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 .
Response to Arguments
Applicant's arguments filed 02 June 2026 have been fully considered but they are not persuasive. The amended claim 1 contains a circular reference to the manufacturing method of an optical member, which renders the relationship between the optical member and the added light-emitting device is unclear. This issue is described in the 112b rejection below. Furthermore, using an interpretation of the amended claim, a rejection under 35 USC § 103 is found using Okane in view of Tanaka and Musashi.
Furthermore, the applicant argues that the previous prior art does not teach the added limitation to independent claims 12 and 17 of the optical member intermediate comprising of resin. Upon further search and considerations, the examiner finds Okane to teach this said limitation.
In summary, this application is not placed in a condition for an allowance.
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 1-10 and 21 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, and its dependent claims 2-10 and 21, recite a manufacturing method of a light-emitting device, the manufacturing method comprising: manufacturing an optical member by a manufacturing method of an optical member. The “an optical member” is recited twice in this limitation. It is not clear whether if the first optical member is derived by manufacturing a second optical member and whether the light emitting device is obtained by manufacturing these two said optical members, or whether the first and second optical members are the same and the a light emitting device is manufactured by manufacturing that singular optical member. For the purpose of compact prosecution, the examiner will use the latter interpretation for finding prior art.
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.
Claims 1-5, 8-10, 12, 15-16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Okane (JP 2007206622 A; see NPL for English translation) in view of Tanaka (US 2005/0179130 A1) and Musashi (US 2019/0259926 A1).
Regarding claim 1, Okane teaches a manufacturing method of an optical member (¶ [0013]; see also 112b rejection above ) including:
preparing an optical member intermediate (11) having light transmissivity (¶ [0001], [0012]), the optical member intermediate including an upper surface (upper surface of 11; ¶ [0014] ) including a peripheral portion (73; see Fig. 7) and a plurality of recessed portions (72) each surrounded by the peripheral portion and recessed from the peripheral portion (73 is a protrusion, see ¶ [0064]; hence 72 is a recess ), the peripheral portion including a plurality of first regions (six of the F; see Examiner Fig. 1) and a plurality of second regions (six of the S) each sandwiched between adjacent ones of the first regions, each of the first regions being defined by a circle (C) surrounded by three or more of the recessed portions (for example, C is surrounded by 71A, 71E, 71F) and passing through a point (Pa or Pe or Pf) on an outer edge (Pa is on the outer edge of 71A; Pf is on the edge of 71F; Pe is on the edge of 71E) of each of the three or more of the recess portions in a top view (Fig. 7 is top view of Fig. 1).
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Examiner Fig. 1. Taken from Okane Fig. 7
Okane further teaches the optical member intermediate to be made of silicon (¶ [0062] ). However, Okane does not teach the method further comprising of irradiating the upper surface of the optical member intermediate with plasma under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate.
Tanaka, in the same field of invention, teaches a manufacturing method of an optical member (10; ¶ [0034], [0104]: 10 is a light-transmissive substrate made of silicon), the manufacturing method comprising of irradiating (¶ [0100]: reactive ion etching) the upper surface of the optical member intermediate with plasma (ion) under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 (see ¶ [0100]) to make a height of a center of each of the first regions to be higher than a height (height of artifacts in Fig. 4A) of each of the second regions as measured from a lower surface (base of Fig. 4A) of the optical member intermediate (Figs. 4A & 5A and ¶ [0046], ¶ [0113]: the inclination of θ2 is smaller than θ1; hence the tip of 23, with 23 being analogous to the first region of Okane, is higher than the height of each second region, which is the slope 22; alternatively, see also Fig. 15 and ¶ [0116]: the inclination of θ2 is smaller than θ1).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Tanaka into the method of Okane to irradiate the upper surface of the optical member intermediate with plasma with either an oxygen radical, CF4, CHF3, or SF6 to make the height of a center of each of the first regions to be higher than a heigh of the second regions as measured from a lower surface of the optical member intermediate. The ordinary artisan would have been motivated to modify Okane in the manner set forth above for at least the purpose of making manufacturing easier and smoothing and reducing pits in crystalline structure of the transmissive layer (Tanaka ¶ [0114]) and/or suppressing the occurrence of abnormal crystal growth (Tanaka ¶ [0116]), which results in improved yield and high output power (Tanaka ¶ [0008], [0041], [0116], [0186]), with the ordinary skilled artisan noting that both Okane and Tanaka teaches the use of light-transmissive silicon materials to form the optical member intermediate.
