Specification
The amendment filed 9 May 2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The addition to paragraphs [0013], [0048], [0076], [0123], [0149], [0175] and [0201] that the phenyl dithiocarbonate may be selected from but not limited to N-phenyldithiocarbamic acid trimethylsilyl ester and that the N-heterocyclic carbine may be selected from but not limited to 1,3-bis(2,4,6-trimethylphenyl)imidazole-2-ylidene.
The originally filed PCT application, filed 21 October 2022, only teaches the ligand as being selected from one of more phenyl dithiocarbamate and 1,3-dimethyl-4,5-disusbtitutes imidazole subunit N-heterocyclic carbine. The newly added ligand compositions are not found in the originally filed disclosure and thus are new matter.
Applicant is required to cancel the new matter in reply to this Office Action.
The disclosure is objected to because of the following informalities:
Paragraph [0020] teaches the quantum dot light-emitting layer is prepared by the quantum film above. It is unclear how the quantum dot light-emitting layer is prepared by the quantum film. The meaning of the abbreviations in paragraph [0021] for the anode materials should be provided so there is no confusion as to what materials are being disclosed. Appropriate correction is required.
Claim Objections
Claims 14 and 20 are objected to because of the following informalities: The word “further” should appear between “diode” and “comprising” in the phrase “the quantum dot light-emitting diode comprising” in claim 14 since the hole injection layer, hole transport layer and electron transport layer are additional layers in the diode defined in claim 13. The word “further” should appear between “method” and “comprising” in the phrase “the method comprising” in claim 20 since the processes of forming the hole injection layer, hole transport layer and electron transport layer are additional process steps to the process defined in claim 15. Appropriate correction is required.
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.
Claim 6 is 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 6 was amended, 9 May 2024, to teach that the phenyl dithiocarbonate is selected from N-phenyldithiocarbamic acid trimethylsilyl ester and that the N-heterocyclic carbine is selected from 1,3-bis(2,4,6-trimethylphenyl)imidazole-2-ylidene. The originally filed PCT application, filed 21 October 2022, only teaches the ligand as being selected from one of more phenyl dithiocarbamate and 1,3-dimethyl-4,5-disusbtitutes imidazole subunit N-heterocyclic carbine. The newly added ligand compositions are not found in the originally filed disclosure and thus are new matter.
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 1-20 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 1 and 15 teach, and claims 13 and 14 and dependent claims 2-12 and 16-20 implicitly teach, the surfaces of at least part of the first and second quantum dots are connected with a first ligand. It is unclear if thus means that the ligand connects the first and second quantum dots together or if this means that at least part of the surfaces of each of the first and second quantum dots have the first ligand attached thereto.
Claims 1-4 and 7-12 are indefinite since they define the composition of the ligand (claims 1-4 and 7-12) and quantum dots (claims 2-4) in terms of their properties. Thus the scope of these claims are unclear. Composition claims were held to be indefinite for being defined in terms of properties alone. Ex parte Spacht 165 USPQ 409 (PO BdPatApp 1969); Ex parte Slob 157 USPQ 172 (PO BdPatApp 1967); Ex parte Pulvari 157 USPQ 169 (PO BdPatApp 1966).
Claims 1-5 and 15-20 are indefinite as to how the first ligand or excitation delocalized ligands are configured to stack first excitons from the first quantum dots and second exciton from the second quantum dots. It is unclear what is the structure of the ligand and/or film that is adjusted, or changed, so as to allow the ligand to stack excitons. The process of claims 15-19 is that conventionally used to form the quantum dot light-emitting layer in QD-LEDs. Thus the claimed process does not appear to teach how the first ligand or excitation delocalized ligands are configured to stack first excitons from the first quantum dots and second exciton from the second quantum dots.
Claims 2-4 are indefinite as to how these claims relate to the quantum dot films of claim 1. These claims give properties of a QD-LED that contain the first or second quantum dot. There is no indication that the QD-LEDs of these claims contain the first ligand and the claimed properties do not give any guidance as to the compositions of the first and second quantum dots.
Claim 13 and 14 are indefinite as to what is meant by the quantum dot light light-emitting layer is prepared “by” the film of claim 1.
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
8/21/26
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