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 .
Election/Restrictions
Applicant’s election of Species C (Fig. 5, Claims 1-7, 9, 10, 12-18, 20-35, 38-39) in the reply filed on 03/05/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claim 17 is objected to because of the following informalities: Claim 17 recites “a second set of mesas are impregnated with red colour-conversion material is.”
“Is” at the end of the claim appears to be a typographical error.
Appropriate correction is required.
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 4 recites the limitation "the second portion of the plurality of LEDs" in line 3. There is insufficient antecedent basis for this limitation in the claim.
For the purposes of examination, the Examiner will treat "the second portion of the plurality of LEDs" as --a second portion of the plurality of LEDs--.
Claim 4 recites the limitation "the first portion of the optical filter" in line 3. There is insufficient antecedent basis for this limitation in the claim.
For the purposes of examination, the Examiner will treat " the first portion of the optical filter" as --a first portion of the optical filter --.
Regarding claim 2, the phrase " preferably " renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For the purposes of examination the Examiner will treat, “preferably monochromatic blue LEDs or UV LEDs.” as optional language.
Regarding claims 13, 31 the phrase " preferably " renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For the purposes of examination the Examiner will treat, “preferably a porous layer of III-nitride material.” as optional language.
Regarding claims 14, 32 the phrase " preferably " renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For the purposes of examination the Examiner will treat, preferably with colour-conversion quantum dots or colour-conversion perovskite material.” as optional language.
Regarding claims 22, 38 the phrase " preferably " renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For the purposes of examination the Examiner will treat, “preferably in which the substrate layer is sapphire or glass.” as optional language.
Claim 23 recites “a first blue/UV LED”, “a second blue/UV LED” and “a third blue/UV LED”
It is not clear is the Applicant is trying to introduce LEDs aside from “a plurality of light-emitting diodes (LEDs)” recited in Claim 1 or further limit “a plurality of light-emitting diodes (LEDs)”
For the purposes of examination, the Examiner will treat “a first blue/UV LED”, “a second blue/UV LED” and “a third blue/UV LED” being included in “a plurality of light-emitting diodes (LEDs)” of Claim 1.
Claim 28 recites “configured to transmit blue or UV light emitted by a plurality of blue or UV LEDs”
It is not clear is the Applicant is trying to introduce LEDs aside from “a plurality of light-emitting diodes (LEDs)” recited in Claim 25 or further limit “a plurality of light-emitting diodes (LEDs)”
For the purposes of examination, the Examiner will treat “a plurality of blue or UV LEDs” being included in “a plurality of light-emitting diodes (LEDs)” of Claim 25.
Claim 30 recites the limitation " the blue LEDs" in line 3. There is insufficient antecedent basis for this limitation in the claim.
For the purposes of examination, the Examiner will treat " the blue LEDs " as -- a blue LEDs --.
Claim 39 recites “a plurality of monochromatic LEDs into an LED device for emitting light of a plurality of different colours.”
It is not clear is the Applicant is trying to introduce LEDs aside from “a plurality of light-emitting diodes (LEDs)” and “an LED device” recited in Claim 25 or further limit “a plurality of light-emitting diodes (LEDs)” “an LED device” recited in Claim 25
For the purposes of examination, the Examiner will treat “a plurality of monochromatic LEDs into an LED device” being included in “a plurality of light-emitting diodes (LEDs)” “an LED device” of Claim 25.
Claims 2-7, 9, 10, 12-18, 20-24 recite “an LED device”. It is not clear is the Applicant is trying to introduce an new LED device or refer to an LED device of independent Claim 1.
For the purposes of examination, the Examiner will treat “an LED device” as -- the LED device—of Claim 1.
Claims 26-35, 38 recite “an optical filter”. It is not clear is the Applicant is trying to introduce a new optical filter or refer to an optical filter of independent Claim 25.
For the purposes of examination, the Examiner will treat “An optical filter” as -- the optical filter —of Claim 25.
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.
Claim(s) 1-7, 9, 10, 12, 22, 23, 25-30, 38 and 39 is/are rejected under 35 U.S.C. 102(A1) as being anticipated by Kim et al. (US 2020/0144444 A1).
Regarding Claim 1, Kim (Fig. 8, 11) discloses an LED device, comprising:
a plurality of light-emitting diodes (LEDs) (50), and an optical filter (layers above 50 including 150, 100A, B) arranged to filter light emitted by the plurality of LEDs, in which
the optical filter comprises a first region (layers above 50A,B) arranged to filter light emitted from a first portion of the plurality of LEDs (50A,B), in which
the first region (layers above 50A, B) of the optical filter comprises a Distributed Bragg Reflector (DBR) [100A, B, Fig. 5, 0030] configured to prevent transmission of light of a predetermined wavelength λ.sub.1. (L0) [0030-0032, 0036]
Regarding Claim 2, Kim discloses an LED device according to claim 1, in which
the plurality of LEDs are monochromatic LEDs, preferably monochromatic blue LEDs or UV LEDs. (“The light-emitting structure 50 may emit blue light L0.”) [0021]
Regarding Claim 3, Kim discloses an LED device according to claim 1, in which
the optical filter (layers above 50 including 150, 100A, B) comprises a second region (layers above 50C) arranged to allow transmission of light emitted from a second portion of the plurality of LEDs (50C).
