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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. It is suggested that the title include the phrase “including concave resin portions.”
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, 7-9, 11-12, and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. US 20200194639 A1 to Hashimoto (hereinafter “Hashimoto”).
Regarding claim 1, Hashimoto teaches a lighting device (fig. 6J; fig. 7, and other figs., being used at times as a reference for its clarity in tag line designations but it is noted that some of the elements present in fig. 7 are also present in fig. 6J, with the exception of the tag lines) comprising:
a substrate (support 91; fig. 6J) [0053];
a plurality of light emitting devices (2; fig. 6J) [0031] disposed on the substrate (91);
a resin layer (phosphor layer 5 comprising resin; fig. 6H) [0039] disposed on the substrate (91) and sealing (leaving no gaps) the plurality of light emitting devices (2); and
a diffusion layer (layers 3 and 4 which are taught as comprising the same material; fig. 6J) [0031] & [0042] on the resin layer (5),
wherein the resin layer (5) includes a plurality of recess portions (dips defined by surfaces 4a, 4a being disclosed as a lower surface; figs. 6J & 7) [0032] that are concave [0050] & [0064] toward (the concave surface approaching 2) each of the plurality of light emitting devices (2),
wherein the diffusion layer (3 & 4) includes a plurality of protruding portions (portions filling the space towards lower surface 4a, hereinafter “fillers”) disposed in each of the plurality of recess portions (space of 4a),
wherein each of the plurality of protruding portions (fillers) is spaced apart in a first direction (horizontal in fig. 6J) in which light is emitted from each light emitting device (2),
wherein a maximum depth (vertical depth in fig. 6J) of each of the plurality of recess portions (fillers) is smaller than a maximum width (horizontal width in fig. 6J) of each of the plurality of recess portions (fillers) (i.e., being wider than they are deep) in at least one direction (vertical in fig. 6J) perpendicular to the first direction (horizontal), and
wherein a thickness (see below) of the resin layer (5) is smaller than the maximum width (see below) of each recess portion (fillers) and greater than the maximum depth () of each recess portion (the “thickness” is less than the “width” below but greater than the “recess depth”, also indicated below; these measurement relationships being visible from the below figure).
It is noted that some portions of the above (and below) rejection require a better view of the named elements than fig. 6J can provide. While other figures of Hashimoto belong to other embodiments, they are referenced to show the view (and/or taglines) which fig. 6J is missing.
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Annotate fig. 6I from Hashimoto
Regarding claim 3, Hashimoto (or Hashimoto in view of Yun) teaches the lighting device of claim 1, wherein each recess portion (fillers) has a shape whose width increases from a region closest to each light emitting device (2) to a distance from each light emitting device (2).
Regarding claim 4, Hashimoto (or Hashimoto in view of Yun) teaches the lighting device of claim 3, wherein the shape of each recess portion (fillers) has a hemispherical shape (fig. 7), a semi-elliptical shape, or a double curved shape in a side cross section.
Regarding claim 5, Hashimoto teaches the lighting device of claim 1, wherein the diffusion layer (3 & 4) includes an extension portion (portion horizontally between light emitting devices 2) connecting (see fig. 6J) a plurality of protruding portions on the resin layer (5).
Regarding claim 7, Hashimoto teaches a lighting device comprising:
a first reflective member (7; fig. 6J) [0031];
a second reflective member (6; fig. 6J) [0031] facing the first reflective member (7);
a resin layer (phosphor layer 5 comprising resin; fig. 6J with reference to 6H) [0039] disposed between the first (7) and second (6) reflective members;
a plurality of light emitting devices (2; fig. 6J) [0031] sealed (having no gaps) in the resin layer (5) and emitting light through one side (vertical side of 5) between the first (7) and second (6) reflective members; and
a diffusion layer (layers 3 and 4 which are taught as comprising the same material; fig. 6J) [0031] & [0042] disposed on a portion of an outer side (a side laterally flanking) of the resin layer (5),
wherein the resin layer (5) includes a plurality of recess portions (dips defined by surfaces 4a and 4b, 4a being disclosed as a lower surface; fig. 6J with reference to fig. 7) [0032] that are concave [0050] & [0064] from one side (side 4b; fig. 6J with reference to fig. 7) [0032] of the resin layer (5) toward each of the plurality of light emitting devices (2),
wherein the diffusion layer (3 & 4) includes a plurality of protruding portions (portions filling the space towards lower surface 4a, hereinafter “fillers”; fig. 6J with reference to fig. 7) disposed in each of the plurality of recess portions (dips defined by 4a and 4b),
wherein each of the plurality of protruding portions (fillers) is spaced apart in a first direction (horizontal in fig. 6J) in which light is emitted (scattering would provide at least some light to be emitted this direction) from each light emitting device (2),
wherein a maximum depth (vertical depth in fig. 6J) of each of the plurality of recess portions (fillers) is smaller than a maximum width (horizontal width in fig. 6J) of each of the plurality of recess portions (fillers) (i.e., being wider than they are deep) in at least one direction (vertical in fig. 6J) perpendicular to the first direction (horizontal), and
wherein a thickness (see below for portion indicated as “thickness”) of the resin layer (5) is smaller than the maximum width (see below for “width”) of each recess portion (fillers) and greater than the maximum depth (“depth” below) of each recess portion (the “thickness” is less than the “width” below but greater than the “recess depth”, also indicated below; these measurement relationships being visible from the below figure).
