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 .
Detailed Action
Claim Rejections – 35 U.S.C. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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-AlA 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.
Claims 1 and 8 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishio (U.S. Patent Pub. No. 2011/0176290)
Regarding Claim 1
FIG. 1 of Nishio discloses a wavelength converter (114) for a shaped surface luminance light-emitting diode (LED) die (130) that, as a result of a nonuniform current distribution in the LED die, produces a peak luminance in a region of the LED die when powered on, the wavelength converter comprising: a body of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a nonuniform height profile configured (incident intensity), when the wavelength converter is installed over the LED die, to provide a greater height adjacent the region of the LED die that produces the peak luminance and to reduce an optical path through the body in a direction away from the region toward at least one outer edge of the body, thereby compensating for increased wavelength conversion of oblique rays away from the region and reducing color variation over a light-emitting area of the LED [0046].
Regarding Claim 8
FIG. 1 of Nishio discloses a shaped surface luminance light-emitting diode (LED) (130) comprising: an LED die having a nonuniform current distribution that causes the LED die, when powered on, to produce a peak luminance in a region of a light-emitting area of the LED die; and a wavelength converter (114) over the LED die, wherein the wavelength converter comprises a body of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a non-uniform profile spatially correlated with a luminance profile of the LED die, the height providing a greater that produces the peak luminance and a reduced optical path through the body in a direction away from the region toward at least one outer edge of the body, such that the wavelength converter compensates for increased wavelength conversion of oblique rays away from the region and reduces color variation over the light-emitting area while retaining the nonuniform luminance profile of the LED die [0046].
Claims 1 and 8 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Son (U.S. Patent Pub. No. 2012/0193670) of record
Regarding Claim 1
FIG. 2 of Son discloses a wavelength converter (33) for a shaped surface luminance (FIG. 1) light-emitting diode (LED) die (30) that, as a result of a nonuniform current distribution in the LED die, produces a peak luminance in a region of the LED die when powered on, the wavelength converter comprising: a body of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a nonuniform height profile configured, when the wavelength converter is installed over the LED die, to provide a greater height adjacent the region of the LED die that produces the peak luminance and to reduce an optical path through the body in a direction away from the region toward at least one outer edge of the body, thereby compensating for increased wavelength conversion of oblique rays away from the region and reducing color variation over a light-emitting area of the LED.
Regarding Claim 8
FIG. 2 of Son discloses a shaped surface luminance light-emitting diode (LED) (30) comprising: an LED die having a nonuniform current distribution that causes the LED die, when powered on, to produce a peak luminance in a region of a light-emitting area of the LED die; and a wavelength converter (33) over the LED die (FIG. 1), wherein the wavelength converter comprises a body of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a non-uniform profile spatially correlated with a luminance profile of the LED die, the height providing a greater that produces the peak luminance and a reduced optical path through the body in a direction away from the region toward at least one outer edge of the body, such that the wavelength converter compensates for increased wavelength conversion of oblique rays away from the region and reduces color variation over the light-emitting area while retaining the nonuniform luminance profile of the LED die.
Claims 1-4, 6, 8-11 and 13 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shen (U.S. Patent Pub. No. 2019/0198727)
Regarding Claim 1
FIG. 1 of Shen discloses a wavelength converter (130) for a shaped surface luminance light-emitting diode (LED) die (110) that, as a result of a nonuniform current distribution in the LED die, produces a peak luminance in a region of the LED die when powered on [0046], the wavelength converter comprising: a body of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a nonuniform height profile configured, when the wavelength converter is installed over the LED die, to provide a greater height adjacent the region of the LED die that produces the peak luminance and to reduce an optical path through the body in a direction away from the region toward at least one outer edge of the body, thereby compensating for increased wavelength conversion of oblique rays away from the region and reducing color variation over a light-emitting area of the LED [0046].
Regarding Claim 2
FIG. 1 of Shen discloses the shape of the cross-section of the body in the length direction is an asymmetric truncated pyramid [0077].
