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 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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto et al. (US 2018/0287019) in view of Hayashi (US 2018/0175239 A1).
Regarding claim 1, Hashimoto et al. teach a light-emitting device (20/30/40/50/701/111; Figs. 1A-1B, [0021, 0024]), comprising: a light-emitting element (30; Figs. 1A-1B, [0021]); a transparent member (a second phosphor layer 55/62 and a light-transmissive resin layer made of 55 on the top of the second phosphor layer 55/62; Figs. 1A-1B, [0064]) provided on the light-emitting element (30); a light guide member (40 and a first phosphor layer 55/61, which guide the light to the second phosphor layer 55/62; Figs. 1A-1B, [0021, 0064]) provided between the light-emitting element (30) and the transparent member (a second phosphor layer 55/62 and a light-transmissive resin layer made of 55 on the top of the second phosphor layer 55/62), the light guide member (40 and a first phosphor layer 55/61) comprising a first resin material (40 of acrylic resin; Figs. 1A-1B, [0059]) and a second resin material (silicon resin of first phosphor layer 55/61; Figs. 1A-1B, [0061]) and covering an upper surface (the top surface) of the light-emitting element (30), a side surface (e.g. the left side surface) of the light-emitting element (30), and a lower surface (the bottom surface) of the transparent member (a second phosphor layer 55/62 and a light-transmissive resin layer made of 55 on the top of the second phosphor layer 55/62; see Fig. 1B), wherein a viscosity of the first resin material (40 of acrylic resin) decreases when heated (acrylic resin is one of the embodiments having this property as disclosed in the paragraph [0042] of the current application), and wherein the second resin material (55 of silicone resin) is thermosettable (silicone resin is one of the embodiments having this property as disclosed in the paragraph [0055] of the current application); a cover member (701; Figs. 1A-1B, [0021]) covering at least a portion of a side surface (e.g. the left side surface) of a stacked body (30, 40, a first phosphor layer 55/61, a second phosphor layer 55/62 and a light-transmissive resin layer made of 55 on the top of the second phosphor layer 55/62; Figs. 1A-1B, [0021, 0064]), the stacked body (30, 40, a first phosphor layer 55/61, a second phosphor layer 55/62 and a light-transmissive resin layer made of 55 on the top of the second phosphor layer 55/62) comprising the light-emitting element (30), the light guide member (40 and a first phosphor layer 55/61), and the transparent member (a second phosphor layer 55/62 and a light-transmissive resin layer made of 55 on the top of the second phosphor layer 55/62); and an electrode (the left 111/20; Fig. 1B, [0021, 0024]) connected to the light-emitting element (30; see Fig. 1B), wherein a bottom-most surface of the electrode (a lower surface of the left 111/20; see Fig. 1B below) that is opposite to an upper-most surface of the electrode (the top surface of the left 111/20) where the electrode (the left 111/20) is directly connected to the light-emitting element (30).
Hashimoto et al. do not teach a bottom-most surface of the cover member that is flush with the bottom-most surface of the electrode.
In the same field of endeavor of light emitting devices, Hayashi teaches a bottom-most surface of the cover member (4; Fig. 10B, [0055]) that is flush with the bottom-most surface of the electrode (2a or 2b; Fig. 10B, [0093]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Hashimoto et al. and Hayashi and to use the process of Hayashi to form the cover member and the electrode such that a bottom-most surface of the cover member is flush with the bottom-most surface of the electrode as taught by Hayashi (Fig. 10B of Hayashi, [0055]), because the process of Hayashi can easily manufacture a small or slim light-emitting device as taught by Hayashi ([0008]).
Regarding claim 2, Hashimoto et al. teach the light-emitting device according to claim 1, wherein the light guide member (40 and a first phosphor layer 55/61) comprises: a first layer (40 of acrylic resin; Figs. 1A-1B, [0059]) in which a concentration of the first resin material (acrylic resin) is greater than a concentration of the second resin material (silicone resin); and a second layer (a first phosphor layer 55/61, where 55 is made of silicone resin; Figs. 1A-1B, [0064, 0061]) in which a concentration of the second resin material (silicone resin) is greater than a concentration of the first resin material (acrylic resin), wherein the first layer (40) and the second layer (a first phosphor layer 55/61) are stacked along a direction (the vertical direction) connecting the light-emitting element (30) and the transparent member (a second phosphor layer 55/62 and a light-transmissive resin layer made of 55 on the top of the second phosphor layer 55/62).
Regarding claim 3, Hashimoto et al. teach the light-emitting device according to claim 1, wherein the first resin material (acrylic resin) is thermoplastic (acrylic resin is one of the embodiments having this property as disclosed in the paragraph [0042] of the current application).
Regarding claim 4, Hashimoto et al. teach the light-emitting device according to claim 1, wherein the transparent member (a second phosphor layer 55/62 and a light-transmissive resin layer made of 55 on the top of the second phosphor layer 55/62) comprises: a main material (55 made of silicone resin; Figs. 1A-1B, [0061]) made of a transparent resin material (silicone resin; [0061]); and a fluorescer particle (62; Figs. 1A-1B, [0031]) provided in the main material (55; Figs. 1A-1B, [0064]).
Response to Arguments
Applicant's arguments with respect to claim 1 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Musashi et al. (US 20190259926 A1) teach a light emitting device package having the bottommost surface of the electrode being flush with the bottommost surface of the cover member.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HSIN YI HSIEH/Primary Examiner, Art Unit 2899 11/19/2025