Okane further teaches using the optical member in various optical and imaging devices (¶ [0124] ). However, Okane et al. do not teach: a manufacturing method of a light-emitting device, the manufacturing method comprising bonding the optical member and a light-emitting element together.
Musashi, in the same field of invention, teaches a manufacturing method of a light-emitting device (100A; Fig. 7 ) comprising: bonding the optical member (120A & 130A & 140A ) and a light-emitting element (110A ) together.
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Musashi into the method of Okane et al. to bond the optical member to a light-emitting element. The ordinary artisan would have been motivated to modify Okane et al. in the manner set forth above for at least the purpose of creating a light-emitting device (Musashi ¶ [0003]) that requires using the optical member as a waveguide in order to diffuse incident light properly (¶ [0077] ), by adding wavelength conversion members (¶ [0080]: 140 is made of phosphor), in order to change the color of the light emitted.
Regarding claim 2, the manufacturing method of a light-emitting device according to claim 1, wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions has a circular shape in the top view (Okane Fig. 7 shows 72 as a circle; see also ¶ [0064] ).
Regarding claim 3, Okane et al. teaches the manufacturing method of a light-emitting device according to claim 1, but does not teach: wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions has a quadrangular shape in the top view.
Okane, in a different embodiment (see Fig. 3A), teaches: wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions has a quadrangular shape (see square grid pattern in Okane Fig. 3) in the top view.
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of another embodiment of Okane into the method of Okane et al. to modify the arrangement of the recessed portions to be in a quadrangular shape. The ordinary artisan would have been motivated to modify Okane et al. in the manner set forth above for at least the purpose of using various grid patterns for the same purpose of manufacturing an optical member of a light-emitting device (Okane ¶ [0046] ).
Regarding claim 4, the manufacturing method of a light-emitting device according to claim 1, wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that the center of each of the recessed portions is disposed at a respective one of lattice points of a triangular lattice (see Examiner Fig. 1 in claim 1 rejection above) in the top view (Examiner Fig. 1 shows one recessed portion 71A, which is an instantiation of recess 72, being surrounded by six recessed portions, i.e.,. six other 72s; this is aligns with the definition of triangular lattice in ¶ [0031] of the instant application).
Regarding claim 5, Okane et al. teaches the manufacturing method of a light-emitting device according to claim 1, but does not teach: wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that the center of each of the recessed portions is disposed at a respective one of lattice points of a quadrangular lattice in the top view.
Okane, through a different embodiment (Fig. 3A), teaches a method wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that the center of each of the recessed portions is disposed at a respective one of lattice points (see dots) of a quadrangular lattice (see square grid pattern in Okane Fig. 3A) in the top view.
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of another embodiment of Okane into the method of Okane et al. to modify the arrangement of the recessed portions such that the center of each of the recessed portions is disposed at a respective one of lattice points of a quadrangular lattice. The ordinary artisan would have been motivated to modify Okane et al. in the manner set forth above for at least the purpose of using various grid patterns for the same purpose of manufacturing an optical member of a light-emitting device (Okane ¶ [0046] ).
Regarding claim 8, the manufacturing method of an optical member according to claim 1, wherein
an opening diameter of each of the recessed portion is increased (Tanaka Figs. 4A & 5A and ¶ [0046], [0113]: the inclination of θ2 is smaller than θ1; hence the tip of 23, with 23 being analogous to the first region of Okane, is higher than the height of each second region, which is the slope 22; alternatively, see also Fig. 15 and ¶ [0116]: the inclination of θ2 is smaller than θ1) ) by the irradiating of the upper surface of the optical member intermediate with the plasma (Tanaka ¶ [0100]: reactive ion etching).
Regarding claim 9, the manufacturing method of an optical member according to claim 2, wherein
each of the recessed portion has a circular shape (see Tanaka Figs. 4A, 12, 15, 16A, 19A) in the top view after the irradiating of the upper surface of the optical member intermediate with the plasma.
Regarding claim 10, the manufacturing method of an optical member according to claim 2, wherein
each of the recessed portion has a polygonal shape (triangular, see Tanaka Fig. 13; alternatively, hexagonal, see Fig. 11 and ¶ [0111]) in the top view after the irradiating of the upper surface of the optical member intermediate with the plasma.