Regarding Claim 3
FIG. 1 of Shen discloses the body has four side surfaces and a top surface, wherein each of the four side surfaces is separated from two adjacent ones of the four side surfaces by one of four edges, wherein each of the four edges has a curved shape, and wherein two of the four edges that are adjacent the region of the LED die that produces the peak luminance, when the wavelength converter is installed over the LED die, have a smaller slope than two of the four edges that are not adjacent the region of the LED die that produces the peak luminance.
Regarding Claim 4
FIG. 1 of Shen discloses the body has two side surfaces separated from one another by a top surface, and wherein the shape of the cross-section of the body in the length direction is such that one of the two side surfaces that is adjacent the region of the LED die that produces the peak luminance when the wavelength converter is installed over the LED die has a smaller slope than the other one of the two sides surfaces that is not adjacent the region of the LED die that produces the peak luminance.
Regarding Claim 6
FIG. 1 of Shen discloses the wavelength converting material is one of a ceramic phosphor, phosphor in silicone, or phosphor in glass [0033].
Regarding Claim 8
FIG. 1 of Shen discloses a shaped surface luminance light-emitting diode (LED) (110) comprising: an LED die having a nonuniform current distribution that causes the LED die, when powered on, to produce a peak luminance in a region of a light-emitting area of the LED die [0046]; and a wavelength converter (130) over the LED die, wherein the wavelength converter comprises a body of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a non-uniform profile spatially correlated with a luminance profile of the LED die, the height providing a greater that produces the peak luminance and a reduced optical path through the body in a direction away from the region toward at least one outer edge of the body, such that the wavelength converter compensates for increased wavelength conversion of oblique rays away from the region and reduces color variation over the light-emitting area while retaining the nonuniform luminance profile of the LED die [0046].
Regarding Claim 9
FIG. 1 of Shen discloses the shape of the cross-section of the body in the length direction is an asymmetric truncated pyramid [0077].
Regarding Claim 10
FIG. 1 of Shen discloses the body has four side surfaces and a top surface, wherein each of the four side surfaces is separated from two adjacent ones of the four side surfaces by one of four edges, wherein each of the four edges has a curved shape, and wherein two of the four edges that are adjacent the region of the LED die that produces the peak luminance, when the wavelength converter is installed over the LED die, have a smaller slope than two of the four edges that are not adjacent the region of the LED die that produces the peak luminance.
Regarding Claim 11
FIG. 1 of Shen discloses the body has two side surfaces separated from one another by a top surface, and wherein the shape of the cross-section of the body in the length direction is such that one of the two side surfaces that is adjacent the region of the LED die that produces the peak luminance when the wavelength converter is installed over the LED die has a smaller slope than the other one of the two sides surfaces that is not adjacent the region of the LED die that produces the peak luminance.
Regarding Claim 13
FIG. 1 of Shen discloses the wavelength converting material is one of a ceramic phosphor, phosphor in silicone, or phosphor in glass [0033].
Claims 1 and 8 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kakkar (U.S. Patent Pub. No. 2019/0348583)
Regarding Claim 1
FIG. 6 of Kakkar discloses a wavelength converter [0005] for a shaped surface luminance (FIG. 1) light-emitting diode (LED) die (102) that, as a result of a nonuniform current distribution in the LED die, produces a peak luminance in a region of the LED die when powered on, the wavelength converter comprising: a body (602) of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a nonuniform height profile configured (FIG. 2), when the wavelength converter is installed over the LED die, to provide a greater height adjacent the region of the LED die that produces the peak luminance and to reduce an optical path through the body in a direction away from the region toward at least one outer edge of the body, thereby compensating for increased wavelength conversion of oblique rays away from the region and reducing color variation over a light-emitting area of the LED [0038].
