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
This office action is in response to the application filed on 12/14/2023. Currently, claims 1-20 are pending in the application.
Claim Rejections - 35 USC § 102
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.
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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YOSHIDA et al (WO 2021084919 A1, corresponding US 20220252238 A1 will be used as the refence below).
Regarding claim 1, Figure 13 of YOSHIDA discloses a light emitting unit comprising:
a substrate (41, [0041]);
a light source (1e, [0040]) disposed on the substrate and having a light emitting surface; and
a lens unit (11+32, [0040]) comprising:
a lens (32, [0040]) disposed above the light source, and an optical member (11) fixed to the lens and disposed between the light source (1e) and the lens (32), the optical member (11) comprising:
a first region (12, [0040]) facing the light emitting surface, and a second region (21+25a, [0056]) provided around the first region, wherein: a light transmittance of the first region is higher than a light transmittance of the second region (based on the material described in [0056]), and the lens (11+32) unit is not fixed to the substrate (41).
Regarding claim 2, Figure 13 of YOSHIDA discloses that the light emitting unit according to claim 1, wherein: the first region (12) comprises any one of a through hole, a first light-transmissive portion, a wavelength conversion portion, or a first light diffusion portion, the second region (21+25a) comprises a light shielding portion (25a), and in a top view, an outer edge of the light emitting surface (of 1e) is located outward of an outer edge of the first region.
Regarding claim 4, Figure 13 of YOSHIDA discloses that the light emitting unit according to claim 1, wherein: the light source comprises at least one light emitting part, the light emitting part comprising: a light emitting element (2), a wavelength conversion member (4) disposed on the light emitting element, and a light shielding member (5) covering lateral surfaces of the light emitting element and a bottom surface of the wavelength conversion member ([0043]).
Regarding claim 5, Figure 13 of YOSHIDA discloses a light emitting unit comprising:
a substrate (41, [0056]);
a light source (1e, [0054]) disposed on the substrate and having a light emitting surface (upper surface of 1); and
a lens (11+32, [0040]) unit comprising:
a lens (32) disposed above the light source, and an optical member (11) fixed to the lens and disposed between the light source and the lens, the optical member comprising:
a first region (12, [0040]) facing the light emitting surface, and a second region (21+25a, [0056]) provided around the first region, wherein:
a light diffusivity of the first region (12) is higher than a light diffusivity of the second region (based on the material listed in [0056]), and the lens unit (11+32) is spaced apart from the substrate (41).
Regarding claim 6, Figure 13 of YOSHIDA discloses that the light emitting unit according to claim 5, wherein: the first region (12) comprises a first light diffusion portion or a wavelength conversion portion, the second region (21+25a) comprises a second light diffusion portion or a second light-transmissive portion, and in a top view, an outer edge of the light emitting surface is located inward of an outer edge of the first region (considering the middle light emitting device only).
Regarding claim 8, Figure 4/13 of YOSHIDA discloses that the light emitting unit according to claim 5, wherein: the light source (1e, [0043]) comprises at least one light emitting part (1a), the light emitting part comprising: a light emitting element (2), a wavelength conversion member (4) disposed on the light emitting element, and a light shielding member (5) covering lateral surfaces of the light emitting element and a bottom surface of the wavelength conversion member.
Regarding claim 9, Figure 13 of YOSHIDA discloses a lens unit (11+32, [0040]) to be fixed to a housing (51, [0041]) of an image capturing device ([0052]), the lens unit comprising:
a lens (32); and
an optical member (11) fixed to the lens, the optical member comprising:
a first region (12, [0056]), and a second region (21+25a) provided around the first region, wherein:
a light transmittance of the first region (12) is higher than a light transmittance (based on the materials described in [0056]) of the second region (21+25), and the lens (32) has a shape (34, [0040]) protruding toward the optical member.
Regarding claim 11, Figure 13 of YOSHIDA discloses that the lens unit according to claim 9, wherein, in a top view, an outer shape of the first region is an annular shape ([0040] and [01020]).
Regarding claim 12, Figure 13 of YOSHIDA discloses that the lens unit according to claim 9, wherein, in a top view, an aspect ratio of the first region is 2.4 or less (based on drawing).
