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 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 11, 14, 17, 20 is/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.
In claim 11, the phrase “under the midpoint” is unclear as to whether the reference direction is measured along height, side, or between specific geometric planes.
In claim 14, the phrase “bottom diameter” because if the “light emitting region” is not necessarily circular in every embodiment, “diameter” can create uncertainty as to the measured dimension.
In claim 17, the phrase “the first optic layer is provided in plurality” is awkward as to claim from / grammar.
In claim 20, the phrase “with respect to a perpendicular line” does not expressly identify what the line is perpendicular to.
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) 1-10, 12, 15, 18, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2020/0335673 (Kim [stet]).
Kim discloses (at least Figs. 2, 6, 8, 9)
1. A light emitting package, comprising:
a substrate 201 on which a circuit pattern 221, 223 is formed;
a first optic layer 120 arranged on the substrate 201 to be electrically connected to the circuit pattern 221, 223 (through 121, 122), and configured to generate and emit light;
a light controller 250 covering a side surface of the first optic layer 120, and configured to reflect light emitted from the side surface of the first optic layer 120; and
a second optic layer 260 covering the first optic layer and the light controller 250 and disposed on the substrate 201,
wherein the second optic layer 260 includes a securing region 265 secured on the substrate 201 and a light emitting region 261 disposed over the securing region 265,
wherein light emitted from the first optic layer 120 is emitted to an outside of the second optic 260 layer through the second optic layer 260, and
wherein at least a region of a bottom edge of the light controller 250 is disposed inside a region below the light emitting region 261 of the second optic layer 260.
Kim discloses
2. The light emitting package of claim 1, wherein the first optic layer 120 comprises:
a light generator 120/30 configured to generate light and emit first light (the LED) from at least a side surface or an upper surface of the light generator 120/30;
an optical characteristic converter 180/20 disposed over the light generator 120/30, and configured to emit the first light (the LED) and second light (light produced after conversion of first light) from a side surface and an upper surface of the optical characteristic converter 180/20; and
a connection pad 121, 122 disposed under the light generator 102/30, and connected to the circuit pattern 221, 223 of the substrate 201, wherein the optical characteristic converter is configured to convert optical characteristics of some of the first light (the LED) into optical characteristics of the second light (light produced after conversion of first light).
Kim discloses
3. The light emitting package of claim 2, wherein the optical characteristic converter 180/20 is configured to convert a wavelength band of some of the first light (the LED) into a wavelength band of the second light (light produced after conversion of first light).
Kim discloses
4. The light emitting package of claim 2, wherein the light generator 120/30 includes a first semiconductor layer doped with an n-type dopant, a second semiconductor layer doped with a p-type dopant, and an active layer disposed between the first semiconductor layer and the second semiconductor layer ([0085]).
Kim discloses
5. The light emitting package of claim 4, wherein the light generator 120/30 further includes a growth substrate on which the first semiconductor layer or the second semiconductor layer is grown, and arranged under the optical characteristic converter 180/20 ([0085]).
Kim discloses (at least Fig. 1)
6. The light emitting package of claim 1, wherein the bottom edge of the light controller 250 has a structure in which a first edge (top, bottom, left, right) having a first curvature and a second edge (corners) having a second curvature different from the first curvature are alternately arranged in a clockwise or counterclockwise direction.
Kim discloses (at least Fig. 1)
7. The light emitting package of claim 1, wherein a corner of the bottom edge of the light controller 250 has a curved shape.
Kim discloses
8. The light emitting package of claim 2, further comprising:
a separation layer 240/40 disposed under the optical characteristic converter 180/20, wherein the separation layer 240/40 is disposed along a side surface of the light generator 120/30 between the light generator 120/30 and the light controller 250/10, and is formed to cover at least a region of the side surface of the light generator 120/30.
Kim discloses
9. The light emitting package of claim 8, wherein the first light emitted from the side surface of the light generator 120/30 is reflected on an inner surface of the light controller 250 through the separation layer 240/40, and the first light reflected from the inner surface of the light controller 250 is incident on the optical characteristic converter 180/20 disposed over the separation layer 240/40.
Kim discloses
10. The light emitting package of claim 8, wherein the separation layer 240/40 is disposed to cover entire side surfaces of the light generator 120/30.
Kim discloses
12. The light emitting package of claim 8, wherein the separation layer 240/40 has a thickness at the side surface of the light generator 120/30, the thickness gradually decreasing from a top to a bottom of the light generator 120/30.
Kim discloses
15. The light emitting package of claim 1, wherein at least a region of the securing region 265 is in contact with an upper surface of the substrate 201.
