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 .
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.
Response to Amendment
Applicant's amendment to the claims, filed on July 6th, 2026, is acknowledged. Entry of amendment is accepted and made of record.
Response to Arguments/Remarks
Applicant's response filed on July 6th, 2026 is acknowledged and isanswered as follows.
Applicant's arguments, see pgs. 5-7, with respect to the rejections of claims 1-4 and 6-7 under 35 U.S.C 103(a) have been considered but are moot in view of the new ground(s) of rejection.
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 1-4 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YANG et al. (Pub. No.: US 2014/0203728 A1), hereinafter as YANG.
Regarding claim 1, YANG discloses a semiconductor light emitting device in Fig. 5 comprising: a semiconductor light emitting element (light emitting device 120) (see [0034] and [0065]); a sealing member (combination of fluorescent material 150 and main body portion 142) that seals the semiconductor light emitting element (see [0042], [0050] and [0066]); and an overcoat layer (silicon oxide layer 144) that covers the sealing member, wherein the sealing member includes a sealing resin (main body portion 142 of encapsulant 140 has same material as main body portion 132 of reflector 130 includes silicone resin) and has a first upper surface (upper surface of main body portion 142) on an opposite side to the semiconductor light emitting element (see [0040] and [0050]), wherein the overcoat layer is formed consists of an inorganic material and is in direct contact with the first upper surface of the sealing member, wherein the inorganic material is SiO2 (silicon oxide layer 144 has same material as silicon oxide layer 134 include silica) (see [0041] and [0086-0087]).
Regarding claim 2, YANG discloses the semiconductor light emitting device of claim 1, wherein a thickness of the overcoat layer (thickness of main body portion 142) on the sealing member is constant (see Fig. 5).
Regarding claim 3, YANG discloses the semiconductor light emitting device of claim 1, wherein a minimum thickness of the overcoat layer on the sealing member is 1 um or more, and a maximum thickness of the overcoat layer on the sealing member is 100 um or less (see [0088]).
Regarding claim 4, YANG discloses the semiconductor light emitting device of claim 1, further comprising: a reflective case (reflector 130), wherein the semiconductor light emitting element is accommodated in the reflective case, and wherein the overcoat layer is in direct contact with the reflective case (see Fig. 5 and [0066-0067]).
Regarding claim 7, YANG discloses the semiconductor light emitting device of claim 1, wherein the sealing member includes a wavelength conversion member (fluorescent material 150 includes YAG-based particles) dispersed in the sealing resin, wherein the wavelength conversion member converts a wavelength of light emitted from the semiconductor light emitting element (YAG-based particles converts light emitted from LED 120), and wherein the wavelength conversion member is provided at the sealing member and is not provided at the overcoat layer (fluorescent material 150 only in main body portion 142) (see Fig. 5 and [0051-0055]).
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).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CUONG B NGUYEN whose telephone number is (571)270-1509 (Email: CuongB.Nguyen@uspto.gov). The examiner can normally be reached Monday-Friday, 8:30 AM-5:00 PM Eastern Standard Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven H. Loke can be reached on (571) 272-1657. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CUONG B NGUYEN/Primary Examiner, Art Unit 2818
