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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/14/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 3-6 and 8-11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation, “the two pin portions of the first pin pair” however there is insufficient antecedent basis for this limitation in the claim. It seems as if Applicant is referring to at least one first pin pair and remaining parts of the pin portions.
Claim 4 recites the limitation, “the two pin portions” however there is insufficient antecedent basis for this limitation in the claim. A first pin portion and a second pin portion have not been established, in an effort of compact prosecution the Examiner will interpret the language to mean, a second pin portion of the first pin pair.
Claim 5 recites the limitation, “the first lateral end portion or the second lateral end portion” however there is insufficient antecedent basis for this limitation in the claim. The first lateral end portion or the second lateral end portion has been established in claim 2, not claim 1 or claim 5. Claim 6 is rejected by virtue of its dependency on claim 5.
Claim 6 recites the limitation, “the first lateral end portion or the second lateral end portion” in line 3-4 and future recites, “a first lateral end portion and a second lateral end portion” in lines 5-6 and again in 13-14, and 26-27. An attempt was made to establish “a first lateral end portion and a second lateral end portion” in claim 5, it is unclear if Applicant is attempting to establish additional “first lateral end portion and second lateral end portion.”
Claim 8 recites the limitation, “one of the two pin portions of one of the first pin pairs” however there is insufficient antecedent basis for this limitation in the claim. A first pin portion and a second pin portion have not been established, in an effort of compact prosecution the Examiner will interpret the language to mean, a second pin portion of the first pin pair.
Further, claim 8 requires the limitation, “an LED chip assembly” and “an LED encapsulation resin” however “an LED chip assembly” and “an LED encapsulation resin” has been established in claim 1. It is unclear if the claim required a second LED chip assembly or if it is the same LED assembly and the same an LED encapsulation resin. In an effort of compact prosecution, the Examiner interpret the LED assembly to be the same.
Claims 9-11 are rejected by virtue of their dependencies on claim 8.
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.
Claims 1-4 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. [US 2009/0189174 A1], “Lee”.
Regarding claim 1, a light-emitting diode (LED) lighting base (Fig. 1-6, also refer to Fig. 1* for further clarification), characterized by comprising:
an insulation housing (90 and ¶0028] and ¶[0034] teaches plastics formed by a mold-injection method), the insulation housing being formed with a recessed compartment (60) for receiving an LED chip assembly (40) and an LED encapsulation resin therein (¶[0034] teaches the molding part 80 is formed at the housing 30 peripheral to the LED chip 40, and may be filled with an encapsulant to protect the LED chip 40 mounted in the inner lead 20a);
multiple conductive terminals (20) which are respectively fixed in the insulation housing by means of injection molding (¶[0034]), each of the conductive terminals comprising
a solder pad portion (200) extending into the recessed compartment to electrically connect to the LED chip assembly (as shown in Fig 2 and 3) and
a pin portion (20b) exposed outside the insulation housing (Fig. 1 and 3), at least parts of the pin portions being group pairwise to form a first pin pair (see annotated Fig. 1 below);
at least one first pin pair Fig. 1*, (PP1) being arranged along a first trace (AB portions of PP1 extends along the first trace) and extending in a direction away from the insulation housing (the portion extends outward and downward away from the housing, the Examiner notes the limitation, “extending in a direction away from the insulation housing” does not require a region past the insulation housing just in a direction),
remaining parts of the pin portions (Fig.1 *,PP2) being arranged along a second trace (CD),
the first trace and the second trace intersecting each other (as show in Fig, 1*).
The language, term, or phrase " by means of injection molding." It is well settled that "product by process" limitations in claims drawn to function are directed to the product, per se, no matter how actually made. In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also, In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wethheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al., 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or otherwise. The above case law further makes clear that applicant has the burden of showing that the method language necessarily produces a structural difference. As such, the language " is directed towards the process of making the insulation housing" only requires as insulation housing, which does not distinguish the invention from Lee, who teaches the structure as claimed.
