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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 8-14, and 16-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Newly amended claims 1, 9, and 16 require that at least one of the wavelength converters includes semiconductor particles disposed on a surface of a phosphor particle core. This limitation is not supported in the original disclosure. The original disclosure recites semiconductor nanoparticles disposed on a surface of an inactivated crystalline host material. Inactivated crystalline host material is not a phosphor. Claims 2-6 and 8 depend from claim 1. Claims 10-14 depend from claim 9. Claims 17-20 depend from claim 16.
Appropriate correction is required.
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.
The instant claims contain the transitional phrase “comprising”. Per MPEP 2111.03 ‘The transitional term “comprising”, which is synonymous with “including,” “containing,” or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps'. This open-ended definition has been taken into consideration in the following rejections.
Claims 1-6, 8-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0027971 A1 to Anc et al. (hereinafter Anc).
Regarding claim 1, Anc discloses a light emitting device (Fig. 1) comprising:
a substrate (101, para [0021]);
a light emitter disposed on the substrate (102, LED para [0021]); and
a radiation-conversion layer disposed on the substrate (103, disposed on the LED),
wherein:
the radiation-conversion layer includes wavelength converters (103a and 103b, para [0021]), and mixed light having a peak wavelength that is different from a peak wavelength of light emitted from the light emitter is formed by mixing the light emitted from the light emitter and light emitted from each of the wavelength converters (para [0062]);
at least one of the wavelength converters (Figs. 2D and 2E) includes semiconductor nanoparticles (open circles 204, quantum dots, para [0067]) disposed on a surface of a phosphor particle core (filled circles, 203, para [0067]), and a sealing coating encapsulating the semiconductor nanoparticles on the phosphor particle core (matrix, 202, para [0067]). The phosphor is selected form a group that emits red and/or green light (para [0045]). Figs 2D and 2E show some semiconductor nanocrystals (open 204) disposed on phosphor cores (filled 204). The sealing coating is optically transparent (para [0036]) and does not contribute to light emission. Therefore, substantially all light emission is from the phosphor and semiconductor nanoparticles.
Anc further discloses that at least one of the wavelength converters emits light having a peak wavelength in a spectral range of about 620 nm in Example 2 (para [0103]), which falls within the instantly claimed range of about 610nm to about 650nm. The broad teaching of the reference recites red emitting semiconductor nanocrystals (para [0022]). Red light has a peak wavelength in a spectral range of about 601 to about 670 nm, which overlaps the instantly claimed range of about 610nm to about 650nm. See MPEP 2144.05(I), which states that ‘In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists’.
Regarding claim 9, Anc discloses a light emitting device (Fig. 1) comprising:
a substrate (101, para [0021]);
a light emitter disposed on the substrate (102, LED para [0021]); and
a radiation-conversion layer disposed on the substrate (103, disposed on the LED),
wherein:
the radiation-conversion layer includes wavelength converters (103a and 103b, para [0021]), and mixed light having a peak wavelength that is different from a peak wavelength of light emitted from the light emitter is formed by mixing the light emitted from the light emitter and light emitted from each of the wavelength converters (para [0062]);
at least one of the wavelength converters (Figs. 2D and 2E) includes semiconductor nanoparticles (open circles 204, quantum dots, para [0067]) disposed on a surface of a phosphor particle core (filled circles, 203, para [0067]), and a sealing coating encapsulating the semiconductor nanoparticles on the phosphor particle core (matrix, 202, para [0067]). The phosphor is selected form a group that emits red and/or green light (para [0045]). Figs 2D and 2E show some semiconductor nanocrystals (open 204) disposed on phosphor cores (filled 204). The sealing coating is optically transparent (para [0036]) and does not contribute to light emission. Therefore, substantially all light emission is from the phosphor and semiconductor nanoparticles.
See MPEP 2144.05(I), cited above.
