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 .
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.
Status of the application
This office Action is in response to Applicant's Application filled on 07/06/2026. Claims 1-20 are pending for this examination.
Oath/Declaration
The oath or declaration filed on 06/21/2024 is acceptable.
Election/Restrictions
Applicant’s election, without traverse, species X.I (Fig [13]) with claims 1-16, in the “Response to Election / Restriction Filed” filed on 07/06/2026 is acknowledged.
However, the features of claims 13 such as “a collimator disposed between an upper surface of the light emitting device and the lower surface of the guide portion” does not support elected species XI, (Figure.[13]), as indicted below. Therefore, claim 13 is withdrawn. This office action considers claims 1-20 are thus pending for prosecution.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “a first light control layer is disposed on one surface of the connecting portion opposite to the substrate”, claim as recites in 14 and “a second light control layer is disposed on one surface of the connecting portion at a side of the substrate” as recites in claim 16, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 14 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 14, The instant claims recite limitation “a first light control layer is disposed on one surface of the connecting portion opposite to the substrate” is not clear because, it appears a first light control layer is disposed on one surface of the connecting portion on the surface of the substrate, instead of opposite to the substrate. Therefore, the resulting claim is indefinite and is failing to particularly point out and distinctly claim the subject matter. Appropriate corrections defining these limitations within metes and bounds of the claimed invention are required.
Regarding Claim 16, The instant claims recite limitation “a second light control layer is disposed on one surface of the connecting portion at a side of the substrate” is not clear because, it appears second light control layer is disposed on one surface of the connecting portion on the substrate, instead of at a side of the substrate. Therefore, the resulting claim is indefinite and is failing to particularly point out and distinctly claim the subject matter. Appropriate corrections defining these limitations within metes and bounds of the claimed invention are required.
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)(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 1-9, 11-12 and 14-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kubota et al (US 2024/0099038 A1; hereafter Kubota).
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Regarding claim 1, Kubota discloses a light emitting apparatus comprising:
a substrate (Fig 2A, substrate 151, Para [0062]);
at least one light emitting device (light-emitting device 190, Para [0104]) disposed on one surface of the substrate (Fig 2A, substrate 151, Para [0062]);
a molding layer (adhesive layer 142, construed as molding layer, Para [0106]) covering at least a region of the light emitting device (light-emitting device 190, Para [0104]); and
a first microelement (lens 149, Para [0112]) disposed above the light emitting device (light-emitting device 190);
wherein the first microelement (lens 149 , Para [0112]) includes a curved surface formed in at least a region of at least one of an upper surface (lens 149, Para [0112]) and a lower surface thereof (lens 149, Para [0112]).
Regarding claim 2, Kubota discloses the light emitting apparatus according to claim 1, Kubota further discloses wherein the first microelement (lens 149, Para [0112]) is integrally formed with the molding layer (adhesive layer 142, construed as molding layer, Para [0106]).
Regarding claim 3, Kubota discloses the light emitting apparatus according to claim 1, Kubota further discloses wherein an upper surface of the first microelement includes a convex surface (lens 149, Para [0078]).
Regarding claim 4, Kubota discloses the light emitting apparatus according to claim 1, Kubota further discloses wherein the first microelement includes a plurality of first sub-microelements (lens 149, Para [0078]) protruding from an upper surface (light-emitting device 190, Para [0104]) thereof.
Regarding claim 5, Kubota discloses the light emitting apparatus according to claim 1, Kubota further discloses wherein a plurality of light emitting devices (light-emitting device 190, Para [0104]) is disposed on the substrate (Fig 2A, substrate 151, Para [0062]) to be spaced apart from each other and the first microelement (lens 149, Para [ 0078]) is disposed between non-micro-domains in which a flat surface ( region between lens 149, Para [ 0078]) is formed.
Regarding claim 6, Kubota discloses the light emitting apparatus according to claim 1, Kubota further discloses wherein a plurality of light emitting devices (light-emitting device 190, Para [0104]) is disposed on the substrate (Fig 2A, substrate 151, Para [0062]) to be spaced apart from each other and a recessed concave surface ( Fig 2A shows recess concave surface) is formed in a region between adjacent light emitting devices (light-emitting device 190, Para [0104]) to face an upper surface of the substrate (Fig 2A, substrate 151, Para [0062]).
Regarding claim 7, Kubota discloses the light emitting apparatus according to claim 1, Kubota further discloses further comprising:
a partition disposed in a region (region between light emitting device 190, construed as partition) between adjacent light emitting devices (light-emitting device 190, Para [0104]) on an upper surface of the substrate (Fig 2A, substrate 151, Para [0062]), wherein a plurality of light emitting devices (light-emitting device 190, Para [0104]) is disposed on the substrate (Fig 2A, substrate 151, Para [0062]) to be spaced apart from each other (light-emitting device 190, Para [0104]).
Regarding claim 8, Kubota discloses the light emitting apparatus according to claim 7, Kubota further discloses wherein the partition (region between light emitting device 190, construed as partition) includes an inclined surface formed on a side surface thereof (region between light emitting device 190, construed as partition).
Regarding claim 9, Kubota discloses the light emitting apparatus according to claim 7, Kubota further discloses wherein the substrate (Fig 2A, substrate 151, Para [0062]) includes an electrode (pixel electrode 191, Para [ 0086]) disposed on the upper surface thereof and electrically connected to the light emitting devices (light-emitting device 190, Para [0104]), and the partition (region between light emitting device 190, construed as partition) covers a portion of the electrode (pixel electrode 191, Para [ 0086]).
