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 .
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 1-2, 9-17 and 19-20 recite the limitations “the flexible substrate” and “the conductive circuit layer”. There is insufficient antecedent basis for these limitations in the claims, for the following reasons.
Claim 1 recites “a plurality of flexible filaments, wherein each of the plurality of flexible filaments includes a flexible substrate” in lines 1-2, and “the flexible substrate is provided with a conductive circuit layer” in line 4.
Therefore, the claimed splicing structure includes a plurality of flexible substrates, and a plurality of conductive circuit layers. Subsequent recitations of “the flexible substrate” and “the conductive circuit layer” lack proper antecedent basis, since there a plurality of each of these elements. This renders the scope of claims 1-2, 9-17 and 19-20 indefinite, as it is unclear which flexible substrate, and which conductive circuit layer, are being referenced.
For the purpose of compact prosecution, the Examiner suggests the following amendments:
A flexible filament splicing structure, comprising
…each flexible substrate is provided with a respective conductive circuit layer, the at least one LED chip is disposed on one of the flexible substrates, and the at least one LED chip is electrically connected with one of the respective conductive circuit layers…
For claims 2, 9-17 and 19-20, the Examiner has interpreted the term “the flexible substrate” to mean “each flexible substrate”, and the term “the conductive circuit layer” to mean “the respective conductive circuit layer”.
Furthermore, claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following additional reasons.
Regarding claim 9, the term "when" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
As understood by the Examiner, the term ‘when’ could refer to a particular optional feature or condition, similar to an ‘if-then’ statement. Or ‘when’ could refer to a temporal limitation. Since claim 9 is directed to a product, it appears the term ‘when’ is intended to mean that the inclusion of a plurality of LED chips is an optional feature.
In this case, since the inclusion of a plurality of LED chips, the subsequent limitation of the LED chip connection is a contingent limitation, only invoked when the first condition is met. Parent claim 1 allows for two conditions (only one LED chip is included, or a plurality of LED chips is included), and dependent claim 9 does not explicitly require a plurality of LED chips. This renders the scope of claim 9 indefinite.
For the purposes of compact prosecution, the Examiner has interpreted claim 9 to mean:
9. The flexible filament splicing structure of claim 1, wherein on each of the flexible substrates, and the plurality of the LED chips are connected in series or parallel through the conductive circuit layer (figs. 22a-22b).
Appropriate correction is 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)(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 1-5, 7 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holec et al. (PG Pub. No. US 2020/0053875 A1).
Regarding claim 1, Holec teaches flexible filament splicing structure, comprising
a plurality of flexible filaments (¶ 0154: 1912/1914, 1916/1914), wherein each of the plurality of flexible filaments includes a flexible substrate (¶ 0155, 0174: circuit boards 1912, 1916 with at least some degree of flexibility) and at least one light-emitting diode (LED) chip (¶ 0146: each substrate includes at least one LED 1914);
each flexible substrate is provided with a respective conductive circuit layer (¶ 0144 & fig. 22B: 1912 and 1916 each provided with circuit pattern 1960), the at least one LED chip is disposed on one of the flexible substrates, and the at least one LED chip is electrically connected with one of the respective conductive circuit layers (fig. 22b: 1914 disposed on each 1912 and 1916 and connected to respective circuit patterns 1960); and
two adjacent flexible filaments are electrically spliced with each other (¶¶ 0155-0156 & fig. 22b: 1912/1914 and 1916/1914 joined/interconnected) to enable the plurality of flexible filaments to form an integrated spliced structure (fig. 22b: 1912/1914/1916 forms an integrated structure).
Regarding claim 2, Holec teaches the flexible filament splicing structure of claim 1, wherein at least two conductive connection ends are disposed on each of the plurality of flexible filaments (¶ 0151, fig. 22b: 1960 on each of 1912 and 1916 includes two ends with pads 1903 and/or 1907), the at least two conductive connection ends are electrically connected with the conductive circuit layer (fig. 22b: 1903 and/or 1907 electrically connected to 1960), and the two adjacent flexible filaments are electrically spliced with each other through respective conductive connection ends to form the integrated spliced structure (fig. 22b: 1903/1907 electrically spliced/connected together across edge 1915 of each of 1912/1914 and 1916/1914).
