Prosecution Insights
Last updated: August 17, 2026
Application No. 18/717,514

Phosphor Converted LEDS With Improved Light Uniformity Including Discrete Light-Scattering Layers

Non-Final OA §102§103
Filed
Jun 07, 2024
Priority
Dec 10, 2021 — provisional 63/288,104 +1 more
Examiner
BREVAL, ELMITO
Art Unit
Tech Center
Assignee
Lumileds LLC
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
1076 granted / 1405 resolved
+16.6% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
42 currently pending
Career history
1440
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
28.2%
-11.8% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1405 resolved cases

Office Action

§102 §103
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 § 102 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 (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. 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. Claim(s) 1-3 and 6-11 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Nakagawa et al. (US. Pub: 2015/0263243 A1~hereinafter “Nakagawa”) of record. Regarding claim 1, Nakagawa discloses (in at least fig. 1) a light emitting device comprising: a light emitting diode (LED) die (10) in a reflector cup (45); a first light-scattering layer (20; [0026]-[0027]) contacting a side surface of the LED die (10), and a bottom wall and a sidewall of the reflector cup (45), the first light-scattering layer (20) comprising light-scattering particles (23) and a first binder material ([0026]); and a second light-scattering layer (30) contacting at least a top surface of the LED die (10) and the first light-scattering layer (20) at an interface, the second light-scattering layer (30) comprising phosphor particles (31) and a second binder material ([0020]; [0028]-[0030]). Regarding claim 2, Nakagawa discloses (in at least fig. 1) a combination of the first light-scattering layer (20) and the second light-scattering layer (30) fills the reflector cup around the LED die (10). Regarding claim 3, Nakagawa discloses (in at least fig. 1) the first light-scattering layer (20) and the second light-scattering layer (30) differ with respect to one or more of the following characteristics: kinematic viscosity at 25° C.; refractive index; type of particles; the light-scattering particles of the first light-scattering layer (20) and the phosphor particles of the second light-scattering layer (30) are different material ([0026]-[0028]; [0030]); type of binder material: the first binder of the first light-scattering layer and the second binder material of the second light-scattering layer are different materials; and particles loading: a first weight or volume ratio of the light-scattering particles of the first light-scattering layer to the first binder material differs from a second weight or volume ratio of the phosphor particles of the second light-scattering layer to the second binder material. Regarding claim 6, Nakagawa discloses (in at least fig. 1) the second light-scattering layer (30) contacts the side surface of the LED die (10). Regarding claim 7, Nakagawa discloses (in at least fig. 1) the first and second binder materials are the same material ([0026]; [0028]). Regarding claim 8, Nakagawa discloses (in at least fig. 1) the first and second binder materials independently comprises a silicone polymer ([0026]; [0028]). Regarding claim 9, Nakagawa discloses (in at least fig. 1) the light-scattering particles of the first light-scattering layer and the phosphor particles of the second light-scattering layer are different materials ([0027]; [0030]). Regarding claim 10, Nakagawa discloses (in at least fig. 1) the light-scattering particles of the first light-scattering layer (20) comprise one or more of: silica, titania, sapphire, and alumina ([0027]); and the phosphor particles of the second light-scattering layer (30) comprise yellow-emitting wavelength converting material, or green and red emitting wavelength converting materials ([0030]). Regarding claim 11, Nakagawa discloses (in at least fig. 1) the LED die (10) emits blue light ([0018]) and wherein the phosphor particles of the second light-scattering composition emits a light that, combined with the blue light, creates a white light ([0003]). Claim Rejections - 35 USC § 103 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 (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. 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(s) 4-5, 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa et al. (US. Pub: 2015/0263243 A1~hereinafter “Nakagawa”) of record in view of (JP-6934712 B2~ hereinafter “JP”) of record. Regarding claims 12 and 4, Nakagawa discloses (in at least fig. 1) a light source comprising: one or more light emitting diode (LED) dies (10) in a reflector cup (45); a first light-scattering layer (20) contacting side surfaces of the one or more LED dies (10), and a bottom wall and a sidewall of the reflector cup (45), the first light-scattering layer (20) comprising light-scattering particles ([0027]) and a first binder material ([0026]); and a second light-scattering layer (30) spanning a width of the reflector cup (45), and the first light-scattering layer (20) at an interface, the second light-scattering layer (30) comprising phosphor particles and a second binder material ([0028]); wherein a combination of the first light-scattering layer (20) and the second light-scattering layer (30) fills the reflector cup around the one or more LED dies (10). Nakagawa does not expressly disclose the light-scattering particles of the first light-scattering layer and the phosphor particles of the second light-scattering layer are the same material, and a first concentration of the particles of the first light-scattering layer is less than a concentration of the particles of the second light-scattering layer. JP in the same field of endeavor discloses (in at least fig. 1) “a first phosphor layer 12 containing a phosphor and directly or indirectly covering the upper surface of the light emitting element 10. A second phosphor layer 13, which contains a phosphor having a concentration lower than that of the first phosphor layer 12 and covers at least the side surface of the light emitting element 10, and a first phosphor layer 12 and a second phosphor” for the benefit of having a light source with improved front luminance (see background text). