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 .
2. This office action is responsive to the application Nº 18/977,098 filed on December 11th, 2024 in which claims 1-20 are pending and ready for examination.
Information Disclosure Statement
3. Acknowledgment is made of Applicant’s Information Disclosure Statement (IDS) form PTO-1449. These IDS have been considered.
Drawings
4. The examiner contends that the drawings submitted on 12/11/2024 are acceptable for examination proceedings.
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
6. A timely filed terminal disclaimer in compliance with 37 CFR 1.321© or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
7. The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07€ and 714.13.
8. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
9. Claims 1-12, 14-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-3, 6-8, 10-13 and 15-16 of U.S. Patent Nº 12/202,993 to Pschenitzka et al. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are essentially directed to the same subject matter.
The table below shows how the claims are anticipated:
U.S. Patent Nº 12/202,993:
Instant application Nº 18/977,098:
10.
A method of forming a quantum dot material, comprising: depositing a print material onto a substrate, the print material comprising: a first polymerization initiator that is a photoinitiator; a second polymerization initiator that is a thermal initiator; a vinylic monomer; a polyfunctional monomer; and quantum dots; and subsequently processing the deposited print material; and
scattering particles
1.
A method of forming a light-emitting device, comprising: depositing a print material onto a substrate, the print material comprising: a polymerization photoinitiator; a polymerization thermal initiator; a curable material; and quantum dots; and subsequently processing the deposited print material.
4.
The method of claim 1, wherein the print material further comprises
scattering particles.
11.
The method of claim 10,
wherein subsequently processing the deposited print material further comprises performing a thermal curing process on the substrate at a curing temperature of not less than 500 Celsius and not more than 100* Celsius.
wherein subsequently processing the deposited print material further comprises performing a thermal curing process on the substrate at a curing temperature of not less than 50° Celsius and not more than 100* Celsius.
The method of claim 1,
wherein subsequently processing the deposited print material further comprises performing a thermal curing process on the substrate at a curing temperature of not less than 50° Celsius and not more than 100° Celsius.
3.
The method of claim 2,
wherein a temperature of the thermal curing process is not less than 65° and not more than 85° Celsius.
12.
The method of claim 11, wherein the subsequent processing of the print material further comprises retaining at least 85% of an initial mass of the print material after the subsequent processing of the print material.
5.
The method of claim 2, wherein subsequently processing the print material further comprises retaining at least 85% of an initial mass of the print material after the subsequent processing of the print material.
8.
The print material of claim 1, wherein the first polymerization initiator is selected from the group consisting of AIBN, AICN, t-amyl
peroxybenzoate butyl peracetate, t-butyl peroxybenzoate, 2,2 bis(t-butylperoxy) butan
and 2,4 pentanedione peroxide.
6.
The method of claim 1, wherein the polymerization photoinitiator is selected from the group consisting of AIBN, AICN, t amyl peroxybenzoate, t-butyl peracetate, t-butyl peroxybenzoate, 2,2 bis(t-butylperoxy) butane, and 2,4 pentanedione peroxide.
13.
The method of claim 11,
wherein subsequently processing the deposited print material further comprises performing a photo-curing process using an ultra-violet (UV) light source.
7.
The method of claim 2,
wherein subsequently processing the deposited print material further comprises exposing the deposited print material to UV radiation.
7.
The print material of claim 1, further comprising a (poly)alkylene phosphate dispersant material.
8.
The method of claim 1, wherein the curable material comprises pentaerythritol tetraacrylate and a (poly)alkylene phosphate dispersant.
2.
The print material of claim 1, wherein the curable material includes at least one tetrafunctional cross-linker.
9.
The method of claim 1, wherein the curable material comprises a (meth)acrylate and a tetrafunctional cross-linker.
10.
A method of forming a quantum dot material, comprising: depositing a print material onto a substrate, the print material comprising: a first polymerization initiator that is a photoinitiator; a second polymerization initiator that is a thermal initiator; a vinylic monomer; a polyfunctional monomer; scattering particles; and quantum dots; and subsequently processing the deposited print material.
