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 .
Response to Arguments
In response to the applicant’s response on 10/06/2025, the applicants’ amendments overcome the previous prior art rejection. However, upon further search and consideration, a new rejection is formed on a new reference.
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.
Claim(s) 1-2, 5-7, 10-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gindele et al (US 20210230041 A1).
Gindele et al teaches
[claim 1] A light-emitting diode (LED) package, comprising: a packaging substrate having a first surface; an LED chp disposed on said first surface (figure 6, paragraph 0033, where element 160 is the packaging substrate with an LED; an LED chip disposed on said first surface (element 3, 33) deposited on the substrate, of which is the first surface),
and a light-transmissible unit disposed on said first surface, and formed with an indentation defined by an indentation-defining wall which cooperates with said first surface to form a cavity in which said LED chip is enclosed (figures 5 and 6, paragraphs 0019, 0024, and 0033, where the light-transmissible unit [element 102 which includes elements 21 and 23 attached to element 102] is disposed on the first surface [top side of element 160], with an indentation formed [element 30] in the cavity [element 15] formed by the light-transmissible unit disposed on the substrate. The indentation defining wall cooperates with the first surface [top side of element 160] to form such cavity and the LED [element 3, 33] is disposed in the cavity),
said indentation-defining wall including a base part, a peripheral part, and a first connecting part that interconnects said base part and said peripheral part and that includes one of a curved surface, an inclined flat surface, and a combination thereof (paragraphs 0040-0041, figure 13 [which shows as a zoomed in portion of element 102 in figure 6], where element 151 is the base part, and element 150 is the peripheral part, where the first connecting part is the curved surface connecting element 151 and 150 where the LED is surrounded by such walls and contains an inclined flat surface [element 151] and a curved surface [element 150 with the connection part, connecting 150 to 151]),
wherein said base part is spaced apart from said first surface, said LED chip is disposed between said base part and said first surface, and said peripheral part extends from said base part to said first surface, surrounds said LED chip, and has a lower surface formed at a bottom of said peripheral part and contacting said first surface (figures 6 and 13, paragraphs 0040-0041, where element 102 with elements 21 and 23 are synonymous to the cover in element 13, where the base portion is element 151 of figure 13 and the peripheral portion is element 150 of figure 13, the first surface is the top surface of the substrate [element 160], where the LED [element 3, 33] is placed on the first surface and between the first surface [top surface of element 160 of figure 2] and the base portion [element 151 of figure 13] and the peripheral portion [element 150 of figure 13] extends from the first surface to the base portion and surround the LED),
and a second connecting part, and wherein said second connecting part extends upwardly and inclinedly from said lower surface of said peripheral part to an inner surface of said peripheral part and is inclined with said first surface by an acute angle within said cavity, said second connecting part including one of a curved surface, an inclined flat surface, and a combination thereof (figure 13, paragraphs 0040-0041, where the second connection portion is the connection between element 150 and the bottom surface of element 102 of figure 13, where there is a curved portion connecting the lower surface to the bottom of the peripheral region and includes and inclined flat surface and the curved surface with an acute angle, where the angle is defined as the angle from the inside of the cavity [element 15] with the peripheral region, and such angle is less than 90 degrees).
[claim 2] The LED package of claim 1, wherein said first connecting part includes a first curved surface and is formed as an arc shape (figure 13, paragraphs 0040-0041, where the first connection part between elements 150 and 151 is shown to be curved and has an arc).
[claim 5] wherein each of said base part and said peripheral part independently includes one of a curved surface, a flat surface, and a combination thereof (figure 13, paragraphs 0040-0041, where the base part [element 151] contains a curved surface [first connection surface which is the curved portion between element 151 and element 150] and a flat surface [as shown by element 151 being flat] as well as the peripheral part [element 150] has a curved portion [second connection portion that connects element 150 to the base of the entire element 102] and also contains a flat surface [bottom of element 102]).
