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 .
Status of Claims
Claims 1-18 are pending in this application.
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-14) in the reply filed on 3/22/24 is acknowledged. Claims 15-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Claims 1-14 are examined in this Office action.
Foreign Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
Acknowledgment is made that the information disclosure statement has been received and considered by the examiner. If the applicant is aware of any prior art or any other co-pending applications not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same.
Drawings
There are no objections or rejections to the drawings.
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.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 pre-AIA 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, 5, 7-8, and 12-14 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Nakabayashi et al. (US Patent Application Publication No 2021/0036198) hereinafter referred to as Nakabayashi.
Per Claim 1 Nakabayashi discloses a light emitting device, (see figures 18-19 and 24-25) comprising
a plurality of light emitting elements (20);
a plurality of light transmissive members (40) disposed on the respective light emitting elements;
a covering member (60) covering lateral surfaces of the light transmissive members and lateral surfaces of the light emitting elements, wherein upper surfaces of the light transmissive members are exposed from the covering member (as shown in figure 2), and wherein the covering member defines a first groove (60g) that opens at an upper surface of the covering member and is located between adjacent ones of the light transmissive members (as shown in figure 18-19);
a light shielding member (65) covering a surface of the covering member that defines the first groove; and
an air layer disposed on the light shielding member in the first groove (see [0108] which teaches that (65) can be filled with air).
Per Claim 5 Nakabayashi discloses the device of claim 1 including where a refractive index of the light shielding member is greater than a refractive index of the air layer. [0109] teaches that (65) can be a reflective metal film, which by definition of being reflective must have a greater refractive index than air.
Per Claim 7 Nakabayashi discloses the device of claim 1 including where in a top view, the light shielding member is linearly disposed between facing sides of the adjacent ones of the light transmissive members. (the light emitting devices, each including the light shielding members, are shown in a top view in figure 13 in a linear /rectangular grid).
Per Claim 8 Nakabayashi discloses the device of claim 1 including where in a top view, the light transmissive members and the light emitting elements are disposed in a matrix. (the light emitting devices, each including the light shielding members, are shown in a top view in figure 13 in a linear/rectangular grid, i.e. a matrix).
Per Claim 12 Nakabayashi discloses the device of claim 1 including where a width of the first groove (60g) is 20 μm or less in a vertical cross section cut in a direction in which the light transmissive members are arranged. [0102]
Per Claim 13 Nakabayashi discloses the device of claim 1 including a substrate (10) on which the light emitting elements are to be disposed.
Per Claim 14 Nakabayashi discloses a light emitting device, (see figures 18-19 and 24-25) comprising
a light emitting element (20);
a light transmissive member (40) disposed on the light emitting elements;
a covering member (60) covering lateral surfaces of the light transmissive members and lateral surfaces of the light emitting elements, wherein an upper surface of the light transmissive member is exposed from the covering member (as shown in figure 2), and wherein the covering member defines a groove (60g) that opens at an upper surface of the covering member and surrounds the light transmissive member (40); (see in figs 18-19);
a light shielding member (65) covering a surface of the covering member that defines the groove; and
an air layer disposed on the light shielding member in the groove (see [0108] which teaches that (65) can be filled with air).
Allowable Subject Matter
Claims 2-4, 6 and 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Cited Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants are directed to consider additional pertinent prior art included on the Notice of References Cited (PTOL 892) attached herewith.
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant.
Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMI VALENTINE MILLER whose telephone number is (571)272-9786. The examiner can normally be reached on Monday-Thursday 7am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eva Montalvo can be reached on (571) 270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jami Valentine Miller/Primary Examiner, Art Unit 2818
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