DETAILED ACTION
This Action is responsive to the Amendment filed on 02/05/2026.
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 is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/05/2026 has been entered.
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.
Claims 1-6 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Imai (US 2018/0158998), in view of Odnoblyudov (US 2015/0349221), in view of Kim (US 2016/0349445), in view of Liu (US 2010/0264432).
Regarding claim 1, Imai (see, e.g., FIG. 1(B), FIG. 1(C), FIG. 2) discloses an LED light emitting device comprising:
a mount substrate 10 having a base 10 (Para 0033);
an LED die 30 emitting blue light and mounted in a light emitting area e.g., central region of 10 on the mount substrate 10 (Para 0036);
a sealing resin 50 including fluorescent substance particles 51 and sealing the LED die 30 and a surface of the mount substrate 10 within the light emitting area e.g., central region of 10 (Para 0039, Para 0040, Para 0046);
the fluorescent substance particles 51 precipitate within the sealing resin 50 and form a fluorescent substance layer e.g., layer of 51 covering part of the lateral surface of the LED die 30 within the light emitting area e.g., central region of 10 (Para 0046-Para 0048),
Although Imai shows substantial features of the claimed invention, Imai fails to expressly teach a reflection layer containing silver and laminated on the base, and a multilayer reflection film laminated on the reflection layer; a DBR layer arranged on an undersurface of the LED die and shielding at least part of blue light emitted from the LED die; a transparent material arranged between the multilayer reflection film and the sealing resin so as to cover at least part of the surface of the mount substrate and an upper surface and side surface of the LED die and to adhere the sealing resin to the surface of the mount substrate; wherein the DBR layer is a layer in which a plurality of sets of dielectrics including a high-refractive index layer and a low-refractive index layer is laminated; and fluorescent substance particles form a fluorescent substance layer covering part of the lateral surface of the LED die and part of the surface of the multilayer reflection film.
Odnoblyudov (see, e.g., FIG. 2) teaches a mount substrate 220, 210, 205 having a reflection layer 210 containing silver and laminated on the base 220, and a multilayer reflection film 205 laminated on the reflection layer 210 for the purpose of providing an increase in light output (Para 0032-Para 0034).
The combination of Imai (see, e.g., FIG. 1(B), FIG. 1(C), FIG. 2) / Odnoblyudov (see, e.g., FIG. 2) teaches that fluorescent substance particles 51 (as taught by Imai) form a fluorescent substance layer e.g., layer of 51 (as taught by Imai) covering part of a lateral surface of the LED die 30 (as taught by Imai) and part of the surface of the multilayer reflection film 205 (as taught by Odnoblyudov).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the reflection layer containing silver and the multilayer reflection film on the reflection layer as described by Odnoblyudov to the base substrate in Imai for the purpose of providing an increase in light output for the light emitting package (Para 0034).
Kim (see, e.g., FIG. 2) teaches a DBR layer 29 arranged on an undersurface of the LED die 20 and shielding at least part of blue light emitted from the LED die 20, wherein the DBR layer 29 is a layer in which a plurality of sets of dielectrics 29a, 29b including a high-refractive index layer and a low-refractive index layer is laminated for the purpose of effectively adjusting light distribution by serving as a band-pass filter to restrain transmission of light having a specific wavelength and causes transmissivity to light to be varied according to incident angles (Para 0057, Para 0058, Para 0069, Para 0072).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the DBR layer as described by Kim to the undersurface of the die in the LED device of Imai/Odnoblyudov for the purpose of effectively adjusting light distribution by serving as a band-pass filter to restrain transmission of light having a specific wavelength and causes transmissivity to light to be varied according to incident angles (Para 0058).
Liu (see, e.g., FIG. 8A) teaches a transparent material 706 so as to cover at least part of the part of an upper surface of the mount 700 and an upper surface and side surface of the LED die 702 for the purpose of preventing the influence of moisture (Para 0041, Para 0042).
The combination of Imai (see, e.g., FIG. 1(B), FIG. 1(C), FIG. 2) / Liu (see, e.g., FIG. 8A) / Odnoblyudov (see, e.g., FIG. 2) teaches a transparent material 706 (as taught by Liu) arranged between the multilayer reflection film 205 (as taught by Odnoblyudov) and the sealing resin 50 (as taught by Imai) and to adhere the sealing resin 50 (as taught by Imai) to the surface of the mount substrate 10 (as taught by Imai), 205 (as taught by Odnoblyudov), 210 (as taught by Odnoblyudov) (Imai: Para 0039; Liu: Para 0042; Obnoblyudov: Para 0032-Para 0034).
Examiner Note: The Examiner notes that the transparent material, e.g., silicone resin, of Liu is similar to the transparent material as disclosed by Applicant (see, e.g., Para 0060 of the disclosure as originally filed), which would result in the claimed property of the transparent material having adhesive properties. The burden is upon the Applicant to prove otherwise. See In re Fitzgerald 205 USPQ 594.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the transparent material as described by Liu to the LED device as described by Imai/Odnoblyudov/Kim for the purpose of preventing the influence of moisture (Para 0042).
