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 .
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.
Response to Arguments
Applicant’s reply filed on 10/09/2025 has been entered and considered. Applicant’s amendments necessitated the shift in grounds of rejection detailed below. The shift in grounds of rejection renders Applicant’s arguments moot. Thus, this rejection is properly made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “a transparent material region on portions of the support element that are laterally adjacent the lumiphoric material region” claim 3, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 3-4 are 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 pre-AIA the applicant regards as the invention.
Regarding Claim 3, The instant claims recite limitation “a transparent material region on portions of the support element that are laterally adjacent the lumiphoric material region” is not clear because lumiphoric material region is arranged under the support element, instead of on portions of the support element. Therefore, the resulting claim is indefinite and is failing to particularly point out and distinctly claim the subject matter. Appropriate corrections defining these limitations within metes and bounds of the claimed invention are required.
Claim 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, because of their dependency status from claim 3.
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)(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, 5, 7-8, 10-11, 14 and 18-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by TAKIGUCHI et al (US 2022/0093833 A1; hereafter TAKIGUCHI).
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Regarding claim 1. TAKIGUCHI a light-emitting diode (LED) package comprising (Fig [6,25]):
a submount (Fig [6,25], substrate 41, Para [ 0075]);
an LED chip (Fig [6,25], light emitting element 10, Para [ 0068]) on the submount (Fig [6,25], substrate 41, Para [ 0075]), the LED chip comprising a first face (Fig [6,25], lower surface light emitting element 10, Para [ 0068]) and a second face (Fig [6,25], upper surface light emitting element 10, Para [ 0068]) that opposes the first face, the first face (Fig [6,25], lower surface light emitting element 10, Para [ 0068]) being positioned closer to the submount (Fig [6,25], substrate 41, Para [ 0075]) than the second face (Fig [6,25],upper surface light emitting element 10, Para [ 0068]); and
a cover structure (Fig [6,25], element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]) arranged over the LED chip (Fig [6,25], light emitting element 10, Para [ 0068]), the cover structure (Fig [6,25], element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]) comprising a support element (Fig [6,25], element [52]) and a lumiphoric material region (Fig [6,25], filling structure 33, Para [ 0077, 0101]) that is vertically registered between the support element (Fig [6,25], element [52]) and a first portion (Fig [6,25], LED chip 10 includes region [ 11]) of the LED chip (Fig [6,25], light emitting element 10, Para [ 0068]), the first portion of the LED chip comprising a smaller area (Fig [6,25], LED chip 10 includes region [ 11]) than the first face of the LED chip (Fig [6,25], lower surface light emitting element 10, Para [ 0068]).
Regarding claim 7. TAKIGUCHI disclose the LED package of claim 1, TAKIGUCHI first embodiment further disclose wherein the lumiphoric material region (Fig [6,25], filling structure 33, Para [ 0101]) comprises a plurality of discrete portions (phosphor particles 331) that forms a repeating pattern across the cover structure (Fig [6,25], element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]).
Regarding claim 8. TAKIGUCHI disclose the LED package of claim 1, TAKIGUCHI first embodiment further disclose wherein the lumiphoric material region (Fig [6,25], filling structure 33, Para [ 0101]) comprises a plurality of discrete portions that forms a random pattern across (Fig [6,25], region 332) the cover structure (Fig [6,25], element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]).
