Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Specification
The disclosure is objected to because of the following informalities:
The specification teaches quantum dots having the taught ZnSe shell has a FWHM of 6-23 nm and quantum dots having the taught ZnSe shell and a ZnS shell on top has a FWHN of 6-29 nm. The FWHM of a quantum dot is determined not only by the composition and thickness of the shells, but also the composition of the inner core. The only inner core taught in the specification for quantum dots having FWHM values that fall within the taught ranges is in the examples and it is CdSe. It is unclear what other inner cores will produce quantum dots having FWHM values that fall within the taught ranges.
Applicants teaches the quantum dot has an average “solidity” of 0.8 or greater. The meaning of “solidity” is unclear, since it is not a conventional term used when describes the shape or size of quantum dots. Applicants state in paragraph [0088] that “solidity” can be calculated by the same method with reference to the definition described in CN 112442371 A, which is effectively incorporating the definition of “solidity” from a Chinese patent application, which means the definition is being incorporated by reference. This manner of defining the meaning of “solidity” is improper. The incorporation of essential material in the specification by reference to a foreign application or patent is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g). It is noted that CN 112442371 A defines the term "solidity” as the ratio of the area (B) of the two-dimensional region of the quantum dot relative to the area (A) of a complex hull, which may be defined as a minimum convex set of dots, wherein the set of all the dots constituting the two-dimensional image of a given quantum dot obtained by electron microscope analysis as depicted in figure 1 of the reference.
The specification is unclear what chain length applicants considers as a “long chain carboxylate”. The conventional definition for long chain carboxylates are carbon chains having 12 or more carbon atoms, but applicants defines “medium chain” as having 8-14 carbon atoms. This means applicants include chain lengths conventional considered as long chains in their definition for medium chain. This definition makes it unclear which chain length applicants considers as “long”. It is noted that while paragraphs [0098] and [0113] teach long chain as having 16-28 carbon atoms, this is taught as a preferred technical solution for one embodiment. Thus this teaching does not define the number of carbon atoms for all other long chain zinc carboxylates encompassed by the teachings in the specification. Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 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.
The claims teach long chain zinc carboxylates. It is unclear what number of carbon atoms applicants consider in the claimed long chain. The conventional definition for long chain carboxylates are carbon chains having 12 or more carbon atoms, but applicants defines “medium chain ” as having 8-14 carbon atoms. This means applicants include chain lengths conventional considered as long chains in their definition for medium chain. This definition makes it unclear which chain length applicants considers as “long”. Therefore the claims 1-8 and 9-20 are indefinite as to which chain length applicants considers as “long”.
Claim 3 is indefinite as to what is meant by “solidity” since there is no standard definition for this term in the art and it is not properly defined in the specification.
Claims 5 and 20 teach quantum dots having a FWHM of 6-23 nm or 6-29 nm. The FWHM of a quantum dot is determined not only by the composition and thickness of the shells, but also the composition of the inner core. The only inner core taught in the specification for quantum dots having FWHM values that fall within the taught ranges is in the examples and it is CdSe. Since it is unclear what other inner cores will produce quantum dots having FWHM values that fall within the taught ranges, claims 5 and 20 are indefinite as to the composition of the inner cores of the quantum dots of these claims.
Regarding claims 7-11, 13, 14 and 18, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 8 and 11 are indefinite since they teach the reaction medium comprises Vaseline, a trademark. If the trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of the 35 U.S.C. 112, second paragraph. Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. In fact, the value of a trademark would be lost to the extent that it became descriptive of a product, rather than used as an identification of a source or origin of a product. Thus, the use of a trademark or trade name in a claim to identify or describe a material or product would not only render a claim indefinite, but would also constitute an improper use of the trademark or trade name.
Claim 13 is indefinite as to what is carbon chain length range for “medium chain carboxylic acid”. The only chain length disclosed in the specification for “medium chain carboxylic acid” is 8-14 carbon atoms and this definition is found in dependent claim 14. Thus it is unclear what other chain lengths applicants considers as the length for medium chain carboxylic acids.
Allowable Subject Matter
Claims 1-20 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.
There is no teaching or suggestion in the cited art of record of a spherical quantum dot having a ZnSe shell of at least 4 monolayers thick and the quantum dot comprises a long chain zinc carboxylate ligand, a short chain carboxylate ligand and a branched chain zinc carboxylate ligand all attached thereto. Since the quantum dot is novel, compositions and devices comprising it are also novel.
There is no teaching or suggestion in the cited art of record of the claimed method of making a quantum dot having a ZnSe shell using a mixture of long chain zinc carboxylate, a short chain carboxylate and a branched chain zinc carboxylate as the zinc precursor.
The closest art of record is U.S. patent application publication 2023/0097120 which teaches producing a quantum dot having a ZnSe shell and a branched chain zinc carboxylate ligand attached thereto where the shell is produced by reacting a selenium source with the branched chain zinc carboxylate. There is no teaching or suggestion to include a long chain zinc carboxylate and a short chain carboxylate in addition to the branched chain zinc carboxylate during the shell formation step.
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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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.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
9/2/26
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