Regarding claim 2, Imai (see, e.g., FIG. 2) teaches the LED light emitting device according to claim 1, wherein the fluorescent substance layer e.g., layer of 51 includes a cohesive layer e.g., densely packed particles in which fluorescent substance particles 51 cohere.
Regarding claim 3, Imai (see, e.g., FIG. 2) teaches the LED light emitting device according to claim 1, wherein the fluorescent substance layer e.g., layer of 51 includes a cohesive layer e.g., densely packed particle layer in which fluorescent substance particles 51 cohere and a floating layer e.g., loosely scattered particle layer in which fluorescent substance particles 51 float.
Regarding claim 4, the combination of Imai (see, e.g., FIG. 2) / Odnoblyudov (see, e.g., FIG. 2) teaches the LED light emitting device according to claim 1, further comprising: a circuit substrate 20 (as taught by Imai) fixed on the mount substrate 10 (as taught by Imai) (Para 0035); and a wiring pattern 22A, 22B (as taught by Imai) arranged on the circuit substrate 20 (as taught by Imai) (Para 0035, Para 0036), wherein the LED die 30 (as taught by Imai) has a pair of electrodes e.g., pair of element electrodes (as taught by Imai) connected to the semiconductor laminate and emits blue light from the light emitting layer in response to a predetermined voltage being applied between the pair of electrodes via the wiring pattern 22A, 22B (as taught by Imai) and at least part of the fluorescent substance layer e.g., layer of 51 (as taught by Imai) is formed between the light emitting layer e.g., light emitting layer of LED element 30 (as taught by Imai) and the multilayer reflection film 205 (as taught by Odnoblyudov) (Imai: Para 0035, Para 0036; Odnoblyudov: Para 0032-Para 0034).
Although Imai shows substantial features of the claimed invention, Imai fails to expressly teach a transparent substrate, a semiconductor laminate having a light emitting layer laminated on the transparent substrate.
Kim (see, e.g., FIG. 2) teaches a transparent substrate 21, a semiconductor laminate 24, 25, 26 having a light emitting layer 25 laminated on the transparent substrate 21 for the purpose of providing a light extraction surface (Para 0063-Para 0065).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the transparent substrate as described by Kim to the LED die as described by Imai/Odnoblyudov for the purpose of providing a light extraction surface (Para 0063-Para 0064).
Regarding claim 5, Imai (see, e.g., FIG. 2) teaches the LED light emitting device according to claim 4, wherein the fluorescent substance particles 51 include first fluorescent substance particles e.g., large particles and second fluorescent substance particles e.g., small particles whose average particle diameter is smaller than that of the first fluorescent substance particles e.g., large particles (Para 0047), parts of the second fluorescence substance particles e.g., small particles are arranged between the first fluorescence substance particles e.g., large particles (Para 0047).
Regarding claim 6, Kim (see, e.g., FIG. 2) teaches the LED light emitting device according to claim 1, wherein the high-refractive index layer e.g., 29a is selected from a group including TiO2, ZrO2, ZnSe, Si3N4, Nb2O5, TaO5, and HfO2 and the low-refractive index layer e.g., 29b is selected from a group including SiO2, MgF2, Al2O3, and CaF (Para 0072).
Regarding claim 10, Odnoblyudov (see, e.g., FIG. 2) teaches the LED light emitting device according to claim 1, wherein the multilayer reflection film 205 includes one TiO2 layer and one SiO2 layer (Para 0033).
Regarding claim 11, Odnoblyudov show substantial features of the claimed invention; however, Odnoblyudov fail to specify that a film thickness of each of the TiO2 layer and the SiO2 layer configuring the multilayer reflection film 205 is 30 to 100 nm. Kim, on the other hand, does teach that the film 29 thickness of each of the TiO2 layer and the SiO2 layer configuring the multilayer reflection film 29 is 30 to 100 nm (Para 0110). However, differences in thicknesses will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such thickness difference is critical. “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the workable ranges by routine experimentation”. In re Aller, 220 F.2d 454,456,105 USPQ 233, 235 (CCPA 1955).
Since the applicant has not established the criticality (see next paragraph) of the film thickness of each of the TiO2 layer and the SiO2 layer configuring the multilayer reflection film to be 30 to 100 nm, it would have been obvious to one of ordinary skill in the art to utilize or modify the thickness of each of the TiO2 layer and the SiO2 layer in the multiplayer film of Odnoblyudov.
CRITICALITY
The specification contains no disclosure of either the critical nature of the claimed thickness of each of the TiO2 layer and the SiO2 layer configuring the multilayer reflection film or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Regarding claim 12, Imai (see, e.g., FIG. 1(B), FIG. 1(C), FIG. 2) teaches the LED light emitting device according to claim 4, wherein a number of the LED die 30 is two or more, and at least part of the fluorescent substance layer e.g., layer of 51 is formed between the LED dies 30 (Para 0033, Para 0036, Para 0047).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Imai (US 2018/0158998), in view of Odnoblyudov (US 2015/0349221), in view of Kim (US 2016/0349445), in view of Liu (US 2010/0264432), and further in view of Suh (US 2016/0380157).