[claim 6] wherein said peripheral part has an upper portion adjacent to said base part and a lower portion extending from said upper portion toward said substrate, said upper portion forming an acute angle with a normal line to said first surface (figure 13, paragraphs 0040-0041, where element 150 [the peripheral part] has an upper portion which connects to the base portion through the first connection curved surface between elements 150 and 151, and the lower portion is the part of element 150 that extends from this connection portion towards the substrate [which is equivalent to the bottom of element 102 of figure 13, as it resides on the substrate], and the angle between a normal line extending from the upper portion, which can be understood as a vertical line normal to the middle of the curve, is acute in nature [less than 90 degrees]. See figure 1 below for reference).
[claim 7] wherein said acute angle is not less than 5° (figure 13, paragraphs 0040-0041, where the acute angle is less than 5 degrees. See Figure 1 below for reference).
[claim 10] wherein said cavity has a width increasing along a direction from said base part toward said first surface (figure 13, paragraphs 0040-0041, where the cavity [element 15] increases in width in a negative y-direction [from the base part, element 151, to the first surface which is the bottom of element 102 of figure 13], as seen by a diagonal taper of element 150).
[claim 11] wherein said first connecting part includes said inclined flat surface that forms a first obtuse angle with said base part (figure 13, paragraphs 0040-0041, where the curved portion between element 150 and 151 is the first connection part and is an obtuse angle [greater than 90 degrees, as shown by the curve creating such obtuse angle] with the base part, element 151).
[claim 12] wherein said inclined flat surface forms a second obtuse angle with said peripheral part (figure 13, paragraphs 0040-0041, where the curved portion between element 150 and 151 is the first connection part and is an obtuse angle [greater than 90 degrees, as shown by the curve creating such obtuse angle] with the peripheral part, element 150).
[claim 13] A light-emitting diode (LED) package, comprising: a packaging substrate having a first surface; an LED chip disposed on said first surface; (figure 6, paragraph 0033, where element 160 is the packaging substrate with an LED; an LED chip disposed on said first surface (element 3, 33) deposited on the substrate, of which is the first surface),
and a light-transmissible unit disposed on said first surface, having a lower surface that contacts with said first surface and formed with an indentation defined by an indentation-defining wall which cooperates with said first surface to form a cavity in which said LED chip is enclosed (figures 5 and 6, paragraphs 0019, 0024, and 0033, where the light-transmissible unit [element 102 which includes elements 21 and 23 attached to element 102] is disposed on the first surface [top side of element 160], with an indentation formed [element 30] in the cavity [element 15] formed by the light-transmissible unit disposed on the substrate. The bottom surface of the LED is in direct contact with the first surface. The indentation defining wall cooperates with the first surface [top side of element 160] to form such cavity and the LED [element 3, 33] is disposed in the cavity),
said indentation-defining wall including a base part, a peripheral part (figure 13, paragraphs 0040-0041, where element 150 of figure 13 is the peripheral part, and element 151 of figure 13 is the base part, which creates the indentation defining wall of the cavity)
wherein said base part is spaced apart from said first surface, said LED chip is disposed between said base part and said first surface, said peripheral part extends from said base part to said first surface, surrounds said LED chip, and has a lower surface formed at a bottom of said peripheral part and contacting said first surface (figures 6 and 13, paragraphs 0040-0041, where element 102 with elements 21 and 23 are synonymous to the cover in element 13 [element 102], where the base portion is element 151 of figure 13 and the peripheral portion is element 150 of figure 13, the first surface is the top surface of the substrate [element 160], where the LED [element 3, 33] is placed on the first surface and between the first surface [top surface of element 160 of figure 2] and the base portion [element 151 of figure 13] and the peripheral portion [element 150 of figure 13] extends from the first surface to the base portion and surround the LED),
, and a second connecting part, wherein said second connecting part extends upwardly and inclinedly from said bottom of said peripheral part to an inner surface of said peripheral part and is inclined with said first surface by an acute angle within said cavity, (figure 13, paragraphs 0040-0041, where the second connection portion is the connection between element 150 and the bottom surface of element 102 of figure 13, where there is a curved portion connecting the lower surface to the bottom of the peripheral region and includes and inclined flat surface and the curved surface with an acute angle, where the angle is defined as the angle from the inside of the cavity [element 15] with the peripheral region, and such angle is less than 90 degrees).
