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
Title
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. (see MPEP § 606.01).
This may result in slightly longer titles, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc.
The following title is suggested:
“Light emitting structure with an Interfacial Light Transmitting Unit”
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.
Claims 5-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 5, the claim recites the limitation “the light emitting unit” in line(s) 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the limitation is interpreted as “the light emitting diode”. Thus, the examiner recommends amending the limitation to “the light emitting [[unit]] diode”.
Regarding claim 6, because of the dependency on claim 5, the claim is also rejected for the reasons set forth above with respect to claim 5.
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 7-8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Hashimoto (US 20170294563).
Regarding claim 1. Fig 1B of Hashimoto discloses A light emitting structure, comprising:
a carrying unit 101;
a light emitting diode 30, disposed on the carrying unit, and comprising a light emitting surface (top surface), wherein a peak emission wavelength of the light emitting diode is greater than or equal to 570 nm and less than or equal to 750 nm ([0046]: ‘InAlGaP’ semiconductor. In fact, InAlGaP based light-emitting device is primarily used to produce high-brightness light in the yellow-green to red spectrum. Thus, Hashimoto’s light emitting device inherently discloses the claimed peak emission wavelength range);
a light transmitting unit 40/50 [0060], directly contacting the light emitting diode (Fig 1B), and comprising a first surface (bottom surface) and a second surface (top surface) opposite to each other,
wherein a refractive index of the light transmitting unit is greater than or equal to 1.3 (both 40/50 are silicon-based resin and thus inherently has the claimed range of refractive index. In particular, [0060]: 40 is made of dimethyl silicone resin with inherent refractive index of approximately 1.411, and 50 is made of phenyl-methyl silicon resin with inherent refractive index of approximately 1.512).
a thickness of the light transmitting unit is between 0.05 mm and 1.0 mm ([0060]: the depth of 50 = 0.16 mm, the depth of 40 is 0.005 mm, thus 0.165 mm)
an area of the light transmitting unit covering the light emitting diode is greater than or equal to 0.8 times and less than or equal to 1.2 times an area of the light emitting surface ([0059]: the width of 30 is 1.1 mm, [0060]: the width of 50 is 1.21 mm, which means 1.1 times),
wherein the first surface covers at least a part of the light emitting surface (Fig 1B), and the second surface directly contacts a gas (Fig 1B: the top surface of 50 is exposed to air, which means ‘directly contacts’ a mixture of gases, primarily nitrogen (about 78%) and oxygen (about 21%)).
Regarding claim 2. Hashimoto discloses The light emitting structure according to claim 1, further comprising:
a reflection unit 701, disposed on the carrying unit, and surrounding a periphery of the light emitting diode (Fig 1B).
Regarding claim 3. Hashimoto discloses The light emitting structure according to claim 2, wherein the reflection unit comprises a white colloid 77 ([0055]: e.g. titanium oxide) surrounding the periphery of the light transmitting unit (Fig 1B).
Regarding claim 4. Hashimoto discloses The light emitting structure according to claim 1, wherein the second surface of the light transmitting unit is a plane (Fig 1B) or a curved surface defined by a surface tension.
Regarding claim 7. Hashimoto discloses The light emitting structure according to claim 1, wherein the gas comprises an inert gas and an atmosphere (Because the "atmosphere gas" of Hashimoto is the same substance as the "gas" of the claim, it must inherently possess the same constituent parts. It is a well-known scientific fact that "atmosphere gas" (air) is a mixture that necessarily and inevitably comprises inert gases and dominant part of atmosphere (nitrogen and oxygen). Specifically, Earth's atmospheric gas consists of approximately 0.93% Argon, as well as trace amounts of other noble gases such as Neon and Helium, all of which are chemically inert. Under MPEP 2112, "the inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." Here, the presence of an inert gas in the atmosphere is a physical fact that cannot be separated from the disclosure of Hashimoto. Thus, Hashimoto teaches the limitation).
Regarding claim 8. Hashimoto discloses The light emitting structure according to claim 1, wherein the carrying unit comprises a substrate 151 and a lead frame 111 [0058].
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.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (US 20170294563) in view of Brandes (US 20110298371).
Regarding claim 5. Hashimoto discloses The light emitting structure according to claim 1. But Hashimoto does not disclose further comprising:
a light transmitting cover, disposed on the carrying unit, and covering the light emitting unit and the light transmitting unit.
However, Fig 3 of Brandes discloses a light transmitting cover 131 ([0065]: ‘the cover 130 is preferably transmissive of at least one wavelength in the visible range’. Thus, light transmitting cover) disposed on the carrying unit 120, and covering the light emitting unit 146 ([0065]: LED) and the light transmitting unit ([0041]: “additionally, include one or more lumiphors (e.g., phosphors) arranged to interact with light emitted by one or more LEDs (i.e., to receive light emitted by a LED of one peak wavelength and responsively emit light having at least one other peak wavelength”).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Hashimoto’s device structure to have the Brandes’s cover structure to protect the LED(s) and diffuse light emitted therefrom [0005].
Regarding claim 6. Hashimoto in view of Brandes discloses The light emitting structure according to claim 5, Brandes discloses wherein the light transmitting cover 130 comprises a ventilating hole 133 defined adjacent to a periphery of the carrying unit (Fig 3).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Hashimoto’s device to have the Brandes’s light transmitting cover with ventilation hole for the purpose of providing enhanced thermal management by dissipating excess heat, which prevents overheating and significantly extends the lifespan of the sensitive electronics [0044]. And vents also reduce moisture buildup, prevent lens fogging, and ensure consistent, brighter light output by maintaining optimal operating temperatures.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Changhyun Yi whose telephone number is (571)270-7799. The examiner can normally be reached Monday-Friday: 8A-4P.
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/Changhyun Yi/Primary Examiner, Art Unit 2812
1 Samukawa (US 20090143505): in paragraph [0006]: “a refractive index of 1.41”
2 Yamada (US 20160343918): in paragraph [0075]: “a refractive index of 1.51”