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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The term border interface is not supported.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one light-emitting optoelectronic semiconductor component arranged on an upper side of the carrier and comprising a first light emission area on a surface side facing away from the carrier and a second light emission area on a side surface perpendicular to the carrier; at least one functional layer arranged on the first light emission area and on the second light emission are must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Applicant only depicts the functional layer item 37 on a surface away from the substrate applicant does show.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-9, 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. While applicant has stated:
Paragraph 8:
The light-emitting semiconductor component may be a volume emitter with a light emission area on the top side facing away from the carrier. Alternatively, or additionally, the light-emitting semiconductor component may have a light emission area on at least one side surface that is perpendicular to the upper side of the carrier. The functional layer can be arranged in the plane of the side surface and thus be provided next to the semiconductor component.
And separately stated paragraph 6 :
The functional layer can be a conversion layer. The conversion layer can for example contain phosphor, for example phosphor, and in particular consist of a silicon-fluorescent mixture. More generally, the functional layer can be any layer that is arranged as a layer directly above the light-emitting semiconductor component.
Applicant has never stated that in the embodiment where the functional layer is on the side surfaces it is a conversion layer.
The position and function of Functional layers were both broad and while applicant gave specific examples applicant never provided an embodiment with both the claim specific orientation and specific function
Further applicant has not taught in this embodiment that the border interface, sic the edging layer, in relation to this embodiment it is unclear if it would reach down an replace portion of the filling layer or only be on the filing layer. Applicant has not provided a showing of written description for claim 1.
As to claim 3 there are specific embodiments where there is no intermediate layer and applicant has never set for in the specific embodiment where the functional layer is on side surfaces there is an intermediate layer.
As to claim 4, in the embodiment with comprising a first light emission area on a surface side facing away from the carrier and a second light emission area on a side surface perpendicular to the carrier; at least one functional layer arranged on the first light emission area and on the second light emission area applicant has not set for there is a filling layer
As to claim 5, applicant has taught such arrangements with any specificity.
As to claim 7, Applicant does not teach in the embodiment where , in the embodiment with comprising a first light emission area on a surface side facing away from the carrier and a second light emission area on a side surface perpendicular to the carrier; at least one functional layer arranged on the first light emission area and on the second light emission area that the transparent material comprises a refractive index, which is between a refractive index of the functional layer and a refractive index of air.
As to claim 8, Applicant has not taught wherein the functional layer is formed flat on its top side opposite to the upper side of the carrier or has a recess in a middle of the top side when in the embodiment with comprising a first light emission area on a surface side facing away from the carrier and a second light emission area on a side surface perpendicular to the carrier.
As to claim 9 Applicant does not have support in the embodiment with comprising a first light emission area on a surface side facing away from the carrier and a second light emission area on a side surface perpendicular to the carrier; at least one functional layer arranged on the first light emission area and on the second light emission area that the carrier may optionally laterally spaced apart from the border interface.
Applicant originally disclosed it could Abroad-Aspecific, Bbroad-Bspecific or Cbroad-Cspecific, this does not provide written description for a combination of Aspecific Bspecific and Cspecific. This would be like reciting a vehicle can be a helicopter plane car submarine. The vehicle can have red green blue yellow, The vehicle can operate off of combustion engine nuclear engines solar. Would not be support for a solar power yellow submarine, it was specifically disclosed.
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.
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 1-17 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.
a. The scope of border interface in claims 1-17, it is unclear the standard meaning of interface is a region between two areas. Applicant is not claiming an area outside the functional layer. Thus, it is unclear if applicant is only claiming that interface exists or the border interface is the edging layer. Since claim 1 requires wherein the border interface comprises a transparent material, it appears to refer to not just and interface but to be the edging layer.
b. As to claim 10, applicant claim a border interface surrounding the emitter and a filler. Applicant does not interrelate the filling to the border interface. Applicant only discloses the filing layer surround emitter but applicant claims the border interface surrounding the emitter.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10-14, and 15-17 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Yuasa 20180351053.
a. As to claim 10, Yusa teaches An optoelectronic lighting device comprising: a carrier (item figures 1 and or 2); at least one light-emitting optoelectronic semiconductor component arranged on an upper side of the carrier and comprising a light emission area on a surface side facing away from the carrier (item 1 emission away toward the stack of items 3-8); a filling layer arranged on the upper side of the carrier (item 6); at least one functional layer arranged on the light emission area and/or adjacent to the light emission area (item 8 and/or 4); an intermediate layer arranged on the functional layer (item 4 or 7); a border interface surrounding the functional layer in plan view (item 5), wherein the border interface is located on an outer surface of the light emitting device (item 5 is located on the outer side in at least a plan view figure 1 a)q); and at least one cover layer arranged above the intermediate layer (item 7or 3).
b. As to claim 11, Yusa teaches wherein the border interface surrounds the functional layer such that the functional layer is completely arranged within the border interface when viewed in a direction parallel to the upper side of the carrier (figure 1 a).
c. As to claim 12, Yusa teaches wherein a border of the border interface has at least one outer surface arranged on a side surface of the optoelectronic lighting device, and wherein the side surface and/or the outer surface of the border extend at least substantially perpendicular to the upper side of the carrier (this an arbitrary determination the examiner defines the outer surface to be the outer surface of the optoelectronic device figure 2 shows the surface perpendicular to a upper side of the carrier.
d. As to claim 13, Yusa teaches wherein at least one outer surface of a border of the border interface does not lie on a side surface of the optoelectronic lighting device but at least one edge layer is formed between the outer surface and the side surface (item 6).
e. As to claim 15,Yusa teaches wherein the border interface is formed of a material comprising silicone (paragraph 73).
e. As to claim 16, Yusa teaches wherein the functional layer is formed flat on its top side opposite to the upper side of the carrier or has a recess in a middle of the top side (figures 1 and 2 the functional layer is formed flat).
f. As to claim 17 Yusa teaches wherein the cover layer is opaque and/or reflective with respect to the functional layer (when item 7 is considered the cover).
