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 9/22/2025. Claims 1-6, 8-12 & 14-20 are pending in this application. Claims 7 & 13 is canceled. Claims 17-20 are withdrawn.
Claims 1-6, 8-12 & 14-16 are examined in this Office Action.
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.
2. Claim 6 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In particular, claim 6 cites “the second wavelength converter…disposed on a different region of the housing with respect to the first wavelength converter” is not clear when reading into claim 1. Claim 1 requires a region of the second phosphor covers a region of the first phosphor in a plan view, thus, the second wavelength converter (includes the second phosphor) should be disposed on a same region of the house with respect to the first wavelength converter (includes the first phosphor). Applicant is suggested to revise and clarify the claim to avoid any further confusions.
For best understanding and examination purpose, the claim(s) will be best considered based on drawings, disclosure, and/or any applicable prior arts.
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.
3. Claim(s) 1-6, 9-12 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2010/0025700) in view of Ng et al. (US 2012/0162979) and Park et al. (US 2016/0133799).
Re claim 1, Jung teaches, under BRI, Figs. 1-4, [0034, 0035, 0037, 0044, 0047, 0054, 0057], a light emitting device comprising:
-a housing (130) including a plurality of walls (of 131) defining a cavity (131) having one side (top) thereof opened;
-a light emitter (112, 122’) disposed in the cavity and configured to emit light having a peak wavelength in a blue wavelength band (blue LED 112), the light emitter including a first light emitting chip (122’) and a second light emitting chip (112) spaced apart from each other;
-a reflective region (reflective surfaces [0044]) disposed in the housing (130) and configured to reflect light emitted from the light emitter (112, 122’); and
-a wavelength conversion layer (114, 124’) disposed on the light emitter and including a first wavelength converter (114) and a second wavelength converter (124’) configured to emit light having different peak wavelengths from each other (yellow vs red, [0057]),
wherein the first wavelength converter (114) has a first excitation peak wavelength at which the first wavelength converter exhibits efficient excitation [0037] and the second wavelength converter (124’) has a second excitation peak wavelength at which the second wavelength converter (124’) exhibits efficient excitation [0047], wherein the second excitation peak wavelength is different (red or UV) from the first excitation peak wavelength [0057],
wherein the first wavelength converter includes a first phosphor (yellow phosphor 114),
wherein the second wavelength converter includes a second phosphor (red phosphor 124’) [0057], and
wherein at least a region of the first phosphor (114) contacts (via 130 or 140) the second phosphor (124’).
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Jung does not explicitly teach at least the at least a region of the first phosphor directs contacts the second phosphor and a region of the second phosphor covers the region of the first phosphor in plan view.
Ng teaches, Fig. 5, abstract, [0029, 0031] , at least the at least a region of the first phosphor (541, 546) directs contacts the second phosphor (542, 547) and a region of the second phosphor (542, 547) covers the region of the first phosphor (541, 546) in plan view.
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As taught by Ng, one of ordinary skill in the art would utilize & modify the above teaching to obtain at least the at least a region of the first phosphor directs contacts the second phosphor and a region of the second phosphor covers the region of the first phosphor in plan view as claimed, because it aids in achieving a desired visible white light. Further, it has been held that that rearranging part of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Ng in combination with Jung due to above reason.
Jung/Ng does not teach wherein the 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, and wherein the second excitation peak wavelength is between 440 nm and 470 nm.
Park teaches, abstract & [0096], teach wherein the 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 (e.g., Li, Na, K, Rb, Cs), and M is one of Ti, Si, Zr, Sn, and Ge (e.g., Si, Ti, Zr, Hf, Ge, Sn), and wherein the second excitation peak wavelength (fluoride phosphor) is between 440 nm and 470 nm (e.g., 420nm - 470 nm).
As taught by Park, one of ordinary skill in the art would utilize & modify the above teaching to obtain the second phosphor that is a fluoride-based red phosphor represented by A2MF6:Mn4+, and the second excitation peak wavelength is between 440 nm and 470 nm as claimed, because it aids in achieving light emitting device having improved optical characteristics and reliability.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Park in combination with Jung/Ng due to above reason.
Re claim 2, Jung the first excitation peak wavelength (yellow) is less than the second excitation peak wavelength (red).
Re claim 3, in combination cited above, Park teaches the second excitation peak wavelength is about 450 nm [0096].
Re claim 4, in combination cited above, Park teaches, Fig. 12, [0108], the first wavelength converter (150c) is configured to convert a primary light emitted from the light emitter (130) to a secondary light having a peak wavelength in a green wavelength band (based on green phosphor 156).
Re claim 5, Jung teaches the second wavelength converter (124’) is configured to convert a primary light (UV) emitted from the light emitter to a third light having a peak wavelength in a red wavelength band (red phosphor 124') [0057].
Re claim 6, Jung teaches, under BRI, the second wavelength converter (124’) is disposed on the light emitter (112, 122’) and disposed on a different region of the housing with respect to the first wavelength converter (114) (Fig. 4).
Re claim 9, Jung teaches, Fig. 4, [0057], light emitted from the light emitting device is a combination of light emitted from the first and second light emitting chips (112, 122’), light emitted from the first wavelength converter (114), and light emitted from the second wavelength converter (124’).
Re claim 10, in combination cited above, Jung/Ng/Park teaches the light emitted from the light emitting device has 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 (e.g., based on similar teaching, the prior arts suggest all the structural limitations of the claim, the claimed property and/or functional limitation are presumed inherent per MPEP 2112 and/or 2114).
