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 .
The preliminary amendment filed 3/7/2025 has been entered. Claims 2, 7, 9-10, 13-15, and 18 have been canceled. New claims 19-28 have been added. Claims 1, 3-6, 8, 11-12, 16-17, and 19-28 are pending in the application.
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.
Claim 3 is 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. Claim 3 recites, “The nanoparticle composite according to claim 1, wherein the ligand has a nanoparticle binding group that binds to the nanoparticle and a functional particle group that binds to the functional particles” (emphasis added). However, claim 1 recites “a functional particle” in singular form on line 1 and “the nanoparticle is surrounded by the functional particle” in singular form on line 2, such that claim 1 does not recite that the nanoparticle composite comprises the functional particle in a plurality and hence “the functional particles” as recited in claim 3 lacks clear antecedent basis.
Claim Interpretation
Consistent with MPEP § 2111, claims are given their broadest reasonable interpretation wherein “the meaning given to a claim term must be consistent with the ordinary and customary meaning of the term (unless the term has been given a special definition in the specification), and must be consistent with the use of the claim term in the specification and drawings. Further, the broadest reasonable interpretation of the claims must be consistent with the interpretation that those skilled in the art would reach. In re Cortright, 165 F.3d 1353, 1359, 49 USPQ2d 1464, 1468 (Fed. Cir. 1999).” However, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 f.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993.) It is also noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
For examination purposes with respect to prior art, it is noted that the claimed “functional particle” may be a nano-sized functional particle, e.g., a functional nanoparticle, while the claimed nanoparticle may be a nanoparticle with a given function or functionality, e.g., a “functional” nanoparticle when read in light of the present specification as filed. It is also noted that the claimed “having a structure in which the nanoparticle is surrounded by the functional particle” as recited in claim 1 has been interpreted as a structure comprising one or more (e.g., a plurality) of said functional particles when read in light of the present specification as filed. Lastly, it is noted that “a ligand” bound between the “nanoparticle” and the “functional particle” may be equated to two or more linking structures or ligands that reacted or bound together form the same overall structure as the claimed ligand taken alone (e.g., product-by-process limitation).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-6, 8, 12, 16-17, 19-24, and 26-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potreck (US2022/0177677A1). Potreck discloses a multicomponent system comprising a first particle or capsule (K1) and a second particle or capsule (K2), particularly a plurality of second particles or capsules (K2), connected to the first particle or capsule (K1), wherein the first particle or capsule (K1) has a first functional group provided with a first linker and/or the second particles or capsules (K2) are provided with a second functional group and a second linker such that the first functional group reacts with the second functional group or with the second particles or capsules (K2) and bonds them together and/or the second functional group reacts with the first functional group and/or the first particle or capsule (K1) and bonds them to one another (as in instant claims 1, 3-4, and 19-21), forming a multicomponent system as shown in Fig. 4 wherein the second particles or capsules (K2) are attached to and surround the first particle or capsule (K1); and given that the first and/or second capsules or particles may be nanocapsules or nanoparticles such as quantum dots (as in instant claims 12 and 26) or any conceivable form of nanoparticles such as oxides and semiconductor nanoparticles like ZnS, CdS, and ZnO (Entire document, particularly Abstract; Figs. 2-10; Paragraphs 0012, 0035, 0188-0284, and 0324-0327), Potreck anticipates instant claims 1, 3-4, 12, 19-21, and 26.
With respect to instant claims 5-6, 8, and 22-24, Potreck discloses that possible functional groups may be any of those recited in Paragraph 0092, such as thiols, amines, carboxylic acid and derivatives thereof, imines, imides, and amides (as in instant claims 6 and 23), and given that Potreck specifically discloses an embodiment wherein a first functional group (R1) may be primary amine group that reacts with a second functional carboxy group (R2) (thus monodentate as in instant claims 5 and 22, and also reading upon “carboxyl group” as in instant claims 8 and 24), the Examiner takes the position that Potreck discloses the claimed invention with sufficient specificity to anticipate instant claims 5-6, 8, and 22-24.
With respect to instant claims 16 and 27, Potreck discloses that the multicomponent capsule system can be used in liquid systems in the form of a dispersion (Paragraphs 0067, 0297), thereby anticipating instant claims 16 and 27.
With respect to instant claims 17 and 28, Potreck discloses that the multicomponent capsule system can be provided as a coating layer on a substrate (Paragraphs 0318-0326, 0413-0415), reading upon the claimed “film” and hence anticipating instant claims 17 and 28.
Claims 1, 3-6, 8, 11-12, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN108410447A, please refer to the attached machine translation for the below cited sections).