Regarding claim 7, although Imai/Odnoblyudov/Kim/Liu show substantial features of the claimed invention, Imai/Odnoblyudov/Kim/Liu fail to expressly teach the LED light emitting device according to claim 1, further comprising: a metal film arranged between the undersurface of the LED die and the multilayer reflection film.
Suh (see, e.g., FIG. 3) teaches a metal film 45 arranged at the undersurface of the LED die 21, 23, 30 for the purpose of enhancing heat dissipation of the LED (Para 0039, Para 0054).
The combination of Imai (see, e.g., FIG. 1(B), FIG. 1(C), FIG. 2) / Odnoblyudov (see, e.g., FIG. 2) / Suh (see, e.g., FIG. 3) teaches that the metal film 45 (as taught by Suh) is arranged between the undersurface of the LED die 30 (as taught by Imai) and the multilayer reflection film 205 (as taught by Odnoblyudov).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the metal film as described by Suh to the LED die as described by Imai/Odnoblyudov for the purpose of enhancing heat dissipation of the LED die (Para 0054).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Imai (US 2018/0158998), in view of Odnoblyudov (US 2015/0349221), in view of Kim (US 2016/0349445), in view of Liu (US 2010/0264432), and further in view of Kasahara (JP 2010 090201 A).
Regarding claim 9, Imai (see, e.g., FIG. 2) teaches the LED light emitting device according to claim 1, further comprising: a die bond material e.g., transparent electrically insulative adhesive for mounting the LED die 30 on the mount substrate 10 (Para 0036).
Although Imai shows substantial features of the claimed invention, Imai fails to expressly teach that the die bond material containing titania, alumina, or silica as reflective material particles
Kasahara (see, e.g., FIG. 2) teaches the die bond material 1 containing titania, alumina, or silica as reflective material particles 2 for the purpose of providing a filler with excellent reflectivity in the entire visible wavelength region and the ability to maintain these characteristics even after aging at high temperatures (pg. 3, para 7, para 8; pg 4, para 1; pg 5, para 8-para 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the die bonding material in the device of Imai to include the titania, alumina, or silica as reflective material particles as described by Kasahara for the purpose of providing a filler with excellent reflectivity in the entire visible wavelength region and the ability to maintain these characteristics even after aging at high temperatures (pg. 3, para 7, para 8).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Imai (US 2018/0158998), in view of Odnoblyudov (US 2015/0349221), in view of Kim (US 2016/0349445), in view of Liu (US 2010/0264432), and further in view of Bemmerl (TW 2012 03614 A).
Regarding claim 13, Imai teaches the LED light emitting device according to claim 1, wherein the fluorescent substance particles 51 include first fluorescent substance particles e.g., large particles and second fluorescent substance particles e.g., small particles whose average particle diameter is smaller than that of the first fluorescent substance particles e.g., large particles (Para 0047).
Although Imai/Odnoblyudov/Kim/Liu show substantial features of the claimed invention, Imai/Odnoblyudov/Kim/Liu show fail to expressly teach the sealing resin contains fillers of 5 wt% to 10 wt% with respect to the sealing resin, and the particle diameter of the fillers are micron size of 1 µm or more and 25 µm or less and nano size.
Bemmerl (see, e.g., FIG. 2) teaches that the sealing resin 4 contains fillers e.g., particles of 5 wt% to 10 wt% with respect to the sealing resin 4, and the particle diameter of the fillers e.g., particles are micron size of 1 µm or more and 25 µm or less and nano size for the purpose of reflecting and/or scattering radiation generated by the semiconductor wafer (pg 1, para 7; pg 2, para 2, para 3, para 4, para 7; pg 4, para 7; pg 5, para 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sealing resin of Imai to include the fillers as described in Bemmerl for the purpose of reflecting and/or scattering radiation generated by the semiconductor wafer (pg 1, para 7).
Response to Arguments
Applicant's arguments filed 02/05/2026 have been fully considered but they are not persuasive.
Applicant argues:
Applicant argues that paragraph 0042 of Liu describes that "A transparent layer 706 can be configured to be coated on the first LED group 702 and the second LED group 704 to prevent these elements from the influence of moisture.". Other references cited in the Office Action do not disclose or suggest the transparent material of claim 13. Please also refer to the attached Comparison Table of References cited for claim 13 in the Office Action dated September 5, 2025. On the other hand, according to amended claim 1, a transparent material is arranged between the multilayer reflection film and the sealing resin so as to cover at least part of an upper surface of the mount substrate, the upper surface of the LED die and the lateral surface of the LED die and to adhere the sealing resin to the surface of the mount substrate. Therefore, the function of the transparent material of claim 1 is totally different from that of the transparent material 404 of Chakroborty or transparent layer 706 of Liu.
Examiner responds:
The Examiner disagrees. "The fact that appellant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious." Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). In this case, despite Liu reference indicating that the transparent material prevents elements from the influence of moisture does not prevent the transparent material from having adhesive properties.
All other arguments have been addressed in previous Office Actions.
Conclusion
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/ANTONIO B CRITE/Primary Examiner, Art Unit 2817
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