PNG
media_image1.png
644
723
media_image1.png
Greyscale
Regarding claim 2, Lee disclose claim 1, Lee future discloses characterized in that the insulation housing (90) comprises a first lateral end portion (Fig. 1*, LP1) and a second lateral end portion (LP2) opposite to the first lateral end portion (as shown above); the first trace (AB) is a straight line connecting between the first lateral end portion and the second lateral end portion, the number of the first pin pair being one (as shown), the first pin pair extending from the first lateral end portion (as shown, portion of the first pin pair extends in the direction of the first later end portion) or the second lateral end portion in a direction away from the insulation housing; or alternatively, the insulation housing comprises a first lateral end portion and a second lateral end portion opposite to the first lateral end portion; the first trace is a straight line connecting between the first lateral end portion and the second lateral end portion; the number of the first pin pair is two, in which one of the first pin pairs extends from the first lateral end portion in a direction away from the insulation housing, and another one of the first pin pairs extends from the second lateral end portion in a direction away from the insulation housing.
Regarding claim 3, Lee disclose claim 2, Lee future discloses characterized in that the two pin portions (PP1 and PP2) of the first pin pair (20b) arranged along the first trace each have a side wall surface, and the two side wall surfaces face each other, and from the first lateral end portion (as shown) or the second lateral end portion toward an end away from the insulation housing, a distance between the two side wall surfaces is consistent or gradually increased (as shown).
Regarding claim 4, Lee disclose claim 1, Lee future discloses characterized in that the insulation housing (90) is formed with an avoiding portion (region 10), and the avoiding portion is arranged between the two pin portions (FPP and SPP) of a same first pin pair arranged along the first trace (as shown).
Regarding claim 7, Lee disclose claim 1, Lee future discloses characterized in that the first trace (Fig. 1, CD) and the second trace(AB) perpendicularly intersect (as shown in Fig. 1*); or, the first trace and the second trace are coplanar and perpendicularly intersect.
Regarding claim 8, Lee disclose claim 1, Lee future discloses one of the two pin portions of one of the first pin pairs arranged along the first trace being a signal input terminal, another being a signal output terminal (¶[0005] and ¶[0030]-¶[0031]); an LED chip assembly (40), the LED chip assembly being mounted in the recessed compartment of the LED lighting base and electrically connected to the multiple solder pad portions (as shown in Fig. 5); an LED encapsulation resin, the LED encapsulation resin being filled in the recessed compartment and hermetically encapsulating the LED chip assembly (¶[0034] teaches the molding part 80 is formed at the housing 30 peripheral to the LED chip 40, and may be filled with an encapsulant to protect the LED chip 40 mounted in the inner lead 20a). Furthermore, the language of " a signal input terminal", and “a signal output terminal” does not distinguish the claim from the structural limitations of the prior art. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). See MPEP § 2112.01. Future, The language, term, or phrase "hermetically encapsulating," is directed towards the process of making forming the LED encapsulation resin. It is well settled that "product by process" limitations in claims drawn to function are directed to the product, per se, no matter how actually made. In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also, In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wethheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al function., 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or otherwise. The above case law further makes clear that applicant has the burden of showing that the method language necessarily produces a structural difference. As such, the language " hermetically encapsulating " only requires a the LED encapsulation resin, which does not distinguish the invention from Lee, who teaches the structure as claimed.
Regarding claim 9, Lee disclose claim 8, Lee future discloses characterized in that the LED chip assembly (Fig. 5, 40) comprises a driving chip (270) and at least one kind of light-emitting chip (40), and the driving chip is electrically connected to the light-emitting chip (as shown in Fig. 5).
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.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. [US 2009/0189174 A1], “Lee” as applied to claim 8 above, and further in view of Fan [US 6,914,194 B2].
Regarding claim 10, Lee discloses the LED lighting bead of claim 8. Lee does not disclose a light-emitting diode (LED) lighting strip, characterized by comprising: at least two of the LED lighting beads according to claim 8; the at least two LED lighting beads being arranged at intervals along the second trace; a conductive line assembly, the conductive line assembly comprising at least two signal lines, in which an end of one of the signal lines is configured to be connected to an external signal source and another end is connected to the signal input terminal of one of the LED lighting beads for input signals to the LED lighting bead; two adjacent LED lighting beads being connected by another one of the signal lines for cascade transmission of the signals between the LED lighting beads.
