DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 02, 2026 has been entered.
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 14 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.
As to claim 14, the limitation “a portion of the contact area” fails to specify which of the two “a contact areas” is being referred to. Thus, the limitation renders the claims indefinite and clarification is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4, 6, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2008/0116473 A1 to Sugiyama (“Sugiyama”) in view of U.S. Patent Application Publication No. 2017/0345984 A1 to Yamashita (“Yamashita”) and U.S. Patent Application Publication No. 2015/0077972 A1 to Sugiyama et al. (“Sugiyama2”). As to claim 1, although Sugiyama discloses a light-emitting device, comprising: a light-emitting element (4); a wavelength conversion member (9) that includes a fluorescent layer (phosphor), takes in, light that is emitted from the light-emitting element (4), and converts a wavelength in the fluorescent layer (phosphor); a lateral heat dissipation member (3a, K) that has a plate shape, includes a high-heat conduction member (3a) which is configured to release heat, is in contact with a side surface of the wavelength conversion member (9) via a light reflection member (¶ 0068); and a package (1, 2, 3b) that houses the light-emitting element (4) and supports a wavelength conversion unit including the wavelength conversion member (9), and the lateral heat dissipation member (3a, K), the package (1, 2, 3b) is bonded to the high-heat conduction member (3a) (See Fig. 2, Fig. 3, ¶ 0059, ¶ 0060, ¶ 0061, ¶ 0068, ¶ 0078, ¶ 0079, ¶ 0082, ¶ 0083, ¶ 0084) (Notes: the recited “heat dissipation member” is met by a member in physical contact with surrounding elements to transfer and spread heat away therefrom), Sugiyama does not further disclose a light-transmissive heat dissipation member having a plate shape, light that is emitted from the light-emitting element passing through the light-transmissive heat dissipation member; the wavelength conversion member that includes a laminated layer of a light scattering layer and the fluorescent layer, takes in, from a side of the light scattering layer, light that is emitted from the light-emitting element and passes through the light-transmissive heat dissipation member; the high-heat conduction member is configured to release heat from the light-transmissive heat dissipation member, the lateral heat dissipation member is in contact with an upper surface of the light-transmissive heat dissipation member; the wavelength conversion unit including the light-transmissive heat dissipation member, wherein a contact area between high-heat conduction member and the light-transmissive heat dissipation member is larger than a contact area between the light-transmissive heat dissipation member and the wavelength conversion member, the package is bonded to the light-transmissive heat dissipation member, and the package is bonded to the light-transmissive heat dissipation member opposite a portion of the contact area. However, Yamashita does disclose a light-transmissive heat dissipation member (60) having a plate shape, light that is emitted from the light-emitting element (10) passing through the light-transmissive heat dissipation member (60); the wavelength conversion member (50) that includes the fluorescent layer (50), takes in, light that is emitted from the light-emitting element (10) and passes through the light-transmissive heat dissipation member (60); the lateral heat dissipation member (40) is in contact with an upper surface of the light-transmissive heat dissipation member (60); the wavelength conversion unit including the light-transmissive heat dissipation member (60), wherein a contact area between high-heat conduction member (40) and the light-transmissive heat dissipation member (60) is larger than a contact area between the light-transmissive heat dissipation member (60) and the wavelength conversion member (50), the package is bonded to the light-transmissive heat dissipation member (60), and the package is bonded to the light-transmissive heat dissipation member (60) opposite a portion of the contact area (See Fig. 1, ¶ 0013, ¶ 0014, ¶ 0015, ¶ 0018, ¶ 0021, ¶ 0022, ¶ 0024) (Notes: the light-transmissive heat dissipation member is incorporated into Sugiyama such that the light-transmissive heat dissipation member is formed under the wavelength conversion member of Sugiyama to form the contact area. Further, since the incorporated light-transmissive heat dissipation member is in close proximity to the package (1, 2, 3b) of Sugiyama if not contacting the package, “the package is bonded to the light-transmissive heat dissipation member opposite a portion of the contact area” is met, where the limitation of “bond” is defined as to connect or bind by Dictionary.com such that no physical contact is required that is also evidenced by the adhesive material 24/25 in FIG. 1 of the Application). Further, Sugiyama2 does disclose the wavelength conversion member (3, 6, 7) that includes a laminated layer of a light scattering layer (6, 7) and the fluorescent layer (3), takes in, from a side of the light scattering layer (6, 7), light that is emitted from the light-emitting element (1); and the lateral heat dissipation member (2, 4) that has a plate shape, includes a high-heat conduction member (2) in contact with a side surface of the wavelength conversion member (3, 6, 7) via a light reflection member (4) (See Fig. 1, ¶ 0019, ¶ 0021, ¶ 0022, ¶ 0026, ¶ 0028, ¶ 0030, ¶ 0033, ¶ 0035, ¶ 0041, ¶ 0043). In view of the teachings of Sugiyama, Yamashita, and Sugiyama2, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Sugiyama to have a light-transmissive heat dissipation member having a plate shape, light that is emitted from the light-emitting element passing through the light-transmissive heat dissipation member; the wavelength conversion member that includes a laminated layer of a light scattering layer and the fluorescent layer, takes in, from a side of the light scattering layer, light that is emitted from the light-emitting element and passes through the light-transmissive heat dissipation member; the high-heat conduction member is configured to release heat from the light-transmissive heat dissipation member, the lateral heat dissipation member is in contact with an upper surface of the light-transmissive heat dissipation