Li discloses a mesoporous silica nanocomposite comprising a mesoporous silica particle (“functional particle” as in instant claims 1 and 11) loaded with quantum dots (a “nanoparticle” as in instant claims 1 and 12) in the pores thereof, and the mesoporous silica is linked to the quantum dots via organic ligands (as in instant claim 1) having a hydroxyl or carboxyl group on one end to bind to the mesoporous silica (as in instant claims 3-4 and 8), and a thiol, amino, imine, or phosphooxy group on the other end to bind to the quantum dots (as in instant claims 3-4 and 6); wherein the organic ligands may be first connected to the silica to obtain modified mesoporous silica, and then the quantum dots are infused into the modified mesoporous silica, which surrounds the quantum dot(s) as shown in Fig.1 (as in instant claim 1), thereby binding the quantum dots to the organic ligands and thus binding the quantum dots to the mesoporous silica as in instant claim 1 (Entire document, particularly Paragraphs 0009-0019, 0024, 0052-0053, and 0057, Fig. 1). Hence, Li anticipates instant claims 1, 3-4, 6, 8, and 11-12.
With respect to instant claims 5 and 16, given that Li specifically discloses a working example utilizing 5-carboxy-1-pentanethiol as the organic ligand with the thiol group being a monodentate nanoparticle binding group as in instant claim 5, and the resulting nanocomposite material immersed into a solution (e.g., a dispersion solution) for forming a gold shell thereon (Examples), Li anticipates instant claims 5 and 16.
With respect to instant claim 17, Li discloses a display device comprising a color filter layer (e.g., film), wherein the color filter layer (film) comprises the quantum dot-loaded mesoporous silica nanocomposite material (Paragraph 0072), thereby reading upon the broadly claimed “film” of instant claim 17 and thus anticipating instant claim 17.
Claims 1, 3-4, 12, 16-17, 19-21, and 26-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naasani (US2006/0172133A1, with US2004/0009341A1 incorporated therein by reference). Naasani discloses a composition including clusters or aggregates (124, 136) of nanocrystals and/or nanoparticles (104, 108, 112), wherein the nanocrystals and/or nanoparticles can be the same or different and include a ligand coating that comprises one or more coating molecules (116, 118) operably linked with each nanocrystal or nanoparticles as shown in Fig. 1 (Entire document, particularly Abstract, Paragraphs 0042-0043, 0045, Fig. 1). Naasani discloses that the molecules (116, 118) can have reactive functionalities to link with target molecules, affinity molecules, or cross-linking agents; and that the coated nanocrystals and/or coated nanoparticles can aggregate (120) by adjusting the concentration of solvents that suspend the coated nanocrystals and/or nanoparticles as shown in Fig. 1 (Paragraphs 0013-0014 and 0044-0045). Naasani discloses that the suspended nanosized particles (104, 108, 112) aggregate to form a colloidal cluster (124) of the coated nanocrystals and/or coated nanoparticles (104, 108, 112) interacting or associated through their coating (Paragraphs 0020 and 0045, Fig. 1), particularly a colloidal cluster (124) or nanocrystal aggregate that includes more than 3 or more than 10 quantum dots or semiconductor nanocrystals (Paragraph 0046), that can then be crosslinked (126) via surface oriented crosslinking to form a crosslinked colloidal cluster or aggregate (136), such as by utilizing one or more crosslinking molecules (128) and/or (132), that can operably link the coated nanocrystals in the aggregate (124) together (Paragraphs 0013-0014 and 0044-0046). Naasani discloses that the crosslinking molecules (128) and/or (132) can be the same or different and can have reactive functionalities to link the aggregate (136) to one or more linking groups, affinity groups, target molecules, or a substrate (Paragraph 0045). Naasani discloses that in a preferred embodiment, nanocrystals and/or nanoparticles are coated by an imidazole ligand or imidazole mimicking ligand that bonds to the nanocrystal or nanoparticle via the imidazole or imidazole mimicking ligand, and that preferably the imidazole coated nanocrystals/nanoparticle or nanocrystals/nanoparticles coated by imidazole mimicking compound are those that can be linked (thus nanoparticles that are “functional” nanoparticles) to form the cluster by a compound, such as one or more organophosphine compounds, including but not limited to tris(hydroxy methyl)phosphine, amine crosslinking compounds, “or other cross linking compounds disclosed in U.S. Ser. No. 10/410,108, [i.e., US2004/0009341A1 to Naasani, hereinafter referred to as Naasani ‘341]…the contents of which are incorporated by reference in their entirety” (Paragraph 0044), so that the coating compounds do not require the nanocrystals and/or nanoparticles to be further functionalized with individual recognition groups that are complementary to each other, have recognition groups that are not complementary but bridged through a bispecific linker, or require a bivalent linker that recognizes the surface of one or more nanoparticles and is used for aggregation thereby simplifying the process (Entire document, particularly Paragraphs 0020, 0025-0028, and 0043-0045; see also Naasani ‘341, Abstract, Paragraphs 0035 and 0043-0047).