Regarding Claim 4, Kim discloses an LED device according to claim 1, in which
λ.sub.1 is the emission wavelength of the plurality of LEDs, so that second portion of the optical filter (above 50C) is configured to allow transmission of light with wavelength λ.sub.1 emitted by the second portion (50C) of the plurality of LEDs,
and/or the first portion of the optical filter is configured to prevent transmission of light of wavelength λ.sub.1 (L0) emitted by the first portion of the plurality of LEDs (50A, B).
Regarding Claim 5, Kim discloses an LED device according to claim 3, in which
the second portion of the plurality of LEDs are monochromatic blue LEDs (“The light-emitting structure 50 may emit blue light L0.”) [0021], and the second region (90) of the optical filter (layers above 50 including 150, 100A, B) is configured to transmit blue light emitted by the blue LEDs (50). (Fig. 1)
Regarding Claim 6, Kim discloses an LED device according to claim 1, in which the DBR is configured to prevent transmission of blue light. (first light L1 and the second light L2 may be red light and green light, respectively.) [0026]
Regarding Claim 7, Kim discloses an LED device according to claim 1, in which
the first region of the optical filter (layers above 50A,B) is configured to transmit green and/or red light. (first light L1 and the second light L2 may be red light and green light, respectively.) [0026]
Regarding Claim 9, Kim discloses an LED device according to claim 1,
comprising a colour-conversion material (90A) positioned between the first portion of the LEDs (50A) and the DBR (100A), the colour-conversion material being configured to emit light at one or more wavelengths different from the emission wavelength λ.sub.1 of the first portion of LEDs. (“the first color conversion layer 90A and the second color conversion layer 90B may include different materials that output different colors”) [0026] and (“The first color conversion layer 90A may convert the blue light L0 emitted from the first light-emitting structure 50A into the first light L1.”) [0032]
Regarding Claim 10, Kim discloses an LED device according to claim 9, in which
the colour-conversion material is a plurality of colour-conversion quantum dots. (“90A and 90B may include one or more of a fluorescent material and a quantum dot. “) [0026]
Regarding Claim 12, Kim discloses an LED device according to claim 9, in which
the colour-conversion material (90A) is positioned over discrete subsets of the LEDs in the first portion of the plurality of LEDs (Fig. 1, 8, 11).
Regarding Claim 22, Kim discloses an LED device according to claim 1, in which
the optical filter comprises an optically transparent substrate layer (160, 70) attached to the DBR (100A,B), preferably in which the substrate layer is sapphire or glass.
Regarding Claim 23, Kim discloses an LED device according to claim 1, comprising:
a first blue/UV LED (50C) positioned beneath the second region of the optical filter, in which
the second region of the optical filter is configured to allow transmission of blue/UV light out of the device; (Fig. 1)
a second blue/UV LED (50B) positioned beneath the DBR in the first region of the optical filter, and green colour-conversion material positioned between the second blue/UV LED (50B) and the DBR, in which
the DBR is configured to prevent the transmission of blue/UV light but to allow the transmission of green light out of the device (“the first light L1 and the second light L2 may be red light and green light, respectively.”) (Fig. 1); and
a third blue/UV LED (50A) positioned beneath the DBR in the first region of the optical filter, and red colour-conversion material positioned between the third blue/UV LED and the DBR (“the first light L1 and the second light L2 may be red light and green light, respectively.”), in which
the DBR is configured to prevent the transmission of blue/UV light but to allow the transmission of red light out of the device. [0033-0036]
Regarding Claim 25, Kim (Fig. 1, 8, 11) discloses an optical filter for an LED device comprising a plurality of light-emitting diodes (LEDs) (50), the optical filter comprising:
a first region (layers above 50A, B) arranged to filter light emitted from a first portion of the plurality of LEDs (50A, B), in which
the first region of the optical filter comprises a Distributed Bragg Reflector (DBR) [100A, B, Fig. 5, 0030] configured to prevent transmission of light of a predetermined wavelength λ.sub.1. (L0) [0030-0032, 0036]
Regarding Claim 26, Kim discloses an optical filter according to claim 25, comprising:
a second region (region above 50C) arranged to transmit light emitted from a second portion of the plurality of LEDs (50C).