member; the wavelength conversion unit including the light-transmissive heat dissipation member, wherein a contact area between high-heat conduction member and the light-transmissive heat dissipation member is larger than a contact area between the light-transmissive heat dissipation member and the wavelength conversion member, the package is bonded to the light-transmissive heat dissipation member, and the package is bonded to the light-transmissive heat dissipation member opposite a portion of the contact area because the light-transmissive heat dissipation member and the high-heat conduction member having a higher thermal conductivity allow higher light extraction efficiency and better heat dissipation with an enhanced output. Further, the scattering layer improves light extraction by total reflection. The light reflection member further improves light extraction (See Sugiyama ¶ 0079, Yamashita ¶ 0014, ¶ 0024, and Sugiyama2 ¶ 0033, ¶ 0043). As to claim 4, Sugiyama in view of Sugiyama2 further discloses wherein the fluorescent layer (phosphor) includes an activator (Ce), and the light scattering layer (6) does not include the activator (Ce) (See Sugiyama ¶ 0084 and Sugiyama2 ¶ 0043). As to claim 6, Sugiyama further discloses wherein a space inside the package (1, 2, 3b) in which the light-emitting element (4) is housed is hermetically sealed by the package (1, 2, 3b) and the wavelength conversion unit (See Fig. 1). As to claim 13, Sugiyama further discloses the light-emitting device according to claim 1, which is used for a headlight or a display apparatus (See Fig. 1). As to claim 19, Sugiyama discloses a headlight or a display apparatus, comprising: the light-emitting device according to claim 1 (See Fig. 1).
Claim(s) 14, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2016/0084451 A1 to Annen et al. (“Annen”) in view of U.S. Patent Application Publication No. 2015/0077972 A1 to Sugiyama et al. (“Sugiyama”), and further evidenced by U.S. Patent Application Publication No. 2020/0200363 A1 to Harrison et al. (“Harrison”) and Technical Information Single Crystal Sapphire by AdValue Technology (“AdValue”). A to claim 14, although Annen discloses a wavelength conversion unit, comprising: a wavelength conversion member (4) in which a fluorescent layer (4) containing a fluorophore; a light-transmissive heat dissipation member (51) that has a plate shape and is in contact with the wavelength conversion member (4), the excitation light passing through the light-transmissive heat dissipation member (51); and a lateral heat dissipation member (52) that includes a high-heat conduction member (52) which is configured to release heat from the light-transmissive heat dissipation member (51), that is in contact with a side surface of the wavelength conversion member (4) via a light reflection member (¶ 0071, high reflectivity sidewall) and is in contact with an upper surface of the light-transmissive heat dissipation member (51), wherein thermal conductivity of the light-transmissive heat dissipation member (51) is higher than thermal conductivity of the wavelength conversion member (4), and thermal conductivity of the high-heat conduction member (52) is higher than the thermal conductivity of the light-transmissive heat dissipation member (51), a contact area between high-heat conduction member (52) and the light-transmissive heat dissipation member (51) is larger than a contact area between the light-transmissive heat dissipation member (51) and the wavelength conversion member (4), a package (7) that supports the wavelength conversion member (4), the light-transmissive heat dissipation member (51), and the lateral heat dissipation member (52) is bonded to the light-transmissive heat dissipation member (51), and the package (7) is bonded to the light-transmissive heat dissipation member (51) opposite a portion of the contact area (See Fig. 2, ¶ 0057, ¶ 0059, ¶ 0061, ¶ 0065, ¶ 0066 ¶ 0067, ¶ 0070, ¶ 0071, ¶ 0077) (Notes: Harrison discloses the thermal conductivity of the wavelength conversion member is 8-20, the thermal conductivity of aluminum is 200, such that a good heat dissipation path from the wavelength conversion member is obtained (See ¶ 0139, ¶ 0144, ¶ 0155, ¶ 0169). AdValue discloses the thermal conductivity of Sapphire is about 23-25). Lastly, the recited “heat dissipation member” is met by a metallic member in physical contact with surrounding elements to transfer and spread heat away therefrom), Annen does not further disclose the wavelength conversion member in which the fluorescent layer containing the fluorophore and a light scattering layer for scattering excitation light of the fluorophore are laminated; the light-transmissive heat dissipation member that has the plate shape and is in contact with a surface of the light scattering layer of the wavelength conversion member. However, Sugiyama does disclose the wavelength conversion member (3, 6, 7) in which the fluorescent layer (3) and a light scattering layer (6, 7) for scattering excitation light of the fluorophore are laminated; and the high-heat conduction member (2) that is in contact with the side surface of the wavelength conversion member (3, 6, 7) via the light reflection member (4) (See Fig. 1, ¶ 0019, ¶ 0021, ¶ 0022, ¶ 0026, ¶ 0028, ¶ 0030, ¶ 0033, ¶ 0035, ¶ 0041, ¶ 0043). In view of the teaching of Sugiyama, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Annen to have the wavelength conversion member in which the fluorescent layer containing the fluorophore and a light scattering layer for scattering excitation light of the fluorophore are laminated; the light-transmissive heat dissipation member that has the plate shape and is in contact with a surface of the light scattering layer of the wavelength conversion member because the light scattering layer and the light reflection member improve light extraction by total reflection (See Sugiyama ¶ 0033, ¶ 0043). As to claim 17, Annen in view of Sugiyama further discloses wherein the fluorescent layer (4) includes an activator (Ce), and the light scattering layer (6) does not include the activator (Ce) (See Annen ¶ 0059 and Sugiyama ¶ 0043). As to claim 18, Annen further discloses the wavelength conversion unit according to claim 14, which is used for a headlight or a display apparatus (See Fig. 2). As to claim 20, Annen discloses a headlight or a display apparatus, comprising: the wavelength conversion unit according to claim 14 (See Fig. 2).
