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 .
Status of the Application
1. Acknowledgement is made of the amendment received on 8/19/2026. Claims 1-5, 8-12 & 14-20 are pending in this application. Claims 6 & 13 are canceled. Claims 17-20 are withdrawn.
Claims 1-5, 8-12 & 14-16 are examined in this Office Action.
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-5, 8-12 & 14-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,611,020 in view of Park et al. (US 2016/0133799). Because the current claims and claims of Patent No., both claim same/similar limitations such as housing with cavity, light emitter (light emitting part) in the cavity including first/second emitting chips, reflective region in the housing, wavelength conversion layer (wavelength converter) including first wavelength convert (first phosphor layer), second wavelength converter (second phosphor layer), fluoride-based red phosphor, and first/second wavelength converters, second wavelength converter covers (disposed on) first wavelength converter, etc. Park teaches direct contact between first/second wavelength converters, excitation efficiency in a wavelength between 420 nm to 470 nm [0096] & fluoride based red phosphor (abstract, Fig. 5).
Current Application
1. A light emitting device comprising:
a housing including a plurality of walls defining a cavity having one side thereof opened;
a light emitter disposed in the cavity and configured to emit light having a peak wavelength in a blue wavelength band, the light emitter including a first light emitting chip and a second light emitting chip spaced apart from each other;
a reflective region disposed in the housing and configured to reflect light emitted from the light emitter; and
a wavelength conversion layer disposed on the light emitter and including a first wavelength converter and a second wavelength converter configured to emit light having different peak wavelengths from each other,
wherein the first wavelength converter has a first excitation peak wavelength at which the first wavelength converter exhibits efficient excitation and the second wavelength converter has a second excitation peak wavelength at which the second wavelength converter exhibits efficient excitation, wherein the second excitation peak wavelength is different from the first excitation peak wavelength,
wherein the first wavelength converter includes a first phosphor, wherein the second wavelength converter includes a second phosphor that is a fluoride-based red phosphor represented by A2MF6:Mn4+, wherein A is one of Li, Na, K, Ba, Rb, Cs, Mg, Ca, Se, and Zn, and M is one of Ti, Si, Zr, Sn, and Ge,
wherein at least a region of the first wavelength converter directly contacts the second wavelength converter and a region of the second wavelength converter covers the region of the first wavelength converter in a plane view, and
wherein the second excitation peak wavelength is between 440 nm and 470 nm.
11. A light emitting device comprising:
a housing including a plurality of walls defining a cavity having one side thereof opened;
a light emitter disposed in the cavity and configured to emit light having a peak wavelength in a blue wavelength band;
a reflective region disposed in the housing and configured to reflect light emitted from the light emitter; and
a wavelength conversion layer disposed on the light emitter and including a first wavelength converter and a second wavelength converter configured to emit light having different peak wavelengths from each other,
wherein the first wavelength converter has a first excitation peak wavelength at which the first wavelength converter exhibits efficient excitation and the second wavelength converter has a second excitation peak wavelength at which the second wavelength converter exhibits efficient excitation, wherein the second excitation peak wavelength is different from the first excitation peak wavelength,
wherein the first wavelength converter includes a first phosphor and the second wavelength converter includes a second phosphor,
wherein at least a region of the first wavelength converter directly contacts the second wavelength converter and a region of the second wavelength converter covers the region of the first wavelength converter in a plan view,
wherein the light emitting device is configured to emit light having a color coordinate that is disposed in a triangle represented by R(x 0.677, y 0.3), G(x 0.151, y 0.737) and B(x 0.154, y 0.047) in the CIE xy coordinate system, and
wherein the second excitation peak wavelength is between 440 nm and 470 nm.
6. The light emitting device of claim 11, wherein the second wavelength converter comprises a fluoride-based red phosphor represented by A2MF6:Mn4+, wherein A is one of Li, Na, K, Ba, Rb, Cs, Mg, Ca, Se, and Zn, and M is one of Ti, Si, Zr, Sn, and Ge.
11,611,020
1. A light emitting element comprising:
a housing including a plurality of walls defining a cavity having one side thereof opened;
a light emitting part disposed in the cavity and configured to emit light having a peak wavelength in a blue wavelength band, the light emitting part including a first light emitting chip and a second light emitting chip spaced apart from each other; and a wavelength converter disposed on the light emitting part and including a first phosphor layer having a first thickness and a second phosphor layer having a second thickness greater than the first thickness and directly contacting the first phosphor layer, the first phosphor layer includes a first phosphor mixed in the first phosphor layer and is configured to emit light having a peak wavelength in a green wavelength band, and the second phosphor layer includes a second phosphor and is configured to emit light having a peak wavelength in a red wavelength band, wherein the first thickness and the second thickness are each measured from a top surface of the light emitting part in a direction normal to the top surface of the light emitting part, and wherein the second phosphor comprises a fluoride-based red phosphor represented by A2MF6:Mn4+, wherein A is one of Li, Na, K, Ba, Rb, Cs, Mg, Ca, Se, and Zn, and M is one of Ti, Si, Zr, Sn, and Ge.