Re claim 11 & 16, Jung teaches, under BRI, Figs. 1-4, [0034, 0035, 0037, 0044, 0047, 0054, 0057], a light emitting device comprising:
-a housing (130) including a plurality of walls (of 131) defining a cavity (131) having one side (top) thereof opened;
-a light emitter (112, 122’) disposed in the cavity and configured to emit light having a peak wavelength in a blue wavelength band (blue 112);
-a reflective region (reflective surfaces [0044]) disposed in the housing (130) and configured to reflect light emitted from the light emitter (112, 122’); and
-a wavelength conversion layer (114, 140, 124’) disposed on the light emitter and including a first wavelength converter (114) and a second wavelength converter (124’ or 140/124’) configured to emit light having different peak wavelengths from each other (red vs yellow, [0057]),
wherein the first wavelength converter (114) has a first excitation peak wavelength at which the first wavelength converter (114) exhibits efficient excitation [0037] and the second wavelength converter (124’) has a second excitation peak wavelength at which the second wavelength converter (124’) exhibits efficient excitation [0047], where the second excitation peak wavelength different from the first excitation peak wavelength [0057],
wherein the first wavelength converter includes a first phosphor (114) and the second wavelength converter includes a second phosphor (124’) [0057],
wherein at least a region of the first phosphor (114) contacts (via 130 or 140) the second phosphor (124’), and
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 (e.g., based on similar teaching, the prior art suggests all the structural limitations of the claim, the claimed property and/or functional limitation are presumed inherent per MPEP 2112 and/or 2114).
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Jung does not explicitly teach at least the at least a region of the first phosphor directs contacts the second phosphor and a region of the second phosphor covers the region of the first phosphor in plan view.
Ng teaches, Fig. 5, abstract, [0029, 0031] , at least the at least a region of the first phosphor (541, 546) directs contacts the second phosphor (542, 547) and a region of the second phosphor (542, 547) covers the region of the first phosphor (541, 546) in plan view.
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As taught by Ng, one of ordinary skill in the art would utilize & modify the above teaching to obtain at least the at least a region of the first phosphor directs contacts the second phosphor and a region of the second phosphor covers the region of the first phosphor in plan view as claimed, because it aids in achieving a desired visible white light. Further, it has been held that that rearranging part of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Ng in combination with Jung due to above reason.
Jung/Ng does not teach wherein the second excitation peak wavelength is between 440 nm and 470 nm, and 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.
Park teaches, abstract & [0096], teach wherein the second excitation peak wavelength (fluoride phosphor) is between 440 nm and 470 nm (e.g., 420 nm – 470 nm), and 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 (e.g., Li, Na, K, Rb, Cs), and M is one of Ti, Si, Zr, Sn, and Ge (e.g., Si, Ti, Zr, Hf, Ge, Sn).
As taught by Park, one of ordinary skill in the art would utilize & modify the above teaching to obtain the second excitation peak wavelength is between 440 nm and 470 nm and the second wavelength converter comprising a fluoride-based red phosphor represented by A2MF6:Mn4+ as claimed, because it aids in achieving light emitting device having improved optical characteristics and reliability.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Park in combination with Jung/Ng due to above reason.
Re claim 12, Jung teaches, Fig. 4, the second wavelength converter (124’ or 140, 124’) is disposed on the light emitter, and the first excitation peak wavelength (yellow) is less than the second excitation peak wavelength (red).
Re claim 14, Jung teaches the second wavelength converter (140, 124’) has a region (at 124’) directly contacting the light emitter (112,122’) (Fig. 4).
Re claim 15, Jung teaches, Fig. 4, [0057], light emitted from the light emitting device is a combination of light emitted from the first and second light emitting chips (112, 122’), light emitted from the first wavelength converter (114), and light emitted from the second wavelength converter (124’).
4. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jung as modified by Ng/Park as applied to claim 1 above, and further in view of Tasaki et al. (US 2015/0361270 A1).
The teachings of Jung/Ng/Park have been discussed above.
Re claim 8, Jung/Ng/Park does not teach the housing has a white color and comprises an opaque silicone resin including a mixture of phenyl silicone resin and a methyl silicon resin.
Tasaki discloses a white reflective film (abstract) which has a white color and comprises an opaque silicone resin including a mixture of a phenyl silicone resin and a methyl silicone resin [0123-0127].
As taught by Tasaki, one of ordinary skill in the art would utilize & modify the above teaching to obtain the housing has a white color and comprises an opaque silicone resin including a mixture of phenyl silicone resin and a methyl silicon resin as claimed, because it aids in achieving a white reflective film having excellent hardness and reflectance, the reflectance not being likely to lower with time.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Tasaki in combination with Jung/Ng/Park due to above reason.
Double Patenting
5. 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 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 phosphors, second phosphor covers (disposed on) first phosphor, etc. Park teaches excitation efficiency in a wavelength between 420 nm to 470 nm [0096] & fluoride based red phosphor (abstract)
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 phosphor directly contacts the second phosphor and a region of the second phosphor covers the region of the first phosphor 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 phosphor directly contacts the second phosphor and a region of the second phosphor covers the region of the first phosphor 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.
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.
13. The light emitting element comprising of claim 8, wherein the second phosphor layer is disposed on the first phosphor layer.
Response to Arguments
6. Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection. Response to arguments on newly added limitations are responded to in the above rejection.
Conclusion
7. 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 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 9/25/25
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