Regarding claim 13, Figure 13 of YOSHIDA discloses that the lens unit according to claim 9, wherein the lens (32, [0040]) comprises a Fresnel lens.
Regarding claim 14, Figure 13 of YOSHIDA discloses a lens unit comprising:
a lens (32, [0040]); and
an optical member (11, [0040]) fixed to the lens, the optical member comprising:
a first region (12, [0040]), and a second region (21+25a, [0056]) provided around an entire periphery of the first region, wherein:
a light diffusivity of the first region is higher than a light diffusivity of the second region (based on the materials described in [0056]).
Regarding claim 15, Figure 13 of YOSHIDA discloses that the lens unit according to claim 14, wherein: the first region (12, [0054]) comprises a first light diffusion portion or a wavelength conversion portion, and the second region comprises a second light diffusion portion or a second light-transmissive portion (21+25a, [0056]).
Regarding claim 17, Figure 13 of YOSHIDA discloses that the lens unit according to claim 14, wherein the lens (32) has a shape (34, [0040]) protruding toward the optical member (11).
Regarding claim 18, Figure 13 of YOSHIDA discloses that the lens unit according to claim 14, wherein, in a top view, an outer shape of the first region is an annular shape ([0040] and [0120]).
Regarding claim 19, Figure 13 of YOSHIDA discloses that the lens unit according to claim 14, wherein, in a top view, an aspect ratio of the first region is 2.4 or less (based on drawing).
Regarding claim 20, Figure 13 of YOSHIDA discloses that the lens unit according to claim 14, wherein the lens (32) comprises a Fresnel lens ([0040]).
Claim Rejections - 35 USC § 103
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.
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 of this title, 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 3 and 7 are rejected under 35 U.S.C. 103 as being obvious over YOSHIDA et al (WO 2021084919 A1, corresponding US 20220252238 A1 will be used as the refence below).
Regarding claims 3 and 7, Figure 13 of YOSHIDA does not teach light emitting unit according to claim 1, wherein a distance between the light source and the optical member is 0 mm or more and 2 mm or less. Or
The light emitting unit according to claim 5, wherein a distance between the light source and the optical member is 0 mm or more and 2 mm or less.
However, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to use the above claimed ranges in order to have an improved device with lower cost since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 10 and 16 are rejected under 35 U.S.C. 103 as being obvious over YOSHIDA et al (WO 2021084919 A1, corresponding US 20220252238 A1 will be used as the refence below) in view of SANGA et al (US 20180229491 A1).
Regarding claim 10, Figure 13 of YOSHIDA teaches that the lens unit according to claim 9, wherein: the first region (12) comprises any one of a through hole, a first light-transmissive portion, a wavelength conversion portion, or a first light diffusion portion ([0040]) and the second region (21+25a) comprises a light shielding portion ([0056]).
YOSHIDA does not teach that the light shielding portion is formed of a white resin containing a light scattering substance.
However, SANGA is a pertinent art which teaches a light emitting device, wherein SANGA teaches that a light shielding layer contain white resin with light scattering material (50, Figure 9) in order to extract light efficiently [0063]).
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the lens unit of YOSHIDA with a second region (21+25a) of light shielding portion wherein the light shielding portion is formed of a white resin containing a light scattering substance according to the teaching of SANGA in order to extract light efficiently ([0063] of SANGA) from the light emitting device.
Regarding claim 16, YOSHIDA does not teach that the lens unit according to claim 14, wherein: the second region is formed of either a white resin containing a light scattering substance or a black resin containing a light absorbing substance.
However, SANGA is a pertinent art which teaches a light emitting device, wherein SANGA teaches that a light shielding layer contain white resin with light scattering material (50, Figure 9) in order to extract light efficiently [0063]).
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the lens unit of YOSHIDA with a second region (21+25a) wherein the second region is formed of either a white resin containing a light scattering substance or a black resin containing a light absorbing substance according to the teaching of SANGA in order to extract light efficiently ([0063] of SANGA) from the light emitting device.
Examiner Notes
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAJA AHMAD whose telephone number is (571)270-7991. The examiner can normally be reached on Monday-Friday, 8:00 AM - 5:00 PM (Eastern Time).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, GAUTHIER STEVEN B, can be reached on (571)270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHAJA AHMAD/Primary Examiner, Art Unit 2813