10.
A method of forming a light-emitting device, comprising: depositing a print material onto a substrate, the print material comprising: a polymerization photoinitiator;
a polymerization thermal initiator; a curable material; scattering particles; and quantum dots; and subsequently performing a photo-curing process and a thermal curing process on the deposited print material.
16.
The method of claim 10, wherein the photoinitiator is an azo compound and the thermal initiator is a peroxide.
11.
The method of claim 10, wherein the photoinitiator is an azo compound and the thermal initiator is a peroxide.
15.
The method of claim 14, wherein the photo-curing process comprises exposing the print material to a UV radiation dose of at least 1.5 J/cm2 and not more than 6 J/cm2 over a duration of not more than 60 minutes.
12.
The method of claim 10, wherein the photo-curing process comprises exposing the print material to a UV radiation dose of at least 1.5 J/cm2 and not more than 6 J/cm2 over a duration of not more than 60 minutes.
3.
The print material of claim 1, wherein the curable material comprises pentaerythritol tetraacrylate.
14.
The method of claim 10, wherein the curable material comprises a di(meth)acrylate and a tetraacrylate.
6.
The print material of claim 1,
wherein the scattering particles are 0.1-10 weight percent of a total weight of the print material; and the quantum dots are 10-35 weight percent of the total weight.
15.
The method of claim 10,
wherein the scattering particles are 0.1-10 weight percent of the print material and the quantum dots are 10-35 weight percent of the print material.
10.
A method of forming a quantum dot material, comprising:
depositing a print material onto a substrate, the print material comprising: a first polymerization initiator that is a photoinitiator; a second polymerization initiator that is a thermal initiator; a vinylic monomer; a polyfunctional monomer; scattering particles; and quantum dots; and subsequently processing the deposited print material.
17.
A method of forming a light-emitting device, comprising:
depositing a print material onto a top surface of a substrate, the print material comprising: a polymerization photoinitiator; a polymerization thermal initiator; a curable material; scattering particles; and quantum dots; and subsequently performing a photo-curing process and a thermal curing process on the deposited print material.
7.
The print material of claim 1, further comprising a (poly)alkylene phosphate dispersant material.
18.
The method of claim 17, wherein the print material further comprises a dispersant.
11.
The method of claim 10, wherein subsequently processing the deposited print material further comprises performing a thermal curing process on the substrate at a curing temperature of not less than 500 Celsius and not more than 100* Celsius.
19.
The method of claim 17, wherein processing the applied print material on the top surface of the substrate further comprises heating the print material to a curing temperature of not less than 65° Celsius and not more than 85° Celsius.
15.
The method of claim 14, wherein the photo-curing process comprises exposing the print material to a UV radiation dose of at least 1.5 J/cm2 and not more than 6 J/cm2 over a duration of not more than 60 minutes.
20.
The method of claim 19, wherein the photo-curing process comprises exposing the applied print material to a cumulative UV radiation flux of at least 1.5 J/cm2 and not more than 6 J/cm2 over a duration of not more than 60 minutes.
10. Claims 13 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17 and 31 of U.S. Patent Nº 11,155,728 also to Pschenitzka et al. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are essentially directed to the same subject matter.
Allowable Subject Matter
11. Claims 1-20 will be allowable, provided that the Double Patenting rejections are overcome.
Conclusion
12. The prior arts made of record and not relied upon is considered pertinent to applicant's disclosure.
13. U.S. Patent publication number 6,461,419 to Wu et al. disclosed a similar invention in the abstract.
14. U.S. Patent application publication number 2011/0008547 to Grant et al. disclosed a similar invention in Fig. 1.
15. U.S. Patent application publication number 2017/0010398 to Ishikawa et al. also disclosed a similar invention in the abstract.
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAOVI M. AMEH whose telephone number is (571)272-4578. The examiner can normally be reached M-F: 9:00 AM - 6:00 PM.
17. 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.
18. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RICARDO MAGALLANES can be reached at (571)272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YAOVI M AMEH/Primary Examiner, Art Unit 2853
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