiconductor nanocrystal … a shell comprising a second semiconductor nanocrystal surrounding the core”, as disclosed by Chen in the system of Zhang, for the purpose of providing a material system for quantum dots made of a core and shell which can be used to alter an emitter’s wavelength to a particular chosen wavelength. G. TSM: Teaching, Suggestion, Motivation Test.
Regarding claim 3, Zhang discloses the nanocrystal particle of claim 1, wherein the metal salt comprises an inorganic metal salt comprising phosphate, nitrate, carbonate, or a combination thereof (as discussed in ¶ 0051, “Exemplary metal precursors for forming the core and/or the shell of the core/shell nanocrystals include, but are not limited to … a metal carbonate, a metal phosphate, a metal nitrate…”).
Regarding claim 4, Zhang discloses the nanocrystal particle of claim 1, wherein the metal salt comprises an organic metal salt (¶ 0051 discloses several organic metal salts).
Regarding claim 5, Zhang discloses the nanocrystal particle of claim 4, wherein the organic metal salt comprises a metal carboxylate, a metal thiolate, or a combination thereof (¶ 0051, discusses both of the metal precursors claimed).
Regarding claim 6, Zhang discloses the nanocrystal particle of claim 1, wherein the Group IA element is present in gaps of a crystal structure of the first semiconductor nanocrystal or is present inside an interstice between lattices of the first semiconductor nanocrystal (the definition of a “dopant” into a semiconductor crystalline material is that the dopant’s atoms get incorporated into the crystal lattice of the semiconductor material.).
Regarding claims 7-10, Zhang discloses the nanocrystal particle of claim 1,
(for claim 7) wherein the Group IA element is present in an amount of greater than or equal to about 0.05 mol and less than or equal to about 20 mol based on 100 mol of the first semiconductor nanocrystal (discussed in ¶ 0057),
(for claim 8) wherein the Group IA element is present in an amount of greater than or equal to about 0.03 parts by weight and less than or equal to about 20 parts by weight based on 100 parts by weight of the first semiconductor nanocrystal (discussed in ¶ 0057),
(for claim 9) wherein the Group IA element is present in an amount of greater than or equal to about 0.001 mol and less than or equal to about 20 mol based on 100 mol of the nanocrystal particle (discussed in ¶ 0057),
(for claim 10) wherein the Group IA element is present in an amount of greater than or equal to about 0.001 parts by weight and less than or equal to about 20 parts by weight based on 100 parts by weight of the nanocrystal particle (discussed in ¶ 0057).
It is understood that the use of either mol or parts by weight as compared to a whole weight of 100 mol or parts by weight, are normalized to percentage of weight.
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use the limitations as claimed in claims 7-10, for the purpose of providing a material system for quantum dots made of a core and shell which can be used to alter an emitter’s wavelength to a particular chosen wavelength. G. TSM: Teaching, Suggestion, Motivation Test.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)
Regarding claim 15, Zhang discloses the nanocrystal particle of claim 1, Zhang does not specify this feature with regard to the claimed core/shell material, so Zhang does not disclose,
“wherein the nanocrystal particle has a full width at half maximum of less than or equal to about 45 nanometers in its photoluminescent spectrum”.
Chen teaches that PbSe/PbS has full width half maximum at 40 nm, in ¶ 0028.
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use “wherein the nanocrystal particle has a full width at half maximum of less than or equal to about 45 nanometers in its photoluminescent spectrum”, in the system of Zhang as taught by Chen, for the purpose of providing a material system for quantum dots made of a core and shell which can be used to alter an emitter’s wavelength to a particular chosen wavelength. G. TSM: Teaching, Suggestion, Motivation Test.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2018/0216003) in view of Chen et al. (US 2017/0250317) in view of Steckel et al. (US 2016/0218252).
Regarding claim 16, Zhang does not disclose,
“the composite structure comprising:
a polymer matrix; and
the nanocrystal particle of claim 1 (Zhang et al. disclose all aspects of claim 1) dispersed in the polymer matrix”.
