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 .
Priority
Acknowledgment is made of applicant's claims for foreign priority based on an applications filed
in Japan, JP 2022-059466 on March 31, 2022, JP 2023-033021 on March 03, 2023 and JP 2022-169324 on October 21, 2022. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/24/2023, 09/29/2023, 04/17/2024, 07/12/2024 and 06/30/2025 are being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species I and Sub-Species III in the reply filed on 10/20/2025 is acknowledged.
Claims 4, 7, 15 and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species/Sub-Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/20/2025.
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.
Claims 1-3, 5, 6, 9, 10, 12-14, 16, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 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 of which internal angle [Symbol font/0x71] relative to a virtual plane parallel to the first surface 35 is a first angle and a second region 36-1 adjacent to the first region 34 and including a second exit surface 32’ of which internal angle relative to the virtual plane parallel to the first surface 35 is 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).
Regarding Claim 2, Lopez teaches the light-emitting device according to claim 1, wherein the second exit surface 32’ is a flat surface with the second angle, and the second angle is 0° (see annotated Fig. 3).
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).
PNG
media_image1.png
1015
1833
media_image1.png
Greyscale
Annotated Fig. 3 and Fig. 4 of Lopez (US 20180315901 A1)
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 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 30 has a first region 34 having a first exit surface 32 of which internal angle [Symbol font/0x71] relative to the light emitting surface is a first angle and a second region 36-1 adjacent to the first region 34 and having a second exit surface 32’ of which internal angle relative to the light emitting surface is 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]).
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 surface 32 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 surface 32’ 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 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).
Regarding Claim 14, Lopez teaches the light-emitting device according to claim 1, wherein the second angle is 0° (see annotated Fig. 3).
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 surface 32’ at the second angle (0 degrees) with respect to the light emitting surface and includes no upper 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 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lopez (US 20180315901 A1).
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.
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 surface 32’ is an entire upper 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.
PNG
media_image2.png
626
1079
media_image2.png
Greyscale
Annotated Fig. 10A of Kim II (US 20140217355 A1)
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kretelia Graham can be reached at 571-272-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HAMNA FATHIMA IQBAL/Examiner, Art Unit 2817 11/14/2025
/Kretelia Graham/Supervisory Patent Examiner, Art Unit 2817 November 24, 2025
Prosecution Insights