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 .
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 instant claims contain the transitional phrase “comprising”. Per MPEP 2111.03 ‘The transitional term “comprising”, which is synonymous with “including,” “containing,” or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps'. This open-ended definition has been taken into consideration in the following rejections.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0255730 A1 to Wakui et al. (hereinafter Wakui).
Regarding claim 1, Wakui discloses a method of producing a nitride fluorescent material (para [0025]), comprising:
preparing a calcined product comprising
a fluorescent material core, and
a first film containing a fluoride on a surface of the fluorescent material core (para [0058]),
bringing the calcined product into contact with a solution containing a metal alkoxide containing an element M2 being at least one element selected from the group consisting of Si, Al, Ti, Zr, Sn, and Zn and hydrolyzing and condensation-polymerizing the metal alkoxide to form a second film containing an oxide containing the element M2 (para [0062]), and
performing a (second) heat-treatment at a temperature higher than 250 °C and equal to or lower than 500 °C (para [0061]),
wherein the nitride fluorescent material comprises the fluorescent material core
having a composition containing:
Mª being at least one element selected from the group consisting of Sr, Ca,
Ba, and Mg,
Mb being at least one element selected from the group consisting of Li, Na,
and K,
Mᶜ being at least one element selected from the group consisting of Eu, Ce,
Tb, and Mn,
Al,
N, and
optionally Si (para [0026]).
The reference does not expressly recite bringing the calcined product into contact with the solution at a temperature equal to or lower than ambient temperature. However, the reference does not teach or suggest heating the solution during the contacting step, which indicates contacting the calcined product at ambient temperature. Note that para [0048] recites contacting the calcined product with a solution (liquid state) at ambient (room) temperature to facilitate formation of the first film, containing fluoride, on the core. It would therefore be obvious to one of ordinary skill in the art to bring the calcined product into contact with the solution (para [0062]) at ambient temperature to facilitate formation of the second film in a safe and cost-effective manner.
Regarding claim 2, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein, in the forming of the second film, the bringing the calcined product into contact with the solution containing the metal alkoxide is performed (para [0062]). Wakui further discloses that the core may comprise multiple layers (para [0152]), such as a multilayered first film and second film (para [0072] and [0143]). The reference is silent regarding contacting the calcined product with the solution two or more times in the forming of the second film.
However, it would be obvious to one of ordinary skill in the art to bring the calcined product into contact with the solution two or more times to provide a multi-layered second film as an obvious alternative to the disclosed multilayered first film and thereby reduce the influence of oxygen, heat, and moisture on the calcined core (para [0068]), preventing the nitride fluorescent material from degrading in external environments (para [0069]).
Regarding claim 3, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, further comprising drying after the bringing the calcined product into contact with the solution containing the metal alkoxide (para [0126]).
Regarding claim 4, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein the temperature at which the calcined product is brought into contact with the solution containing the metal alkoxide is higher than 0 °C, ambient temperature, as described above, disclosed as 20 °C ± 5 °C (para [0049]).
Regarding claim 5, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein ions comprising an element M1, being at least one element selected from the group consisting of alkali metal elements and alkaline earth metal elements (Ma), are present when the calcined product is brought into contact with the solution containing the metal alkoxide (para [0098]).
Regarding claim 6, Wakui discloses the method of producing a nitride fluorescent material according to claim 1,wherein, the bringing the calcined product into contact with the solution containing the metal alkoxide is performed in the presence of a basic (alkali) catalyst (para [0066]).
Regarding claim 7, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein the solution containing the metal alkoxide comprises water (para [0126]) and/or alcohol (para [0065])
Regarding claim 8, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein the metal alkoxide contained in the solution containing the metal alkoxide is in such an amount that an oxide containing the element M2 obtained by hydrolyzing and condensation-polymerizing the metal alkoxide is in an amount of 1% by mass or more and 20% by mass or less (para [0096]), which overlaps the instantly claimed range of 5% by mass or more and 20% by mass or less relative to 100% by mass of the calcined product. See MPEP 2144.05(I), which states that ‘In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists’.