Hence, with respect to the claimed invention, Naasani discloses a nanoparticle composite comprising a nanoparticle (i.e., a first nanocrystal or nanoparticle), a ligand bound to the nanoparticle, and a functional particle (i.e., a second nanocrystal or nanoparticle different from the first) bound to the nanoparticle via the ligand, and given that Naasani clearly discloses a cluster or aggregate of multiple nanocrystals and/or nanoparticles such that at least one is “surrounded” by another or others as in instant claim 1, and the nanoparticle or nanocrystal is contained in the aggregate structure as in instant claim 19, with the ligands crosslinked such that the nanocrystals and/or nanoparticles or aggregate structure are bound to one another as in instant claims 3-4 or 20-21, the Examiner takes the position that Naasani discloses the claimed invention with sufficient specificity to anticipate instant claims 1, 3-4, and 19-21.
With respect to instant claims 12 and 26, as briefly noted above, Naasani specifically discloses nanocrystals that are fluorescent nanocrystals or quantum dots (Entire document, particularly Abstract, Paragraphs 0012, 0016, 0020, 0024-0027, 0043, and 0046), and that in embodiments of the invention, a “highly luminescent, chemically functionalized and water dispersible colloidal particle comprised of nanocrystals having a coating containing one or more imidazole groups…can include those where the cluster is comprised of two or more quantum dots such as but not limited to a Group II-VI semiconductor material (of which ZnS, and CdSe are non-limiting illustrative examples), a Group m-V semiconductor material (of which GaAs is a non-limiting illustrative example), a Group IV semiconductor nanocrystal, colloidal gold, silver, ferromagnetic, ferrimagnetic nanoparticles, or any combination of these particles” (Paragraph 0043). Hence, Naasani anticipates instant claims 12 and 26.
With respect to instant claims 16-17 and 27-28, Naasani discloses that the aggregates can be dispersed in a variety of organic solvents, mixtures of organic solvent and water, or in aqueous solutions (Paragraph 0017), thereby anticipating instant claims 16 and 27; and also discloses that the aggregates can be linked and/or provided on a sensor surface, a well plate, surface of a diode, a MEMS sensor, or other similar substrates for use in a detection system for detecting target or affinity molecules (Paragraphs 0053-0054), and given that Naasani specifically discloses an example wherein the nanocrystal clusters were placed on a sheet in well plates (Examples), thus forming a “film” thereon or a “film containing” the nanocrystal clusters, Naasani anticipates instant claims 16-17 and 27-28.
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 5-6, 8, 11, and 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Naasani, as applied above to claims 1, 3-4, 12, 16-17, 19-21, and 26-28, and further discussed below.
The teachings of Naasani are discussed in detail above (and incorporated herein by reference), wherein with respect to instant claims 5-6, 8, and 22-24, as discussed above, Naasani discloses that the organic coating is bound to the nanocrystal(s) by one or more imidazole groups (thus monodentate or multidentate, respectively), such as by utilizing histidine, carnosine, polyhistidine, polyimidazole, glycyl histidine or other similar imidazole containing compounds, or by utilizing thiazole, oxazole, pyrrole, thiophene, furan, pyridine, pyrimidine, pyrazine, triazine, triazole, thiophene, phthalocyanine, porphyrin, and their derivatives, or other imidazole-mimicking compound (Paragraphs 0015 and 0051); wherein the coated nanocrystals interact or associate through their coating layers to form an aggregate, and the aggregated nanocrystals may be crosslinked by one or more organophosphine compounds, such as tris(hydroxy methyl) phosphine, beta-[tris(hydroxymethyl)phosphino] propionic acid, any combination of these, or other suitable organophosphine compounds or other crosslinking agent as discussed in detail above (Paragraphs 0013-0015). Naasani also teaches that the aggregate may further comprise at least one functional group on the surface thereof such as but not limited to hydroxyl, thiol, amino, acetylenic, carboxyl, ester, amide, dicarboxylic, carboxamide selenol, hydrazide, aldehyde, or combinations of any of these (Paragraph 0017); and given that Naasani does not limit the nanoparticles and/or nanocrystals to any particular material wherein the nanoparticles and/or nanocrystals may be semiconductors, metallic, magnetic, or ceramic materials, and the nanocrystals can be quantum dots “chosen from an inorganic material such as but not limited to a Group II-VI semiconductor material (of which ZnS, and CdSe are illustrative examples), a Group III-V semiconductor material (of which GaAs is an illustrative example), a Group IV semiconductor material, colloidal gold, silver, ferromagnetic, ferrimagnetic nanoparticles, or a combination these” (Paragraphs 0026-0028 and 0049-0052), the Examiner takes the position that absent any clear showing of criticality and/or unexpected results, the claimed invention as recited in instant claims 5-6, 8, and 22-24 would have been obvious over the teachings of Naasani given that one having ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to utilize any functional group(s) as taught by Naasani or motivated to determine the optimum functional group to bind to a particular nanoparticle and/or nanocrystal for a desired end use of the colloidal aggregates or clusters taught by Naasani.