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light source device of Nakagawa with the phosphor teachings of JP for the benefit of having a light source with improved front luminance. Regarding claims 13 and 5, Nakagawa as modified by JP does not expressly disclose the reflector cup has an aspect ratio (width to height) of in a range of 2.5:1 to 60:1. However, Nakagawa discloses (in at least fig. 1; [0023]) the cup reflector (45) is provided on the base (40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light source of Nakagawa as modified by JP such that the reflector cup has an aspect ratio (width to height) of in a range of 2.5:1 to 60:1, since it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 14, Nakagawa discloses (in at least fig. 1) a mount (40) to which the reflector cup (45) is affixed; but is silent about a drive circuit in communication with the mount, the drive circuit configured to provide current to the mount to illuminate the LED dies. However, it is well-known in the art to form a light source device comprised of, in part, a drive circuit in communication with the mount, wherein the drive circuit is configured to provide current to the mount to illuminate the LED dies as evident by Matsumura et al. (US. Pat: 9,117,979 B2~hereinafter “Matsumura”) of record. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light source of Nakagawa as modified by JP with the circuit board of Matsumura in order to provide current to the mount to illuminate the LED. Regarding claim 15, Nakagawa discloses (in at least fig. 1) the second light-scattering layer (30) is in contact with at least a top surface of the one or more LED dies (10). Regarding claim 16, Nakagawa discloses (in at least fig. 1) the first light-scattering layer (20) is in contact with at least a top surface of the one or more LED dies (10). Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa et al. (US. Pub: 2015/0263243 A1~hereinafter “Nakagawa”) of record. Regarding claim 17, Nakagawa discloses (in at least fig. 1) a method of manufacturing a light emitting device comprising: positioning one or more light emitting diode (LED) dies (10) in a reflector cup (45); dispensing a first light-scattering composition (20) into the reflector cup, contacting side surfaces of the one or more LED dies (10), and a bottom wall and a sidewall of the reflector cup (45), the first light-scattering layer (20) comprising light-scattering particles (23; [0027]) and a first binder material ([0026]); dispensing a second light-scattering composition (30) into the reflector cup (45), the second light-scattering composition (30) comprising phosphor particles and a second binder material ([0028]). Nakagawa does not expressly disclose partially curing the first light-scattering composition to form an intermediate first light-scattering formation; and curing the intermediate first light-scattering formation and the second light-scattering composition to form a first light-scattering layer and a second light-scattering layer, respectively, and an interface therebetween. However, Nakagawa discloses (in at least fig. 1; [0026] and [0028]) the first light-scattering composition (20) is injected into the space between the light-emitting diode (LED) (10) and the reflector (45) using a dispenser, for example, fills the corresponding space; and the second scattering composition (30) may be formed by potting or other method. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider using any suitable method such as partially curing the first light-scattering composition to form an intermediate first light-scattering formation of Nakagawa; and curing the intermediate first light-scattering formation and the second light-scattering composition to form a first light-scattering layer and a second light-scattering layer, respectively, and an interface therebetween in order to preserve the shape of the deposited phosphor silicone particles and to also help contain the phosphor silicone particles over the respective LEDs as disclosed by Soer et al. (US. Pub: 2021/0183824 A1~hereinafter “Soer”) at least paragraph ([0059]). Regarding claim 18, Nakagawa does not expressly disclose the light-scattering particles of the first light-scattering composition and the phosphor particles of the second light-scattering composition are the same material, and a first concentration of the particles of the first light-scattering composition is less than a concentration of the particles of the second light-scattering composition. However, it is well-known in the art to form a light source wherein the light-scattering particles of the first light-scattering composition and the phosphor particles of the second light-scattering composition are the same material, and a first concentration of the particles of the first light-scattering composition is less than a concentration of the particles of the second light-scattering composition as evident by (JP-6934712 B2~ hereinafter “JP”) of record which discloses (in at least fig. 1) “a first phosphor layer 12 containing a phosphor and directly or indirectly covering the upper surface of the light emitting element 10. A second phosphor layer 13, which contains a phosphor having a concentration lower than that of the first phosphor layer 12 and covers at least the side surface of the light emitting element 10, and a first phosphor layer 12 and a second phosphor” for the benefit of having a light source with improved front luminance (see background text). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light source device of Nakagawa with the phosphor teachings of JP for the benefit of having a light source with improved front luminance. Regarding claim 19, Nakagawa does not expressly disclose the reflector cup has an aspect ratio (width to height) of in a range of 2.5:1 to 60:1. However, Nakagawa discloses (in at least fig. 1; [0023]) the cup reflector (45) is provided on the base (40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light source of Nakagawa such that the reflector cup has an aspect ratio (width to height) of in a range of 2.5:1 to 60:1, since it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 20, Nakagawa discloses (in at least fig. 1) the first light-scattering layer (20) and the second light-scattering layer (30) differ with respect to one or more of the following characteristics: kinematic viscosity at 25° C.; refractive index; type of particles ([0026]-[0028]; [0030]): the light-scattering particles of the first light-scattering layer and the phosphor particles of the second light-scattering layer are the same material; type of binder material; and particles loading: a first weight or volume ratio of the light-scattering particles of the first light-scattering layer to the first binder material differs from a second weight or volume ratio of the phosphor particles of the second light-scattering layer to the second binder material. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R. Greece can be reached at 571-272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. ELMITO BREVAL Primary Examiner Art Unit 2875 /ELMITO BREVAL/Primary Examiner, Art Unit 2875
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Prosecution Timeline

Jun 07, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
87%
With Interview (+10.5%)
2y 3m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1405 resolved cases by this examiner. Grant probability derived from career allowance rate.

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