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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The disclosure is objected to because of the following informalities: paragraphs are not numbered. Paragraphs in the specification must be numbered as set forth in 37 CFR 1.52(b)(6).
Appropriate correction is required.
Election/Restrictions
Claims 2-4, 8-9, and 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9 March 2026.
Applicant has stated that claims 2, 4, 8-9, 13-14, and 17 read on the elected species, however, the claims contain language which differentiate them from the elected species 2 for at least the following reasons:
With regards to claims 2, 4, 13-14, and 17, the claims feature the limitation “an inclined plane” in the separation zone, whereas the elected species 2 as depicted in FIG. 5A-5C features only a vertical plane.
With regards to claims 8-9, the claims feature the limitation the separation distance has “a [minimum/maximum] value at an [uppermost/lowermost] end of the separation zone”, whereas the elected species 2 as depicted in FIG. 5A-5C has no variable width zone, therefore its separation distance does not have maxima or minima at either end of the separation zone.
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 1, 6 and 7 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.
Claim 1 recites “…at least two light emitting modules…”, however, the claim later recites “…at least one side surface of one of the two adjacent light emitting modules…”. There is insufficient antecedent basis for this claim. For the purpose of examination, the examiner will interpret the limitation as “at least one side surface of [[one]] a first light emitting module of the at least two adjacent light emitting modules…”
Claim 1 further recites “…the other light emitting module…”. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the examiner will interpret the limitation as “…a second light emitting module of the at least two adjacent light emitting modules…”
Claim 6 recites the limitation "…the side surface of the light emitting module…”. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the examiner will interpret the limitation as "…the at least one side surface of the first light emitting module…”
Claim 7 recites the limitation "…a separation zone extends from an uppermost end of the side surface of the light emitting module…”. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the examiner will interpret the limitation as "…[[a]] the separation zone extends from an uppermost end of the at least one side surface of the first light emitting module…”
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.
Claims 1, 6, 7, and 12 are rejected under 35 U.S.C. 102 (a)(1) and 102 (a)(2) as being anticipated by Shin et al. (US 20210183837 A1, hereinafter Shin).
Regarding independent claim 1, Shin discloses in Shin FIG. 6 and associated text a light emitting apparatus comprising: at least two light emitting modules disposed adjacent each other (display modules 30A and 30E), wherein each of the light emitting modules comprises a substrate (substrate 40A/40E), at least one light emitting device disposed on an upper surface of the substrate (inorganic light emitting diodes 50), and a molding layer covering at least part of the light emitting device (first/second moldings 100A/100E); and at least one side surface of a first light emitting module of the at least two adjacent light emitting modules is spaced apart from an opposite side surface of a second light emitting module to form a separation zone therebetween in at least some regions thereof (the separation between first region 101A of first molding 100A and first region 101E of second molding 100E is defined by opposite side surfaces of display modules 30A and 30E).
Regarding dependent claim 6, Shin further discloses in Shin FIG. 6 and associated text a vertical plane is formed on the at least one side surface of the first light emitting module in the separation zone (the sidewall of display module 30A which defines one sidewall of the separation zone as described above is planar as shown).
Regarding dependent claim 7, Shin further discloses in Shin FIG. 6 and associated text the separation zone extends from an uppermost end of the at least one side surface of the first light emitting module to a lowermost end thereof (the separation zone as described above extends along the entire height of light emitting modules 30A/30E as shown).
Regarding dependent claim 12, Shin further discloses in Shin FIG. 6 and associated text a light control layer disposed on the molding layer (light transmittance control layer 220 disposed on first/second moldings 100A/100E).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shin, and further in view of Foust et al. (US 20080116815 A1, hereinafter Foust).
Regarding dependent claim 11, Shin discloses the light emitting apparatus according to claim 1. Shin does not explicitly disclose a separation distance between the adjacent light emitting modules in the separation zone has a value in the range of 1 micrometer to 100 micrometers.
However, in the same field of endeavor, Foust discloses a separation distance between the adjacent light emitting modules in the separation zone has a value in the range of 1 micrometer to 100 micrometers (the first organic light emitting module is directly adjacent to the second organic light emitting module and separated therefrom by a distance of less than 50 microns (Foust [0008])).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the light emitting apparatus of Shin with the separation distance of Foust to provide a light emitting apparatus having minimal non-light emitting areas (Foust [0049]).
Conclusion
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
CN 101749576 A, pertaining to an illumination apparatus comprising spaced-apart light-emitting modules.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVERETT TRAJAN RIRIE whose telephone number is (571) 272-9559. The examiner can normally be reached Mon - Thu 8:30 am - 6:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chad Dicke can be reached at (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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/EVERETT T RIRIE/Examiner, Art Unit 2897
/CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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