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 1-3 and 6-11 are 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.
Claim 1, dependent claims 2 and 3, and claims 6-11 which include all the limitations of claim 1 are indefinite as to the composition of the sintering additive. Since the composition of the sintering additive is not disclosed and it is unclear which metal from the phosphor, Ce, Al and/or A, will react with the sintering additive so as to form the oxide layer, these clams are also indefinite as to the composition of the oxide layer. It is noted that the only sintering additives taught in the specification are MgO and CaO and the only oxide layer compositions taught in the specification are MgAl2O4 and CaAl2O4.
Allowable Subject Matter
Claims 4 and 5 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.
There is no teaching or suggestion in the art of record of a phosphor comprising a phosphor body including a phosphor phase formed of A3Al5O12:Ce having a garnet structure where A is at least one of Y, Lu, Gd, Tb and Ga; a matrix phase having a refractive index higher than a refractive index of the phosphor phase; and 0.1-0.9 vol%, based on the volume ratio with respect to the phosphor body, of an oxide layer provided between the phosphor phase and the matrix phase, wherein the oxide layer is MgAl2O4 or CaAl2O4.
CN 105957946 is cited as of interest in that it teaches a fluorescent ceramic produced by sintering a mixture of Y3Al5O12:Ce, a sintering aid such as MgO or CaO and a matrix raw material which can be AlN. The amounts of the sintering aid is not taught in the reference and thus there is no teaching or suggestion in the art to select an amount of sintering aid so as to produce 0.1-0.9 vol%, based on the volume ratio with respect to the phosphor body, of an oxide layer provided between the phosphor phase and the matrix phase, wherein the oxide layer is formed by the reaction of Y3Al5O12:Ce and the sintering aid.
WO 2019/200934 is cited as of interest in that it teaches a phosphor comprising a phosphor body including a phosphor phase formed of Y3Al5O12:Ce having a garnet structure; an AlN matrix phase and an aluminum oxynitride layer provided between the phosphor phase and the matrix phase.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
8/14/26
