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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 (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 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US-20190027661-A1 – hereinafter Li).
Regarding claim 1, Li teaches a semiconductor light emitting device (Fig.3 100(3); ¶0010) comprising:
a lead frame (Fig.3 102; ¶0007) having a plurality of leads (Fig.3 104(a/b); ¶0007), at least one lead (104(a)) of which having a standing part (Fig.3 108; ¶0008) erected on an upper surface (top surface) thereof;
a resin frame (Fig.3 120; ¶0007) having an opening (Fig.3 114; ¶0008) to which the plurality of leads (104(a/b)) are exposed, and being provided in such a manner as to embed the standing part (108) therein and surround the opening (114); and
a light emitting element (Fig.3 112; ¶0008) placed in the opening (114) and connected to the plurality of leads (104(a/b)).
Regarding claim 2, Li teaches the semiconductor light emitting device according to claim 1, wherein the standing part (108) extends along an edge portion of the lead frame (102).
Regarding claim 3, Li teaches the semiconductor light emitting device according to claim 2, wherein the standing part (108) extends along an edge portion of each lead of the plurality of leads (104(a/b)).
Regarding claim 4, Li teaches the semiconductor light emitting device according to claim 2, wherein the lead frame (102) is made of a rectangular plate-like metal (see Fig.4 and ¶0006), the plurality of leads (104(a/b)) are separated from each other by a slit (Fig.3 depicts a slit between 104(a) and 104(b)) formed in parallel to one side of the rectangle, and the standing part (108) is formed along a direction orthogonal to the slit (Fig.3 depicts a slit between 104(a) and 104(b)) in each lead (104(a/b)).
Regarding claim 5, Li teaches the semiconductor light emitting device according to claim 2, wherein the lead frame (102) is made of a rectangular plate-like metal (see Fig.4 and ¶0006), the plurality of leads (104(a/b)) are separated from each other by a slit (Fig.3 depicts a slit between 104(a) and 104(b)) formed in parallel to one side of the rectangle, and the standing part (108) is formed in parallel to the slit (Fig.3 depicts a slit between 104(a) and 104(b)) in the lead (104(a/b)).
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyamoto et al. (US-20160190414-A1 – hereinafter Miyamoto).
Regarding claim 1, Miyamoto teaches a semiconductor light emitting device (Fig.4 100; ¶0023) comprising:
a lead frame (Fig.4 10 and 20; ¶0023) having a plurality of leads (10 and 20), at least one lead (20) of which having a standing part (Fig.4 22; ¶0049) erected on an upper surface (top surface) thereof;
a resin frame (Fig.4 30; ¶0024) having an opening (recessed portion discussed in ¶0031) to which the plurality of leads (10 and 20) are exposed, and being provided in such a manner as to embed the standing part (22) therein and surround the opening (recessed portion discussed in ¶0031); and
a light emitting element (Fig.4 1; ¶0031) placed in the opening (recessed portion discussed in ¶0031) and connected to the plurality of leads (10 and 20).
Regarding claim 6, Miyamoto teaches the semiconductor light emitting device according to claim 1, wherein the standing part (22) is formed by bending a part of the lead (¶0051).
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.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Miyamoto.
Regarding claim 6, Li teaches the semiconductor light emitting device according to claim 1.
Li does not teach wherein the standing part is formed by bending a part of the lead.
Miyamoto teaches standing parts (Fig.6B 22; ¶0051 of Miyamoto) that are formed by bending a lead (¶0051 of Miyamoto).
The process of forming a desired lead frame shape by bending the leads is well-known in the art and does not patentably distinguish claim 6 over claim 1, even if the apparatus taught by Li is not necessarily made with a bending process.
Regarding claim 9, Li in view of Miyamoto teaches the semiconductor light emitting device according to claim 6, wherein the standing part (108 of Li) is vertically erected from the upper surface (top surface) of the lead (104(a/b) of Li).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyamoto in view of Ishikawa et al. (US-20180090644-A1 – hereinafter Ishikawa).
Regarding claim 7, Miyamoto teaches the semiconductor light emitting device according to claim 6.
Miyamoto does not teach wherein the standing part is formed by bending along a bending guide groove that decreases the thickness of the lead.
Ishikawa teaches a bent lead (Fig.3C 21; ¶0036 of Ishikawa) that is bent along a bending guide groove (Fig.3C 50; ¶0057 of Ishikawa) that decreases the thickness of the lead (21 Ishikawa).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the guide groove (50 of Ishikawa) of Ishikawa to the bent leads (22 of Miyamoto) taught by Miyamoto to arrive at the claimed invention. A practitioner of ordinary skill would have been motivated to make this modification for the benefit of relieving stress on the bent portion (¶0057 of Ishikawa).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyamoto in view of Ishikawa, and further in view of Hong et al. (US-20210226099-A1 – hereinafter Hong).
Regarding claim 8, the aforementioned combination of Miyamoto in view of Ishikawa from claim 7 teaches the semiconductor light emitting device according to claim 7.
The aforementioned combination does not teach wherein curved concave surfaces are formed as reliefs in corners at both ends of the bending guide groove.
Hong teaches curved concave surfaces (Fig.12 709; ¶0078 of Hong) that are formed as reliefs in corners at both ends of a bending part (Fig.12 7042; ¶0078 of Hong) of a lead (Fig.12 704; ¶0078 of Hong).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the concave surfaces of Hong (709 of Hong) to both ends of the bending part of Miyamoto in view of Ishikawa (22 of Miyamoto) to arrive at the claimed invention. A practitioner of ordinary skill would have been motivated to make this modification for the benefit of resisting residual stress and decreasing a bending area (¶0078 of Hong).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (US-20180053883-A1 and US-20160190413-A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS J KOLB whose telephone number is (571)272-0276. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm.
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/T.J.K./ Examiner, Art Unit 2817
/RATISHA MEHTA/Primary Examiner, Art Unit 2817