Kim discloses
18. The light emitting package of claim 1, wherein the light controller 250 includes a silicone resin and titanium oxide (TiO2) dispersed in the silicone resin ([0105]).
Kim discloses
19. The light emitting package of claim 8, wherein the separation layer 240/40 includes a silicone resin through which light transmits ([0112]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 8 above, and further in view of U.S. Patent Application Publication No. 2016/0240746 (Yun), cited by Applicant.
Kim fails to disclose
13. The light emitting package of claim 8, wherein the separation layer has a thickness at the side surface of the light generator, the thickness gradually increasing from a top to a bottom of the light generator.
Yun teaches
A light emitting package comprising:
wherein the separation layer 34 has a thickness at the side surface of the light generator 20, the thickness gradually increasing from a top to a bottom of the light generator 20.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to provide a separation layer which has a thickness at the side surface of the light generator gradually increasing from a top to a bottom in Kim. The motivation would be the inclined surfaces may be used to guide light emitted from the semiconductor LED chip toward the wavelength conversion film as taught by Yun ([0010]).
Claim(s) 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 2 above, and further in view of U.S. Patent Application Publication No. 2011/0309388 (Ito), cited by Applicant.
Kim fails to disclose
16. The light emitting package of claim 2, wherein: the first optic layer includes a plurality of light generators arranged to be spaced apart from one another, and the optical characteristic converter is formed to cover the plurality of light generators.
Kim fails to disclose
17. The light emitting package of claim 2, wherein: the first optic layer is provided in plurality, the plurality of first optic layers is arranged to be spaced apart from one another, and the light controller is disposed between the plurality of first optic layers.
Ito teaches (at least Figs. 8a-c, 9a, 9b)
A light emitting package comprising:
wherein: the first optic layer LED includes a plurality of light generators 11 arranged to be spaced apart from one another, and the optical characteristic converter 14 is formed to cover the plurality of light generators 11;
wherein: the first optic layer LED is provided in plurality, the plurality of first optic layers is arranged to be spaced apart from one another, and the light controller 15 is disposed between the plurality of first optic layers.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to provide a plurality of light generators having an optical characteristic converter covering them, and a light controller between optic layers in Kim. The motivation would be to realize a very small light-emitting surface that is slightly larger than the top surface of the semiconductor light-emitting chip as taught by Ito ([0022], [0045]). Further, light emitted in a downward direction of the semiconductor light-emitting chip can be reflected on the light controller and can be emitted from the top surface of the semiconductor light-emitting chip as taught by Ito. Accordingly, light use efficiency of the semiconductor light-emitting device can improve ([0042]).
Claim(s) 20 is/are, to the extent taught and understood, rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 2 above, and further in view of U.S. Patent No. 9,577,171 (Lee ‘171).
Kim fails to disclose
20. The light emitting package of claim 2, wherein: the substrate further includes a heat dissipation pad formed on a surface opposite to one surface of the substrate on which the first optic layer is disposed, the heat dissipation pad is disposed under the first optic layer and the circuit pattern formed on one surface of the substrate, and both ends of the heat dissipation pad, both ends of the connection pad, and both ends of the circuit pattern formed on one surface of the substrate are arranged on different positions from one another with respect to a perpendicular line.
Lee teaches
A light emitting package comprising:
wherein:
the substrate 110 further includes a heat dissipation pad 170 formed on a surface opposite to one surface of the substrate 110 on which the first optic layer 120 is disposed, the heat dissipation pad 170 is disposed under the first optic layer 120 and the circuit pattern 630 formed on one surface of the substrate 110, and both ends of the heat dissipation pad 170, both ends of the connection pad 161/163, and both ends of the circuit pattern 630 formed on one surface of the substrate 110 are arranged on different positions from one another with respect to a perpendicular line.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to vary the lateral extents of the heat dissipation pad 281 and the circuit pattern in Kim. The motivation would be to maintain electrical separation while providing suitable heat dissipation and mounting area as taught by Lee ‘171 (Summary).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Application Publication No. 2014/0191278 (Nishijima), 2014/0008672 (Takao), 2017/0069806 (Kim), teach a light emitting package including a first optic layer with a reflective light controller so side-emitted light is redirected rather than lost, and a second optic layer that covers both the light controller and the first optic layer, and its light-emitting region becomes the main exit path, helping unify the perceived color.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M ARROYO whose telephone number is (703)756-1576. The examiner can normally be reached Monday - Friday (8:30 A.M. E.T. - 5:00 P.M. E.T.).
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/TERESA M. ARROYO/Primary Examiner, Art Unit 2893