Regarding Claim 27, Kim discloses an optical filter according to claim 25, in which
λ.sub.1 is the emission wavelength of the plurality of LEDs, so that the second region of the optical filter (layers above 50C) is configured to allow transmission of light with wavelength λ.sub.1 emitted by the second portion of the plurality of LEDs (50C), and/or
the first portion of the optical filter (layers above 50A, B) is configured to prevent transmission of light of wavelength λ.sub.1 emitted by the first portion of the plurality of LEDs. (50A, B) (Fig. 1, 8, 11)
Regarding Claim 28, Kim discloses an optical filter according to claim 25, in which
the second region of the optical filter (layers above 50C) is configured to transmit blue or UV light (L0) emitted by a plurality of blue or UV LEDs (50).
Regarding Claim 29, Kim discloses an optical filter according to claim 25, in which the DBR is configured to prevent transmission of blue/UV light. [0030-0032, 0036]
Regarding Claim 30, Kim discloses an optical filter according to claim 25, in which
the optical filter comprises a colour-conversion material (90A, B) positioned between the blue LEDs (50) and the DBR (100A, B), the colour-conversion material being configured to emit light at one or more wavelengths different from that of the blue LEDs. (L1, L2)
Regarding Claim 38, Kim discloses an optical filter according to claim 25, in which
the optical filter comprises an optically transparent substrate layer (160, 70) attached to the DBR (100A,B), preferably in which the substrate layer is sapphire or glass.
Regarding Claim 39, Kim discloses use of an optical filter according to claim 25
to convert a plurality of monochromatic LEDs (50) into an LED device for emitting light of a plurality of different colours. (L0,L1, L2)
The Examiner notes 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. See, e.g., In re Pearson, 181 USPQ 641 (CCPA); In re Minks, 169 USPQ 120 (Bd Appeals); In re Casey, 152 USPQ 235 (CCPA 1967); In re Otto, 136 USPQ 458, 459 (CCPA 1963). See MPEP §2114. The recitation of “use of an optical filter… to convert a plurality of monochromatic LEDs into an LED device for emitting light of a plurality of different colours” does not distinguish the present invention over the prior art of Kim who teaches the structure as claimed.
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.
Claim(s) 13-17 and 31-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2020/0144444 A1) in view of Song et al. (US 2020/0295239 A1).
Regarding Claim 13, Kim discloses an LED device according to claim 1, in which
the first region of the optical filter (layers above 50A, B) comprises a layer (90A, B) positioned between the LEDs (50) and the DBR (100A, B), preferably a porous layer of III-nitride material.
Kim does not explicitly disclose the first region of the optical filter comprises a porous layer.
Song (Fig. 1) discloses a first region of an optical filter comprises a porous layer (120) [0022, 0027]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an LED device in Kim in view of Song such that the first region of the optical filter comprises a porous layer in order to improve the light conversion efficiency of the loaded QDs. [0023]
Regarding Claim 14, Kim in view of Song discloses an LED device according to claim 13, in which
the porous layer is coated or impregnated with colour-conversion material, preferably with colour-conversion quantum dots or colour-conversion perovskite material. [0027 Song]
Regarding Claim 15, Kim in view of Song discloses an LED device according to claim 14, in which
different colours of colour-conversion material are coated or impregnated into the porous layer of the optical filter in discrete regions, so that a first colour of colour-conversion material is positioned above a subset of the first portion of the plurality of LEDs (50A, B), (Fig. 1C Song, Fig. 1 Kim)
and/or
a second colour of colour-conversion material (is positioned above another subset of the first portion of the plurality of LEDs
Regarding Claim 16, Kim in view of Song discloses an LED device according to claim 14, in which
green colour-conversion material is positioned above a subset of the first portion of the plurality of LEDs, and/or
red colour-conversion material is positioned above another subset of the portion of the plurality of LEDs, or vice versa. (“The first light L1 and the second light L2 may have different wavelengths and produce different colors. For example, the first light L1”) [0026 Kim]
Regarding Claim 17, Kim in view of Song discloses an LED device according to claim 14, in which
the porous layer of the optical filter comprises a plurality of mesas forming the discrete regions, such that a first set of mesas are impregnated with green colour-conversion material,
and/or
a second set of mesas are impregnated with red colour-conversion material is. (Fig. 1C Song, See mesas 90 A, B above LED Fig. 1 Kim)
Regarding Claim 31, Kim discloses an optical filter according to claim 25, in which
the first region of the optical filter (layers above 50A, B) comprises a layer (90A, B) positioned between the LEDs (50) and the DBR (100A, B), preferably a porous layer of III-nitride material.
Kim does not explicitly disclose the first region of the optical filter comprises a porous layer.
