DETAILED ACTION
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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The instant claims contain the transitional phrase “comprising”. Per MPEP 2111.03 ‘The transitional term “comprising”, which is synonymous with “including,” “containing,” or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps'. This open-ended definition has been taken into consideration in the following rejections.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2012/0175588 A1 to Qiao et al. (hereinafter Qiao).
Regarding claim 1, Qiao discloses a quantum dot (para [0032]) comprising:
a core structure, wherein a material of the core structure is selected from a group comprising one or more of CdSe (para [0043]) and ZnCdSe (mixture of CdSe and ZnSe, para [0043]); and
a shell structure, wrapping the core structure (para [0044]) that is doped with a material selected from transition metals (para [0057]), which includes molybdenum dopant ions (para [0038]).
It would be obvious to one of ordinary skill in the art to select a core from the group comprising one or more of CdSe and ZnCdSe (mixture of CdSe and ZnSe) as they are preferred core materials (para [0043]). It would also be obvious to select Mo as the dopant to control the emission of the quantum dot (para [0032] and [0034]).
Regarding claim 2, Qiao discloses the quantum dot according to claim 1, wherein a material of the shell structure is selected from one or more of ZnS, ZnCdS, ZnS/ZnS, ZnS/ZnCdS, ZnSe/ZnS/ZnS, ZnSe/ZnS/ZnCdS, ZnCdSe/ZnS, ZnCdSe/ZnCdS, ZnSe/ZnSe/ZnS, ZnSe/ZnSe/ZnCdS, ZnCdSe/ZnCdSe/ZnS, and ZnCdSe/ZnCdSe/ZnCdS as the reference teaches that the quantum dot may contain multiple shells (para [0044] and [0058]) comprising ZnS, ZnSe, CdS, CdSe and mixtures thereof (para [0043]-[0044]). Also see para [0058]) which expressly recites ZnSe/ZnS shells.
Regarding claim 3, Qiao discloses the quantum dot according to claim 1,
wherein the shell structure is a single shell layer or multiple shell layers [para [0079], at least one shell), and one shell layer or multiple shell layers of the shell structure are doped with the molybdenum ions (para [0056], shell-doped).
Regarding claims 4-6, Qiao discloses the quantum dot according to claim 3.
Claims 4-6 are product by process claims. It is noted that Qiao does not explicitly teach the claimed process as written, however, MPEP 2113 states “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).
MPEP 2113 also states “The structure implied by the process steps should be considered when assessing the patentability of product-by-process claims over the prior art, especially where the product can only be defined by the process steps by which the product is made, or where the manufacturing process steps would be expected to impart distinctive structural characteristics to the final product. See, e.g., In re Garnero, 412 F.2d 276, 279, 162 USPQ 221, 223 (CCPA 1979)”. In the instant case, it is found that the instantly claimed process of making the claimed product does not impart any structural or functional characteristics to the claimed product.
The limitations directed to the method for producing the claimed composition are not considered to add patentable weight to the examination of the product claims. It is well settled that if the examiner can find a product in the prior art that is the same or so similar as to have been obvious, the burden can be shifted to the applicant to demonstrate that the process for producing the composition somehow imparts a patentable distinction to the composition under examination.
Regarding claim 7, Qiao discloses the quantum dot according to claim 1, wherein a structural composition of the quantum dot is selected from one of the following because the shell is doped with Mo, as discussed above:
(a) the quantum dot is CdSe/ZnMoS, the core structure of the quantum dot is
CdSe, and the shell structure of the quantum dot is ZnMoS for CdSe/ZnS (para [0048] and [0058]) ;
(b) the quantum dot is CdSe/ZnCdMoS, the core structure of the quantum dot is
CdSe, and the shell structure of the quantum dot is ZnCdMoS for CdSe/ZnCdS (para [0043],mixtures of ZnS and CdS, as discussed above);
(c) the quantum dot is CdSe/ZnMoS/ZnS, the core structure of the quantum dot
is CdSe, and the shell structure of the quantum dot is ZnMoS/ZnS (para [0055], when the second and third semiconductors are both ZnS);
(d) the quantum dot is CdSe/ZnMoS/ZnCdS, the core structure of the quantum
dot is CdSe, and the shell structure of the quantum dot is ZnMoS/ZnCdS(para [0043],mixtures of ZnS and CdS, as discussed above);
(e) the quantum dot is CdSe/ZnSe/ZnMoS/ZnS, the core structure of the quantum dot is CdSe, and the shell structure of the quantum dot is ZnSe/ZnMoS/ZnS;
(f) the quantum dot is CdSe/ZnSe/ZnMoS/ZnCdS, the core structure of the
quantum dot is CdSe, and the shell structure of the quantum dot is ZnSe/ZnMoS/ZnCdS;
(g) the quantum dot is ZnCdSe/ZnMoSe/ZnSe/ZnS, the core structure of the
quantum dot is ZnCdSe, and the shell structure of the quantum dot is
ZnMoSe/ZnSe/ZnS;
(h) the quantum dot is ZnCdSe/ZnMoSe/ZnSe/ZnCdS, the core structure of the
quantum dot is ZnCdSe, and the shell structure of the quantum dot is ZnMoSe/ZnSe/ZnCdS,
(i) the quantum dot is ZnCdSe/ZnCdSe/ZnCdMoS/ZnS, the core structure of the
quantum dot is ZnCdSe, and the shell structure of the quantum dot is
ZnCdSe/ZnCdMoS/ZnS (para [0043], [0048], and [0055]).
