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 .
Election/Restrictions
Applicant’s election without traverse of Species F in the reply filed on 2/6/2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/9/2023 and 4/14/2025 were filed and are being considered by the examiner.
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.
Claims 19-29 rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without claiming the entire spectrogram, as recited in claims 19-25, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
In regard to claim 19, the applicant is attempting to patent an optimized white light, not but the materials that make that light and the specifics of their construction, but by functional language, that is, the resulting wavelength ranges and relative powers. This is permissible, but in order to claim the invention this way, the applicant must capture all the critical wavelength bands that make up their distribution. This means that’s the relative power of the red band, the green band, the blue band, the yellow band, the cyan band, the purple band, and the infrared band are all critical to the practice of the invention. Claims 20-25 must be rolled into claim 19. The inventor cannot make their white light distribution with only the relative power of the red band as is in claimed in claim 19—each component of the spectrogram must be recited in the independent claim.
Claims 20-29 are further rejected for depending on claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hong et al (US 2021/0367126 A1) disclose an LED package.
Doherty et al (US 2021/0317326 A1) disclose an LED package.
Husnik (US 2021/0293620 A1) disclose an LED package.
Chen et al (US 2020/0409215 A1) disclose an LED package.
Mu (US 2019/0148605 A1) disclose an LED package.
Park (US 9,362,462 B2) disclose an LED package.
van de Ven et al (US 2013/0020929 A1) disclose an LED package.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E DUNAY whose telephone number is (571)270-1222. The examiner can normally be reached 7:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James (Jong-Suk) Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER E DUNAY/Primary Examiner, Art Unit 2875
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