Regarding claim 9, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein the metal alkoxide comprises tetraethoxysilane (para [0067]).
Regarding claim 10, Wakui discloses the method of producing a nitride fluorescent material according to claim 1,
wherein, in the preparing of the calcined product, the fluorescent material core has a
composition represented by the following formula (I):
MᵃvMᵇwMᶜxAl3-ySiyNz (I) (para [0084])
wherein Mᵃ represents at least one element selected from the group consisting of Sr, Ca, Ba, and Mg; Mᵇ represents at least one element selected from the group consisting of Li, Na, and K; Mᶜ represents at least one element selected from the group consisting of Eu, Ce, Tb, and Mn (para [0085]); wherein x and y satisfy 0.001 < x ≤ 0.1, 0 ≤ y ≤ 0.5 (para [0085]), w satisfies 0.8 ≤ w ≤ 1.05, which falls within the instantly claimed range of 0.5 ≤ w ≤ 1.8, and v and z each satisfy 0.8 ≤ v ≤ 1.05, and 3.0 ≤ z ≤ 5.0, which overlap the instantly claimed ranges of 0.8 ≤ v ≤ 1.2 and 1.5 ≤ z ≤ 5.0 (para [0085]). See MPEP 2144.05(I), cited above.
Regarding claim 11, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein the heat treatment is carried out in air or in an inert gas atmosphere (para [0057]).
Regarding claim 12, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein the heat treatment is carried out at a temperature in a range of preferably 300 °C to 400 °C (para [0056]).
Regarding claim 13, Wakui discloses the method of producing a nitride fluorescent material according to claim 1, wherein the preparing of the calcined product comprises:
subjecting the fluorescent material core to a first heat treatment performed at a
temperature in a range of 100 °C to 500 °C, which overlaps the instantly claimed range of 120 °C to 500 °C, in an atmosphere containing a fluorine-containing substance to prepare the calcined product including the first film on the surface of the fluorescent material core (para [0047]-[0049]), and
performing the heat treatment according to claim 1 as a second heat treatment (para [0061]-[0062]).
Claims 14-21 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0250320 A1 to Wakui et al. (hereinafter Wakui320).
Regarding claim 14, Wakui320 discloses a nitride fluorescent material comprising
a fluorescent material core having a composition containing
Mᵃ being at least one element selected from the group consisting of Sr, Ca, Ba, and Mg,
Mᵇ being at least one element selected from the group consisting of Li, Na, and K,
Mᶜ being at least one element selected from the group consisting of Eu, Ce, Tb, and Mn,
Al,
N, and
optionally Si (para [0012]), and
a film containing an oxide (via oxidation of the surface, para [0076]) and fluorine containing an element M2 being at least one element selected from a group comprising Al arranged on the surface of the fluorescent material core (para [0078]),
the nitride fluorescent material having a minimum thickness (Tmin) of approximately 0.05 µm, a maximum thickness of approximately 0.6 to 0.7 µm (para [0142]), and a thickness (T) range of ~0.05 to ~0.65 µm (para [0142]), which provides a Tmin/T of ~(0.05/(0.05-0.65)) or~0.77 to ~1, which overlaps the instantly claimed range of 0.3 or more and 1 or less. See MPEP 2144.05(I), cited above.
The reference is silent regarding the limitation “wherein the film thickness ratio Tmin/T is a ratio of a minimum film thickness Tmin of the film derived from the following formula (2) to a film thickness T of the film derived from the following formula (1):
film thickness T = (S2-Sc)/[(P2+Pc)/2] (1); and
minimum film thickness Tmin = (Ss-Sc)/[(Ps+Pc)/2] (2),
wherein, in a scanning electron microscope (SEM) micrograph obtained by
photographing a cross-section of the nitride fluorescent material using an SEM, P2 represents an outer circumference length of the film derived from a closed line drawn along the outer circumference of the film to be inscribed on the outer circumference of the film, Pc represents an outer circumference length of the fluorescent material core derived from a closed line drawn along the outer circumference of the fluorescent material core to be inscribed on the outer circumference of the fluorescent material core, Ps represents an outer circumference length of a closed line obtained by enlarging the outer circumference of the fluorescent material core to be inscribed on the outer circumference of the film at the shortest distance from the outer circumference of the fluorescent material core in a direction orthogonal to the outer circumference of the fluorescent material core, S2 represents a cross-sectional area of the fluorescent material core and the film derived from the outer circumference length P2 of the film, Sc represents a cross-sectional area of the fluorescent material core derived from the outer circumference length Pc of the fluorescent material core, and Ss represents a cross-
sectional area of the enlarged closed line derived from the outer circumference length Ps”.
