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 .
This OA is in response to the amendment filled on 6/5/2026 that has been entered, wherein claims 28-54 are pending, claims 1-27 are canceled and claims 50-54 are withdrawn.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 28-49 in the reply filed on 6/5/2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/11/2024, 6/26/2024 and 1/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
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.
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 28-49 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.
Regarding claim 28, the phrase "optional" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of examination, the limitation of “optional fastening of the substrate via an adhesive layer on an auxiliary carrier” will be interpreted as “fastening of the substrate via an adhesive layer on an auxiliary carrier”.
Claim 28 recites the limitation "the cavity of a mold" in line 9. There is insufficient antecedent basis for this limitation in the claim. Is the cavity of a mold in line 9 the same or different then a cavity of a molding tool of line 8? For the purpose of examination, "the cavity of a mold" will be interpreted as "the cavity of the molding tool"
Claims 29-49 depend on claim 28 and inherit it’s deficiencies.
Regarding claim 42, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of examination, the limitation of “optionally the inlet and the outlet are arranged on the same side of the tool and on the same side of the auxiliary carrier” will be interpreted as “the inlet and the outlet are arranged on the same side of the tool and on the same side of the auxiliary carrier”.
Claims 43-44 depend on claim 42 and inherit it’s deficiencies.
Regarding claim 41, the term “approximately” is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what the specific numerical range is approximately 90° nor does the written description in the specification provide an scope of what approximately 90° encompasses. For the purpose of examination the limitation of “an angle of approximately 90°” will be interpreted as “an angle of 90°”.
Regarding claim 42, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of examination, the limitation of “optionally become part of structural elements after curing of the matrix material” will be interpreted as “ become part of structural elements after curing of the matrix material.”
Allowable Subject Matter
Claims 28-49 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 28, Kawamoto (WO2016002584A1) teaches a method(Fig. 9) for manufacturing a plurality of light emitting devices(24, page 19, ¶0010), wherein each light emitting device has at least one light emitting semiconductor element(LED Chip, page 15), the method comprising:
arranging(Fig. 9a) and fixing several semiconductor elements(LED Chip, page 15) on a substrate(10);
introducing(Fig. 9b) a filler(inorganic fine particle filler of phosphor layer 6, page 8, ¶0003, page 18, ¶0008) into spaces between the semiconductor elements(LED Chip, page 15, ¶0004);
inserting(Fig. 9c) the substrate(10) with the semiconductor elements(LED Chip, page 15, ¶0004) attached thereto and the filler(inorganic fine particle filler of phosphor layer 6, page 8, ¶0003, page 18, ¶0008) into a cavity(19) of a molding tool(16, page 19, ¶0010);
generating a vacuum(page 18, ¶0004) in the cavity(19) of the molding tool(16, page 19, ¶0010);
a matrix material(resin of phosphor layer 6, page 4, ¶0001, page 18, ¶0008);
curing(page 18, ¶0004) of the matrix material(resin of phosphor layer 6, page 4, ¶0001, page 18, ¶0008);
molding(Fig. 9c) the substrate(10) with the light-emitting devices(24, page 19, ¶0010); and
separating(Fig. 9D) the devices(24, page 19, ¶0010).
Kawamoto does not teach wiring several semiconductor elements(LED Chip, page 15) on a substrate(10), fastening of the substrate via an adhesive layer on an auxiliary carrier; introducing a matrix material(resin of phosphor layer 6, page 4, ¶0001, page 18, ¶0008) into the filler(inorganic fine particle filler of phosphor layer 6, page 8, ¶0003, page 18, ¶0008).
Regarding independent claim 28, the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach “introducing a matrix material into the filler”.
Claims 29-49 depend on claim 28 and inherit it’s allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shimonaka et al. (US 2006/0014328 A1) Discloses a method of manufacturing a light emitting device.
Takase (US 2004/0048416 A1) Discloses a method of manufacturing a plurality of light emitting devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA DYKES whose telephone number is (571)270-3161. The examiner can normally be reached M-F 9:30 am-5 pm.
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/LAURA M DYKES/Examiner, Art Unit 2892
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