It is noted that some portions of the above (and below) rejection require a better view of the named elements than fig. 6J can provide. While other figures of Hashimoto belong to other embodiments, they are referenced to show the view (and/or taglines) which fig. 6J is missing.
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Annotated fig. 6J from Hashimoto
Regarding claim 8, Hashimoto teaches the lighting device of claim 7, wherein the diffusion layer (4) includes an extension portion (portion connecting fillers, hereinafter “extension”; fig. 6J) connecting the plurality of protruding portions (fillers), wherein the protruding portion (fillers) and the extension portion (extension) provide an exit surface through which light is emitted [0040]-[0042].
Regarding claim 9, Hashimoto teaches the lighting device of claim 8, wherein the diffusion layer (3 & 4) includes side portions (3) extending on both sides of the resin layer (5) in a longitudinal direction.
Regarding claim 11, Hashimoto teaches a lighting device comprising:
a substrate (support 91; fig. 6J) [0053];
a plurality of light emitting devices (2; fig. 6J) [0031] disposed on the substrate (91);
a resin layer (phosphor layer 5 comprising resin; fig. 6J with reference to fig. 6H) [0039] disposed on the substrate (91) and sealing the plurality of light emitting devices (2); and
a diffusion layer (layers 3 and 4 which are taught as comprising the same material; fig. 6J) [0031] & [0042] disposed on the resin layer (5) and having a diffusion agent (phosphors) [0039],
wherein the resin layer (5) includes a first surface (vertically upper in fig. 6J near surface 4b as seen in fig. 7) on an exit side (vertically upper side) and a second surface (vertically lower near surface 4a) on the opposite side (opposite from the first face) of the first surface (upper),
wherein the resin layer (5) includes a plurality of recess portions (dips defined by surfaces 4a and 4b, 4a being disclosed as a lower surface, hereinafter “dips”; figs. 6J with reference to 7) [0032] concave [0050] & [0064] from the first surface (vertically upper) toward each of the plurality of light emitting devices (2),
wherein the diffusion layer (3 & 4) includes a plurality of protruding portions (portions filling the space towards lower surface 4a, hereinafter “fillers”) disposed in each of the plurality of recess portions (dips), wherein the resin layer (5) and the diffusion layer (3 & 4) are stacked (having at least some overlap) in a first direction (horizontal),
wherein the plurality of light emitting devices (2) are arranged in a second direction (vertical in fig. 6J) perpendicular to the first direction (horizontal), wherein the plurality of protruding portions (fillers) is arranged in the second direction (vertical),
wherein each of the plurality of protruding portions (fillers) is spaced apart (having at least part of each filler on horizontal sides thereof) from each light emitting device (2) in the first direction (horizontal),
wherein a maximum depth (vertical depth in fig. 6J) of each of the plurality of recess portions (dips) is smaller than a maximum width (horizontal width in fig. 6J) of each of the recess portions (dips) in the second direction (vertical),
wherein the plurality of light emitting devices (2) overlap the plurality of protruding portions (fillers) in the first direction (horizontal), and
wherein each of the plurality of light emitting devices (2) is disposed between the second surface (vertically lower) of the resin layer (5) and each of the plurality of recess portions (fillers).
It is noted that some portions of the above (and below) rejection require a better view of the named elements than fig. 6J can provide. While other figures of Hashimoto belong to other embodiments, they are referenced to show the view (and/or taglines) which fig. 6J is missing.
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Annotated fig. 6J from Hashimoto
Regarding claim 12, Hashimoto teaches the lighting device of claim 11 wherein a minimum distance between the light emitting device (2) and the second surface (near 4a) of the resin layer (5) is smaller than a minimum distance between the light emitting device (2) and the recess portion (dips). To further clarify, the dips are disposed immediately above the second surface of the resin layer 5, thus reading on the limitation.
Regarding claim 13, Hasimoto teaches the lighting device of claim 11 wherein a length (distance seen in fig. 6J in horizontal direction) of each of the light emitting devices (2) in the second direction is smaller than the maximum width of each of the recess portions in the second direction.
Regarding claim 14, Hashimoto teaches the lighting device of claim 11 wherein a thickness of the resin layer (5) is smaller than the maximum width of each recess portion (dips). Compare “thickness” and “width” in the above annotated figure, relating to claim 11.