With respect to instant claims 11 and 25, it is again noted that Naasani does not limit the material of the nanoparticles and/or nanocrystals, which as noted above may be semiconductors, metallic, magnetic, or ceramic materials, to produce the colloidal aggregates or colloidal cluster that are water dispersible (Paragraphs 0024 and 0050); and generally teaches that the term nanocrystal refers to an inorganic crystallite having a largest dimension of from between about 1 nm and about 1000 nm, including doped metal oxides (Paragraph 0048), with incorporated Naasani ‘341 further teaching that it is known to utilize a coating of silica around semiconductor nanocrystals with a mercapto-based linker (Naasani ‘341: Paragraph 0010); and given that silica is an obvious species of ceramic material and/or inorganic crystallite material in the art, particularly with respect to combining with quantum dots to provide known protection or stability to the quantum dots (as evidenced by Li, discussed above, see particularly Paragraph 0030; or Minamizawa, JP2021182025A, Abstract, also recited on the IDS dated 4/17/2025, which teaches coating quantum dots with a layer of silica for dispersibility in an organic solvent or resin; or the attached Mikrajuddin, Stable photoluminescence of zinc oxide quantum dots in silica nanoparticles matrix prepared by the combined sol–gel and spray drying method, which teaches clusters or nanocomposites of quantum dots with silica nanoparticles; or Rosenzweig, US2010/0112716A1, which teaches that it is known to utilize silica to stabilized quantum dots, Entire document, particularly Paragraphs 0007, 0023-0025, 0028-0029, 0064, and 0077; or either of Zhang, Fabrication of SiO2 Beads with High Concentrated Hydrophobic CdSe/CdxZn1-xS Quantum Dots Using Functional Alkoxides, or Zhou, Preparation of silica encapsulated CdSe quantum dots in aqueous solution with the improved optical properties, which similarly teaches the use of silica to encapsulate and stabilize quantum dots), the Examiner takes the position that absent any clear showing of criticality and/or unexpected results, the claimed invention as recited in instant claims 11 and 25 would have been obvious over the teachings of Naasani given that one having ordinary skill in the art would have been motivated to utilize any of the materials taught by Naasani or any combination thereof for the nanocrystals and/or nanoparticles based upon the intended end use of the colloidal clusters.
Citation of pertinent prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sun (US2014/0077121A1) discloses asymmetric nanoparticles and nanoassemblies or clusters formed by selective surface modification to deposit chemical linker molecules onto A-nanoparticles anchored on the surface of Fe3O4-SiO2 core-shell colloidal substrates and then bonding B-nanoparticles onto the A-nanoparticles through the formation of specific bonding between the linker molecules and the B-nanoparticles, wherein the A-nanoparticles or seed particles may be semiconductors such as CdSe and CdS. Peng (US2006/0014040A1) discloses semiconductor nanocrystal complexes comprising a semiconductor nanocrystal core (10) and a metal layer (20) formed on the outer surface of particles of one or more metals that may be present as particles as shown in Fig. 1, wherein the semiconductor nanocrystal core 10 and metal layer 20 may be grown by the pyrolysis of organometallic precursors in a chelating ligand solution or by an exchange reaction using the prerequisite salts in a chelating ligand solution, wherein the chelating ligands have an affinity moiety for the metal layer. Potreck (US2022/0186088A1, hereinafter referred to as Potreck ‘088) teaches a similar multicomponent system as taught by Potreck comprising a plurality of capsules and/or particles, such as nanocapsules or nanoparticles, linked to one another via linkers and functional groups.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE R JACKSON whose telephone number is (571)272-1508. The examiner can normally be reached Mondays-Thursdays from 10:00AM-5:00PM.
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/MONIQUE R JACKSON/Primary Examiner, Art Unit 1787
