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
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 and 17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Bierhuizen (US 2009/0086508).
Regarding claim 1, Bierhuizen discloses an active LED structure (10)[0040] (fig. 1A) comprising an n-type layer (12) (fig. 1A), a p-type layer (16) (fig. 1A), and an active layer (14) (fig. 1A) between the n-type layer and the p-type layer; a dielectric reflective layer (32) [0046]on the active LED structure; and a lumiphoric material layer (30)[0044] between the dielectric reflective layer and the active LED structure, the lumiphoric material layer configured for wavelength conversion of at least a portion of light generated by the active LED structure [0044].
Regarding claim 17, Beeson et al. Bierhuizen discloses an active LED structure (10)[0040] (fig. 1A) comprising an n-type layer (12) (fig. 1A), a p-type layer (16) (fig. 1A), and an active layer (14) (fig. 1A) between the n-type layer and the p-type layer; and a lumiphoric material layer (30)[0044] between the dielectric reflective layer and the active LED structure, the lumiphoric material layer configured for wavelength conversion of at least a portion of light generated by the active LED structure [0044].
Claim(s) 1, and 17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Beeson (US 2007/0086211).
Regarding claim 1, Beeson et al. discloses an active LED structure (102)[0151] (fig. 14) comprising an n-type layer (132) [0040], a p-type layer (120) [0040], and an active layer (126) [0040] between the n-type layer and the p-type layer; a dielectric reflective layer (106) [0158] on the active LED structure; and a lumiphoric material layer (942)[0160] between the dielectric reflective layer and the active LED structure, the lumiphoric material layer configured for wavelength conversion of at least a portion of light generated by the active LED structure [0160].
Regarding claim 17, Beeson et al. discloses an active LED structure (102)[0151] (fig. 14) comprising an n-type layer(132) [0040], a p-type layer(120) [0040], and an active layer (126) [0040]between the n-type layer and the p-type layer; and a lumiphoric material layer(942)[0160] forming a pattern on the active LED structure, the lumiphoric material layer configured for wavelength conversion of at least a portion of light generated by the active LED structure[0160].
Claim(s) 1 2, 6 and 17-18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Osram Opto (WO 2009/095007) (paragraphs #s are to EPO English transtlation).
Regarding claim 1, Osram Opto discloses an active LED structure (20)[0050] (fig. 1) comprising an n-type layer [0050], a p-type layer [0050], and an active layer (30) (fig. 1) between the n-type layer and the p-type layer; a dielectric reflective layer (50) [0065]on the active LED structure; and a lumiphoric material layer (100)[0062] between the dielectric reflective layer and the active LED structure, the lumiphoric material layer configured for wavelength conversion of at least a portion of light generated by the active LED structure [0062].
Regarding claim 2, Osram Opto discloses a metal reflective layer (60)(fig. 2) on the dielectric reflective (50) layer such that the dielectric reflective layer is between the metal reflective layer and the lumiphoric material layer (fig. 2).
Regarding claim 6, Osram Opto discloses the lumiphoric material layer comprises a plurality of lumiphoric particles [0035] and a binder layer (transparent matrix, epoxy resin, pmma, silicone resin)[0033]
Regarding claim 17, Osram Opto discloses an active LED structure (20)[0050] (fig. 1) comprising an n-type layer [0050], a p-type layer [0050], and an active layer (30) (fig. 1) between the n-type layer and the p-type layer; and a lumiphoric material layer (100)[0062] between the dielectric reflective layer and the active LED structure, the lumiphoric material layer configured for wavelength conversion of at least a portion of light generated by the active LED structure [0062].
Regarding claim 18, Osram Opto discloses the lumiphoric material layer comprises a plurality of lumiphoric particles [0035] and a binder layer (transparent matrix, epoxy resin, pmma, silicone resin)[0033].
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.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beeson (US 2007/0086211) as applied to claim 1 above.
Beeson et al. disclose an active LED structure (102)[0151] (fig. 14) comprising an n-type layer (132) [0040], a p-type layer (120) [0040], and an active layer (126) [0040] between the n-type layer and the p-type layer; a dielectric reflective layer (106) [0158] on the active LED structure; and a lumiphoric material layer (942)[0160] between the dielectric reflective layer and the active LED structure, the lumiphoric material layer configured for wavelength conversion of at least a portion of light generated by the active LED structure [0160].
Beeson et al. fails to explicitly disclose the lumiphoric material layer comprises a plurality of lumiphoric particles and a binder layer in figure 14.
However figures 12 and 13 disclose a lumiphoric particles (902, 922)[0142, 0143]and a binder (910,930)[0146].
The examiner submits it would be obvious to combine the binder layer in figure 13 in order to cover and protect the particle layer in figure 14.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (covering the lumiphoric particles with aluminum oxide to protect the lumiphoric particles from moisture) , and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the aluminium oxide would protect the lumiphoric particles from moisture).