Regarding claim 12, Okane teaches a manufacturing method of an optical member (11; see ¶ [0013] of English translation), the optical member including
an upper surface (upper surface of 11) and a plurality of recessed portions (72; see Fig. 7) formed in the upper surface and spaced apart from each other, the upper surface including a plurality of first regions (six of the F; see Examiner Fig. 1 in claim 1 rejection above) and a plurality of second regions (six of the S) each sandwiched between adjacent ones of the first regions, each of the first regions being defined by a circle (C) surrounded by three or more of the recessed portions (for example, C is surrounded by 71A, 71E, 71F) and passing through a point (Pa or Pe or Pf) on an outer edge (Pa is on the outer edge of 71A; Pf is on the edge of 71F; Pe is on the edge of 71E) of each of the three or more of the recess portions in a top view (Fig. 7 is top view of Fig. 1), the optical member intermediate containing resin (¶ [0082]-[0083], [0100], [0107], [0114], [0117] ).
Okane further teaches the optical member intermediate to be made of light-transitive material such as silicon (¶ [0062], ¶ [0001], [0012] ). However, Okane does not teach a manufacturing the optical member further comprising of irradiating the upper surface of the optical member intermediate with plasma under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate.
Tanaka, in the same field of invention, teaches a manufacturing method of the optical member (10; ¶ [0034], [0104]: 10 is a light-transmissive substrate made of silicon) comprising:
irradiating (¶ [0100]: reactive ion etching) the upper surface of the optical member intermediate with plasma (ion) under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 (see ¶ [0100]) to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate (Figs. 4A & 5A and ¶ [0046], [0113]: the inclination of θ2 is smaller than θ1; hence the tip of 23, with 23 being analogous to the first region of Okane, is higher than the height of each second region, which is the slope 22; alternatively, see also Fig. 15 and ¶ [0116]: the inclination of θ2 is smaller than θ1).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Tanaka into the method of Okane to irradiate the upper surface of the optical member intermediate with plasma with either an oxygen radical, CF4, CHF3, or SF6 to make the height of a center of each of the first regions to be higher than a heigh of the second regions as measured from a lower surface of the optical member intermediate. The ordinary artisan would have been motivated to modify Okane in the manner set forth above for at least the purpose of making manufacturing easier and smoothing and reducing pits in crystalline structure of the transmissive layer (Tanaka ¶ [0114]) and/or suppressing the occurrence of abnormal crystal growth (Tanaka ¶ [0116]), which results in improved yield and high output power (Tanaka ¶ [0008], [0041], [0116], [0186]), with the ordinary skilled artisan noting that both Okane and Tanaka teaches the use of light-transmissive silicon materials to form the optical member intermediate.
Okane further teaches using the optical member in various optical and imaging devices (¶ [0124] ). However, Okane et al. do not teach a manufacturing method of a light-emitting device, the manufacturing method comprising: preparing a light-emitting device intermediate including a light-emitting element and the optical member.
Musashi, in the same field of invention, teaches a manufacturing method of a light-emitting device (100A; Fig. 7 ), the manufacturing method comprising:
preparing a light-emitting device intermediate (120A & 130A & 140A & 110A ) including
a light-emitting element (110A) and
the optical member intermediate (140; note: 140 have recesses 140d).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Musashi into the method of Okane et al. to bond the optical member intermediate to a light-emitting element to form a light-emitting device intermediate of a light-emitting device. The ordinary artisan would have been motivated to modify Okane et al. in the manner set forth above for at least the purpose of creating a light-emitting device (Musashi ¶ [0003]) that requires using the optical member as a waveguide in order to diffuse incident light properly (¶ [0077]), such as adding wavelength conversion members (¶ [0080]: phosphor) in order to change the color of the light emitted.
Regarding claim 15, the manufacturing method of a light-emitting device according to claim 12, wherein the optical member intermediate (specifically, layer 140) contains a wavelength conversion member (¶ [0080]: phosphor).
Regarding claim 16, the manufacturing method of a light-emitting device according to claim 12, wherein an opening diameter of each of the recessed portion is increased by the irradiating of the upper surface of the optical member intermediate with the plasma (Tanaka Figs. 4A & 5A and ¶ [0046], [0113]: the inclination of θ2 is smaller than θ1; hence the tip of 23, with 23 being analogous to the first region of Okane, is higher than the height of each second region, which is the slope 22; alternatively, see also Fig. 15 and ¶ [0116]: the inclination of θ2 is smaller than θ1) .