Regarding claim 15, Hashimoto teaches the lighting device of claim 11 wherein a thickness of the resin layer (5) is greater than the maximum depth of each of the recess portions (dips). Compare “thickness” and “depth” in the above annotated figure, relating to claim 11.
Regarding claim 16, Hashimoto teaches the lighting device of claim 11 wherein a width (distance) of each recess portion (dips) in the second direction is minimum in a region adjacent to each light emitting device (2) and maximum in a region adjacent to the first surface (near 4b) of the resin layer (5).
Regarding claim 17, Hashimoto teaches the lighting device of claim 16 wherein each of the recess portions (dips) has a concave curved surface (see fig. 7).
Regarding claim 18, Hashimoto teaches the lighting device of claim 11 wherein the diffusion layer (3 & 4) is disposed on the first surface (near 4b) of the resin layer (5) and includes an extension portion (lateral portions of 4 over layers 3) connecting the plurality of protruding portions (fillers) to each other.
Regarding claim 19, Hashimoto teaches the lighting device of claim 18 wherein a thickness (see below “thickness”) of the extension portion (portion of 4 directly above 3) in the first direction (horizontal) is smaller than a maximum thickness (also in first direction or horizontal in fig. 6J) of each of the protruding portions (fillers). See below to compare the indicated “thickness 4” and “thickness fillers.” It is noted that the claim 19 does not specify in which direction the thickness for the protruding portions. It is assumed that this thickness is also measured in the first i.e., horizontal, direction in fig. 6J.
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Annotated fig. 6J from Hashimoto
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto in view of U.S. Pat. Pub. No. US 20210226106 A1, which is of record, to Yun et al. (hereinafter “Yun”).
Regarding claim 2, Hashimoto does not teach the lighting device of claim 1, wherein the maximum depth of each recess portion in the first direction is in a range of 12% to 41% of an optical axis distance from one side of the resin layer to the other side of the diffusion layer in the first direction.
Yun, however, teaches modifying the depth of the recess portion (height b1 within lens portion 31; fig. 3) [0061] such that the angle of incident light should land in an optimal range for maximum light diffusion efficiency [0061].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the recess portion to meet the limitations of claim 2 to minimize optical interference and maximize light diffusion efficiency as taught by Yun [0061].
It is noted that while Yun does not explicitly teach the percentage recited in claim 2, the prior art conditions are established under M.P.E.P. 2144.05 II (A) as to allow for the person of ordinary skill in the art to reach these values through routine experimentation i.e., a reasonable expectation of success is established and Yun provides a starting point for experimentation to commence from.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto and further in view of Hashimoto.
Regarding claim 6, Hashimoto teaches the lighting device of claim 5, wherein the diffusion layer (layers 3 & 4) includes a side portion extending to each side of the resin layer (5).
Hashimoto does not teach wherein the resin layer and the diffusion layer are provided without a phosphor.
However, Hashimoto teaches that the phosphors are used as color conversion in the resin layer 5 (see ¶ [0033]). It follows that a lack of phosphors would result in no color conversion i.e., the light emitted would match the light emitted by the device 2. It thus would be obvious to omit the phosphor in the resin layer and diffusion layer to allow for white light (in addition to other wavelengths of light) to be emitted from the structure.
Allowable Subject Matter
Claims 10, 13, & 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding the allowable subject matter of claim 10, it is not found a reference which reasonably motivates a person of ordinary skill in the art to modify Hashimoto to read on claim 10. The closest art is US 20220146738 A1 which teaches that the refractive index of the vertically topmost layer may be modified to prevent decreased luminance [0042]. However, it seems more likely than not that the person of ordinary skill in the art would not have sufficient motivation and information to arrive at the limitations of claim 10 with these references only. Claim 20 is allowable for the same reasons as claim 10, having similar subject matter.
Regarding the allowable subject matter of claim 13, it is not found a reference which would reasonably read on the limitations of claim 13. The closest art is Yun (of record) which teaches a relationship between the thickness of the resin to the thickness and spacing of the light emitting devices in ¶ [0041]-[0042] & [0060] but makes no mention about the thickness of the recess portions (defined as “dips” above) as would be required by the second direction (defined as vertical in claim 11). It seems at least more likely than not that the person of ordinary skill in the art would not have sufficient teaching to reach the limitations of claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220146738 A1 to Lee et al. teaches light emitting devices with resin and light diffusing layers. US 20200335660 A1 to Kang et al. teaches light emitting devices with resin and light diffusing layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ETHAN EDWARD CUTLER whose telephone number is (703)756-5415. The examiner can normally be reached Monday-Friday 7:30 am - 5:00 pm Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Richards can be reached on (571) 272-1736. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ETHAN EDWARD CUTLER/Examiner, Art Unit 2892
/NORMAN D RICHARDS/ Supervisory Patent Examiner, Art Unit 2892
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