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 Amendment
An amendment filed on 02/26/2026 in response to the Office Action mailed on 11/26/2025 is
being acknowledged and entered into the record. The present Final rejection is made by taking into fully
consideration all the amendments.
Response to Arguments
Applicant’s arguments, see pages 10-12 of the remarks, filed on 02/26/2026, with respect to the rejections of claims 1, 12 and 13 under 35 USC § 102 have been fully considered and are persuasive. Therefore, the 102 rejections have been withdrawn. However, upon further consideration, a new ground of 103 rejections is made in view of a different interpretation of the previously applied reference of Lopez. The combination of different embodiments of Lopez teaches the newly added claim limitations of amended claims 1, 12 and 13 as outlined in the rejection below.
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.
Rejection note: Italicized claim limitations are limitations not explicitly disclosed in the primary
reference but disclosed in a different embodiment of the primary reference.
Claims 1, 3, 5, 6, 8, 9, 10, 12, 13, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lopez (US 20180315901 A1).
Regarding Claim 1, Lopez discloses a light-emitting device comprising:
a substrate 14 (Fig. 3: 14, paragraph 0027);
a light-emitting element 1 disposed on the substrate 14 (Fig. 3: 1, 14, paragraph 0027);
a wavelength conversion member 2 disposed on the light-emitting element 1 and having a first surface 35 opposite to a surface of the wavelength conversion member 2 facing the light-emitting element 1 (Fig. 3: 2, 1, 35, paragraph 0027);
an optical member 30 having an upper surface and disposed above the first surface 35 (Fig. 3: 30, 35 paragraph 0027);
a light-transmitting layer 38 disposed between the wavelength conversion member 2 and the optical member 30 and having a refractive index lower than a refractive index of the optical member 30 (Fig. 3: 38, 30 paragraph 0029, 0030);
and a light-reflecting member 44 surrounding the light-emitting element 1, the wavelength conversion member 2, the light-transmitting layer 38, and the optical member 30 (Fig. 3: 44, paragraph 0036),
wherein the upper surface of the optical member includes a first region 34 including a first exit surface 32 from which light exits out of the light-emitting device and a second region 36-1 adjacent to the first region 34 and including a second exit surface 32’ from which light exits out of the light- emitting device (see annotated Fig. 3: 32, 32’, 34, 36, [Symbol font/0x71], annotated Fig. 4: 36-1, paragraph 0032, 0034),
an internal angle [Symbol font/0x71] of the first exit surface 32 relative to a virtual plane parallel to the first surface 35 being a first angle and an internal angle of the second exit surface 32’ relative to a virtual plane parallel to the first surface 35 being a second angle (0 degrees), the second angle is narrower than the first angle [Symbol font/0x71] (see annotated Fig. 3: 32, 32’, 34, 36, [Symbol font/0x71], annotated Fig. 4: 36-1, paragraph 0032, 0034),
and in a top view, the optical member 30 has an outer periphery having a shape of a convex polygon (a square, see annotated Fig. 4),
the convex polygon includes a first side portion S1, a second side portion S2, and a first vertex V1 where the first side portion S1 intersects the second side portion S2, and the second region 36 is included in a region defined by a straight line connecting the first vertex V1 to a first point P1 on the first side portion S1 that is closer to the first vertex V1 than a point bisecting the first side portion S1, a straight line (dotted line) connecting the first point P1 to a second point P2 on the second side portion S2 that is closer to the first vertex V1 than a point bisecting the second side portion S2, and a straight line connecting the second point P2 to the fist vertex V1 (see annotated Fig. 4: V1, S1, S2, P1, P2).
While Lopez fails to explicitly teach the second exit surface 32’ from which light exits out of the light- emitting device due to the presence of the reflective layer 44 surrounding the second exit surface 32’, in a different embodiment, Lopez teaches that excess reflective material 44 can be removed to expose the exit surface as show in Fig. 7 (see paragraph 0036, Fig. 7: 44).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have combined the different embodiments of Lopez in order to have the second exit surface from which light exits out of the light- emitting device. Doing so would ensure more light exits from the light-emitting device.
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Annotated Fig. 3 and Fig. 4 of Lopez (US 20180315901 A1)
Regarding Claim 3, Lopez teaches the light-emitting device according to claim 1, wherein the second region 36 is located outside an outer periphery of the light-emitting element 1 (see annotated Fig. 3).