Regarding claim 21, the method of manufacturing a light-emitting device according to claim 1, wherein the optical member intermediate (specifically, layer 140) contains a wavelength conversion member (¶ [0080]: phosphor).
Claims 6-7 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Okane (JP 2007206622 A; see NPL for English translation) in view of Tanaka (US 2005/0179130 A1) and Musashi (US 2019/0259926 A1) as applied to claims 1 and/or 12 above, and further in view of Wang (US 2022/0278165 A1).
Regarding claim 6, Okane et al. teach the manufacturing method of an optical member according to claim 1 and further teach wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions have an opening diameter (see ¶ [0062], [0064] ). However, Okane et al do not teach the opening diameter of each of the recessed portions is in a range from 0.2 µm to 50 µm in the top view.
Wang, in the same field of invention, teaches a method wherein an opening diameter (diameter of 106, see Fig. 1b) of each of the recessed portions is in a range from 0.2 µm to 50 µm in the top view (¶ [0029]).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Wang into the method of Okane et al. to make the diameter of the opening of each of the recessed portion be in a range of 0.2 µm to 50 µm when seeing the device in the top view. The ordinary artisan would have been motivated to modify Okane et al. in the manner set forth above for at least the purpose of optimizing the range of the diameter of the opening of each recess to suite the dimensional requirements of the over-all device (Wang ¶ [0029]). See also MPEP § 2144.05 (I).
Regarding claim 7, the manufacturing method of an optical member according to claim 6, wherein
the preparing of the optical member intermediate includes preparing the optical member intermediate so that a distance between adjacent ones of the recessed portions is in a range from 101% to 150% of the opening diameter of each of the recessed portions (Okane Fig. 7 shows the distance between the centers of each adjacent 71 is 101% to 150% larger than the opening of the diameter of each 71, due to the second portions S).
Regarding claim 13, Okane et al. teach the manufacturing method of a light-emitting device according to claim 12 and further teach wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions have an opening diameter (see ¶ [0062], [0064] ). However, Okane et al. do not teach: an opening diameter of each of the recessed portions is in a range from 0.2 µm to 50 µm in the top view.
Wang, in the same field of invention, teaches a method wherein the opening diameter (diameter of 106, see Fig. 1b) of each of the recessed portions is in a range from 0.2 µm to 50 µm in the top view (¶ [0029]).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Wang into the method of Okane et al. to make the diameter of the opening of each of the recessed portion be in a range of 0.2 µm to 50 µm when seeing the device in the top view. The ordinary artisan would have been motivated to modify Okane et al. in the manner set forth above for at least the purpose of optimizing the range of the diameter of the opening of each recess to suite the dimensional requirements of the over-all device (Wang ¶ [0029]). See also MPEP § 2144.05 (I).
Regarding claim 14, the manufacturing method of a light-emitting device according to claim 13, wherein
the preparing of the optical member intermediate includes preparing the optical member intermediate so that a distance between adjacent ones of the recessed portions is in a range from 101% to 150% of the opening diameter of each of the recessed portions (Okane Fig. 7 shows the distance between the centers of each adjacent 71 is 101% to 150% larger than the opening of the diameter of each 71, due to the second portions S).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Okane (JP 2007206622 A; see NPL for English translation) in view of Tanaka (US 2005/0179130 A1)
Regarding claim 17, Okane teaches a manufacturing method of an optical member (11; see ¶ [0013] of English translation), the manufacturing method comprising:
preparing an optical member intermediate having light transmissivity (¶ [0001], [0012]), the optical member intermediate including an upper surface (upper surface of 11) including a peripheral portion (73; see Fig. 7) and a plurality of recessed portions (72) each surrounded by the peripheral portion and recessed from the peripheral portion (73 is a protrusion, see ¶ [0064]; hence 72 is a recess ), the peripheral portion including a plurality of first regions (six of the F; see Examiner Fig. 1 in claim 1 rejection above) and a plurality of second regions (six of the S) each sandwiched between adjacent ones of the first regions, each of the first regions being defined by a circle (C) surrounded by three or more of the recessed portions (for example, C is surrounded by 71A, 71E, 71F) and passing through a point (Pa or Pe or Pf) on an outer edge (Pa is on the outer edge of 71A; Pf is on the edge of 71F; Pe is on the edge of 71E) of each of the three or more of the recess portions in a top view (Fig. 7 is top view of Fig. 1), the optical member intermediate containing resin (¶ [0082]-[0083], [0100], [0107], [0114], [0117]).