Song (Fig. 1) discloses a first region of an optical filter comprises a porous layer (120) [0022, 0027]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an optical filter in Kim in view of Song such that the first region of the optical filter comprises a porous layer in order to improve the light conversion efficiency of the loaded QDs. [0023]
Regarding Claim 32, Kim in view of Song discloses an optical filter according to claim 31, in which
the porous layer is coated or impregnated with colour-conversion material, preferably with colour-conversion quantum dots or colour-conversion perovskite material. [0027 Song]
Regarding Claim 33, Kim in view of Song discloses an optical filter according to claim 31, in which
different colours of colour-conversion material are coated or impregnated into the porous layer of the optical filter in discrete regions, so that colour-conversion material of a first colour is positioned above a subset of the first portion of the plurality of LEDs, (50A,B), (Fig. 1C Song, Fig. 1 Kim)
and/or
colour-conversion material of a second colour is positioned above another subset of the first portion of the plurality of LEDs. (50A,B), (Fig. 1C Song, Fig. 1 Kim)
Regarding Claim 34, Kim in view of Song discloses an optical filter according to claim 33, in which
green colour-conversion material is positioned above a subset of the first portion of the plurality of LEDs,
and/or
red colour-conversion material is positioned above another subset of the portion of the plurality of LEDs, or vice versa. (“The first light L1 and the second light L2 may have different wavelengths and produce different colors. For example, the first light L1”) [0026 Kim]
Regarding Claim 35, Kim in view of Song discloses an optical filter according to claim 31, in which
the porous layer of the optical filter comprises a plurality of mesas forming the discrete regions, such that a first set of mesas are impregnated with green colour-conversion material,
and/or
a second set of mesas are impregnated with red colour-conversion material. (Fig. 1C Song, See mesas 90A, B above LED Fig. 1 Kim)
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2020/0144444 A1) in view of Song et al. (US 2020/0295239 A1) and further in view of Han et al. (US 2020/0152841 A1).
Regarding Claim 18, Kim in view of Song discloses an LED device according to claim 14, in which
quantum dots or perovskite nanocrystals are embedded in the porous layer of the optical filter (Fig. 1) at a depth of between 1 nm to 200 nm.
Kim in view of Song does not explicitly disclose a depth of between 1 nm to 200 nm.
Han discloses quantum dots or perovskite nanocrystals are embedded in the porous layer at a depth of between 1 nm to 200 nm. [“nanopores having a depth between about 0.1 μm to about 5 μm.” 0065, 0006-0007]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an LED device in Kim in view of Song and Han such that quantum dots or perovskite nanocrystals are embedded in the porous layer of the optical filter at a depth of between 1 nm to 200 nm in order to improve the light conversion efficiency of the loaded QDs. [0023] and since it has been held that the general conditions of a claim are disclosed in a prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2020/0144444 A1) in view of Zhu et al. (US 2020/0227255 A1).
Regarding Claim 20, Kim discloses an LED device according to claim 1.
Kim does not explicitly disclose the DBR comprises a stack of layers of III-nitride semiconductor material, in which alternating layers in the stack have different porosities, and therefore different refractive indices.
Zhu (Fig. 2) discloses a DBR comprises a stack of layers of III-nitride semiconductor material, in which alternating layers in the stack have different porosities, and therefore different refractive indices. (“non-porous III-nitride material and porous III-nitride material.”) [0112, 0134]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an LED device in Kim in view of Zhu such that the DBR comprises a stack of layers of III-nitride semiconductor material, in which alternating layers in the stack have different porosities, and therefore different refractive indices in order to have DBR that provides the possibility of tuning its spectral response [0113].
Regarding Claim 21, Kim in view of Zhu discloses an LED device according to claim 20, in which
the layers in the stack have a thickness equal to λ.sub.1/4, where λ.sub.1 is the wavelength of light the DBR is configured to filter out. (“ the thicknesses of each sub-surface layers may be made equal to one quarter of the wavelength, or a multiple of one quarter wavelength, to be reflected by the DBR.”) [0112 Zhu]
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2020/0144444 A1) in view of Han et al. (US 2020/0152841 A1).
Regarding Claim 24, Kim discloses an LED device according to claim 1, in which
the plurality of LEDs (50).
Kim does not explicitly disclose a CMOS blue LED wafer.
Han (Fig. 1) discloses a plurality of LEDs (102) form part of a CMOS blue LED wafer. (102, 110).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an LED device in Kim in view of Han such that the plurality of LEDs form part of a CMOS blue LED wafer in order to provide complementary metal-oxide semiconductor (CMOS) driver for the plurality of LEDs [0061]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY YEMELYANOV whose telephone number is (571)270-7920. The examiner can normally be reached M-F 9a.m.-6p.m.
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/DMITRIY YEMELYANOV/Examiner, Art Unit 2891