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 § 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.
Claim(s) 1-5,8-10,12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Motobayashi et al (WO 2021/131946 A1), English translation is found in US PG Pub 2023/0014812 A1.
Regarding claim 1, Motobayashi teaches a light-emitting device comprising: a first light-emitting element (4A, fig. 5B, paragraph [0068]) including a first light-emitting surface from which first emission light of a first emission color is emitted; a second light-emitting element (4B, paragraph [0068]) including a second light-emitting surface from which second emission light of a second emission color is emitted; an optical member (35, paragraph [0068]) including an optical action layer configured to reflect or (fig. 5B) transmit light in accordance with a wavelength of the light, the optical action layer being configured to reflect (fig. 5B, paragraph [0068]) the first emission light and the second emission light so that the first emission light and the second emission light do not (light 7 from element 4B reflected at 352, fig. 5B; same optical paths for element 4A: paragraph [0068]) pass through the optical action layer; and a wavelength conversion member configured to receive the first emission light reflected by the optical action layer of the optical member, to convert a wavelength of the first emission light, and to emit a wavelength-converted light (fig. 5B) having a converted wavelength, wherein the optical action layer of the optical member is configured to transmit the wavelength-converted light (7a, fig. 5B), and the optical member is arranged so that the wavelength-converted light and the second emission light are emitted from an upward-facing surface of the optical action layer (fig. 5B).
Regarding claim 2, Motobayashi teaches the light-emitting device according to claim 1, wherein the optical member further includes a light extraction surface, and the wavelength-converted light (7a) and the second emission light (7b) are emitted from the light extraction surface (fig. 5B).
Regarding claim 3, Motobayashi teaches the light-emitting device according to claim 2, wherein the first light-emitting element and the second light-emitting element are arranged such that the first light-emitting surface and the second light-emitting surface face each other with the optical member being interposed therebetween (fig. 5B), the optical member has a first surface (bottom surface), a second surface (top surface) on an opposite side to the first surface, a third surface (vertical surface), and a fourth surface (vertical surface) on an opposite side to the third surface, the wavelength conversion member is disposed under the first surface, the first light-emitting surface of the first light-emitting element faces the third surface, and the first emission light is incident on the third surface, the second light-emitting surface of the second light-emitting element faces the fourth surface, and the second emission light is incident on the fourth surface, the second surface is the light extraction surface, and the optical action layer extends obliquely with respect to the first surface and the third surface inside the optical member (fig. 5B).
Regarding claim 4, Motobayashi teaches the light-emitting device according to claim 1, wherein the optical action layer of the optical member is configured to reflect light in a wavelength range of blue light (7/7b, fig. 5B, paragraph [0044]) and to transmit light in a wavelength range longer than (red, yellow, or green, paragraphs [0046][0052]) the wavelength range of the blue light.
Regarding claim 5, Motobayashi teaches the light-emitting device according to claim 4, wherein the optical action layer of the optical member is configured to reflect at least light in a wavelength range from 430 nm to 480 nm (paragraph [0044]) and to transmit at least light in a wavelength range equal to or greater than 500 nm (red, yellow, or green, paragraphs [0046][0052]).
Regarding claim 8, Motobayashi teaches the light-emitting device according to claim 1, wherein the first emission color and the second emission color are the same color (paragraph [0070]).
Regarding claim 9, Motobayashi teaches the light-emitting device according to claim 2, wherein the first emission color and the second emission color are blue (paragraphs [0070][0044]), and white light i(paragraph [0041]) s emitted from the light extraction surface of the optical member.
Regarding claim 10, Motobayashi teaches the light-emitting device according to claim 1, wherein a difference between a main emission peak wavelength of the first light-emitting element and a main emission peak wavelength of the second light-emitting element is equal to or less than 20 nm (elements 4A and 4B are same lasers as laser 4: paragraph [0070]).
Regarding claim 12, Motobayashi teaches the light-emitting device according to claim 1, wherein each of the first light-emitting element and the second light-emitting element is a semiconductor laser element (paragraphs [0070][0044]).
Regarding claim 14, Motobayashi teaches the light-emitting device according to claim 1, further comprising a package (fig. 5A, paragraph [0022]) configured to house at least the first light-emitting element, the optical member, and the second light-emitting element.
