DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Response to Amendment/Restriction
Applicant’s election without traverse of Species I, Fig. 1, and Claims 1-9 and 11-24 in the reply filed on December 04, 2025 is acknowledged. Thus, Claims 10 and 25-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention. Election was made without traverse in the reply filed on December 04, 2025.
Specification
The title of the invention is broad and not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 19 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As to claim 19, the limitation “10 or more” lacks an upper limit. It is noted that the Specification merely discloses 10 or more, preferably 10 or more and 70 or less in [0035]. Thus, the claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 11-12, 15, and 22-23 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by U.S. Patent Application Publication No. 2020/0103095 A1 to Sugimura et al. (“Sugimura”). As to claim 1, Sugimura discloses an optical member (13) having a first surface, a second surface opposite to the first surface, and a lateral surface between the first surface and the second surface, the optical member (13) comprising: a reflective member (11) containing a light-reflective material (additive) and an inorganic binder (aluminum oxide); a wavelength conversion member (12) disposed in the reflective member (11); and at least one heat dissipation member (14) disposed in the reflective member (11) apart from the wavelength conversion member (12) (See Fig. 1, Fig. 2C, ¶ 0026, ¶ 0030-¶ 0036, ¶ 0040-¶ 0043, ¶ 0045, ¶ 0046) (Notes: a solder material that is metallic or other metal joining material provide thermal conductivity to meet the recited heat dissipation member). As to claim 2, Sugimura further discloses wherein the wavelength conversion member (12) constitutes a portion of the first surface of the optical member (13), and a portion of the second surface or a portion of the lateral surface of the optical member (13) (See Fig. 1). As to claim 3, Sugimura further discloses wherein the wavelength conversion member (12) constitutes a portion of the first surface and a portion of the second surface of the optical member (13) (See Fig. 1).
As to claim 4, Sugimura further discloses wherein the heat dissipation member (14) surrounds at least a portion of the wavelength conversion member (12) as viewed from a first surface side of the optical member (13) (See Fig. 1).
As to claim 5, Sugimura further discloses wherein the at least one heat dissipation member (14) comprises a pair of heat dissipation members (14, FIG. 2C), and wherein the pair of heat dissipation members (14, FIG. 2C) face each other across the wavelength conversion member (12) as viewed from a first surface side of the optical member (13) (See Fig. 2C, ¶ 0036). As to claim 6, Sugimura further discloses wherein the heat dissipation member (14) comprises a portion having a circular arc shape as viewed from a first surface side of the optical member (13) (See ¶ 0032, ¶ 0036) (Notes: the support 11 is circular such that the heat dissipation member is also formed circular to have the circular arc shape).
As to claim 7, Sugimura further discloses wherein the heat dissipation member (14) comprises a portion substantially radially disposed with respect to the wavelength conversion member (12) as viewed from a first surface side of the optical member (13) (See Fig. 1).
As to claim 8, Sugimura further discloses wherein the heat dissipation member (14) constitutes a portion of the first surface of the optical member (13) (See Fig. 1).
As to claim 9, Sugimura further discloses wherein the heat dissipation member (14) constitutes at least a portion of the lateral surface of the optical member (13) (See Fig. 1). As to claim 11, Sugimura further discloses wherein the optical member (13) has a substantially rectangular parallelepiped shape, wherein the wavelength conversion member (12) is disposed in the reflective member (11) so as to be exposed on the first surface and the second surface and located at a central portion of the reflective member (11) in a plan view, and wherein the heat dissipation member (14) is disposed in the reflective member (11) so as to be exposed on the first surface and the lateral surface and located around the wavelength conversion member (12) (See Fig. 1). As to claim 12, Sugimura further discloses wherein the wavelength conversion member (12) contains a phosphor (See Fig. 1, ¶ 0040). As to claim 15, Sugimura further discloses wherein the heat dissipation member (14) contains a metal member (solder) (See ¶ 0046). As to claim 22, Sugimura further discloses wherein the reflective member (11) contains a light-scattering material (See ¶ 0031).
As to claim 23, Sugimura further discloses wherein the light-scattering material contains zirconia or titania (See ¶ 0031).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2020/0103095 A1 to Sugimura et al. (“Sugimura”) as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2011/0198649 A1 to Yamada (“Yamada”). The teaching of Sugimura has been discussed above. As to claim 13, Sugimura in view of Yamada further discloses wherein the wavelength conversion member (12/20G) contains a red phosphor (20G1) (See Yamada Fig. 10, ¶ 0047) such that a desired color output is obtained relative to the LED. As to claim 14, Sugimura in view of Yamada further discloses wherein the wavelength conversion member (12/20G) is a layered body comprising a plurality of layers (20G1, 20G2) containing at least one phosphor (See Yamada Fig. 10, ¶ 0047) such that a desired color output is obtained relative to the LED by using a single-layer or a multilayer wavelength conversion member .
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2020/0103095 A1 to Sugimura et al. (“Sugimura”) as applied to claim 15 above, and further in view of U.S. Patent Application Publication No. 2021/0018161 A1 to Raring et al. (“Raring”). The teaching of Sugimura has been discussed above. As to claim 16, Sugimura in view of Raring further discloses wherein the metal member (solder/Ag) contains Cu, Ag, Pt, Ni, Al, Pd, Au, Fe, Co, W, Mo, or an alloy thereof (See Raring ¶ 0312, ¶ 0318) because the thermally conductive solder/Ag materials containing Au, Ag, Cu, etc. provide high thermal and adhering properties.
Claim(s) 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2020/0103095 A1 to Sugimura et al. (“Sugimura”) as applied to claim 1 above, and further in view of WO 2013/047874 A1 to Hotta (“Hotta”). The teaching of Sugimura has been discussed above. As to claim 17, Sugimura in view of Hotta further discloses wherein the light-reflective material contains boron nitride or alumina (See Hotta Page 5-Page 7) where alumina has a refractive index relative to the binder to provide high reflectance.
As to claim 18, Sugimura in view of Hotta further discloses wherein an average particle diameter of the light-reflective material is 0.6 μm or more and 43 μm or less (See Hotta Page 5-Page 7) where the particle diameter is optimized for reflectance and adhesion. As to claim 19, Sugimura in view of Hotta further discloses wherein an average aspect ratio of the light-reflective material is 10 or more (See Hotta Page 5-Page 7) where the average aspect ratio is optimized for reflectance and adhesion.
As to claim 20, Sugimura in view of Hotta further discloses wherein the inorganic binder contains silica and an alkali metal (See Hotta Page 5-Page 7) where sodium silicate has a refractive index relative to the light-reflective material to provide high reflectance.
As to claim 21, Sugimura in view of Hotta further discloses wherein the alkali metal contains potassium or sodium (See Hotta Page 5-Page 7).
Claim(s) 24 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2020/0103095 A1 to Sugimura et al. (“Sugimura”) as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2017/0023188 A1 to Mima et al. (“Mima”). The teaching of Sugimura has been discussed above. As to claim 24, Sugimura in view of Mima further discloses wherein a portion of the wavelength conversion member (12/20) exposed from the reflective member (11/30) is covered with an anti-reflection layer (See Mima Fig. 1, ¶ 0034, ¶ 0039, ¶ 0041) such that reflection incident on the wavelength conversion member is reduced to improve light extraction efficiency.
Conclusion
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/DAVID CHEN/Primary Examiner, Art Unit 2815