Compositions e-i are multilayered combinations of the aforementioned core/shell structures as discussed in para [0043], [0048], and [0055]). Note that para [0058]) shows the location of the dopant in the shell, for example ZnSe/ZnMSe/ZnS where M is the dopant. For a Mo dopant, this shell structure is ZnSe/ZnMoeSe/ZnS. This dopant placement is the dopant placement set forth in the instantly claimed structural compositions.
Regarding claim 8, Qiao discloses the quantum dot according to claim 1, wherein an average particle size of the core structure of the quantum dot is about 1-10 nm (para [0047]), which overlaps the instantly claimed range of 3 nm-10 nm, and a thickness of the shell structure of the quantum dot is about 1 to 100 nm (para [0047]), which overlaps the instantly claimed range of less than 10 nm. See MPEP 2144.05(I), which states that ‘In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists’.
Regarding claim 9, Qiao discloses a preparation method for a quantum dot comprising:
providing a core structure solution comprising a core structure selected from one
or more of CdSe (para [0043]) and ZnCdSe (mixture of CdSe and ZnSe, para [0043])
providing a shell structure precursor solution, wherein the shell structure
precursor solution comprises a shell structure precursor and a dopant precursor, wherein the dopant is selected from a group including a molybdenum precursor (para [0038]); and
mixing and reacting the shell structure precursor solution with the core structure
solution, in order to form a shell structure doped with molybdenum ions on a surface
of the core structure to obtain the quantum dot. (para [0046]).
Regarding claim 10, Qiao discloses the preparation method according to claim 9, wherein the material of the shell structure is selected from one or more of ZnS, ZnCdS, ZnS/ZnS, ZnS/ZnCdS, ZnSe/ZnS/ZnS, ZnSe/ZnS/ZnCdS, ZnCdSe/ZnS, ZnCdSe/ZnCdS, ZnSe/ZnSe/ZnS, ZnSe/ZnSe/ZnCdS, ZnCdSe/ZnCdSe/ZnS and ZnCdSe/ZnCdSe/ZnCdS (para [0042]-[0044], II-VI materials selected from a group comprising ZnS, ZnSe, CdS, CdSe and mixtures thereof).
Regarding claim 11, Qiao discloses the preparation method according to claim 9, wherein the (first) shell structure precursor comprises a first cationic precursor and a
first anionic precursor (para [0038] and [0042]), the first cationic precursor comprises one or more of a zinc precursor and a cadmium precursor (Zn,Cd, para [0042]), and the first anionic precursor comprises one or more of a selenium precursor and a sulfur precursor (Se,S para [0038]); and
a molar mass ratio of the molybdenum (dopant) precursor to the first anionic precursor is 0:100 (para [0059]), which overlaps the instantly claimed range of less than 1:100. See MPEP 2144.05(I), cited above.
Regarding claim 12, Qiao discloses the preparation method according to claim 9, wherein the shell structure precursor solution (para [0046]) comprises a first shell structure (second semiconductor, para [0053]) precursor solution to an N-th shell structure precursor solution (para [0055]), wherein N is an integer greater than 1 (3 or more), and one or more of the first shell structure precursor solution to the N-th shell (third and additional) structure precursor solution comprise the molybdenum ions (para [0053]).
Regarding claim 13, Qiao discloses the preparation method according to claim 12, wherein a step of mixing and reacting the shell structure precursor solution with the core structure solution comprises mixing the first shell structure precursor solution to the N-th shell structure precursor solution with the core structure solution sequentially (para [0053]).
Regarding claim 14, Qiao discloses the preparation method according to claim 12, wherein the first shell (second semiconductor) structure precursor solution to the
N-th shell (third and additional, para [0053]) structure precursor solution independently comprise a second cationic precursor and a second anionic precursor, and the second cationic precursor comprises the zinc precursor and the cadmium precursor, and the second anionic precursor comprises one or more of the selenium precursor and the sulfur precursor (para [0048]) to form a shell comprising mixture of ZnS, ZnSe, CdS and/or CdSe.
Regarding claim 15, Qiao discloses the preparation method according to claim 14, wherein in the first shell structure precursor solution to the N-th shell (third and additional, para [0053]) structure precursor solution, a molar mass ratio of the molybdenum precursor to the second (each) anionic precursor is 0:100 (para [0059]), which overlaps the instantly claimed range of less than 1:100 for each shell structure precursor solution comprising the molybdenum (dopant) precursor. Each shell can be doped with same or different amounts of dopants to provide radially doped nanocrystals (para [0056]). See MPEP 2144.05(I), cited above.