Regarding Claim 8
FIG. 6 of Kakkar discloses a shaped surface luminance light-emitting diode (LED) (102) comprising: an LED die having a nonuniform current distribution that causes the LED die, when powered on (FIG. 2), to produce a peak luminance in a region of a light-emitting area of the LED die; and a wavelength converter [0005] over the LED die, wherein the wavelength converter comprises a body (602) of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a non-uniform profile spatially correlated with a luminance profile of the LED die, the height providing a greater that produces the peak luminance and a reduced optical path through the body in a direction away from the region toward at least one outer edge of the body, such that the wavelength converter compensates for increased wavelength conversion of oblique rays away from the region and reduces color variation over the light-emitting area while retaining the nonuniform luminance profile of the LED die [0038].
Claim Rejections – 35 U.S.C. 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.
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.
Claims 5 and 12 rejected under 35 U.S.C. 103 as being unpatentable over Son, in view of Butler (U.S. Patent Pub. No. 2011/0205619) of record.
Regarding Claim 5
Son discloses Claim 1.
Son is silent with respect to “the body has a wedge shape”.
FIG. 2 of Butler discloses a similar wavelength converter, wherein the body has a wedge shape [0019].
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the device of Son, as taught by Butler. The ordinary artisan would have been motivated to modify Son in the above manner for purpose of increasing overall package volume and operational complexity ([0003] of Butler).
Regarding Claim 12
FIG. 2 of Butler discloses the body has a wedge shape [0019].
Claims 7 and 14 rejected under 35 U.S.C. 103 as being unpatentable over Son, in view of Byrnes (U.S. Patent Pub. No. 2017/0082263) of record.
Regarding Claim 7
Son discloses Claim 1.
Son is silent with respect to “the body is a platelet”.
FIG. 4 of Byrnes discloses a similar wavelength converter (409), wherein the body is a platelet [0084].
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the device of Ando, as taught by Byrnes. The ordinary artisan would have been motivated to modify Ando in the above manner for purpose of enable to production of lighting devices that can generate high luminance at relatively high power levels ([0003] of Byrnes).
Regarding Claim 14
Byrnes discloses the body is a platelet [0084].
Pertinent Art
US 20110018016 discloses a wavelength converting element has an asymmetric shape relative to LED. 20050146879 discloses a wavelength converting element having a shape of truncated pyramid. FIG. 6 of Ando (JP 7267836) discloses a wavelength converter (40) for a shaped surface luminance light-emitting diode (LED) die (20) that produces a peak luminance in a region of the LED die when powered on, the wavelength converter comprising: a body of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a shape such that, when the wavelength converter is installed over the LED die, the height of the body is larger adjacent the region of the LED die that produces the peak luminance. Harada (JP 2020188184) discloses a wavelength converter (40) for a shaped surface luminance light-emitting diode (LED) die (20) that produces a peak luminance in a region of the LED die when powered on, the wavelength converter comprising: a body of a wavelength converting material having a width, a length, and a height, wherein a cross-section of the body in the length direction has a shape such that, when the wavelength converter is installed over the LED die, the height of the body is larger adjacent the region of the LED die that produces the peak luminance.
Response to Arguments
Applicant’s arguments with respect to Claims 1 and 8 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. It is not necessary that the prior art suggest the combina-tion to achieve the same advantage or result discov-ered by applicant. See, e.g., In re Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006) (moti-vation question arises in the context of the general problem confronting the inventor rather than the spe-cific problem solved by the invention); Cross Med. Prods., Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293, 1323, 76 USPQ2d 1662, 1685 (Fed. Cir. 2005) (“One of ordinary skill in the art need not see the identical problem addressed in a prior art refer-ence to be motivated to apply its teachings.”); In re Linter, 458 F.2d 1013, 173 USPQ 560 (CCPA 1972) (discussed below); In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990), cert. denied, 500 U.S. 904 (1991). See MPEP § 2144 (IV).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHENG-BAI ZHU whose telephone number is (571)270-3904. The examiner can normally be reached on 11am – 7pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chad Dicke can be reached on (571)270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHENG-BAI ZHU/Primary Examiner, Art Unit 2897
