Information Disclosure Statement
JP 2004-507054, JP 2013-538253, JP 2009-506195 and JP 2021-5128993 cited in the information disclosure statement of 5 November 2025 have been considered with respect to the formulas in these references.
Specification
The disclosure is objected to because of the following informalities:
The conjunction is missing from between “Ca” and “Mg” and from between “K” and “Rb” in paragraph [0008]. The definition of the variable “v” is missing from the specification. 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 1-5, 10, 19 and 20 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 is indefinite since the conjunction is missing from between “Ca” and “Mg” and from between “K” and “Rb”.
Claim 1 does not define the variable “v”. Claims 2-5 and 10 depend from claim 1 and do not define the variable “v”. Claims 19 and 20 includes all the limitations of claim 1 and do not define the variable “v”. Since this variable is not defined, these claims are indefinite.
Allowable Subject Matter
Claims 6-9 and 11-18 are objected to as being dependent upon a rejected base claim, but would be allowable if either claim 1 is 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 or claims 6-9 and 11-18 are rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 1-5, 10, 19 and 20 would be allowable if claim 1 is rewritten or amended to overcome the rejections 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 photoluminescent composition having the formula AE1-x-y-uAy+uBe1-y-z-vBy+z+vSi1-zAlzO1-vN2+v:Eux,Ceu wherein AE is at least one of Ba, Sr, Ca and Mg; A is at least one of Li, K, Na and Rb; x=0-1; u=0-1; y=0-1; z=0-1; v=0-1; 0<(x+u); (y+z+v)<1; and (x+y+u)<1.
U.S. patent application publication 2006/0255710 is cited as of interest since it teaches a similar photoluminescent composition having the formula (Ca1-x-y-zSrxBayMgz)1-n(Al1-a-bBaSib)N3-bOb:REn wherein n is 0.001-0.2, Re is Eu or Ca, x=0-1, y=0-1, z=0-1, a=0-1 and 0<b<1. This taught composition is different from that claimed since the A and beryllium free embodiment of the claimed composition has the formula AE1-xBSi1-zAlzO1-vN2+v:xEu where in z+v=1. The relationship between B, Si, Al, O and N in this formula is different from that taught in U.S. patent application publication 2006/0255710.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
7/30/26
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