Claim(s) 2-3 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2008/0116473 A1 to Sugiyama (“Sugiyama”)/U.S. Patent Application Publication No. 2016/0084451 A1 to Annen et al. (“Annen”), U.S. Patent Application Publication No. 2015/0077972 A1 to Sugiyama et al. (“Sugiyama2”), U.S. Patent Application Publication No. 2020/0200363 A1 to Harrison et al. (“Harrison”), and Technical Information Single Crystal Sapphire by AdValue Technology (“AdValue”) as applied to claims 1 and 14 above, and further in view of U.S. Patent Application Publication No. 2015/0124457 A1 to Sanga et al. (“Sanga”). The teachings of Sugiyama/Annen, Sugiyama2, Yamashita, Harrison, and AdValue have been discussed above. As to claims 2 and 15, although Sugiyama/Annen does not further disclose wherein a thickness of the light scattering layer is within a range of 50 μm or more and 200 μm or less, Sugiyama/Annen in view of Sanga discloses wherein a thickness of the light scattering layer (10) is within a range of 50 μm or more and 200 μm or less (See Sanga ¶ 0033, ¶ 0034, ¶ 0035, ¶ 0038, ¶ 0056), where such a thickness allows flattening by polishing to improve light extraction efficiency. As to claims 3 and 16, although Sugiyama/Annen does not further disclose wherein a thickness of the fluorescent layer is within a range of 50 μm or more and 100 μm or less, Sugiyama/Annen in view of Sanga further discloses wherein a thickness of the fluorescent layer (20) is within a range of 50 μm or more and 100 μm or less (See Sanga ¶ 0033, ¶ 0034, ¶ 0035, ¶ 0038, ¶ 0056), where such a thickness allows obtaining a desired color of light and is adjusted based on the overall device dimension.
Response to Arguments
Applicant's arguments with respect to claims 1 and 14 have been considered but are moot in view of the new ground(s) of rejection.
Applicant's arguments filed on June 02, 2026 have been fully considered but they are not persuasive. Applicants argue “Yamashita thus clearly teaches that increasing the contact area between the ‘supporting member’ and the ‘heat dissipation member’ will improve heat flow in one direction…Applicant therefore requests withdrawal of the 35 USC § 103 rejections.” This is not found persuasive because Yamashita is not applied in the rejection of claim 14 and the higher thermal conductivity of the high-heat conduction member than the thermal conductivity of the light-transmissive heat dissipation member taught by Annen, Harrison, and AdValue fully meets the recited “which is configured to release heat from the light-transmissive heat dissipation member”. Similarly, the combination of Sugiyama and Yamashita meets the recited “which is configured to release heat from the light-transmissive heat dissipation member” because Sugiyama already discloses the high-heat conduction member is made of materials having high thermal conductivity such as aluminum and copper in [0079] and Yamashita discloses the light-transmissive heat dissipation member is made of sapphire in [0024] that has a lower thermal conductivity than aluminum and copper of Sugiyama. Thus, the incorporation of the light-transmissive heat dissipation member of Yamashita to Sugiyama fully meets the recited “the high-heat conduction member is configured to release heat from the light-transmissive heat dissipation member” because of the higher thermal conductivity. It is noted that the Specification also teaches the high-heat conduction member 13 is made of Cu or Al in [0036] and the light-transmissive heat dissipation member 11 is made of sapphire in [0034]. The disclosed materials are met by the prior art of record and therefore the recited “configured to release heat from the light-transmissive heat dissipation member”. Lastly, In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
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/DAVID CHEN/Primary Examiner, Art Unit 2815
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