Regarding Claim 5, Lopez teaches the light-emitting device according to claim 1, wherein the upper surface of the optical member 30 includes a third region 36-2 adjacent to the first region 34, and in the top view, the convex polygon further includes a third side portion S3 and a second vertex V2 where the first side portion S1 intersects the third side portion S3, and the third region 36-2 is included in a region defined with a straight line connecting the second vertex V2 to a third point P3 on the first side portion S1 that is closer to the second vertex V2 than the position bisecting the first side portion S1, a straight line (dotted line) connecting the third point P3 to a fourth point P4 on the third side portion S3 that is closer to the second vertex V2 than a position bisecting the third side portion S3, and a straight line connecting the fourth point P4 to the second vertex V2 (see annotated Fig. 4: 36-2, V2, P3, P4, S1, S2).
Regarding Claim 6, Lopez teaches the light-emitting device according to claim 5, wherein the upper surface of the optical member 30 includes a fourth region 36-3 and a fifth region 36-4 adjacent to the first region 34, and in the top view, the convex polygon further includes a fourth side portion S4 and a third vertex V3 where the second side portion S2 intersects the fourth side portion S4,the fourth region 36-3 is included in a region defined with a straight line connecting the third vertex V3 to a fifth point P5 on the second side portion S2 that is closer to the third vertex V3 than the position bisecting the second side portion S2, a straight line (dotted line) connecting the fifth point P5 to a sixth point P6 on the fourth side portion S4 that is closer to the third vertex V3 than a position bisecting the fourth side portion S4, and a straight line connecting the sixth point P6 to the third vertex V3, the convex polygon further includes a fourth vertex V4 where the third side portion S3 intersects the fourth side portion S4, and the fifth region 36-4 is included in a region defined with a straight line connecting the fourth vertex V4 to a seventh point P7 on the third side portion S3 that is closer to the fourth vertex V4 than the position bisecting the third side portion S3, a straight line (dotted line) connecting the seventh point P7 to an eighth point P8 on the fourth side portion S4 that is closer to the fourth vertex V4 than the position bisecting the fourth side portion S4, and a straight line connecting the eighth point P4 to the fourth vertex V4 (see annotated Fig. 4: 36-3, 36-4, S3, S4, P5, P6, P7, P8).
Regarding Claim 8, Lopez teaches the light-emitting device according to claim 5, wherein the light-emitting element 1 has an outer periphery (projected dashed line in annotated Fig. 4) having a side parallel to the first side portion S1,each of the second region 36-1 and the third region 36-2 has a square shape or a rectangular shape having a side parallel to the first side portion S1 and a side orthogonal to the first side portion S1, and a length L1 of a portion of the first region 34 that is parallel to the first side portion S1 and located between the second region 36-1 and the third region 36-2 is in a range greater than 100% of a length L2 of the side of the light-emitting element 1 (See annotated Fig. 3: L1, L2, 1, 34, 36-1, 36-2, annotated Fig. 4: 34, 36-1, 36-2, S1, L1, L2).
While Lopez fails to explicitly disclose a range from 90% to 110%, the disclosed range lies within the claimed range. According to MPEP § 2144.05 (I), “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose L1 to be in a range from 90% to 110% of L2.
Regarding Claim 9, Lopez teaches the light-emitting device according to claim 1, wherein the upper surface of the optical member 30 includes a pyramid-shaped or cone-shaped region 34 having the first exit surface 32 (see Fig. 3: 34, 32).
Regarding Claim 10, Lopez teaches the light-emitting device according to claim 1, wherein the upper surface of the optical member 30 includes an array of pyramid-shaped or cone-shaped regions, each having the first exit surface 32 (see Fig. 3: 34, 32).
Regarding Claim 12, Lopez teaches a light-emitting device comprising:
a substrate 14 (Fig. 3: 14, paragraph 0027);
a light-emitting element 1 disposed on the substrate 14 and having a light emitting surface (top surface of light-emitting element 1) (Fig. 3: 1, 14, paragraph 0027);
an optical member 30 having an upper surface and disposed above the light-emitting surface (Fig. 3: 30 paragraph 0027);
and a light-reflecting member 44 surrounding the light-emitting element 1 and the optical member 30 (Fig. 3: 44, paragraph 0036),
wherein the upper surface of the optical member has a first region 34 having a first exit surface 32 from which light exits out of the light-emitting device and a second region 36-1 adjacent to the first region 34 and having a second exit surface 32’ from which light exits out of the light- emitting device (see annotated Fig. 3: 32, 32’, 34, 36, annotated Fig. 4: 36-1, paragraph 0032, 0034),
an internal angle [Symbol font/0x71] of the first exit surface 32 relative to the light-emitting surface being a first angle and an internal angle of the second exit surface 32’ relative to light-emitting surface being a second angle (0 degrees) (see annotated Fig. 3: 32, 32’, 34, 36, [Symbol font/0x71], annotated Fig. 4: 36-1, paragraph 0032, 0034),
in a top view, the optical member 30 has an outer periphery having a shape of a convex polygon (a square, see annotated Fig. 4),
the convex polygon has a first side portion S1, a second side portion S2, and a first vertex V1 where the first side portion S1 intersects the second side portion S2, and the second region 36 is included in a region defined with a straight line connecting the first vertex V1 to a first point P1 on the first side portion S1 that is closer to the first vertex V1 than a point bisecting the first side portion S1, a straight line (dotted line) connecting the first point P1 to a second point P2 on the second side portion S2 that is closer to the first vertex V1 than a point bisecting the second side portion S2, and a straight line connecting the second point P2 to the fist vertex V1 (see annotated Fig. 4: V1, S1, S2, P1, P2).