Steckel discloses in Fig. 8, provided above,
a composite structure (quantum dots 20 in resin 24 of a light emitting diode package, where the “composite structure” is interpreted to be the two aspects of 20 and 24) comprising:
a polymer matrix (24, ¶ 0043, “Matrix 24 may be a polymer …”); and
the nanocrystal particle of claim 1 (Zhang et al. disclose all aspects of claim 1) dispersed in the polymer matrix (quantum dots 20 are formed suspended within 24, ¶ 0043).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use,
“the composite structure comprising:
a polymer matrix; and
the nanocrystal particle of claim 1 (Zhang et al. disclose all aspects of claim 1) dispersed in the polymer matrix”, in the system of Zhang as taught by Steckel, for the purpose of providing a material system for quantum dots made of a core and shell which can be used to alter an emitter’s wavelength to a particular chosen wavelength. G. TSM: Teaching, Suggestion, Motivation Test.
Regarding claim 17, Zhang does not disclose a device where the discloses nanocrystal particle is utilized, so Zhang does not disclose
“a device comprising the nanocrystal particle of claim 1.”
Steckel discloses in Fig. 8, provided above,
a device comprising the nanocrystal particle of claim 1 (quantum dots 20 are the equivalent to the nanocrystal particles in claim 1, already addressed in claim 1, where 20 are located within resin 24 of a light emitting diode package, 24, ¶ 0043, “Matrix 24 may be a polymer …”, quantum dots 20 are formed suspended within 24, ¶ 0043).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use,
“a device comprising the nanocrystal particle of claim 1”,
in the system of Zhang as taught by Steckel, for the purpose of providing a material system for quantum dots made of a core and shell which can be used to alter an emitter’s wavelength to a particular chosen wavelength. G. TSM: Teaching, Suggestion, Motivation Test.
Regarding claim 18, Zhang in view of Steckel does disclose device of claim 17, and Steckel discloses in Fig 8, wherein the device comprises:
a light source (light emitting diode 36, ¶ 0041); and
a photoconversion layer (combination of quantum dots 20 and polymer matrix 24) disposed on the light source (20/24 disposed above 36),
wherein the photoconversion layer comprises the nanocrystal particle (quantum dots are the same elements as the previously disclosed nanocrystal particles).
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2018/0216003) in view of Chen et al. (US 2017/0250317) in view of Kahen et al. (US 7,777,233).
Regarding claim 17, Zhang does not disclose a device where the discloses nanocrystal particle is utilized, so Zhang does not disclose
“a device comprising the nanocrystal particle of claim 1.”
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Kahen discloses in Fig. 3, provided above,
a device comprising the nanocrystal particle of claim 1 (quantum dots 120 are shown to be inside of the layers which emit light 15 and between a top electrode 20 and a lower electrode 17, col. 12, lines 3-42).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use,
“a device comprising the nanocrystal particle of claim 1”,
in the system of Zhang as taught by Kahen, for the purpose of providing a material system for quantum dots made of a core and shell which can be used to alter an emitter’s wavelength to a particular chosen wavelength. G. TSM: Teaching, Suggestion, Motivation Test.
Regarding claim 19, Zhang in view of Kahen disclose device of claim 17, and Kahen discloses in Fig. 3, provided above,
wherein the device comprises a lower electrode, an upper electrode facing the lower electrode, and an emission layer between the lower electrode and the upper electrode, wherein the emission layer comprises the nanocrystal particle (quantum dots 120 are shown to be inside of the layer which emits light 33 of 15 and between a top electrode 20 and a lower electrode 17, col. 12, lines 3-42).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use,
“wherein the device comprises a lower electrode, an upper electrode facing the lower electrode, and an emission layer between the lower electrode and the upper electrode, wherein the emission layer comprises the nanocrystal particle”,
in the system of Zhang as taught by Kahen, for the purpose of providing a material system for quantum dots made of a core and shell which can be used to alter an emitter’s wavelength to a particular chosen wavelength. G. TSM: Teaching, Suggestion, Motivation Test.
Claim 1, 14 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2017/0040306) in view of Sun (US 2010/0062194) in view of Zhang et al. (US 2018/0216003).