Regarding claim 16, Anc discloses a light emitting device (Fig. 1) comprising:
a substrate (101, para [0021]);
a light emitter disposed on the substrate (102, LED para [0021]); and
a radiation-conversion layer disposed on the substrate (103, disposed on the LED),
wherein:
the radiation-conversion layer includes wavelength converters (103a and 103b, para [0021]), and mixed light having a peak wavelength that is different from a peak wavelength of light emitted from the light emitter is formed by mixing the light emitted from the light emitter and light emitted from each of the wavelength converters (para [0062]);
at least one of the wavelength converters (Figs. 2D and 2E) includes semiconductor nanoparticles (open circles 204, quantum dots, para [0067]) disposed on a surface of a phosphor particle core (filled circles, 203, para [0067]), and a sealing coating encapsulating the semiconductor nanoparticles on the phosphor particle core (matrix, 202, para [0067]). The phosphor is selected form a group that emits red and/or green light (para [0045]). Figs 2D and 2E show some semiconductor nanocrystals (open 204) disposed on phosphor cores (filled 204). The sealing coating is optically transparent (para [0036]) and does not contribute to light emission. Therefore, substantially all light emission is from the phosphor and semiconductor nanoparticles.
See MPEP 2144.05(I), cited above.
Anc further discloses that the light emitted is red (para [0022]). In the CIE1931 color coordinates, red light overlaps light having coordinates of x>0.66 and y<0.33. See MPEP 2144.05(I), cited above.
Regarding claims 2, 3, 10, 11, 17, and 18, Anc discloses the light emitting devices of claim 1, claim 9, and claim 16, respectively, wherein the radiation-conversion layer further comprises an optical coupling material disposed between the wavelength converters and the light emitter, wherein the optical coupling material includes a light-guiding material (reflector, 104, Fig. 1 and para [0021]).
Regarding claims 4, 12, and 19, Anc discloses the light emitting devices of claim 1, claim 9, and claim 16, respectively, wherein the mixed light includes peak wavelengths that are in different color regions from one another (red, green or yellow phosphors, para [0045] and red or green quantum dots, para [0062]).
Regarding claims 5, 13, and 20, Anc discloses the light emitting devices of claim 4, claim 12, and claim 19, respectively. Anc further discloses that at least one of the wavelength converters (quantum dots) has narrow-band emission (30-50 nm, para [0005]) but fails to expressly disclose that the wavelength converter has full widths at half maximum (FWHM) that are narrower than a peak wavelength in a green region.
However, it would be obvious to one of ordinary skill in the art to optimize the optical properties of the quantum dots and the phosphor, including but not limited to optimizing FWHM, to create wavelength converters with precisely designed output spectra and ultimately create finely tuned emission colors (para [0005]) with the desired color temperature (para [0022]).
Regarding claims 6 and 14, Anc discloses the light emitting device of claim 4 and claim 12. Anc further discloses that at least one of the wavelength converters (quantum dots) have narrow-band emission (30-50 nm, para [0005]) but fails to expressly disclose wherein at least one of the wavelength converters has a full width at half maximum (FWHM) of 20 nm or less.
However, it would be obvious to one of ordinary skill in the art to optimize the optical properties of the quantum dots and the phosphor, including but not limited to optimizing FWHM, to create wavelength converters with precisely designed output spectra and ultimately create finely tuned emission colors (para [0005]) with the desired color temperature (para [0022]).
Regarding claim 8, Anc discloses the light emitting device of claim 1, and further discloses that the light emitted is red (para [0022]). In the CIE1931 color coordinates, red light overlaps light having coordinates of x>0.66 and y<0.33. See MPEP 2144.05(I), cited above.
Response to Arguments
Applicant's arguments filed 2/13/26, regarding the 112(a) rejection, have been fully considered but they are not persuasive. It is the examiner’s position that the original disclosure does not provide support for the limitation “semiconductor nanoparticles disposed on a surface of a phosphor particle core” as set forth in instant claim 1. The original disclosure does not recite the term “phosphor core” anywhere in the document. The original disclosure does support semiconductor nanoparticles on the surface of inactivated crystalline materials and inactivated matrix materials in para [0154]. Applicant argues that “in the field of luminescent materials and solid-state lighting, a phosphor is fundamentally a crystalline (or polycrystalline) host material, typically an inorganic crystalline lattice doped with one or more activators, that emits light upon excitation. Accordingly, a phosphor particle core is, by definition, a crystalline host material”. The examiner respectfully disagrees. A phosphor is not both activated and inactivated. It is established in the art that a phosphor comprises a host and an activator/dopant to emit light. Without a dopant, the inactivated crystalline host material is not a phosphor and does not emit light upon excitation. It is merely a crystalline material. The original disclosure recites semiconductor nanoparticles disposed on inactivated crystalline materials. There is no support for semiconductor nanoparticles disposed on activated materials that emit light, particularly phosphor cores. Applicant has not shown support for this limitation.