Wakui320 does not recite the method of deriving Tmin/T via Formulas (1) and (2) as set forth in the instant claim. However, the instant claim is drawn to a product, the nitride fluorescent particle comprising a film. The claim is not drawn to a method of determining thickness properties of the film. Wakui320 does teach overlapping Tmin, overlapping T, and an overlapping Tmin/T ratio based on thickness values derived from SEM micrographs such as Fig. 8, described in para [0086] and [0142]. It would therefore be obvious to one of ordinary skill in the art to provide an overlapping film thickness determined by said method, as is evidenced by Fig. 8. It would also be obvious to optimize film thickness properties to improve the durability of the fluorescent material (para [0151]).
Regarding claim 15, Wakui320 discloses the nitride fluorescent material according to claim 14, wherein an arithmetic average value of the film thickness ratio Tmin/T of the nitride fluorescent materials is in a range of ~0.77 to 1 as discussed above, which overlaps the instantly claimed range of 0.45 or more and 1 or less. See MPEP 2144.05(I), cited above.
Regarding claim 16, Wakui320 discloses the nitride fluorescent material according to claim 14, wherein an arithmetic average value of the film thickness T of the nitride fluorescent materials is ~0.1 µm (para [0142]) or ~100 nm, which overlaps the instantly claimed range of 100 nm or more and 200 nm or less. See MPEP 2144.05(I), cited above.
Regarding claim 17, Wakui320 discloses the nitride fluorescent material according to claim 14, wherein an arithmetic average value of the minimum film thickness Tmin of the nitride fluorescent materials is ~0.05 µm (para [0086]) or ~50 nm, which overlaps the instantly claimed range of 50 nm or more and 100 nm or less. See MPEP 2144.05(I), cited above.
Regarding claim 18, Wakui320 discloses the nitride fluorescent material according to claim 14, but fails to expressly disclose wherein a standard deviation of the film thickness T of the nitride fluorescent material is 25 nm or less. However, the reference does teach the need to control the minimum and maximum thickness to improve the protective function of the film and provide high durability to the fluorescent material (para [0085]). It would therefore be obvious to one of ordinary skill in the art to optimize the film thickness, including a standard deviation of the film thickness that at least overlaps the instantly claimed range of 25 nm or less, to provide a uniform film with reduced reflection of light and improved light emission intensity (para [0085]).
Regarding claim 19, Wakui320 discloses the nitride fluorescent material according to claim 14, wherein a median of the film thickness T of the nitride fluorescent materials is ~ 100 nm (~0.1 µm, para [0142]), which overlaps the instantly claimed range of 100 nm or more. See MPEP 2144.05(I), cited above.
Regarding claim 20, Wakui320 discloses the nitride fluorescent material according to claim 14, wherein a minimum value of the film thickness T is approximately 50 nm (approximately 0.05 µm, para [0142]), which is so close as to constitute overlap with the lower end of the instantly claimed range of 70 nm or more. See MPEP 2144.05(I) cited above, which further states that ‘…Similarly, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties’.
Regarding claim 21, Wakui320 discloses the nitride fluorescent material according to claim 14, wherein a median particle diameter with a cumulative frequency of 50% from a small diameter side in a volume-based particle size distribution measured by a laser diffraction scattering method (para [0092]) is in a range of 4.0 µm to 20 µm (para [0090]), which overlaps the instantly claimed range of 15 µm or more and 30 µm or less. See MPEP 2144.05(I), cited above.
Conclusion
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/L.E./Examiner, Art Unit 1734 /Matthew E. Hoban/Primary Examiner, Art Unit 1734
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