[claim 14] wherein said second connecting part includes a second curved surface and is formed as an arc shape (figure 13, paragraphs 0040-0041, where elements 150 connecting to the bottom of element 102 is the second connection part, and is the curved surface which connects the two portions, and is made of an arc shape).
[claim 15] wherein each of said base part and said peripheral part independently includes one of a curved surface, a flat surface, and a combination thereof (figure 13, paragraphs 0040-0041, where the base part [element 151] has a curved surface [first connection portion that connects elements 151 and 150] and a flat surface, and the peripheral portion has a curved portion [second connection portion which connects element 150 and the bottom surface of element 102] and the falt portion [the immediate connection point to the bottom surface of element 102 is flat], and comprise an combination thereof for each).
[claim 16] wherein said peripheral part has an upper portion adjacent to said base part and a lower portion extending from said upper portion toward said substrate, said upper portion forming an acute angle with a normal line to said first surface (figure 13, paragraphs 0040-0041, where element 150 [the peripheral part] has an upper portion which connects to the base portion through the first connection curved surface between elements 150 and 151, and the lower portion is the part of element 150 that extends from this connection portion towards the substrate [which is equivalent to the bottom of element 102 of figure 13, as it resides on the substrate], and the angle between a normal line extending from the upper portion, which can be understood as a vertical line normal to the middle of the curve, is acute in nature [less than 90 degrees]. See figure 1 below for reference).
[claim 17] wherein said acute angle formed by said upper portion and said normal line to said first surface is not less than 5° (figure 13, paragraphs 0040-0041, where the acute angle is less than 5 degrees. See Figure 1 below for reference).
[claim 18] A light-emitting diode (LED) package, comprising: a packaging substrate having a first surface; an LED chip disposed on said first surface (figure 6, paragraph 0033, where element 160 is the packaging substrate with an LED; an LED chip disposed on said first surface (element 3, 33) deposited on the substrate, of which is the first surface),
and a light-transmissible unit disposed on said first surface, and formed with an indentation defined by an indentation-defining wall which cooperates with said first surface to form a cavity in which said LED chip is enclosed (figures 5 and 6, paragraphs 0019, 0024, and 0033, where the light-transmissible unit [element 102 which includes elements 21 and 23 attached to element 102] is disposed on the first surface [top side of element 160], with an indentation formed [element 30] in the cavity [element 15] formed by the light-transmissible unit disposed on the substrate. The indentation defining wall cooperates with the first surface [top side of element 160] to form such cavity and the LED [element 3, 33] is disposed in the cavity),
said indentation-defining wall including a base part, and a peripheral part, and a second connecting part (figure 13, paragraphs 0040-0041, where the base part is element 151 and the curved portion that connects to element 151, the peripheral part is element 151, and the second connecting part is the curved portion that connects element 151 to the bottom of element 102),
said peripheral part having an upper portion adjacent to said base part and a lower portion extending from said upper portion toward said first surface of said packaging substrate (figures 6 and 13, paragraphs 0040-0041, where element 150 has an upper portion connected to the curved portion that connects elements 151 and 150, and a lower portion that extends from such connection point to the first surface [equivalent to the bottom surface of element 102 per figure 6 as it connects to the top of the substrate [element 106]),
said upper portion forming an acute angle with a normal line to said first surface (figure 1 below, figure 13, paragraphs 0040-0041, where the acute angle is demonstrated in figure 1 below of the upper portion forming an acute angle with a normal line to it),
wherein said base part is spaced apart from said first surface, said LED chip is disposed between said base part and said first surface (figures 6 and 13, paragraphs 0040-0041, where the LED [elements 3, 33 of figure 6] is between the base part [element 151 of figure 13] and the first surface [top surface of element 106 in figure 2]),
said peripheral part extends from said base part to said first surface, surrounds said LED chip, and has lower surface formed at a bottom of said peripheral part and contacting said first surface (figures 6 and 13, paragraphs 0019 and 0040-0041, where element 150 of figure 13 extends from the base part [element 151 of element 102 in figure 13] to the first surface [top surface of element 106 in figure 6], and surrounds the LED chip [element 3, 33]),
and wherein said second connecting part extends upwardly and inclinedly from said bottom of said peripheral part to an inner surface of said peripheral part and is inclined with said first surface by an acute angle within said cavity, said second connecting part including one of a curved surface, an inclined flat surface, and a combination thereof (figure 13, paragraphs 0040-0041, where the second connection portion is the connection between element 150 and the bottom surface of element 102 of figure 13, where there is a curved portion connecting the lower surface to the bottom of the peripheral region and includes and inclined flat surface and the curved surface with an acute angle, where the angle is defined as the angle from the inside of the cavity [element 15] with the peripheral region, and such angle is less than 90 degrees).