Applicant further argues that “The term "inactivated" is used in the Specification to describe the functional role of the host material relative to the semiconductor nanoparticles disposed thereon, not to negate the crystalline or phosphor nature of the host”. The examiner agrees that the term “inactivated” describes the functional role of the host. The host is not activated and does not emit light without an activator. Neither does to term speak to crystallinity. However, the examiner respectfully disagrees that the term does not negate the phosphor nature of the host. The inactivated host lacks the activator that emits light upon exposure to an excitation source.
Applicant further argues that “The written description does not require verbatim correspondence between claim language and the Specification, but rather that the disclosure reasonably convey to a person of ordinary skill in the art that the inventors were in possession of the claimed subject matter, which is satisfied here. Accordingly, the original disclosure reasonably conveys possession of wavelength converters including semiconductor nanoparticles disposed on the surface of a phosphor particle core”. The examiner respectfully disagrees. The term “phosphor core” does not appear in the disclosure. The only reference to semiconductor nanoparticles disposed on another material in the disclosure, states that the semiconductor nanoparticles are disposed on inactivated crystalline materials and inactivated matrix materials, as discussed above.
In the luminescent art, phosphors comprise host materials in combination with a dopant/activator to emit light upon exposure to an excitation source. An inactivated host does not have an activator and is not a phosphor as it will not emit light upon exposure to the same source. These are the ordinary and meanings of “phosphor” and “inactivated”. See MPEP 2111.01(IV), which states that ‘The only exceptions to giving the words in a claim their ordinary and customary meaning in the art are (1) when the applicant acts as their own lexicographer; and (2) when the applicant disavows or disclaims the full scope of a claim term in the specification. To act as their own lexicographer, the applicant must clearly set forth a special definition of a claim term in the specification that differs from the plain and ordinary meaning it would otherwise possess’. Applicant has not redefined either term in the original disclosure.
Therefore, the 112(a) rejection of claims 1-6, 8-14, and 16-20 stands.
The 112(a) rejection of claim 21 is moot because the claim has been canceled.
The 112(d) rejection of claim 21 is also moot because the claim has been canceled.
Applicant's arguments filed 2/13/26, regarding Anc, have been fully considered but they are not persuasive. Applicant argues that Anc recites a wavelength converter in Figs. 2A-2E in which phosphor particles 203 and semiconductor particles 204 are independently dispersed in polymer material 202. Applicant also argues that the phosphor and semiconductor particles are separate and distinct rather than in the instantly claimed configuration, particularly wherein particles 204 are disposed on particles 203. The examiner agrees that Figs. 2A-2C show embodiments wherein the phosphor and semiconductor particles are separate and distinct. However, the embodiments of Figs. 2D and 2E show semiconductor particles 204 (open) in contact with the surface of a phosphor particle 203 (closed) in a single layer 201 of a wavelength converter (para [0071]-[0072]). Para [0069] defines 201 as a single layer. The instant claims recite “at least one of the wavelength converters includes semiconductor nanoparticles disposed on a surface of a phosphor particle core”. This condition is met. Some semiconductor 204 particles are disposed on the surface of a phosphor 203 core as described above and shown in Figs 2D and 2E.
Therefore, the 103 rejection of claims 1-6, 8-14, and 16-20 as obvious over Anc stands.
The 103 rejection of claim 21 as obvious over Anc is moot because the claim has been canceled.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE EDMONDSON whose telephone number is
(571)272-2678. The examiner can normally be reached M-F 10-6:30.
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/L.E./Examiner, Art Unit 1734
/Matthew E. Hoban/Primary Examiner, Art Unit 1734
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