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 .
Attorney Docket Number: 119927-0255
Filling Date: 9/28/23
Priority Date: 03/31/2021
Inventor: Sannabe
Examiner: Bilkis Jahan
DETAILED ACTION
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 12-18 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukuda et al (US 2014/0226308 A1).
Regarding claim 12, Fukuda discloses a light-emitting device (Fig. 1A) comprising: a base body 3 (Paras. 35, 42) comprising: a sidewall part including a first upper surface (upper surface of 3 that directly contact with 36), and a second upper surface (bottom surface of 3 inside the cavity 2), a periphery of the second upper surface being surrounded by the sidewall part (two sidewalls of cavity 2); a light-emitting element 1 (Para. 84) located at the second upper surface (bottom surface of 3 inside the cavity 2); a bonding member 36, 20 (Para. 48) located at the first upper surface; and a light-transmitting member 40 (Paras. 35, 45) including a lower surface, the lower surface including: a first region 40 (two sides corner) located above the first upper surface (upper surface of 3 that directly contact with 36), and a second region 40 (middle portion) located above the second upper surface (bottom surface of 3 inside the cavity 2), wherein: the light-transmitting member 40 is bonded with a portion of the first upper surface 3 (upper surface of 3 that directly contact with 36) by the bonding member 36, the light-emitting device 1 includes a gap 2 (Para. 35) defined by the lower surface of the light- transmitting member 40 (lower surface), the first upper surface of the sidewall part 2 (two side walls), and the bonding member 36, 20, the gap 2 extending out of the light-emitting device 1 between the lower surface of the light-transmitting member 40 (lower surface) and the first upper surface (upper surface of 3 that directly contact with 36) of the sidewall part 2 (two sidewall) from a space in which the light-emitting element 1 is located, and the bonding member 36, 20 is bonded to the first 36 (left and right two corners) and second regions 20 of the lower surface of the light-transmitting member 40.
Regarding claim 13, Fukuda discloses the light-emitting device according to claim 12, comprising: a plurality of the bonding members 21, 29 (Paras. 35, 43).
Regarding claim 14, Fukuda discloses the light-emitting device according to claim 13, wherein: in a plan view, the bonding members 21, 29 are positioned with a center of the lower surface of the light-transmitting member 40, 6 (Fig. 1I) interposed therebeween.
Regarding claim 15, Fukuda discloses the light-emitting device according to claim 12, further comprising: a first coating film located at the second region 20 (SiO2, same material as instant application, Para. 46) and at a portion of the first region 40 (two sides) of the lower surface of the light-transmitting member 40 (two sides), the first coating film 20 having a higher bonding force (SiO2, same material as instant application, Para. 46) with the bonding member 36 than with the light-transmitting member 40, and the bonding member 36 is bonded with the light-transmitting member 40 by the first coating film 20.
Regarding claim 16, Fukuda discloses the light-emitting device according to claim 15, wherein: the first coating film 20 is an anti-reflection coating (SiO2, same material as instant application, Para. 46).
Regarding claim 17, Fukuda discloses the light-emitting device according to claim 15, wherein: an outermost surface of the first coating film is silicon oxide (SiO2, same material as instant application, Para. 46).
Regarding claim 18, Fukuda discloses the light-emitting device according to claim 15, wherein: in a plan view, parts of the first region 40 (two sides) of the lower surface of the light- transmitting member 40 at which the first coating film 20 is not provided are positioned with a center of the lower surface interposed (Fig. 1).
Regarding claim 22, Fukuda discloses the light-emitting device according to claim 12, wherein: the light-transmitting member is made of glass 40 (Para. 45).
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(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuda et al (US 2014/0226308 A1).
Regarding claim 19, Fukuda discloses the light-emitting device according to claim 15, wherein: in a plan view, the base body is substantially rectangular, and parts at which the first coating film is not provided are positioned at four corners of the substantially rectangular base body.
However, Fukuda discloses in a cross view, the base body 3 is substantially rectangular (Figs. 1A-1I), and parts at which the first coating film 20 is not provided are positioned at four corners (it has to be because same cross section as instant application) of the substantially rectangular base body 3 (same cross section as instant application claim 12).
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to obtain in a plan view, the base body is substantially rectangular, and parts at which the first coating film is not provided are positioned at four corners of the substantially rectangular base body for intended purposes.
the applicants have not established the criticality (see next paragraph below) of the shape.
CRITICALITY
The specification contains no disclosure of either the critical nature of the claimed shape or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Claim(s) 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda et al (US 2014/0226308 A1) in view of Chen et al (US 2016/0247854 A1).
Regarding claim 20, Fukuda does not explicitly disclose the light-emitting device according to claim 15, further comprising: a second coating film located at an upper surface of the light-transmitting member.
However, Chen discloses a second coating film located at an upper surface of the light-transmitting member (Claim 3). Chen teaches the above modification is used to make planar upper surface of the device (Claim 3). It would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to combine Fukuda light-transmitting member with Chen antireflective coating as suggested above to make planar upper surface of the device (Claim 3).
Regarding claim 21, Chen further discloses the light-emitting device according to claim 20, wherein: the second coating film is an anti-reflection coating (Claim 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BILKIS JAHAN whose telephone number is (571)270-5022. The examiner can normally be reached Monday-Friday, 8:00 am-5 Pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marlon T Fletcher can be reached at (571)272-2063. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BILKIS . JAHAN
Primary Examiner
Art Unit 2817
/BILKIS JAHAN/Primary Examiner, Art Unit 2817