and the second angle (0 degrees) is narrower than the first angle [Symbol font/0x71] (see annotated Fig. 3: [Symbol font/0x71]).
While Lopez fails to explicitly teach the second exit surface 32’ from which light exits out of the light- emitting device due to the presence of the reflective layer 44 surrounding the second exit surface 32’, in a different embodiment, Lopez teaches that excess reflective material 44 can be removed to expose the exit surface as show in Fig. 7 (see paragraph 0036, Fig. 7: 44).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have combined the different embodiments of Lopez in order to have the second exit surface from which light exits out of the light- emitting device. Doing so would ensure more light exits from the light-emitting device.
Regarding Claim 13, Lopez teaches a light-emitting device comprising:
a substrate 14 (Fig. 3: 14, paragraph 0027);
a light-emitting element 1 on the substrate 14 (Fig. 3: 1, 14, paragraph 0027);
a wavelength conversion member 2 on the light-emitting element 1 (Fig. 3: 2, 1, 35, paragraph 0027);
an optical member 30 above the wavelength conversion member 2 (Fig. 3: 30, paragraph 0027);
and a light-reflecting member 44 surrounding the optical member 30 (Fig. 3: 44, paragraph 0036),
wherein an upper part of the optical member 30 includes a center region 34 including a center of the optical member 30 and a corner region 36-1 at a corner of the optical member 30 (see annotated Fig. 3: 34, 36-1, Fig. 4: 34, 36-1),
the center region 34 includes an array of structures, each of the structures having a first upper exit surface 32 from which light exits out of the light-emitting device, the first upper exit surface 32 being at a first angle [Symbol font/0x71] with respect to a light emitting surface of the light- emitting element 1 (see annotated Fig. 3: 32, 34, [Symbol font/0x71], paragraph 0032, 0034),
and the corner region 36-1 has a second upper exit surface 32’ from which light exits out of the light-emitting device, the second upper exit surface 32’ being at a second angle with respect to the light emitting surface, the second angle (0 degrees) being less than the first angle [Symbol font/0x71] (see annotated Fig. 3: 32’, 36-1, [Symbol font/0x71], paragraph 0032, 0034),
the corner region 36-1 having no upper exit surface at an angle with respect to the light emitting surface that is equal to or greater than the first angle [Symbol font/0x71] (see annotated Fig. 3: 36-1, [Symbol font/0x71]).
While Lopez fails to explicitly teach the second upper exit surface 32’ from which light exits out of the light- emitting device due to the presence of the reflective layer 44 surrounding the second upper exit surface 32’, in a different embodiment, Lopez teaches that excess reflective material 44 can be removed to expose the upper exit surface as shown in Fig. 7 (see paragraph 0036, Fig. 7: 44).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have combined the different embodiments of Lopez in order to have the second upper exit surface from which light exits out of the light- emitting device. Doing so would ensure more light exits from the light-emitting device.
Regarding Claim 16, Lopez teaches the light-emitting device according to claim 13, wherein the corner region 36-1 of the optical member 30 does not overlap with the light-emitting surface of the light- emitting element 1 (see annotated Fig. 3).
Regarding Claim 17, Lopez teaches the light-emitting device according to claim 13, wherein the corner V1 of the optical member is included in the corner region 36-1 (see annotated Fig. 4: V1, 36-1).
Regarding Claim 19, Lopez teaches the light-emitting device according to claim 13, wherein the corner region 36-1 is at a first corner V1 of the optical member 30, the upper part of the optical member 30 includes another corner region 36-2 at a second corner V2 of the optical member 30, and said another corner region 36-2 includes a third upper exit surface 32’ at the second angle (0 degrees) with respect to the light emitting surface and includes no upper exit surface at an angle with respect to the light emitting surface that is equal to or greater than the first angle [Symbol font/0x71] (See annotated Fig. 3: 36-1, 36-2, 32’, Fig. 4: V1, V2, 36-1, 36-2).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lopez (US 20180315901 A1), as applied to Claim 1 above, further in view of Kim et al. (US 20160308089 A1).
