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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l) (1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-7 of 16/090,595 in view of WO 2015093267 A1
Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn to the limitations that are mapped to the limitations of claims 1 and 3-7 of 16/090,595 in view of WO 2015093267 A1 as shown below:
Claim 1 of the present application and claim 1 of 16/090,595 recite:
a wavelength conversion member formed of an inorganic phosphor dispersed in a glass matrix, wherein:
the glass matrix contains, in % by mole,
4.3 to 20% B₂O₃,
0 to 3% Li₂O,
0 to 3% Na₂O,
0 to 3% K₂O,
0 to 35% MgO,
0 to 35% CaO ,
0 to 35% SrO ,
0 to 35% BaO,
0 to 5% ZnO
0.1 to 45% MgO+Ca0+SrO+BaO
the glass matrix has a softening point of 829 to 1100°C;
and the inorganic phosphor is at least one selected from
the group consisting of an oxide phosphor, a nitride phosphor,
an oxynitride phosphor, a chloride phosphor, an oxychloride
phosphor, a halide phosphor, an aluminate phosphor, and a
halophosphate phosphor.
whereas WO 2015093267 A1 recites 30 to 85% SiO₂, 0 to 25% Al2O3 and 0 to 3% Li₂O+Na₂O+K₂O; (see rejection of claim 1 below), Therefore from the teachings in WO 2015093267 A1, it would have been obvious to use the compositions of 30 to 85% SiO₂, 0 to 25% Al2O3, 0 to 3% Li₂O+Na₂O+K₂O and WO 2015093267 A1 discloses the limitations of claims 2-7 (see rejection of claims 2-7 below).
Claim 8 of the present application is mapped to claim 3 of 16/090,595.
Claim 9 of the present application is mapped to claim 4 of 16/090,595.
Claim 10 of the present application is mapped to claim 5 of 16/090,595.
Claim 11 of the present application is mapped to claim 6 of 16/090,595.
Claim 12 of the present application is mapped to claim 7 of 16/090,595.
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.
Claim(s) 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Fujita (WO 2015093267 A1)
Regarding claim 1, Fujita teaches a wavelength conversion member formed of an inorganic phosphor (Abstract) dispersed in a glass matrix (A wavelength conversion member comprising an inorganic phosphor powder dispersed in a matrix composed of a sintered body of glass powder containing an alkali metal element and a polyvalent element as a glass composition), wherein
the glass matrix contains, in % by mole,
30 to 85% SiO₂, (SiO .sub.2 30-80%)
4.3 to 20% B₂O₃, (B .sub.2 O .sub.3 1-55%)
0 to 25% Al2O3, (Al .sub.2 O .sub.3 can be up to 10% )
0 to 3% Li₂O, (Li .sub.2 O 0-20%)
0 to 3% Na₂O (Na .sub.2 O 0-25%)
0 to 3% K₂O, (K .sub.2 O 0 5 to 25%)
0 to 3% Li₂O+Na₂O+K₂O (Li .sub.2 O + Na .sub.2 O + K .sub.2 O 0.1 to 35%)
0 to 35% MgO (The content of MgO is preferably 0 to 10%, more preferably 0 to 5%)
0 to 35% CaO (The CaO content is preferably 0-30%, more preferably 0-20%)
0 to 35% SrO (The SrO content is preferably 0 to 20%)
0 to 35% BaO (The BaO content is preferably 0 to 40%, more preferably 0.1 to 30%)
to 45% MgO+Ca0+SrO+BaO (The content (total amount) of MgO, CaO, SrO and BaO is preferably 0.1 to 45%, more preferably 1 to 40%, and further preferably 2 to 35%)
and 0 to 5% ZnO (The content of ZnO is preferably 0 to 20%, and more preferably 0.1 to 10%)
the glass matrix has a softening point of 829 to 1100°C (The raw material was melted and vitrified in a platinum crucible at a temperature of 800 to 1500 ° C.),
and the inorganic phosphor is at least one selected from
the group consisting of an oxide phosphor, a nitride phosphor,
an oxynitride phosphor, a chloride phosphor, an oxychloride
phosphor, a halide phosphor, an aluminate phosphor, and a
halophosphate phosphor (For example, nitride phosphor powder).
Regarding claim 2, Fujita teaches wavelength conversion member, wherein the glass matrix contains, in % by mole, 62.5 to 85% SiO₂ (see 30 to 80% in Fujita)
Regarding claim 3, Fujita teaches wavelength conversion member, wherein the glass matrix contains, in % by mole, 5.5 to 20% B₂O₃ (B.sub.2 O .sub.3 10-55%)
Regarding claim 4, Fujita teaches wavelength conversion member, the glass matrix contains, in 6 by mole, 0 to 3.5% Al₂O₃ (The content of Al .sub.2 O .sub.3 is preferably 0 to 20%, more preferably 1 to 18%)
Regarding claim 5, Fujita teaches wavelength conversion member, the glass matrix contains, in % by mole, 0 to 11.3% CaO (The CaO content is preferably 0-30%, more preferably 0-20%)
Regarding claim 6, Fujita teaches wavelength conversion member, the glass matrix contains, in % by mole, 0.1 to 25%
MgO+Ca0+SrO+BaO (In addition to the above components, MgO, CaO, SrO, and BaO can be added up to 30%).
Regarding claim 7, Fujita teaches wavelength conversion member,
the glass matrix contains, in % by mole, 0 to 1% ZnO (In addition, ZnO can be up to 10% to improve the meltability)
Regarding claim 8, Fujita teaches wavelength conversion member,
containing the inorganic phosphor in an amount of 0.01 to 70%
by mass (see: the content of the inorganic phosphor powder in the wavelength conversion member is in mass%, preferably 0.01 to 50%, more preferably 0.05 to 40%, and still more preferably 0.1 to 30. % Is adjusted)
Regarding claim 9, Fujita teaches a wavelength conversion member being made of a sintered powder body (the softening point becomes high, so that high-temperature firing is necessary for sufficient sintering).
Regarding claim 10, Fujita teaches a light emitting device comprising: the wavelength conversion member; and a light source operable to irradiate the wavelength conversion member with excitation light (FIG. 1 shows an embodiment of a light emitting device of the present invention).
Regarding claims 11 and 12, Fujita teaches an on-vehicle lighting in which the light emitting device is used (The wavelength conversion member of the present invention is suitable as a structural member for general illumination such as white LED or special illumination (for example, projector light source, automobile headlamp light source) and the on-vehicle lighting for use as a headlamp.
Other art
JP 2015071699 A, US 20060117823 A1, US 20150007881 A1
JP 2000346024 A
JP 2003206189 A-temp between 500-1100
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatima Farokhrooz whose telephone number is (571)-272-6043. The examiner can normally be reached on Monday- Friday, 9 am - 5 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece can be reached on (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov
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/Fatima N Farokhrooz/
Examiner, Art Unit 2875
Prosecution Insights