Regarding claim 7, Beeson et al. disclose the binder layer comprises aluminum oxide [0146].
Regarding claim 8, Beeson et al. disclose the lumiphoric material layer comprises a plurality of lumiphoric particles arranged in a pattern of regions within a binder layer (figure 14 shows the particles 910 and 930 pattererned and within the binder layer.)
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beeson (US 2007/0086211).
Beeson et al. providing an active LED structure (102) (fig. 13) comprising an n-type layer(132) [0040], a p-type layer (120) [0040], and an active layer (126) [0040] between the n-type layer and the p-type layer; deposing a binder layer (930)[0154] on the plurality of lumiphoric particles[0141, 0142,0153] to form a lumiphoric material layer comprising the plurality of lumiphoric particles and the binder layer, the lumiphoric material layer (922)[0152] configured for wavelength conversion of at least a portion of light generated by the active LED structure.
Beeson et al. fails to explicitly disclose forming a dielectric reflective layer on the lumiphoric material layer such that the lumiphoric material layer is between the dielectric reflective layer and the active LED structure.
Figure 14 discloses forming a dielectric reflective layer on the lumiphoric material layer such that the lumiphoric material layer is between the dielectric reflective layer and the active LED structure.
The combination of figures 13 and 14 would result in the claimed combination.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using a reflector layer over the binder layer) , and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the reflector layer would reflect light).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beeson (US 2007/0086211) as applied to claim 9 above and further in view of Londergan et al. (US 2008/0231931).
Beeson disclose the invention supra. Beeson discloses an aluminum oxide binder.
Beeson fails to disclose depositing the binder by atomic layer deposition [0146].
Londergan it was known to form aluminum oxide by ALD[0113].
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (depositing aluminum oxide by ALD) , and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the ALD would form a conformal aluminum oxide).
Regarding claim 11, Beeson disclose an aluminum oxide binder [0146].
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beeson (US 2007/0086211) as applied to claim 9 above and further in view of Chitnis et al. (US 2009/0261358).
Beeson disclose the invention supra. Beeson disclose patterned lumiphoric particles in figure 13 and 14.
Beeson fails to disclose selectively removing portions of the plurality of lumiphoric particles over portions of the active LED structure before depositing the binder layer.
Chitnis et al. disclose the selective removal of phosphors (lumiphoric particles)[0086].
The combination of Beeson and Chitnis et al. would form the patterns over over portions of the active LED structure before depositing the binder layer.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (patterning a layer) , and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (pattened lumiphoric particles).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beeson (US 2007/0086211) as applied to claim 9 above and further in view of Osram Opto (WO 2009/095007) (paragraphs #s are to EPO English transtlation).
Beeson disclose the invention supra.
Beeson fails to disclose disclose forming a metal reflective layer on the dielectric reflective layer such that the dielectric reflective layer is between the metal reflective layer and the lumiphoric material layer.
Osram Opto discloses a metal reflective layer (60)(fig. 2) on the dielectric reflective (50) layer such that the dielectric reflective layer is between the metal reflective layer and the lumiphoric material layer (fig. 2).
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using a metal reflective layer) , and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the metal layer would reflect).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beeson (US 2007/0086211) as applied to claim 17 above.
Beeson et al. disclose an active LED structure (102)[0151] (fig. 14) comprising an n-type layer (132) [0040], a p-type layer (120) [0040], and an active layer (126) [0040] between the n-type layer and the p-type layer; and a lumiphoric material layer (942)[0160] between the dielectric reflective layer and the active LED structure, the lumiphoric material layer configured for wavelength conversion of at least a portion of light generated by the active LED structure [0160].
Regarding claim 18, Beeson et al. fails to explicitly disclose the lumiphoric material layer comprises a plurality of lumiphoric particles and a binder layer in figure 14.
However figures 12 and 13 disclose a lumiphoric particles (902, 922)[0142, 0143]and a binder (910,930)[0146].
The examiner submits it would be obvious to combine the binder layer in figure 13 in order to cover and protect the particle layer in figure 14.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (covering the lumiphoric particles with aluminum oxide to protect the lumiphoric particles from moisture) , and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the aluminium oxide would protect the lumiphoric particles from moisture).
Regarding claim 19, Beeson et al. disclose the binder layer comprises aluminum oxide [0146].
Regarding claim 20, Beeson et al. disclose the lumiphoric material layer comprises a plurality of lumiphoric particles arranged in a pattern of regions within a binder layer (figure 14 shows the particles 910 and 930 pattererned and within the binder layer.)
Allowable Subject Matter
Claims 3-5, 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY K SMITH whose telephone number is (571)272-1884. The examiner can normally be reached Monday-Friday, 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marlon Fletcher can be reached at 571-272-2063. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY SMITH/Primary Examiner, Art Unit 2817
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