Regarding Claim 11, Lopez teaches the light-emitting device according to claim 1, wherein the light- transmitting layer 38 is a layer of air (Fig. 3: 38, paragraph 0029), but fails to teach the light-transmitting layer 38 is located over an entity of the first surface of the wavelength conversion member 2.
However, Kim et al. teaches a light emitting device, wherein the light-transmitting layer 140 is located over an entity of the first surface of the wavelength conversion member 150 (Fig. 2: 140, 150, paragraph 0039).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Lopez and Kim et al. in order to have the light-transmitting layer located over an entity of the first surface of the wavelength conversion member. By doing so, more light can be scattered back into the wavelength conversion member and then reemitted instead of being trapped, thereby, increasing the light extraction efficiency.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lopez (US 20180315901 A1), as applied to Claim 13 above, further in view of second reference of Kim et al. (US 20140217355 A1), herein referred to as Kim II.
Regarding Claim 20, Lopez teaches the light-emitting device according to claim 13, wherein the second upper exit surface 32’ is an entire upper exit surface of the corner region 36-1 (see Annotated Fig. 3: 32’), but fails to teach wherein the corner region 36-1 has an area greater than an area of each one of the structures.
However, Kim II teaches a light emitting device, wherein the corner region has an area A1 greater than an area A2 of each one of the structures 78 (see annotated Fig. 10A: A1, A2, 78, paragraph 0081, 0082).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Lopez and Kim II. in order to have the corner region have an area greater than an area of each one of the structures. By doing so, the corner areas free of the structures would enable more light to travel deeper into the device before being emitted, thereby improving the brightness of the corner area.
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Annotated Fig. 10A of Kim II (US 20140217355 A1)
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Lopez (US 20180315901 A1), as applied to Claim 1 above, further in view of Furukawa et al. (US 20200081164 A1).
Regarding Claim 21, Lopez fails to teach the light-emitting device according to claim 1, wherein the first region extends to the outer periphery of the optical member, and the first region includes, at the outer periphery of the optical member, no exit surface from which light exits out of the light-emitting device and of which internal angle relative to the virtual plane is the second angle.
However, Furukawa et al. teaches a light-emitting device, wherein the first region extends to the outer periphery of the optical member 20, and the first region includes, at the outer periphery of the optical member 20, no exit surface from which light exits out of the light-emitting device and of which internal angle relative to the virtual plane is the second angle (Fig. 3A: 20, paragraph 0036).
Note that in Fig. 3A, the uppermost surface of the optical member 20 does not have an exit surface with a zero degrees second angle relative to the virtual plane.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Lopez and F Furukawa et al. in order to have the first region extends to the outer periphery of the optical member, and the first region includes, at the outer periphery of the optical member, no exit surface from which light exits out of the light-emitting device and of which internal angle relative to the virtual plane is the second angle. Doing so would ensure more light exits from the corner areas of the light-emitting device.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Lopez (US 20180315901 A1), as applied to Claim 12 above, further in view of Furukawa et al. (US 20200081164 A1).
Regarding Claim 22, Lopez fails to teach the light-emitting device according to claim 12, wherein the first region extends to the outer periphery of the optical member, and the first region includes, at the outer periphery of the optical member, no exit surface from which light exits out of the light-emitting device and of which internal angle relative to the light-emitting surface is the second angle.
However, Furukawa et al. teaches a light-emitting device, wherein the first region extends to the outer periphery of the optical member 20, and the first region includes, at the outer periphery of the optical member 20, no exit surface from which light exits out of the light-emitting device and of which internal angle relative to the light-emitting surface is the second angle (Fig. 3A: 20, paragraph 0036).
Note that in Fig. 3A, the uppermost surface of the optical member 20 does not does not have an exit surface with a zero degrees second angle relative to the light-emitting surface.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Lopez and Furukawa et al. in order to have the first region extends to the outer periphery of the optical member, and the first region includes, at the outer periphery of the optical member, no exit surface from which light exits out of the light-emitting device and of which internal angle relative to the light-emitting surface is the second angle. Doing so would ensure more light exits from the corner areas of the light-emitting device.
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 HAMNA F IQBAL whose telephone number is (571)272-1587. The examiner can normally be reached M-F: 8.30 am - 5.30 pm EST.
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/HAMNA FATHIMA IQBAL/Examiner, Art Unit 2817 05/10/2025
/Kretelia Graham/Supervisory Patent Examiner, Art Unit 2817
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