Regarding claim 3, Holec teaches the flexible filament splicing structure of claim 2, wherein the at least two conductive connection ends (ends of 1912 and/or 1916 comprising pads 1903 or 1907) protrude from two ends of each of the plurality of flexible filaments, respectively (fig. 22b: 1903 and 1907 protrude inward from ands of 1912 and 1916).
Regarding claim 4, Holec teaches the flexible filament splicing structure of claim 3, wherein the two adjacent flexible filaments are electrically spliced with each other by soldering (¶ 0158).
Regarding claim 5, Holec teaches the flexible filament splicing structure of claim 4, wherein
each of the at least two conductive connection ends is provided with at least one solder hole (Holee, ¶ 0143: 1902); and
the at least one solder hole provided in the at least two conductive connection ends of each of the two adjacent flexible filaments is aligned and overlapped to be electrically spliced by soldering and fixing (Holee, ¶ 0158: 1912 and 1916 electrically spliced by solder 1919 in holes 1902 overlapping a portion of 1912).
Regarding claim 7, Holec teaches the flexible filament splicing structure of claim 3, wherein the two adjacent flexible filaments are bonded to be electrically spliced (¶ 0158: 1912, 1919 electrically spliced with solder 1919) through a conductive adhesive (¶ 0163, fig. 25: 1912 and 1916 bonded together with thermally conductive tape 1923).
Regarding claim 9, Holec teaches the flexible filament splicing structure of claim 1, wherein and the plurality of the LED chips are connected in series or parallel through the conductive circuit layer (figs. 22a-22b: 1914 connected in series through 1960).
Regarding claim 10, Holec teaches the flexible filament splicing structure of claim 1, wherein in the integrated spliced structure formed by the plurality of flexible filaments, one or two contact pieces (¶¶ 0143. 0151: at least one pad 1093 and/or at least one pad 1907) are disposed at one end of the flexible filament located at an end, and the one or two contact pieces are electrically connected with the conductive circuit layer (figs. 22a-22b: 1903/1907 located at an end of 1912 or 1916 and electrically connected with 1960).
Regarding claim 11, Holec teaches the flexible filament splicing structure of claim 10, wherein in the integrated spliced structure formed by the plurality of flexible filaments,
one end of a first flexible filament is provided with a first contact piece (¶¶ 0143, 0151: 1903, 1907 and/or 1908 provided on one and of 1912 or 1916) electrically connected with the conductive circuit layer (fig. 22b: 1903/1907/1908 electrically connected with 1960), the other end of the first flexible filament is electrically connected with an adjacent flexible filament (1903/1907/1908 electrically connected to adjacent 1912/1916);
one end of a last flexible filament is electrically connected with an adjacent flexible filament, and the other end of the last flexible filament is provided with a second contact piece electrically connected with the conductive circuit layer (figs. 22a-22b, 29 among others: a last 1912/1916 electrically connected to 1960 and an adjacent 1912/1916).
Regarding claim 12, Holec teaches the flexible filament splicing structure of claim 10, wherein in the integrated spliced structure formed by the plurality of flexible filaments,
one end of a first flexible filament is provided with a third contact piece and a fourth contact piece (¶¶ 0143, 0151: 1903, 1907, 1908) electrically connected with the conductive circuit layer (fig. 22b: 1903/1907/1908 electrically connected with 1960); and
one end of a last flexible filament is electrically connected with an adjacent flexible filament (figs. 22a-22b, 29: a last 1912/1916 electrically connected to an adjacent 1912/1916).
Regarding claim 13, Holec teaches the flexible filament splicing structure of claim 12, wherein
the other end of the last flexible filament is provided with a fifth contact piece electrically connected with the conductive circuit layer; or
the other end of the last flexible filament is provided with a connection structure (fig. 29: at least one end of last 1912/1916 provided with at least one 1903/1907/1908).