However, Fan discloses a flexible LED cable light (Fig. 1-9) comprising at least two of the LED lighting beads (4); the at least two LED lighting beads (4) being arranged at intervals along the second trace (as shown); a conductive line assembly (2a, 2b), the conductive line assembly comprising at least two signal lines (2a,2b), in which an end of one of the signal lines is configured to be connected to an external signal source (Fig. 3, 10) and another end is connected to the signal input terminal of one of the LED lighting beads for input signals to the LED lighting bead (as shown in Fig. 1); two adjacent LED lighting beads being connected by another one of the signal lines for cascade transmission of the signals between the LED lighting beads (Col. 2, line 24-38).
Therefore it would have been obvious to one of ordinary skill in the art to use a light-emitting diode (LED) lighting strip as taught in Fan with the LED lighting bead of claim 8 of Lee such that at least two of the LED lighting beads according to claim 8; the at least two LED lighting beads being arranged at intervals along the second trace; a conductive line assembly, the conductive line assembly comprising at least two signal lines, in which an end of one of the signal lines is configured to be connected to an external signal source and another end is connected to the signal input terminal of one of the LED lighting beads for input signals to the LED lighting bead; two adjacent LED lighting beads being connected by another one of the signal lines for cascade transmission of the signals between the LED lighting beads because using the lighting strip will provide an improved flexible LED cable lighting (Col 3, line 30-37 of Fan).
Regarding claim 11, Lee as modified by Fan disclose claim 10, Lee in view of Fan further discloses a spacing distance is present between the signal lines and the insulation housing (as taught by Fig. 8 of Fan); and/or, the conductive line assembly further comprises a power line; the power line being electrically connected to the pin portions arranged along the second trace (as shown in Fig. 3 of Fan).
Allowable Subject Matter
Claims 5 and 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kobayakawa [US 2014/0339595 A1] discloses a case covering the lead and surrounding the LED chip with a projecting portion.
Kobayakawa [US 2017/0098642 A1] discloses a case covering the lead and surrounding the LED chip with a plurality of lead with projecting portion.
Lee et al. [US 2012/0104436 A1] discloses a case covering the lead and surrounding the LED chip with a plurality of lead with projecting portion that wraps under the case.
Chan et al. [US 2011/0248293 A1] An emitter package, comprising: a casing comprising a cavity extending into the interior of said casing from a top surface of said casing; an electrically conductive lead frame integral to said casing, wherein said lead frame comprises features that cooperate with said casing to provide a robust connection between said lead frame and said casing; and a plurality of light emitting devices arranged on conductive parts of said lead frame, said light emitting devices and portions of said lead frame exposed through said cavity; wherein the bottom of said cavity comprises a different shape than the top of said cavity, with the shape of said cavity bottom increasing the surface area of said exposed lead frame portions.
Chang et al. [US 2002/0066905 A1] teaches different lead/terminal shape
Loh [US 2008/0283861 A1] disclose a light emitting die package (10) comprises leadframe (20) including leads (22), and having top and bottom sides, where portion of leadframe defines mounting pad; light emitting device(s) (LED(s)) mounted on mounting pad; molded body (40) integrated with portions of leadframe.
Itai et al. [US 2009/0230413 A1] The device has a resin package (4) surrounding a semiconductor light source, and a lead (1A) fixed to the resin package. The lead is provided with a die bonding pad for bonding the semiconductor light source, and is coupled with an exposed surface opposite to the die bonding pad and exposed to an outer side of the resin package.
Chan et al. [US 2013/0307013 A1] A light-emitting device having a plurality of leads, a body, a light source die, a dark layer, and a substantially transparent encapsulant.
Kokubu et al. [US 2012/0080711 A1] a light emitting device comprises a case having a space therein, the space defined by an inner bottom surface and an inner side surface of the case, a lead frame housed in the space, and having a bending portion bent along the inner side surface of the case, and a light emitting element electrically connected to the lead frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRIYA M RAMPERSAUD whose telephone number is (571)272-3464. The examiner can normally be reached Mon-Wed 9am-6pm.
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, Chad Dicke can be reached at (571)270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
PRIYA M. RAMPERSAUD
Examiner
Art Unit 2897
/PRIYA M RAMPERSAUD/Examiner, Art Unit 2897 /CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897