DETAILED ACTION
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.
(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.
Claim(s) 1, 5-11 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Joo et al. (US 20200075813; herein “Joo”) and as supported by Andrews et al. (US 20180033924; herein “Andrews”), which is incorporated by reference (see Joo [0049]).
Regarding claim 1, Joo discloses in Fig. 6 and related text a light-emitting diode (LED) device comprising:
an LED chip (70-1, see [0062]) comprising a top face, and a bottom face;
a cover structure (76-1, see [0062]) over the top face of the LED chip, wherein the cover structure comprises a lens structure (80-1, see [0062] and [0049]; see also Andrews [0062] at least) and a layer comprising lumiphoric material (78-1, see [0062]); and
a side layer (82/86) that bounds (e.g. on at least one side) at least the top face and the bottom face of the LED chip, wherein the side layer comprises an inner layer (82) comprising a first light-altering material with a first light-altering property (see [0062]) and an outer layer (86) comprising a second light-altering material with a second light-altering property (see [0062]).
Regarding claim 5, Joo further discloses wherein the first light-altering property of the inner layer (82) is reflective (see [0062]) and the second light-altering property of the outer layer (86) is absorptive (see [0062]).
Regarding claim 6, Joo further discloses the first light-altering property of the inner layer is reflective to a first wavelength range and not reflective to a second wavelength range (see [0054] which recites materials for the reflective layer which are the same as the disclosed materials).
Note that it is the Office's position that because the device of Joo has all of the structural limitations, and the reflective materials of Joo are the same as those disclosed by applicant, the claimed invention will have the property claimed by applicant and is capable of performing in the manner claimed by the applicant. Further, the limitation of a " reflective to a first wavelength range and not reflective to a second wavelength range,” is a functional limitation of the claimed device. While features of an apparatus may be recited either structurally or functionally, claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114.I and 2112.01.
Regarding claim 7, Joo further discloses wherein the second light-altering property of the outer layer is absorptive to a first wavelength range and not absorptive to a second wavelength range (see [0054] which recites materials for the reflective layer which are the same as the disclosed materials).
Note that it is the Office's position that because the device of Joo has all of the structural limitations, and the absorptive materials of Joo are the same as those disclosed by applicant, the claimed invention will have the property claimed by applicant and is capable of performing in the manner claimed by the applicant. Further, the limitation of a " reflective to a first wavelength range and not reflective to a second wavelength range,” is a functional limitation of the claimed device. While features of an apparatus may be recited either structurally or functionally, claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114.I and 2112.01.
Regarding claim 8, Joo further discloses wherein the LED device comprises a plurality of LED chips (70-1 and 70-2) disposed on a surface, wherein each LED chip of the plurality of LED chips comprise respective side layers (see Fig. 6).
Regarding claim 9, Joo further discloses wherein the side layer (82/86) also covers at least a portion of a side of the cover structure (76-1).
Regarding claim 10, Joo further discloses wherein the inner layer (82) of the side layer is formed from at least one of silicone material or epoxy material (see [0058]).
Regarding claim 11, Joo further discloses wherein the outer layer of the side layer (86) is formed from at least one of silicone material or epoxy material (see [0058]).
Regarding claim 18, Joo further discloses wherein a top and bottom of the side layer (82/86) is coplanar with a top surface of the cover structure and the bottom face of the LED chip, respectively (see Fig. 6).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joo.
Regarding claim 2, Joo does not explicitly disclose wherein each of the inner layer and the outer layer of the side layer have thicknesses that are between 15 microns (µm) and 100 µm.
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the thickness to be a result effective variable affecting the optical properties of the device. Thus, it would have been obvious to modify the device of Joo to have the thicknesses within the claimed range in order to achieve a desired reflectivity, absorptivity, isolation between devices, and overall extraction of the device, and since optimum or workable ranges of such variables are discoverable through routine experimentation. see MPEP 2144.05 II.B and 2143. Furthermore, it has also been held that the applicant must show that a particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936, (Fed. Cir. 1990). Note that the law is replete with cases in which when the mere difference between the claimed invention and the prior art is some dimensional limitation or other variable within the claims, patentability cannot be found. The instant disclosure does not set forth evidence ascribing unexpected results due to the claimed dimensions. See Gardner v. TEC Systems, Inc., 725 F.2d 1338 (Fed. Cir. 1984), which held that the dimensional limitations failed to point out a feature which performed and operated any differently from the prior art.
Regarding claim 3, Joo further discloses where a thickness of the inner layer is different than a thickness of the outer layer (see Fig. 6).
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a thickness of the inner layer is different than a thickness of the outer layer for the purpose of choosing from a finite number of identified, predictable solutions (e.g. the same thickness or different thickness), with a reasonable expectation of success (KSR International Co. v. Teleflex Inc. 82 USPQ2d 1385 (2007)).
Regarding claim 4, Joo further discloses wherein the thicknesses of the inner layer and outer layer of the side layer are selected based on a predetermined light-altering effect.
Response to Arguments
Applicant's arguments filed 1/30/2026 have been fully considered but they are not persuasive.
Applicant argues (page 7-8) that Joo does not teach or suggest the cover structure 76-1 comprising a lens because “there is no mention…of a cover structure also including a lens.”
In response, the examiner disagrees. Specifically, Applicant’s disclosure provides lens structure 106 which is “may comprise a material that is light-transmissive and/or transparent to light emitted by the LED chip 102 and light that is converted by the conversion layer 104.” Therefore, the claimed “lens” merely requires a light-transmissive and/or transparent material. Element 80-1 of Joo is a transparent material, as supported by Andrews. Accordingly, Joo discloses a lens as claimed. The fact that Joo does not use the specific term “lens” does not compromise this.
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 Lauren R Bell whose telephone number is (571)272-7199. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at (571) 272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN R BELL/Primary Examiner, Art Unit 2896 3/19/2026