6. The light emitting element comprising of claim 1, wherein the second phosphor layer is disposed on the first phosphor layer.
8. A light emitting element comprising:
a housing including a plurality of walls defining a cavity having one side thereof opened; a light emitting part disposed in the cavity and configured to emit light having a peak wavelength in a blue wavelength band, the light emitting part including a first light emitting diode chip and a second light emitting diode chip spaced apart from each other; a lead portion formed in the housing and configured to supply external electric power to the light emitting part; and a wavelength converter disposed on the light emitting part and including a first phosphor layer having a first thickness and a second phosphor layer having a second thickness greater than the first thickness and directly contacting each other, the first phosphor layer includes a first phosphor mixed in the first phosphor layer and is configured to emit light having a peak wavelength in a green wavelength band, and the second phosphor layer includes a second phosphor and is configured to emit light having a peak wavelength in a red wavelength band, wherein: the first thickness and the second thickness are each measured from a top surface of the light emitting part in a direction normal to the top surface of the light emitting part; the second phosphor comprises a fluoride-based red phosphor; and at least one of the plurality of walls extends vertically with respect to a bottom surface of the housing.
13. The light emitting element comprising of claim 8, wherein the second phosphor layer is disposed on the first phosphor layer.
9. The light emitting element comprising of claim 8, wherein the fluoride-based red phosphor is represented by A2MF6:Mn4+, wherein A is one of Li, Na, K, Ba, Rb, Cs, Mg, Ca, Se, and Zn, and M is one of Ti, Si, Zr, Sn, and Ge.
Response to Arguments
3. (a) Applicant's arguments, page 7 of Remark, filed 8/19/2026, have been fully considered but they are not persuasive.
Applicant submits, under Double Patenting, “the claims US Patent No. 11,611,020 are directly primarily to the structural configuration of the phosphor layers and do not recite these excitation peak wavelength limitations”.
The examiner respectfully disagrees.
Claim 1 of US Patent no. 11611020 requires “he first phosphor layer includes a first phosphor mixed in the first phosphor layer and is configured to emit light having a peak wavelength in a green wavelength band, and the second phosphor layer includes a second phosphor and is configured to emit light having a peak wavelength in a red wavelength band”. The first/second phosphor layers are equivalent and same as the first/second wavelength converters of the pending application, hence they would have similar excitation peak wavelengths. Park ref. applied to support and teach second wavelength converter (second phosphor, fluoride based red phosphor) has peak wavelength between 440 nm and 470 nm (e.g., 420-470). Thus, for the above reasons, the pending claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims US Patent No. 11,611,020 in view of Park et al.
(b) Applicant's arguments, pages 8-12 of Remark, filed 8/19/2026, have been fully considered, and they are persuasive. The 103 rejections of claims under Jung, Ng, Masuda, Park and Tasaki are withdrawn.
Allowable Subject Matter
4. Claims 1-5, 8-12 & 14-16 would be allowable if rewritten or amended to overcome the rejection(s) under Double Patenting, set forth in this Office action.
The allowable subject matter includes “wherein the first wavelength converter has first excitation peak wavelength at which…wherein the second excitation peak wavelength is between 440 nm and 470 nm” (claims 1 & 11).
Additional prior arts include: Chen (US 2005/0218780, Figs. 2-3) discloses blue LED chip coated with red and green mixed phosphor; Bokor et al. (US 2004/0056256, Fig. 1) discloses a luminescence conversion led based illumination device that emits primarily radiation in the range of form 370 and 430 nm of the peak wavelength; and Kim et al. (US 2008/0231214, Figs. 11-15) discloses light emitting device capable of emitting light having various color temperature, individually or in combination, do not meet all limitations cited above.
Conclusion
5. THIS ACTION IS MADE FINAL. 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 DUY T.V. NGUYEN whose telephone number is (571)270-7431. The examiner can normally be reached Monday-Friday, 7AM-4PM, alternative Friday off.
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/DUY T NGUYEN/Primary Examiner, Art Unit 2818 9/17/26
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