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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shani 20130121001 in view of Reeh 7078732.
a. As to claim 1, Shani teaches An optoelectronic lighting device comprising: a carrier (figure 3 item 315); at least one light-emitting optoelectronic semiconductor component arranged on an upper side of the carrier (item 305) and comprising a first light emission area on a surface side facing away from the carrier and a second light emission area on a side surface perpendicular to the carrier (light emitters emit in all directions; at least one functional layer arranged on the first light emission area and on the second light emission area (a least 335), and a border interface surrounding the functional layer in plan view (item 320), wherein the border interface comprises a transparent material ( it is a waveguide, and wherein the border interface is located on an outer surface of the optoelectronic lighting device (figure 3 relation position of 320 and 305.
Shani paragraph 48 suggest including down converters
Shani does not explicitly teach wherein the functional layer is a conversion layer containing phosphor surrounding the top and side surfaces of the LED.
Reeh figure 6 teaches providing a phosphor coating on the top away from the scarier and sides perpendicular to the carrier.
Thus, it would have been obvious to include an additional functional layer including a downconverter phosphor surrounding and contacting the LED to down convert the light to the desired to use known material to provide expected outcomes.
b. As to claim 2 Shani in view of Reeh would suggest wherein the border interface surrounds the functional layer such that the functional layer is completely arranged within the border interface when viewed in a direction parallel to the upper side of the carrier.
b. As to claim 3,Shani teaches , further comprising an intermediate layer arranged on a surface of the functional layer substantially parallel to the first light emission area (item 350).
c. As to claim 4, Shani teaches further comprising a filling layer arranged on the upper side of the carrier and adjacent to the side surface of the semiconductor component in the plan view (item 340 which is air).
d. As to claim 5, Shani teaches , wherein the filling layer (item 340) is arranged adjacent to the functional layer on the second light emission area (it is adjacent 320 and 320 is on the second emission area).
e. As to claims 6 and 7, it is noted that when the phosphor is a separate layer item 335 335 maybe the edging layer. In this instance paragraph 30 of Shani states:
In various embodiments of the invention, once the LED die 305 is encapsulated with the index-matching material 325, LED die 305 is positioned into a recess (or "cavity") 330 in the waveguide 320, and a high-coupling-efficiency optical connection between the LED die 305 and the waveguide is enabled via an index-matching material 335. The index-matching material 335 may include or consist essentially of the same material as index-matching material 325, or it may be a different material. For example, the index of refraction of index-matching material 335 may be between those of index-matching material 325 and waveguide 320. Index-matching materials 325, 335 may each (or both) include or consist essentially of, e.g., silicone and/or epoxy.
It is noted that 320 must be lower than air since Total internal reflection is used in the waveguide thus if 335 is between 325 and 320 and 320 is less than air
Index of 335 is between 325 and air.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to have formed the phosphor layer from the same index of refraction as 325 to provide index matching throughout the waveguide lowering loss an undesired reflection at the interfaces.
Thus, the index of 335 is between 325, that of the phosphor and air since 320 index is less than air.
f. As to claim 8 Shani teaches wherein the functional layer is formed flat on its top side opposite to the upper side of the carrier or has a recess in a middle of the top side (see figure 3 item 320 is flat.
g. As to claim 9, Shani teaches further comprising a cover layer arranged above the conversion layer (item 355 or 350)
Claim Rejections - 35 USC § 103
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yusa in view of Shani
Yusa discusses index matching (paragraphs 139 and 81) but does not teach wherein the border interface has a refractive index, which is between a refractive index of the functional layer and a refractive index and air.
Yusa teaches the input is between region 4 and 5 since light is reflected back into 4 to be transferred and downconverted by 5 (paragraph 4 of Yusa) the output is air the region outside the device. Shani teaches matching index between the input area and the output area stating : In various embodiments of the invention, once the LED die 305 is encapsulated with the index-matching material 325, LED die 305 is positioned into a recess (or "cavity") 330 in the waveguide 320, and a high-coupling-efficiency optical connection between the LED die 305 and the waveguide is enabled via an index-matching material 335. The index-matching material 335 may include or consist essentially of the same material as index-matching material 325, or it may be a different material. For example, the index of refraction of index-matching material 335 may be between those of index-matching material 325 and waveguide 320. Index-matching materials 325, 335 may each (or both) include or consist essentially of, e.g., silicone and/or epoxy.
Thus, it would have been obvious to one ordinary skill in the art at the time of filing to have provided wherein the border interface (region 5 of Yusa) has a refractive index, which is between a refractive index of the functional layer and a refractive index and air to minimize undesired total internal reflection at the surface improving overall emission from the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW L REAMES whose telephone number is (571)272-2408. The examiner can normally be reached M-Th 6:00 am-4:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William F. Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW L. REAMES/
Primary Examiner
Art Unit 2896
/MATTHEW L REAMES/Primary Examiner, Art Unit 2896
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