Regarding claim 10. TAKIGUCHI discloses a light-emitting diode (LED) package (Fig [6,25]) comprising:
a submount (Fig [6,25], substrate 41, Para [ 0075]);
a first LED chip (Fig [6,25], left light emitting element 10, Para [ 0068]) on the submount (Fig [6,25], substrate 41, Para [ 0075]);
a first cover structure (Fig [6,25], left element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]) arranged over the first LED chip (Fig [6,25], left light emitting element 10, Para [ 0068]), the first cover structure (Fig [6,25], left element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]) comprising a first support element (Fig [6,25], element [52]) and a first lumiphoric material region (Fig [6,25], left filling structure 33, Para [ 0101]) that is vertically registered between the first support element (Fig [6,25], element [52]) and only a portion of the first LED chip (LED chip 10 includes region [ 11]);
a second LED chip (Fig [6,25], middle light emitting element 10, Para [ 0068]) on the submount (Fig [1,6], substrate 41, Para [ 0075]); and
a second cover structure (Fig [6,25], middle element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]) arranged over the second LED chip (Fig [6,25], middle light emitting element 10, Para [ 0068]), the second cover structure (Fig [6,25], middle element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]) comprising a second support element (Fig [6,25], element [52]) and a second lumiphoric material ( middle filling structure 33, Para [ 0101]) region that is vertically registered between the second support element (F Fig [6,25], element [52]) and only a portion of the second LED chip (LED chip 10 includes region [ 11]).
Regarding claim 11. TAKIGUCHI disclose the LED package of claim 10, TAKIGUCHI further disclose wherein the first lumiphoric material region (Fig [6,25], left filling structure 33, Para [ 0101]) and the second lumiphoric material region (middle filling structure 33, Para [ 0101]) comprise a same type of lumiphoric material (Fig [6,25], Para [ 0101]).
Regarding claim 14. TAKIGUCHI disclose the LED package of claim 10, TAKIGUCHI further disclose further comprising:
a third LED chip (Fig [6,25], right light emitting element 10, Para [ 0068]) on the submount (Fig [6,25], substrate 41, Para [ 0075]); and
a third cover structure (Fig [6,25], right element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]) arranged over the third LED chip (Fig [6,25], right light emitting element 10, Para [ 0068]), the third cover structure (Fig [6,25],right element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]) comprising a third lumiphoric material region (Fig [6,25], right filling structure 33, Para [ 0101]) that is vertically registered over only a portion of the third LED chip (Fig [6,25], middle light emitting element 10, Para [ 0068]).
Regarding claim 18. TAKIGUCHI disclose the LED package of claim 10, TAKIGUCHI further disclose wherein the first lumiphoric material region (Fig [6,25], left filling structure 33, Para [ 0101]) comprises a plurality of discrete portions (phosphor particles 331) that forms a repeating pattern across the first cover structure (Fig [6,25], element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]).
Regarding claim 19. TAKIGUCHI disclose the LED package of claim 18, TAKIGUCHI further disclose wherein the first lumiphoric material region comprises (Fig [6,25], left filling structure 33, Para [ 0101]) a plurality of discrete portions that forms a random pattern (Fig [6,25], region 332) across the first cover structure (Fig [6,25], element [30, 31,32,52], construed as cover structure, Para [ 0066,0090,0146]).
Claim Rejection- 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 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.
Claim 5 is ejected under 35 U.S.C. 103 as being unpatentable over TAKIGUCHI et al (US 2022/0093833 A1; hereafter TAKIGUCHI).
Regarding claim 5. TAKIGUCHI disclose the LED package of claim 1, But, TAKIGUCHI does not disclose explicitly wherein the lumiphoric material region occupies a range of 1% to 50% of the bottom surface of the support element.
However, the instant application specification contain no disclosure of either the critical nature of the claimed relative thickness i.e., “lumiphoric material region occupies a range of 1% to 50% of the bottom surface of the support element” or of any unexpected results arising therefrom. Applicant has not disclosed that having lumiphoric material region occupies a range of 1% to 50% of the bottom surface of the support element, solves any stated problem or is for any particular purpose. Where patentability is said to be based upon particular chosen dimensions, alignment, positioning, or upon another variable recited in a claim, the applicant must show that the chosen dimension are critical. (.In re Woodruff, 919 F.2d 1575, 1578 (Fed. Cir. 1990).). In view of the above, inter alia, the limitation of “lumiphoric material region occupies a range of 1% to 50% of the bottom surface of the support element” is not patentable over TAKIGUCHI.
It would have been obvious to one of ordinary skill in the art at the time of the invention to vary, through routine experimentation,” lumiphoric material region occupies a range of 1% to 50% of the bottom surface of the support element” in order to optimize the functionality of the device such as desire color by using lumiphoric material region (see MPEP §2144.05).