Regarding claim 11, Kubota discloses the light emitting apparatus according to claim 1, Kubota further discloses wherein a plurality of light emitting devices (light-emitting device 190) is disposed on the substrate (Fig 2A, substrate 151, Para [0062]) to be spaced apart from each other (light-emitting device 190) and the first microelement (lens 149) includes a plurality of guide portions ( upper/lower surface curve portion of lens 149) corresponding to upper portions of the light emitting devices (light-emitting device 190) and constituting the curved surface ( upper/lower surface curve portion of lens 149).
Regarding claim 12, Kubota discloses the light emitting apparatus according to claim 11, Kubota further discloses wherein each of the guide portions (upper/lower surface curve portion of lens 149) includes curved surfaces formed on upper and lower surfaces thereof (upper/lower surface curve portion of lens 149).
Regarding claim 14, Kubota discloses the light emitting apparatus according to claim 11, Kubota further discloses wherein the first microelement (lens 149) further includes a connecting portion (annotated region) connecting adjacent guide (upper/lower surface curve portion of lens 149) portions to each other, and a first light control layer (light-blocking layer BM, construed as buffer layer, Para [0101]) is disposed on one surface of the connecting portion (annotated region) opposite to the substrate (Fig 2A, substrate 151, Para [0062]).
Regarding claim 15, Kubota discloses the light emitting apparatus according to claim 11, Kubota further discloses further comprising:
a buffer layer (second to the left side light-blocking layer BM, construed as buffer layer, Para [0101]) disposed between (at least a portion) the molding layer (adhesive layer 142) and the first microelement (lens 149, Para [0112]).
Regarding claim 16, Kubota discloses the light emitting apparatus according to claim 11, Kubota further discloses wherein the first microelement (lens 149, Para [0112]) further includes a connecting portion (annotated region) connecting adjacent guide portions (upper/lower surface curve portion) to each other, and a second light control layer (another light-blocking layer BM, construed as second light control layer, Para [0102]) is disposed on one surface of the connecting portion at a side of the substrate (Fig 2A, upper side of substrate 151, Para [0062]).
ALTERNATE REJECTION:
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.
Claims 1, 3-5, 11-12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al (US 2014/0339509 A1; hereafter Choi).
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Regarding claim 1, Choi discloses a light emitting apparatus comprising:
a substrate (Fig 1, substrate 100, Para [0049]);
at least one light emitting device (light-emitting device 200, Para [0049]) disposed on one surface of the substrate (Fig 1, substrate 100, Para [0049]);
a molding layer (encapsulating film 300, construed as molding layer, Para [0058]) covering at least a region of the light emitting device (light-emitting device 200, Para [0049]); and
a first microelement (lens 425, Para [0059]) disposed above the light emitting device (light-emitting device 200, Para [0049]);
wherein the first microelement (lens unit 425, Para [0064]) includes a curved surface formed in at least a region of at least one of an upper surface (lens unit 425, Para [0064]) and a lower surface thereof (lens unit 425, Para [0064]).
Regarding claim 3, Choi discloses the light emitting apparatus according to claim 1, Choi further discloses wherein an upper surface of the first microelement includes a convex surface (lens unit 425, Para [0064]).
Regarding claim 4, Choi discloses the light emitting apparatus according to claim 1, Choi further discloses wherein the first microelement includes a plurality of first sub-microelements (lens unit 425, Para [0064]) protruding (protrude region S1) from an upper surface (lens unit 425, Para [0064]) thereof.
Regarding claim 5, Choi discloses the light emitting apparatus according to claim 1, Choi further discloses wherein a plurality of light emitting devices (light-emitting device 200, Para [0049]) is disposed on the substrate (Fig 1, substrate 100, Para [0049]) to be spaced apart from each other and the first microelement (lens unit 425, Para [0064]) is disposed between non-micro-domains in which a flat surface is formed (lens unit 425, Para [0064]).
Regarding claim 11, Choi discloses the light emitting apparatus according to claim 1, Choi further discloses wherein a plurality of light emitting devices (light-emitting device 200, Para [0049]) is disposed on the substrate (Fig 1, substrate 100, Para [0049]) to be spaced apart from each other (light-emitting device 200, Para [0049]) and the first microelement ( region between lens 425, Para [0064]) includes a plurality of guide portions ( upper/lower surface curve portion of lens 425) corresponding to upper portions of the light emitting devices (light-emitting device 200, Para [0049]) and constituting the curved surface ( upper/lower surface curve portion of lens 425).
Regarding claim 12, Choi discloses the light emitting apparatus according to claim 11, Choi further discloses wherein each of the guide portions ( upper/lower surface curve portion of lens 425) includes curved surfaces formed on upper and lower surfaces thereof ( upper/lower surface curve portion of lens 425).
Regarding claim 15, Choi discloses the light emitting apparatus according to claim 11, Choi further discloses further comprising:
a buffer layer (layer 410, Para [0063]) disposed between the molding layer (encapsulating film 300, construed as molding layer, Para [0058]) and the first microelement (lens unit 425, Para [0064]).
Claim Rejection- 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 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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (US 2014/0339509 A1; hereafter Choi) as applied claims above and further in view of Lauer (US 10,606,092 B1; hereafter Lauer).
Regarding claim 10, Choi discloses the light emitting apparatus according to claim 1, But Choi does not disclose explicitly wherein the first microelement includes at least one type of filler.
In a similar field of endeavor, Lauer discloses wherein the first microelement includes at least one type of filler (Col 14, lines 50-68).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Choi in light of Lauer teaching “wherein the first microelement includes at least one type of filler (Col 14, lines 50-68)” for further advantage such as to provide mechanical robustness and to support the lens.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOIN M RAHMAN whose telephone number is (571)272-5002. The examiner can normally be reached 8:30-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julio Maldonado can be reached at 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOIN M RAHMAN/Primary Examiner, Art Unit 2898