Regarding claim 16, Qiao discloses the preparation method according to claim 11, wherein the cation precursors are selected from metal acetates, halides, stearates, myristates (para [0040], and oleates (para [0116]), with preferred zinc precursors is selected from one or more of zinc acetate, zinc stearate, zinc myristate (para [0041, and zinc oleate (para [0116]); when the metal is cadmium the cadmium precursor is selected from one or more of cadmium acetate, cadmium chloride, cadmium oleate, and cadmium stearate and cadmium diethyldithiocarbamate; the selenium precursor is selected from one or more of TBP-Se, ODE-Se (para [0189]) and a suspension of Se; and the sulfur precursor is a suspension of S (para [0188]).
The reference recites a copper chloride dopant precursor in combination with a zinc chloride cation precursor (para [0094] and [0105]). Qiao also recites a manganese stearate dopant precursor to dope ZnSe (para [0139]- [0141]). The reference recites a Mo dopant {0038]) but does not further disclose the molybdenum precursor, particularly when the molybdenum precursor is selected from one or more of molybdenum oleate, molybdenum laurate, and molybdenum myristate.
However, it would be obvious to one of ordinary skill in the art to select one or more of molybdenum oleate, molybdenum laurate, and molybdenum myristate as precursors when doping zinc, because zinc oleate and zinc myristate are preferred zinc precursors (para[0040] and [0116]). Using compatible precursors is expected to facilitate complete dissolution and uniform mixing, thereby optimizing the efficiency of making quantum dots (para [0017]).
Regarding claim 17, Qiao discloses the preparation method according to claim 11, wherein the core structure solution is obtained through steps as followed:
providing a first precursor solution comprising a third cationic precursor (CdO), a
ligand (stearic acid), and a solvent (ODE));
heating the first precursor solution to a preset temperature, wherein the preset
temperature is 280°C (para [0189]), which overlaps the instantly claimed range of 280°C-300°C;
providing a second precursor solution comprising the selenium precursor; and
mixing the second precursor solution with the first precursor solution to perform
a first reaction stage (page [0189]). See MPEP 2144.05(I), cited above.
Regarding claim 18, Qiao discloses the preparation method according to claim 17, wherein the third cationic precursor comprises the cadmium precursor (CdO), and the core structure solution is obtained through the first reaction stage (para [0189]); in the first reaction stage, a molar mass ratio of the cadmium precursor to the selenium precursor is 1:1 in CdSe (para [0188]), which overlaps the instantly claimed range of 1:0.1-1:10. See MPEP 2144.05(I), cited above.
Regarding claim 19, Qiao discloses the preparation method according to claim 17, wherein the third (shell) cationic precursor comprises the zinc precursor (para [0190]), and after the first reaction stage, the preparation method further comprises: adding the cadmium precursor and performing a second reaction stage to obtain the core structure solution (para [0189]-[0190]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Qiao in view of US 2012/0138894 A1 to Qian et al. (hereinafter Qian).
Regarding claim 20, Qiao discloses a photoelectric device, such as an LED (para [0052]), comprising:
a quantum dot light-emitting layer (emitter, para [0052]);
wherein the quantum dot light-emitting layer is made of a quantum dot that
comprises:
a core structure, wherein a material of the core structure is selected from a group comprising one or more of CdSe (para [0043]) and ZnCdSe (mixture of CdSe and ZnSe, para [0043]); and
a shell structure, wrapping the core structure (para [0044]) that is doped with a material selected from transition metals (para [0057]), which includes molybdenum dopant ions (para [0038]).
It would be obvious to one of ordinary skill in the art to select a core from the group comprising one or more of CdSe and ZnCdSe (mixture of CdSe and ZnSe) as they are preferred core materials (para [0043]). It would also be obvious to select Mo as the dopant to control the emission of the quantum dot (para [0032] and [0034]).
The reference discloses a device but does not expressly recite the device comprising an anode, the quantum dot light-emitting layer and a cathode sequentially disposed in a stack.
However, Qian does teach a light emitting device, a light emitting diode, comprising a light emitting layer containing core/shell II-VI quantum dots (para [0007]), wherein the device comprises an anode, a quantum dot light-emitting layer and a cathode sequentially disposed in a stack (Fig. 1 and para [0018]).
It would be obvious to one of ordinary skill in the art to include an anode, the quantum dot light-emitting layer and a cathode sequentially disposed in a stack as set forth in Qian in the Qiao LED to provide electrons to operate the LED (Qian, para [0018]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE EDMONDSON whose telephone number is (571)272-2678. The examiner can normally be reached M-F 10-6:30.
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.
/L.E./Examiner, Art Unit 1734
/Matthew E. Hoban/Primary Examiner, Art Unit 1734