[claim 19] wherein said acute angle formed by said upper portion and said normal line to said first surface is not less than 5° (figure 13, paragraphs 0040-0041, where the acute angle is less than 5 degrees. See Figure 1 below for reference).
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Figure 1: Taken from figure 13 of Gindele et al with some labeling to help showcase the angles described above.
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.
Claim(s) 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Gindele et al (US 20210230041 A1) in view of Keller et al US (20160005920 A1).
Gindele et al teaches all of the limitations of the parent claim, claim 2, but does not specifically disclose
[claim 3] wherein said first curved surface has a radius of curvature ranging from 0.05 mm to 0.3 mm.
[claim 4] wherein the radius of curvature ranges from 0.1 mm to 0.2 mm.
However, Keller et al does teach
[claim 3] wherein said first curved surface has a radius of curvature ranging from 0.05 mm to 0.3 mm (paragraph 0089, figure 8, where the first curved surface is the curves in the cavities where the LED is deposited and ranges from 0.1 to 0.4 mm).
[claim 4] wherein the radius of curvature ranges from 0.1 mm to 0.2 mm (paragraph 0089, figure 8, where the first curved surface is the curves in the cavities where the LED is deposited and ranges from 0.1 to 0.4 mm).
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified the teachings of Gindele et al to incorporate the teachings of Keller et al to embody a specific curved dimension to allow light to most efficiently transmit through the transmissible covering while not losing any light to too much refraction.
Claim(s) 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gindele et al (US 20210230041 A1).
Gindele et al does not specifically disclose
[claims 8 and 20] wherein said acute angle ranges from 5 degrees to 60 degrees.
However, according to MPEP 2144.05 II. ROUTINE OPTIMIZATION
A. Optimization Within Prior Art Conditions or Through Routine Experimentation
Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Lab. Inc., 874 F.2d 804, 809, 10 USPQ2d 1843, 1848 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989)(Claimed ratios were obvious as being reached by routine procedures and producing predictable results); In re Kulling, 897 F.2d 1147, 1149, 14 USPQ2d 1056, 1058 (Fed. Cir. 1990)(Claimed amount of wash solution was found to be unpatentable as a matter of routine optimization in the pertinent art, further supported by the prior art disclosure of the need to avoid undue amounts of wash solution); and In re Geisler, 116 F.3d 1465, 1470, 43 USPQ2d 1362, 1366 (Fed. Cir. 1997)(Claims were unpatentable because appellants failed to submit evidence of criticality to demonstrate that that the wear resistance of the protective layer in the claimed thickness range of 50-100 Angstroms was "unexpectedly good"); Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438, 4 USPQ 237 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions."). See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395 (2007) (identifying "the need for caution in granting a patent based on the combination of elements found in the prior art.").
An acute angle between 5 and 60 degrees has a specific limit of the number of angles that need to be tested for the interface between the normal line and the upper portion of the LED package, an angle less than 5 degrees, an angle more than 60 degrees, and an angle between the two measurements. Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to have modified the teachings of Gindele et al by testing the different angles, of which there is a finite amount, to optimize said device for maximal light transmission, minimizing loss due to refraction, and reflection from the different acute angles.
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 ANDREW ZABEL whose telephone number is (703)756-4788. The examiner can normally be reached M-F 9-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeff W Natalini can be reached at 572-272-2266. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW ZABEL/Examiner, Art Unit 2818
/JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818