Regarding claim 14, Holec teaches the flexible filament splicing structure of claim 1, wherein a plurality of bonding pads (¶ 0143: 1904) are disposed on the conductive circuit layer (¶ 0146: 1903 disposed on circuit paths), the plurality of bonding pads are electrically connected with the conductive circuit layer (¶ 0146: 1903 disposed on circuit paths, including patterns 1960), and the at least one LED chip is disposed on the plurality of bonding pads (¶ 0146 & figs. 21, 22b: 1914 disposed on 1904).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Holec as applied to claim 4 above, and further in view of Jiang et al. (PG Pub. No. US 2021/0116077 A1).
Regarding claim 6, Holec teaches the flexible filament splicing structure of claim 4, comprising soldering (¶ 0158).
Holec is silent to wherein the soldering includes tin soldering.
Jiang teaches bonding pads of an LED strip with tin solder (¶ 0266: bendable LED light strip connection accomplished via tin soldering).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure the solder of Holec with tin solder, as a means form an electrical solder joint (Jiang, ¶ 0269).
Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In the instant case, the tin solder of Jiang is suitable to form the solder joint of Holec.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Holec.
Regarding claim 15, Holec teaches the flexible filament splicing structure of claim 1, wherein the conductive circuit layer is disposed on a front side or a back side of the flexible substrate, respectively (fig. 22b: 1960 disposed on at least one side of 1912/1916), and at least two LED chips are arranged on the front side or the back side of the flexible substrate, respectively (fig. 22b: at least two LED chips 1914 disposed on the at least one side of 1912/1916).
Holec does not explicitly teach the embodiment of fig. 22b includes the conductive circuit layer and at least two LED chips are disposed on both the front side and the back side of the flexible substrate.
However, Holec teaches an embodiment (¶ 0099 & fig. 1C: 120) including at least two LED chips (¶ 0092: 108) disposed on both the front side and the back side of a flexible structure (fig. 1C: 108 disposed on both front and back sides of flexible structure 104/106).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure the structure of Holec to include conductive circuit layer(s) and at least two LED chips on both the front side and the back side of the flexible substrate, as a means to emit light in opposing directions, increasing the amount of light output by the flexible filament splicing structure.
Furthermore, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St Regis Paper Co. v. Bemis Co., 193 USPQ 8. In the instant case, arranging the conductive circuit layer and at least two LED chips on both the front side and the back side of the flexible substrate would be nothing more than duplication of essential working parts of the device disclosed by Holec.
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Holec as applied to claim 1 above, and further in view of Jiang et al. (PG Pub. No. US 2019/0386185 A1, hereinafter referenced as ‘Jiang-185’).
Regarding claim 8, Holec teaches the flexible filament splicing structure of claim 1, comprising splicing positions of the two adjacent flexible filaments (fig. 22b: overlap between 1912 and 1916, including edge 1915). Holec further teaches at least one embodiment including an overcoat material (¶ 0150: 1924) arranged at a splicing position of two adjacent flexible filaments (fig. 24: 1924 positioned at splicing/joining position of 1912 and 1916).
Holec does not teach wherein splicing positions of the two adjacent flexible filaments are coated and cured with a fluorescent adhesive.
Jiang-185 teaches a flexible filament splicing structure (fig. 6F among others) including a joint region (¶ 0177: 430, similar to 1915 of Holec), an overcoat material (¶ 0177: 420) arranged at the joint region of two adjacent flexible filaments (fig. 6F: 420 arranged at region 430 between LED sections 402 and 404).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure the splicing position of two adjacent flexible filaments of Holec with fluorescent adhesive coating, as a means to provide a continuous light conversion material (Jiang, ¶ 0177), to increase the light dispersion and brightness, or even the brightness that can be produced close to the top layer (Jiang-185, ¶ 0178).
The Examiner notes that the term “and cured” appears to recite a process, which does not carry patentable weight in a claim drawn to structure. Since claim 8 is a product claim, it is defined and limited only by structural claim elements. Accordingly, the recitation “and cured” has not been given patentable weight.
Regarding claim 16, Holec as modified above teaches the flexible filament splicing structure of claim 15, including at least one embodiment wherein at least one side of the flexible substrate is coated with an adhesive (¶ 0162 & fig. 24: splicing position of 1912 and 1916 coated with adhesive 1924).
Holec as modified above does not teach wherein the front side and the back side of the flexible substrate are coated with a fluorescent adhesive, respectively, and the at least two LED chips are encapsulated in the fluorescent adhesive.