Regarding claim 1, the prior art of Kim discloses a nanocrystal particle (quantum dots are discussed throughout the disclosure, including ¶ 0124. The “nanocrystal particle” will be addressed below in a combination rejection.) comprising:
a core comprising a first semiconductor nanocrystal (¶ 0124, phosphors and/or may include quantum dots such as red quantum does having CdSe cores and CdS/ZnS shells or InP cores and ZnSeS shells, or other red quantum dots and/or green quantum dots such as quantum dots having CdSe cores and CdS/ZnS shells, having InP cores and ZnSeS shells, or other green quantum dots.”); and
a shell comprising a second semiconductor nanocrystal surrounding the core (¶ 0124, phosphors and/or may include quantum dots such as red quantum does having CdSe cores and CdS/ZnS shells or InP cores and ZnSeS shells, or other red quantum dots and/or green quantum dots such as quantum dots having CdSe cores and CdS/ZnS shells, having InP cores and ZnSeS shells, or other green quantum dots.”),
the shell comprises a Group II-VI compound (¶ 0124, phosphors and/or may include quantum dots such as red quantum does having CdSe cores and CdS/ZnS shells or InP cores and ZnSeS shells, or other red quantum dots and/or green quantum dots such as quantum dots having CdSe cores and CdS/ZnS shells, having InP cores and ZnSeS shells, or other green quantum dots.” Where the shell material are three materials listed as compounds that are from the Group IV-VI materials of the periodic table of elements).
First, Kim does not disclose, wherein the quantum dot is specifically a, “nanocrystal particle”.
Sun discloses in ¶ 0024, “Semiconductor nano-particles, such as II-VI or III-V compound semiconductors, e.g. fluorescent quantum dots (QD).”
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use the limitation of, wherein the quantum dot is specifically a, “nanocrystal particle”, as disclosed by Sun in the system of Kim, for the purpose of providing evidence to show that the wavelength of the quantum dot for wavelength frequency design occurs in the nanometer scale, this is to be able to manipulate the color spectra of the quantum dot emission. G. TSM: Teaching, Suggestion, Motivation Test.
Second, Kim does not disclose, “wherein the nanocrystal particle comprises a Group IA element,
the Group IA element comprises lithium, sodium, potassium, rubidium, cesium, or a combination thereof, and
the Group IA element is present in the nanocrystal particle in a form of a metal salt other than a halide salt”.
Zhang discloses, wherein the nanocrystal particle comprises a Group IA element (¶ 0054, “Without limitations, any metal dopant can be used in the doping of the core/shell nanocrystals. Exemplary metal dopants include, but are not limited to, transition metals, precious metals, alkali metals, and mixtures thereof.”, where the Group IA is also known as “alkali metals”),
the Group IA element comprises lithium, sodium, potassium, rubidium, cesium, or a combination thereof (in the subsequent discussion of potential metal dopants which could be used in the nanoparticle, ¶ 0056 discloses, “… the metal dopant is an alkali metal. Exemplary alkali metals include, but are not limited to, lithium (Li), sodium (Na), potassium (K), rubidium (Rb), cesium (Cs) and francium (Fr).”), and
the Group IA element is present in the nanocrystal particle in a form of a metal salt other than a halide salt (Zhang shows in ¶ 0058, “Examples of the metal dopant precursors that can be used for preparing the core/shell nanocrystals disclosed herein include, but are not limited to: metal salts including halides, acetates, acetylacetonate or chalcogenides; and organic complex compounds.” So Zhang shows various metal salts that are different than halide metal salts.).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use the limitation of,
“wherein the nanocrystal particle comprises a Group IA element,
the Group IA element comprises lithium, sodium, potassium, rubidium, cesium, or a combination thereof, and
the Group IA element is present in the nanocrystal particle in a form of a metal salt other than a halide salt”, as disclosed by Zhang in the system of Kim, for the purpose of providing a material for use in aiding in the formation of the quantum dot core/shell particle and to further allow for tuning of the output wavelength spectra of the quantum dot particle. G. TSM: Teaching, Suggestion, Motivation Test.
