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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 19, 2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-24 and 33-38 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. As to claim 21, the limitation “the light emitting device” fails to clearly refer to the recited “plurality of light emitting devices” because it is not clear which of the “plurality of light emitting devices” is being referred to. Thus, the limitation renders the claims indefinite and clarification is required. As to claim 33, the limitation “the second phosphor layers” lacks sufficient antecedent basis as only “a second phosphor layer” is recited. Thus, the limitation renders the claim indefinite and clarification is required.
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) 21-24 and 33-38 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2013/0320380 A1 to Kanemaru (“Kanemaru”) in view of U.S. Patent Application Publication No. 2013/0270592 A1 to Reiherzer et al. (“Reiherzer”), and U.S. Patent Application Publication No. 2010/0133999 A1 to Hsu (“Hsu”). As to claim 21, although Kanemaru discloses an illumination device, comprising: a substrate (7, 8); a light emitting unit (1) including a light emitting device (1) disposed on the substrate (7, 8); a resin layer (4) disposed on the substrate (7, 8) and sealing the light emitting unit (1); a first phosphor layer (33) disposed on an upper surface of the resin layer (4); a second phosphor layer (32) disposed on all side surfaces of the resin layer (4); and wherein the light emitted from the light emitting device (1) is configured to pass through the resin layer (4) and the phosphor layers (32, 33) sequentially (See Fig. 1-Fig. 7, ¶ 0030, ¶ 0037-¶ 0042, ¶ 0049, ¶ 0054, ¶ 0058), Kanemaru does not further disclose the light emitting unit including a plurality of light emitting devices disposed on the substrate; a light blocking layer provided outside the resin layer to be disposed on areas at which the first phosphor layer and the second phosphor layer meet each other, wherein the light blocking layer includes: a first part at least a portion of which extends along edges of the upper surface of the resin layer; and a second part at least a portion of which extends along edges of the side surfaces of the resin layer. However, Reiherzer does disclose the light emitting unit including a plurality of light emitting devices (14) (See Fig. 2, Fig. 3, Fig. 4, Fig. 6, ¶ 0033-¶ 0035, ¶ 0039, ¶ 0040, ¶ 0053). Further, Hsu discloses a light blocking layer (16) provided on the second phosphor layer (15) to be disposed on areas at which the first phosphor layer (20) and the second phosphor layer (15) meet each other, wherein the light blocking layer (16) includes: a first part at least a portion of which extends along edges of the upper surface of the second phosphor layer (15); and a second part at least a portion of which extends along edges of the second phosphor layer (15), (See Fig. 8-Fig. 14, ¶ 0023, ¶ 0024). In view of the teachings of Reiherzer and Hsu, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Kanemaru to have the light emitting unit including a plurality of light emitting devices disposed on the substrate; a light blocking layer provided outside the resin layer to be disposed on areas at which the first phosphor layer and the second phosphor layer meet each other, wherein the light blocking layer includes: a first part at least a portion of which extends along edges of the upper surface of the resin layer; and a second part at least a portion of which extends along edges of the side surfaces of the resin layer because the plurality of light emitting devices increases light intensity and the light blocking layer allows multicolor light emission without interference (See Reiherzer and Hsu ¶ 0024). As to claim 22, Kanemaru further discloses wherein the first phosphor layer (33) and the second phosphor layer (32) do not overlap in a horizontal direction (See Fig. 5, Fig. 6. As to claim 23, Kanemaru in view of Reiherzer discloses further comprising a reflective layer (12) disposed between the resin layer (4) and the substrate (7, 8) (See Kanemaru Fig. 7, ¶ 0058 and Reiherzer ¶ 0035). As to claim 24, Kanemaru in view of Hsu further discloses wherein the first phosphor layer (33/20) and the second phosphor layer (32/15) include different phosphors to emit different lights (See Hsu Fig. 14, ¶ 0023). As to claim 33, Kanemaru in view of Hsu further discloses wherein the second phosphor layers (32/15) facing each other includes the same phosphor (See Hsu Fig. 14, ¶ 0023). As to claim 34, Kanemaru and Hsu further disclose wherein entire ends of the first phosphor layer (33/20) are spaced apart from the upper surface of the substrate (7, 8/11) (See Kanemaru Fig. 6 and Hsu Fig. 14) . As to claim 35, Kanemaru further discloses wherein an entire of the first phosphor layer (33) in contact with the upper surface of the resin layer (4) (See Fig. 6, ¶ 0012) (Notes: the resin layer also forms the frame 3). As to claim 36, Kanemaru further discloses wherein an entire of the second phosphor layer (32) is in contact with the side surface of the resin layer (4) (See Fig. 4, Fig. 5). As to claim 37, Kanemaru in view of Hsu further discloses wherein an outer side surface of the second part of the light blocking layer (16) is coplanar to an outer side surface of the second phosphor layer (32/15) (See Kanemaru Fig. 4 and Hsu Fig. 14). As to claim 38, Kanemaru in view of Hsu further discloses wherein the light blocking layer (16) is formed in a closed ring shape which horizontally extends along an upper edge of the resin layer (4) (See Kanemaru Fig. 4 and Hsu Fig. 14).
Response to Arguments
Applicant's arguments with respect to claim 21 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID CHEN whose telephone number is (571)270-7438. The examiner can normally be reached M-F 12-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSHUA BENITEZ can be reached at (571) 270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID CHEN/Primary Examiner, Art Unit 2815