Specification
The disclosure is objected to because of the following informalities:
Paragraph [0006] teaches a light source device that includes the light emitting device of the first aspect including a first light emitting device that emits light of a correlated color temperature range 7000-9200K and a second first light emitting device that emits light of a correlated color temperature range 2600-2900K. This wording makes it unclear if this aspect is stating the light emitting device of the first aspect contains both a first light emitting device that emits light of a correlated color temperature range 7000-9200K and a second first light emitting device that emits light of a correlated color temperature range 2600-2900K or if the light emitting device of the first aspect is either the first light emitting device that emits light of a correlated color temperature range 7000-9200K or the second first light emitting device that emits light of a correlated color temperature range 2600-2900K. If it is the first situation, it is unclear how the device of the first aspect which is disclosed as a single light emitting device can include two light emitting devices. It is noted that paragraphs [0085]-[0089] of the specification teaches to a light source device whose color of light is adjustable in a correlated color temperature range of 2600-9200K comprising a first light emitting device that emits light of a correlated color temperature range 7000-9200K and a second light emitting device that emits light of a correlated color temperature range 2600-2900K, wherein the first and/or second light emitting device is the light emitting device of the first aspect. Appropriate correction is required.
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 16-18 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 16 is indefinite as to which phosphors comprising europium, oxygen, silicon, at least one of calcium, strontium or barium and at least one of fluorine, chlorine or bromide and a peak emission wavelength in the range of 505-530 nm applicant intend to cover by this claim. It is noted that the specification teaches the paragraphs [0077] and [0114] the fourth paragraph may be Ca8MgSi4O16Cl2:Eu, which means that the specification indicates the fourth phosphor having a peak emission wavelength in the range of 505-530 nm has the formula M8MgSi4O16X2:Eu, where M is an alkaline earth element which must include at least one Ca, Sr and Ba, and X is a halogen which must include at least one of F, Cl and Br.
Claims 17 and 18 are directed to a light source device whose color of light is adjustable in a correlated color temperature range of 2600-9200K, comprising the light emitting device according to claim 1 and then teaches the light emitting device according to claim 1 comprises a first light emitting device that emits light of a correlated color temperature range 7000-9200K and a second light emitting device that emits light of a correlated color temperature range 2600-2900K. Thus the claims teaches the light emitting device of claim 1 includes two different light emitting devices. This limitation is indefinite since claim 1 is directed to a single light emitting device, and thus does not includes two different light emitting devices.
It is noted that paragraphs [0085]-[0089] of the specification teaches to a light source device whose color of light is adjustable in a correlated color temperature range of 2600-9200K comprising a first light emitting device that emits light of a correlated color temperature range 7000-9200K and a second light emitting device that emits light of a correlated color temperature range 2600-2900K, wherein the first and/or second light emitting device is the light emitting device according to claim 1. This is different from what is claimed.
Allowable Subject Matter
Claims 1-15 are allowed.
Claim 16-18 is would be allowable if claims 16 and 17 were rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
There is no teaching or suggestion in the cited art of record of a light emitting device comprising a light emitting element which emits light having a peak in the range of 440-470 nm and a wavelength conversion member including a plurality of phosphors which emit light when excited by the light emitted by the light emitting element; wherein the ratio of luminous intensity of emitted light of the device having a wavelength of 480 nm to luminous intensity of the light emitted by the light emitting element is 0.05-0.20; the ratio of luminous intensity of emitted light of the device having a wavelength of 530 nm to luminous intensity of the light emitted by the light emitting element is 0.2-0.35; and the ratio of luminous intensity of emitted light of the device having a wavelength of 550 nm to luminous intensity of the light emitted by the light emitting element is 0.23-0.38.
While light emitting devices comprising a light emitting element which emits light having a peak in the range of 440-470 nm and a wavelength conversion member including a plurality of phosphors which emit light when excited by the light emitted by the light emitting element wherein the phosphors in the wavelength conversion member can be those of claims 13-16 and/or emit light in the ranges of claims 11 or 12, as shown by U.S. patent application publications 2010/0224895 and 2017/0179347; there is no teaching or suggestion in these references nor in the art to adjust the ratio of phosphors so that the ratio of luminous intensity of emitted light of the device having a wavelength of 480, 530 and 550 nm to luminous intensity of the light emitted by the light emitting element at least overlap the claimed ranges.
Since the light emitting device of claim 1 is allowable, any device containing this device would also be allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
8/5/26
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