Claim 12 is ejected under 35 U.S.C. 103 as being unpatentable over TAKIGUCHI et al (US 2022/0093833 A1; hereafter TAKIGUCHI) as applied claims above and further in view of Dimitropoulos et al (US 2021/0020806 A1; hereafter Dimitropoulos).
Regarding claim 12. TAKIGUCHI disclose the LED package of claim 10, But, TAKIGUCHI does not disclose explicitly wherein the first lumiphoric material region is arranged in a first pattern on the first cover structure and the second lumiphoric material region is arranged in a second pattern on the second cover structure, wherein the first pattern is different than the second pattern.
In a similar field of endeavor, Dimitropoulos discloses wherein the first lumiphoric material region is arranged in a first pattern on the first cover structure and the second lumiphoric material region is arranged in a second pattern on the second cover structure, wherein the first pattern is different than the second pattern (Fig 21A, plurality Led with different patterns, Para [ 0127]).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine TAKIGUCHI in light of Chen teaching “substrate comprises a transparent material (Para [ 0039])” for further advantage such as enhance luminous efficiency of light emitting device.
Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over TAKIGUCHI et al (US 2022/0093833 A1; hereafter TAKIGUCHI) as applied claims above and further in view of SOER et al (US 2020/0357958 A1; hereafter SOER).
Regarding claim 6. TAKIGUCHI disclose the LED package of claim 1, But, TAKIGUCHI does not disclose explicitly wherein:
the LED chip is configured to provide light with a first peak wavelength in a range from 430 nanometers (nm) to 480 nm; and
the lumiphoric material region is configured to convert a portion of the first peak wavelength to a second peak wavelength that is in a range from 480 nm to 570 nm.
In a similar field of endeavor, SOER discloses the LED chip is configured to provide light with a first peak wavelength in a range from 430 nanometers (nm) to 480 nm (Para [ 0015]); and the lumiphoric material region is configured to convert a portion of the first peak wavelength to a second peak wavelength that is in a range from 480 nm to 570 nm (Para [ 0040]).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine TAKIGUCHI in light of SOER teaching “the LED chip is configured to provide light with a first peak wavelength in a range from 430 nanometers (nm) to 480 nm (Para [ 0015]); and the lumiphoric material region is configured to convert a portion of the first peak wavelength to a second peak wavelength that is in a range from 480 nm to 570 nm (Para [ 0040])” for further advantage such as to provide wide range of color of light emitting device.
Regarding claim 13. TAKIGUCHI disclose the LED package of claim 10, But, TAKIGUCHI does not disclose explicitly wherein: the first LED chip and the second LED chip are configured to provide light with a first peak wavelength in a range from 430 nanometers (nm) to 480 nm; and the first lumiphoric material region and the second lumiphoric material region are configured to convert a portion of the first peak wavelength to a second peak wavelength that is in a range from 480 nm to 570 nm.
In a similar field of endeavor, SOER discloses wherein: the first LED chip and the second LED chip are configured to provide light with a first peak wavelength in a range from 430 nanometers (nm) to 480 nm ( Para [ 0015]); and the first lumiphoric material region and the second lumiphoric material region are configured to convert a portion of the first peak wavelength to a second peak wavelength that is in a range from 480 nm to 570 nm ( Para [ 0040]).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine TAKIGUCHI in light of SOER teaching “wherein: the first LED chip and the second LED chip are configured to provide light with a first peak wavelength in a range from 430 nanometers (nm) to 480 nm ( Para [ 0015]); and the first lumiphoric material region and the second lumiphoric material region are configured to convert a portion of the first peak wavelength to a second peak wavelength that is in a range from 480 nm to 570 nm ( Para [ 0040])” for further advantage such as to provide wide range of color of light emitting device.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOIN M RAHMAN whose telephone number is (571)272-5002. The examiner can normally be reached 8:30-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julio Maldonado can be reached at 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOIN M RAHMAN/Primary Examiner, Art Unit 2898
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