Regarding claim 14, Kim et al. disclose the nanocrystal particle of claim 1, and Kim discloses,
“wherein
the Group II-VI compound comprises a binary element compound comprising CdSe, CdTe, ZnO, ZnS, ZnSe, ZnTe, HgS, HgSe, HgTe, MgSe, MgS, or a combination thereof; a ternary element compound comprising CdSeS, CdSeTe, CdSTe, ZnSeS, ZnSeTe, ZnSTe, HgSeS, HgSeTe, HgSTe, CdZnS, CdZnSe, CdZnTe, CdHgS, CdHgSe, CdHgTe, HgZnS, HgZnSe, HgZnTe, MgZnSe, MgZnS, or a combination thereof; or a quaternary element compound comprising HgZnTeS, CdZnSeS, CdZnSeTe, CdZnSTe, CdHgSeS, CdHgSeTe, CdHgSTe, HgZnSeS, HgZnSeTe, HgZnSTe, or a combination thereof (¶ 0124, phosphors and/or may include quantum dots such as red quantum does having CdSe cores and CdS/ZnS shells or InP cores and ZnSeS shells, or other red quantum dots and/or green quantum dots such as quantum dots having CdSe cores and CdS/ZnS shells, having InP cores and ZnSeS shells, or other green quantum dots.”),
Regarding claim 20, Kim et al. disclose the nanocrystal particle of claim 1, and Kim discloses, wherein the shell comprises ZnO, ZnS, ZnSe, ZnTe, MgSe, MgS, ZnSeS, ZnSeTe, ZnSTe, MgZnSe, MgZnS, or a combination thereof (¶ 0124, phosphors and/or may include quantum dots such as red quantum does having CdSe cores and CdS/ZnS shells or InP cores and ZnSeS shells, or other red quantum dots and/or green quantum dots such as quantum dots having CdSe cores and CdS/ZnS shells, having InP cores and ZnSeS shells, or other green quantum dots.”).
Regarding claim 21, Kim et al. disclose the nanocrystal particle of claim 1, and Kim discloses, wherein the shell comprises ZnSeS (¶ 0124, phosphors and/or may include quantum dots such as red quantum does having CdSe cores and CdS/ZnS shells or InP cores and ZnSeS shells, or other red quantum dots and/or green quantum dots such as quantum dots having CdSe cores and CdS/ZnS shells, having InP cores and ZnSeS shells, or other green quantum dots.”).
Regarding claim 22, the prior art of Kim discloses a nanocrystal particle (quantum dots are discussed throughout the disclosure, including ¶ 0124. The “nanocrystal particle” will be addressed below in a combination rejection.) comprising:
a core comprising a first semiconductor nanocrystal (¶ 0124, “other phosphors and/or may include quantum dots such as red quantum does having CdSe cores and CdS/ZnS shells or InP cores and ZnSeS shells, or other red quantum dots and/or green quantum dots such as quantum dots having CdSe cores and CdS/ZnS shells, having InP cores and ZnSeS shells, or other green quantum dots”); and
a shell comprising a second semiconductor nanocrystal surrounding the core (¶ 0124, “other phosphors and/or may include quantum dots such as red quantum does having CdSe cores and CdS/ZnS shells or InP cores and ZnSeS shells, or other red quantum dots and/or green quantum dots such as quantum dots having CdSe cores and CdS/ZnS shells, having InP cores and ZnSeS shells, or other green quantum dots”),
the shell comprises ZnSeS (As shown above the shell can be ZnSeS, ¶ 0124).
First, Kim does not disclose, wherein the quantum dot is specifically a, “nanocrystal particle”.
Sun discloses in ¶ 0024, “Semiconductor nano-particles, such as II-VI or III-V compound semiconductors, e.g. fluorescent quantum dots (QD).”
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use the limitation of, wherein the quantum dot is specifically a, “nanocrystal particle”, as disclosed by Sun in the system of Kim, for the purpose of providing evidence to show that the wavelength of the quantum dot for wavelength frequency design occurs in the nanometer scale, this is to be able to manipulate the color spectra of the quantum dot emission. G. TSM: Teaching, Suggestion, Motivation Test.
Second, Kim does not disclose, “wherein the nanocrystal particle comprises a Group IA element, the Group IA element comprises lithium, sodium, potassium, rubidium, cesium, or a combination thereof”.
Zhang discloses in ¶ 0056, the use of metal dopants of the variety listed, “the metal dopant is an alkali metal. Exemplary alkali metals include, but are not limited to, lithium (Li), sodium (Na), potassium (K), rubidium (Rb), cesium (Cs)”, which is for the purpose stated in ¶ 0054, “Without limitations, any metal dopant can be used in the doping of the core/shell nanocrystals.”
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use the feature of, “wherein the nanocrystal particle comprises a Group IA element, the Group IA element comprises lithium, sodium, potassium, rubidium, cesium, or a combination thereof”, as disclosed by Zhang in the system of Kim, for the purpose of allowing the designer to adjust the emission wavelength of the nanoparticle as desired. G. TSM: Teaching, Suggestion, Motivation Test.
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).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eduardo A Rodela whose telephone number is (571)272-8797. The examiner can normally be reached M-F, 8:30-5:00pm ET.
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/EDUARDO A RODELA/Primary Examiner, Art Unit 2893