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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/14/2025, 06/29/2023, and 07/13/2022 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Objection/s to the Specification
The title of the invention, “OPTICAL ELEMENT, LIGHT SOURCE DEVICE, AND PROJECTOR,” is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections – 35 USC § 102
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.
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Yang (US 20140347860 A1).
Regarding claim 1, Yang teaches an optical element (Fig. 1-8) comprising: a first color conversion layer (1 or 2); a second color conversion layer (2 or 1, respectively); and a heat insulating layer (air gap; [0013], [0014]), wherein the heat insulating layer (air gap) is disposed between the first color conversion layer (1 or 2) and the second color conversion layer (2 or 1).
Regarding claim 2, Yang further teaches the heat insulating layer (air gap) has light permeability.
Regarding claim 3, Yang further teaches the heat insulating layer (air gap) contains a material (air) with light permeability.
Regarding claim 19, Yang further teaches a light source device comprising: the optical element according to claim 1; a light source that emits excitation light (80); and a moving mechanism that causes a position at which the optical element is irradiated with the excitation light to move with time ([0044]).
Claims 1-3, 19 and 20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Shimizu (US 20190302587 A1).
Regarding claim 1, Shimizu teaches an optical element (Fig. 1-3) comprising: a first color conversion layer (49); a second color conversion layer (42); and a heat insulating layer (58, 59), wherein the heat insulating layer (58, 59) is disposed between the first color conversion layer (49) and the second color conversion layer (42).
Regarding claim 2, Shimizu further teaches the heat insulating layer (58, 59) has light permeability.
Regarding claim 3, Shimizu further teaches the heat insulating layer (air layer) contains a material (air) with light permeability.
Regarding claim 19, Yang further teaches a light source device comprising: the optical element according to claim 1; a light source that emits excitation light (15); and a moving mechanism (50) that causes a position at which the optical element is irradiated with the excitation light to move with time ([0026], [0038]-[0039]).
Regarding claim 20, Shimizu further teaches a projector comprising: the light source device according to claim 19; and an image projection device that generates predetermined image light using light emitted from the light source device and projects the generated image light to outside (Fig. 1).
Claim Rejections - AIA 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 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.
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.
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 of this title, 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 9-13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Ikeda (US 20200363710 A1).
Regarding claims 9 and 16, Yang further teaches a first/second substrate (6) and the heat insulating layer (air gap) and the first/second substrate (6) are disposed to face each other via the first/second color conversion layer (1).
Yang does not explicitly teach the first substrate having heat conductivity.
Ikeda teaches the substrate (403, 507, 507A) having heat conductivity ([0071], [0085], [0113]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Yang with Ikeda; because it allows greater heat dissipation.
Regarding claim 10, Yang further teaches the first substrate (6) has light reflectivity ([0043]).
Regarding claims 11 and 17, the combination of Yang and Ikeda consequently results in the first/second substrate (507A of Ikeda) has light permeability ([0112]-[0113] of Ikeda).
Regarding claims 12 and 18, the combination of Yang and Ikeda consequently results in the first/second substrate (507A of Ikeda) includes a region (701a, 701b of Ikeda) with light permeability and a region with light reflectivity ([0111] of Ikeda).
Regarding claim 13, the combination of Yang and Ikeda consequently results in the second color conversion layer (103 of Ikeda) and the first substrate (403 of Ikeda) are bonded via a first bonding member (401 of Ikeda), and the first bonding member has heat conductivity ([0069], [0075] of Ikeda).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Ikeda and in further view of Nojima (US 20190302591 A1).
Regarding claim 14, neither Yang nor Ikeda teaches the first bonding member and the first substrate bonded via a second bonding member, and the second bonding member has a heat insulating property.
Nojima teaches a bonding member (55) that has a heat insulating property between the wavelength conversion structure (47) and the substrate (40; Fig. 5; [0092]-[0104]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Yang and Ikeda with Nojima; because it prevents deformation of the bonding layer.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Ikeda and in further view of Furuyama (US 20180003363 A1).
Regarding claim 15, neither Yang nor Ikeda teaches the first substrate has a recessed portion on a side of the heat insulating layer, and the first color conversion layer is embedded in the recessed portion.
Furuyama teaches the first substrate (3) having a recessed portion and the first color conversion layer (2) is embedded in the recessed portion (Fig. 4).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Yang and Ikeda with Furuyama; because it allows greater heat dissipation ([0086] of Furuyama).
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US 20150098070 A1) in view of Sugiyama (US 20150338727 A1).
Regarding claim 1, Hsieh teaches an optical element (Fig. 1E, 1F) comprising: a first color conversion layer (120 or 130); a second color conversion layer (130 or 120, respectively); and a transmissive layer (TS2), wherein the transmissive layer (TS2) is disposed between the first color conversion layer (120 or 130) and the second color conversion layer (130 or 120).
Hsieh does not teach a heat insulating layer.
Sugiyama teaches a heat insulating layer ([0028]) between the transmissive layer (10) and the conversion layer (8).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Hsieh with Sugiyama; because it prevents deterioration of the transmissive layer.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh in view of Sugiyama in further view of Nojima (US 20190302591 A1).
Regarding claims 6-8, neither Hsieh nor Sugiyama teaches the first color conversion layer (120 or 130) and the second color conversion layer (130 or 120) are bonded via a bonding layer.
Nojima teaches adhesive having low thermal conductivity, insulation property where the bonding layer includes a bead (54; Fig. 5; [0091]-[0104]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to Hsieh and Sugiyama with Nojima; because it prevents deformation of the bonding layer.
Allowable Subject Matter
Claims 4 and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 4 and 5, the closest prior art references, Yang, Shimizu, Ikeda, Nojima, Furuyama, Hsieh, and Sugiyama, do not teach, by themselves or in combination with one another, “at least any one of the first color conversion layer and the second color conversion layer has recessed and projecting portions, and the heat insulating layer is formed by the first color conversion layer and the second color conversion layer being bonded via the projecting portion” (claim 4) or “at least any one of the first color conversion layer and the second color conversion layer has a recessed portion, and the heat insulating layer is formed by the first color conversion layer and the second color conversion layer being bonded via the recessed portion” (claim 5). Furthermore, there is no teaching, suggestion or motivation in the prior art references to modify the references in such manner that results in the above claimed limitation/s; hence the invention as claimed by claims 4 and 5 is not obvious to a person of ordinary skill in the art at the time of the invention.
Conclusion
The prior art references cited in PTO-892 are made of record and considered pertinent to applicant's disclosure.
Patent documents, US 20200326615 A1, US 20200013930 A1, US 20190187543 A1, US 20190101814 A1, US 20190146318 A1, US 20190075276 A1, US 20200249554 A1, US 20180052386 A1, US 20190155134 A1, US 20180194996 A1, US 20160116122 A1, US 20160150200 A1, US 20150117013 A1, US 20130113011 A1, US 20110149549 A1, US 20110019707 A1, and US 20090086475 A1, disclose wavelength conversion systems having stacked wavelength conversion layers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-LUAN Q LE whose telephone number is (571)270-5362. The examiner can normally be reached on Monday-Friday; 9:00AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached on (571) 272 230303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAO-LUAN Q LE/
Primary Examiner, Art Unit 2882