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 04/23/2026 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.
Continued Examination under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/23/2026 has been entered. An action on the RCE follows.
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 19 is 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 19, The instant claims recite limitation “wherein the first lumiphoric material region comprises a plurality of discrete portions that forms a random pattern across the first cover structure.” is not clear because claim 18 recites “plurality of discrete portions that forms a repeating pattern across”, however claim 19, depends on claim 18 recites “discrete portions that forms a random pattern”, which appears inconsistence. 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 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.
Claims 1, 4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TROTTIER (US 2010/0117106 A1; hereafter TROTTIER).
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Regarding claim 1. TROTTIER discloses a light-emitting diode (LED) package comprising:
a submount (Fig 4, substrate 410, Para [ 0044-0050]);
an LED chip (LED 420) on the submount (Fig 4, substrate 410, Para [ 0044-0050]), the LED chip comprising a first face and a second face (Fig 4, LED 420, lower surface and upper surface, , Para [ 0044-0050]) that opposes the first face, the first face (LED 420, lower surface) being positioned closer to the submount than the second face (substrate 410, Para [ 0044-0050]); and
a cover structure (annotated support element and light-conversion layer 430, construed as cover structure) arranged over the LED chip (Fig 4, LED 420, , Para [ 0044-0050]), the cover structure comprising a support element (annotated support element) and a lumiphoric material region (Fig 4, phosphor regions 431, Para [ 0044-0050]) on a bottom surface of the support element (Fig 4, annotated support element, , Para [ 0044-0050]) in a position that is vertically registered between the support element (Fig 4, annotated support element) and a first portion of the LED chip, the first portion of the LED chip comprising a smaller area than the first face of the LED chip (Fig 4, LED 420), wherein the cover structure (Fig 4, annotated support element and light-conversion layer 430, construed as cover structure, Para [ 0044-0050]) further comprises a transparent material region (Fig 4, “regions 432 may include a transparent material such as epoxy or silicone”, Para [ 0048]) on a portion of the bottom surface of the support element (Fig 4, annotated support element) that is laterally adjacent the lumiphoric material region (Fig 4, phosphor regions 431, Para [ 0044-0050]).
Regarding claim 4. TROTTIER disclose the LED package of claim 1, TROTTIER further disclose wherein a surface of the transparent material region (Fig 4, “regions 432 may include a transparent material, Para [ 0044-0050]) that is proximate the LED chip is coplanar with a surface of the lumiphoric material region (Fig 4, phosphor regions 431, Para [ 0044-0050]) that is proximate the LED chip (Fig 4, LED 420, Para [ 0044-0050]).
Regarding claim 7. TROTTIER disclose the LED package of claim 1, TROTTIER further disclose wherein the lumiphoric material region comprises a plurality of discrete portions (Fig 4, phosphor regions 431, Para [ 0044-0050]) that forms a repeating pattern (Fig 4, phosphor regions 431, Para [ 0044-0050]) across the cover structure.
Regarding claim 8. TROTTIER disclose the LED package of claim 1, TROTTIER further disclose wherein the lumiphoric material region comprises a plurality of discrete portions that forms a random pattern across the cover structure (Fig 4, annotated support element and light-conversion layer 430, construed as cover structure, Para [ 0044-0050]).
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 TROTTIER (US 2010/0117106 A1; hereafter TROTTIER).
Regarding claim 5. TROTTIER disclose the LED package of claim 1, But, TROTTIER 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 TROTTIER.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over TROTTIER (US 2010/0117106 A1; hereafter TROTTIER) as applied claims above and further in view of SOER et al (US 2020/0357958 A1; hereafter SOER).
Regarding claim 6. TROTTIER disclose the LED package of claim 1, TROTTIER 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 TROTTIER 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.
Claims 10-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over BAE et al (US 2022/0199694 A1; hereafter BAE) in view of YANG et al (US 2023/0163259 A1; hereafter YANG).