Jiang-185 teaches a flexible filament splicing structure (fig. 6B among others) including a joint region (¶ 0177: 430, similar to 1915 of Holec), a coating material (¶ 0177: 420) arranged on front and back LED chip surfaces (fig. 6B: 420a arranged on front surfaces of LEDs 442, 420b arranged on back surfaces of LEDs 442), at least two LED chips are encapsulated in the fluorescent adhesive (fig. 6B: at least two 442 encapsulated in portions of 420).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to coat the at least two LED chips of Holec with the fluorescent adhesive coating of Jiang-185, as a means to provide a continuous light conversion material (Jiang, ¶ 0177), to increase the light dispersion and brightness, or even the brightness that can be produced close to the top layer (Jiang-185, ¶ 0178).
Claims 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Holec as applied to claim 1 above, and further in view of Creusen et al. (PG Pub. No. US 2020/0124242 A1).
Regarding claim 17, Holec teaches the flexible filament splicing structure of claim 1, including a flexible substrate (1912/1916) where at least one LED chip (1914) is located (fig. 22b). Holec further teaches LED lighting system with support layers (¶ 0266).
Holec fails to teach the flexible filament splicing structure further comprises a reinforcing plate, wherein the reinforcing plate is disposed at a position of the flexible substrate where the at least one LED chip is located.
Creusen teaches a flexible filament structure (¶ 0056 & fig. 1A) including a reinforcing plate (¶ 0058: 130), wherein the reinforcing plate is disposed at a position of a flexible substrate (¶ 0056: 110) where at least one LED chip (¶ 0056: 120) is located (fig. 1A: 130 disposed at a position of 110 where at least one LED chip 120 is located).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure the flexible filament splicing structure of Holec with a reinforcing plate, as a means to rigidify the light strip, improving structural support and/or handling.
Regarding claim 18, Holec in view of Cruesen teaches the flexible filament splicing structure of claim 17, wherein an area of the reinforcing plate is greater than an area of the at least one LED chip (Cruese, fig. 1C: area of 130 greater than area of 120).
Regarding claim 20, Holec teaches the flexible filament splicing structure of claim 1, further comprising at least one reinforcing layer (¶ 0266: support layer).
Holec does not teach wherein the at least one reinforcing layer is disposed on the flexible substrate, and the at least one reinforcing layer has a cellular mesh structure.
Creusen teaches a flexible filament structure (¶ 0081 & fig. 4: 100) including a reinforcing layer (¶ 0082: 610), wherein the reinforcing layer is disposed at a position of a flexible substrate (¶ 0084 & fig. 4: 610 positioned at a position of 110), and the at least one reinforcing layer has a cellular mesh structure (fig. 4: 610 comprises at least one row of a cell structure).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure the flexible filament splicing structure of Holec with a cellular mesh reinforcing layer, as a means to make the substrate more rigid and prevent it from twisting, while allowing movement in predetermined directions (Cruesen, ¶ 0085).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Holec as applied to claim 1 above, and further in view of Kurtz et al. (PG Pub. No. US 2007/0233208 A1).
Regarding claim 19, Holec teaches the flexible filament splicing structure of claim 1, wherein the conductive circuit layer is provided with a conductive circuit (¶ 0144: 1960 comprises a circuit with conductive paths), and the conductive circuit is arranged on the flexible substrate (fig. 22b: 1960 arranged on 1912 and/or 1916).
Holec does not teach the conductive circuit is arranged in a serpentine shape.
Kurtz teaches a flexible filament structure (¶ 0044, fig. 7B) including a conductive circuit arranged in a serpentine shape (¶ 0079 & fig. 7B: circuitry 360 comprises a serpentine shape).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to arrange the conductive circuit of Holec in a serpentine shape, as a means to reduce rigidity and further improve flexibility (¶ 0063).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fujikawa et al. (PG Pub. No. US 2021/0036201 A1) teaches a flexible filament (¶ 0026: 2) including a joining region (lands 21) extending from ends of a flexible substrate (¶ 0052 & fig. 9A: portions 25 extend from an end of 2).
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/BRIAN TURNER/Examiner, Art Unit 2818
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