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Motobayashi et al (WO 2021/131946 A1), English translation is found in US PG Pub 2023/0014812 A1.
Regarding claim 13, Motobayashi remains as applied in claim 1.
Figs 5 of Motobayashi do not teach a driver configured to independently drive the first light-emitting element and the second light-emitting element for light emission.
Fig. 13 of Motobayashi teaches a driver (82) configured to independently drive a light-emitting element (4) for light emission, for the benefit of stabilizing white light being emitted (paragraph [0110]).
Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to include a driver configured to independently drive the first light-emitting element and the second light-emitting element for light emission for the benefit of stabilizing white light being emitted.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Motobayashi et al (WO 2021/131946 A1), English translation is found in US PG Pub 2023/0014812 A1 as applied to claim 3 above, and further in view of Shimizu et al (PG Pub 2013/0329397 A1).
Regarding claim 6, Motobayashi remains as applied in claim 3.
Motobayashi does not teach a reflection-transmission film arranged on the fourth surface of the optical member, and configured to transmit the second emission light and to reflect the wavelength-converted light having passed through the optical action layer.
In the same field of endeavor, Shimizu teaches a reflection-transmission film (14, fig. 4) arranged on the fourth surface of the optical member, and configured to transmit the second emission light (from laser 11, paragraph [0055]) and to reflect the wavelength-converted light (fluorescence light, paragraph [0055]) having passed through the optical action layer, for the benefit of increasing fluorescence light efficiency (paragraph [0055]).
Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to include a reflection-transmission film arranged on the fourth surface of the optical member, and configured to transmit the second emission light and to reflect the wavelength-converted light having passed through the optical action layer, for the benefit of increasing wavelength-converted light efficiency.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Motobayashi et al (WO 2021/131946 A1), English translation is found in US PG Pub 2023/0014812 A1 as applied to claim 3 above, and further in view of Duong et al (PG Pub 2007/0152230 A1).
Regarding claim 7, Motobayashi remains as applied in claim 3.
Motobayashi further teaches the optical member includes a fifth surface (one of the two vertical surfaces not shown in fig. 5B, of the rectangular prism formed by cubic elements with surfaces 351 and 352, paragraph [0072]) intersecting the first surface, the second surface, the third surface, and the fourth surface, and a sixth surface (the other of the vertical surfaces not shown) intersecting the first surface, the second surface, the third surface and the fourth surface, and facing the fifth surface
Motobayashi does not teach a first or second reflective film configured to reflect the first emission light, the second emission light, and the wavelength-converted light.
In the same field of endeavor, Duong teaches a first reflective film (metal left reflective film 550, fig. 10) and a second reflective film (right reflective film 550) configured to reflect light, for the benefit of increasing light extraction by reflecting light to the exit surface (paragraph [0112]).
Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to include a first reflective film configured to reflect light, including the first emission light, the second emission light, and the wavelength-converted light; and a second reflective film configured to reflect light, including the first emission light, the second emission light, and the wavelength-converted light, the first reflective film was arranged on the fifth surface, and the second reflective film was arranged on the sixth surface, for the benefit of increasing light extraction by reflecting light to the exit surface.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Motobayashi et al (WO 2021/131946 A1), English translation is found in US PG Pub 2023/0014812 A1 as applied to claim 3 above, and further in view of Hashiya et al (PG Pub 2016/0327717 A1).
Regarding claim 11, Motobayashi remains as applied in claim 3.
Motobayashi does not teach the second surface of the optical member includes a rough-surface region.
In the same field of endeavor, Hashiya teaches the second surface (top surface 35, fig. 62A to 62C) of the optical member (32) includes a rough-surface region, and emission light is configured to pass through the rough-surface region of the second surface, for the benefit of controlling light direction (paragraph [[0345]).
Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the second surface of the optical member to include a rough-surface region, and the second emission light (7b, fig. 5B of Motobayashi) was configured to pass through the rough-surface region of the second surface, for the benefit of controlling light direction.
Allowable Subject Matter
Claims 15 is 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.
The following is a statement of reasons for the indication of allowable subject matter: Prior art does not teach
“an upper end of the optical action layer does not intersect with the second surface of the optical member, and intersects with the third surface below an upper end of the third surface of the optical member” (claim 15).
Conclusion
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/FEIFEI YEUNG LOPEZ/Primary Examiner, Art Unit 2899