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Regarding claim 10. BAE discloses a light-emitting diode (LED) package (Para [ 0050]) comprising:
a submount (Fig 7, BSL, Para [ 0056]);
a first LED chip (Fig 7, LD3, Para [ 0078, 0109-0110]) on the submount (BSL, Para [ 0078]);
a first cover structure (Fig 7, PXL3 region includes stacked layers [CF3, CPL, BNK,LCP3], Para [ 0078, 0109-0110]) arranged over the first LED chip (LD3 , Para [ 0078, 0109-0110]), the first cover structure (Fig 7, PXL3 region includes stacked layers [CF3, CPL, BNK,LCP3], Para [ 0071-0073, 0164- 0168]) comprising a first support element (CF3, Para [ 0071-0073, 0164- 0168]) and a first lumiphoric material region (Fig 7, region LCP3, Para [0164- 0168]) on a bottom surface of the first support element (CF3, Para [ 0180]) in a position that is vertically registered between the first support element (CF3, Para [ 0180]) and only a portion of the first LED chip (LD3, Para [ 0078, 0109-0110]), and the first cover structure (Fig 7, PXL3 region includes stacked layers [CF3, CPL, BNK,LCP3]) further comprises a material region (BANK, Para [ 0188]) on a portion of the bottom surface (CF3 , Para [ 0180]) of the first support element (CF3) that is laterally adjacent the first lumiphoric material region (region LCP3);
a second LED chip (LD2, Para [ 0078, 0109-0110]) on the submount (BSL, Para [ 0056]); and
a second cover structure (PXL2 region includes stacked layers [CF2, CPL, BNK, LCP2], Para [ 0078, 0109-0110]) arranged over the second LED chip (LD2, Para [ 0078, 0109-0110]), the second cover structure (PXL2 region includes stacked layers [CF2, CPL, BNK, LCP2]) comprising a second support element (CF2, Para [ 0180]) and a second lumiphoric material region (region LCP2, Para [0164- 0168]) that is vertically registered between the second support element (CF2, Para [ 0180]) and only a portion of the second LED chip (LD2, Para [ 0109-0110]).
BAE does not disclose explicitly a transparent material region (BANK).
In a similar field of endeavor, Yang discloses a transparent material region (BANK) (Fig 4, Para [ 0088] discloses “bank 210 with a transparent material”).
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 BAE in light of Yang teaching “a transparent material region (BANK) (Fig 4, Para [ 0088] discloses “bank 210 with a transparent material”)” for further advantage such as realizing high resolution. In addition, a transparent bank may be more cost-effective (Yang, Para [ 0088]).
Regarding claim 11. BAE in light of Yang discloses the LED package of claim 10, BAE further discloses wherein the first lumiphoric material region and the second lumiphoric material region comprise a same type of lumiphoric material (Para [ 0171]).
Regarding claim 12. BAE in light of Yang discloses the LED package of claim 10, BAE further discloses wherein the first lumiphoric material region (region LCP3) is arranged in a first pattern on the first cover structure (PXL3 region includes stacked layers [CF3, CPL, BNK, LCP3]) and the second lumiphoric material region (region LCP2) is arranged in a second pattern on the second cover structure (PXL2 region includes stacked layers [CF2, CPL, BNK, LCP2]), wherein the first pattern is different than the second pattern ( Para [ 0171] discloses “second light conversion pattern LCP2 may optionally include light scattering particles (e.g., light scattering particles of the types (e.g., kinds) identical to or different from the light scattering particles SCT included in the third light conversion pattern LCP3”).
Regarding claim 14. BAE in light of Yang discloses the LED package of claim 10, BAE further discloses further comprising:
a third LED chip (LD1) on the submount (BSL); and
a third cover structure (PXL1 region includes stacked layers [CF1, CPL, BNK, LCP1]) arranged over the third LED chip (LD1), the third cover structure (PXL1 region includes stacked layers [CF1, CPL, BNK, LCP1]) comprising a third lumiphoric material region (region LCP1) that is vertically registered over only a portion of the third LED chip (LD1).
Claim 13 is ejected under 35 U.S.C. 103 as being unpatentable over BAE et al (US 2022/0199694 A1; hereafter BAE) in view of YANG et al (US 2023/0163259 A1; hereafter YANG) as applied claims above and further in view of SOER et al (US 2020/0357958 A1; hereafter SOER).