Okane further teaches the optical member intermediate to be made of silicon (¶ [0062] ). However, Okane does not teach the method to include irradiating the upper surface of the optical member intermediate with plasma under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate.
Tanaka, in the same field of invention, teaches a manufacturing method of an optical member (10; ¶ [0034], [0104]: 10 is a light-transmissive substrate made of silicon), the manufacturing method comprising of irradiating (¶ [0100]: reactive ion etching) the upper surface of the optical member intermediate with plasma (ion) under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 (see ¶ [0100]) to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate (Figs. 4A & 5A and ¶ [0046], ¶ [0113]: the inclination of θ2 is smaller than θ1; hence the tip of 23, with 23 being analogous to the first region of Okane, is higher than the height of each second region, which is the slope 22; alternatively, see also Fig. 15 and ¶ [0116]: the inclination of θ2 is smaller than θ1).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Tanaka into the method of Okane to irradiate the upper surface of the optical member intermediate with plasma with either an oxygen radical, CF4, CHF3, or SF6 to make the height of a center of each of the first regions to be higher than a heigh of the second regions as measured from a lower surface of the optical member intermediate. The ordinary artisan would have been motivated to modify Okane in the manner set forth above for at least the purpose of making manufacturing easier and smoothing and reducing pits in crystalline structure of the transmissive layer (Tanaka ¶ [0114]) and/or suppressing the occurrence of abnormal crystal growth (Tanaka ¶ [0116]), which results in improved yield and high output power (Tanaka ¶ [0008], [0041], [0116], [0186]), with the ordinary skilled artisan noting that both Okane and Tanaka teaches the use of light-transmissive silicon materials to form the optical member intermediate.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Okane (JP 2007206622 A; see NPL for English translation) in view of Tanaka (US 2005/0179130 A1) as applied to claim 17 above, and further in view of Wang (US 2022/0278165 A1)
Regarding claim 18, Okane et al. teach the manufacturing method of an optical member according to claim 17 and further teach wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions have an opening diameter (see ¶ [0062], [0064]). However, Okane et al. do not teach an opening diameter of each of the recessed portions is in a range from 0.2 µm to 50 µm in the top view.
Wang, in the same field of invention, teaches a method wherein an opening diameter (diameter of 106, see Fig. 1b) of each of the recessed portions is in a range from 0.2 µm to 50 µm in the top view (¶ [0029]).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Wang into the method of Okane et al. to make the diameter of the opening of each of the recessed portion be in a range of 0.2 µm to 50 µm when seeing the device in the top view. The ordinary artisan would have been motivated to modify Okane et al. in the manner set forth above for at least the purpose of optimizing the range of the diameter of the opening of each recess to suite the dimensional requirements of the over-all device (Wang ¶ [0029]). See also MPEP § 2144.05 (I).
Regarding claim 19, the manufacturing method of an optical member according to claim 18, wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that a distance between adjacent ones of the recessed portions is in a range from 101% to 150% of the opening diameter of each of the recessed portions (Okane Fig. 7 shows the distance between the centers of each adjacent 71 is 101% to 150% larger than the opening of the diameter of each 71, due to the second portions S).
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Okane (JP 2007206622 A; see NPL for English translation) in view of Tanaka (US 2005/0179130 A1) as applied to claim 17 above, and further in view Musashi (US 2019/0259926 A1).
Regarding claim 20, Okane et al. teach the manufacturing method of an optical member according to claim 17, but do not teach: wherein the optical member intermediate contains a wavelength conversion member.
Musashi, in the same field of invention, teaches a method of manufacturing an optical device, wherein the optical member intermediate (140X) contains a wavelength conversion member (¶ [0080]: phosphor).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Musashi into the method of Okane et al. to add a wavelength conversion member to the optical member intermediate. The ordinary artisan would have been motivated to modify Okane et al. in the manner set forth above for at least the purpose of using the optical member intermediate in a light-emitting device, wherein the wavelength conversion member is used to convert the light emitted from one color, such as blue light, to another color, such as green light (Musashi ¶ [0080] ).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YAP whose telephone number is (703)756-1946. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM ET.
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/DOUGLAS YAP/Assistant Examiner, Art Unit 2899
/ZANDRA V SMITH/Supervisory Patent Examiner, Art Unit 2899
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