Regarding claim 13. BAE in light of Yang discloses the LED package of claim 10, BAE in light of Yang 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 BAE in light of Yang 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.
ALTERNATE REJECTION:
Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over NAKABYASHI et al (US 2023/0027533 A1; hereafter NAKABYASHI) in view of TROTTIER (US 2010/0117106 A1; hereafter TROTTIER).
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Regarding claim 10. NAKABYASHI discloses a light-emitting diode (LED) package (Fig 2, Para [ 0052-0058, 0104-0110]) comprising:
a submount (Fig 2, substrate 10, Para [0104]);
a first LED chip (first light emitting element 20A, Para [ 0052]) on the submount (Fig 2, substrate 10, Para [0058]);
a first cover structure (Fig 2, first light-transmissive member 30A, Para [0104]) arranged over the first LED chip (first light emitting element 20A, Para [ 0052]), the first cover structure (Fig 2, first light-transmissive member 30A, Para [0104]) comprising a first support element ( left layer 33A) and a first lumiphoric material region (left layer 32A, Para [ 0110-0113]) on a bottom surface of the first support element ( left layer 33A) in a position that is vertically registered between the first support element ( left layer 33A) and only a portion of the first LED chip (first light emitting element 20A);
a second LED chip (second light emitting element 20B) on the submount (Fig 2, substrate 10, Para [0104]); and
a second cover structure (Fig 2, first light-transmissive member 30A, Para [0104]) arranged over the second LED chip (second light emitting element 20B), the second cover structure (Fig 2, first light-transmissive member 30A, Para [0104]) comprising a second support element ( right layer 33A) and a second lumiphoric material region (right layer 32A, Para [ 0110-0113]) that is vertically registered between the second support element ( right layer 33A) and only a portion of the second LED chip (second light emitting element 20B).
But, NAKABYASHI does not disclose explicitly the first cover structure further comprises a transparent material region on a portion of the bottom surface of the first support element that is laterally adjacent the first lumiphoric material region.
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In a similar field of endeavor, TROTTIER discloses the first cover structure (Fig 4, annotated support element and light-conversion layer 430, construed as cover structure, Para [ 0044-0050]) further comprises a transparent material region (Fig 4, “regions 432 may include a transparent material such as epoxy or silicone”, Para [ 0048]) on a portion of the bottom surface of the first support element (Fig 4, annotated support element) that is laterally adjacent the first lumiphoric material region (Fig 4, phosphor regions 431, Para [ 0044-0050]).
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 NAKABYASHI in light of TROTTIER teaching “the first cover structure (Fig 4, annotated support element and light-conversion layer 430, construed as cover structure, Para [ 0044-0050]) further comprises a transparent material region (Fig 4, “regions 432 may include a transparent material such as epoxy or silicone”, Para [ 0048]) on a portion of the bottom surface of the first support element (Fig 4, annotated support element) that is laterally adjacent the first lumiphoric material region (Fig 4, phosphor regions 431, Para [ 0044-0050])” for further advantage such as cost-effective LED-based lighting sources having improved efficiency and brightness.
Regarding claim 18. NAKABYASHI in light of TROTTIER discloses the LED package of claim 10, But, NAKABYASHI does not disclose explicitly wherein the first lumiphoric material regioncomprises a plurality of discrete portions that forms a repeating pattern across the first cover structure.
In a similar field of endeavor, TROTTIER discloses wherein the first lumiphoric material region comprises a plurality of discrete portions (Fig 4, phosphor regions 431, Para [ 0044-0050]) that forms a repeating pattern across the first cover structure (Fig 4, phosphor regions 431, Para [ 0044-0050]).
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 NAKABYASHI in light of TROTTIER teaching “wherein the first lumiphoric material region comprises a plurality of discrete portions (Fig 4, phosphor regions 431, Para [ 0044-0050]) that forms a repeating pattern across the first cover structure (Fig 4, phosphor regions 431, Para [ 0044-0050])” for further advantage such as cost-effective LED-based lighting sources having improved efficiency and brightness.
Conclusion
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.
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/MOIN M RAHMAN/Primary Examiner, Art Unit 2898
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