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 .
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 ordering of elements as stated in claim 8: The LED filament according to claim 1, wherein said third LED filament portion is arranged between said first and said second LED filament portions must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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(a)
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.
Claim 8 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 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. In this case, there is no written description of a single device where both the embodiments of claim 1 and claim 8 exist together. Each Figure, Fig 1a, 1b, 2a, and 2b disclose embodiments of the invention with the ordering of filaments established only in claim 1.
Claim Rejections - 35 USC § 112(b)
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.
Claims 8, 9-10 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.
Regarding claim 8, “wherein said third LED filament portion is arranged between said first and said second LED filament portions” changes the order of filaments in conflict with the order established in claim 1, from which claim 8 depends; therefore, the scope is unclear.
Regarding claim 9, the phrase “said first white LED light” lacks antecedent basis in all previous claims, especially in claim 1 from which claim 9 depends. In light of the specification the “said first white LED light” will be interpreted as the “first LED light” mentioned in claim 1 that is limited to be white light coming from the LED die element 3 in Fig 1A as disclosed in [0048].
Regarding claim 10, this interpretation carries on from the interpretation of claim 9, on which claim 10 depends, so that the “said first white LED light” will also be understood as white light emitting from the first LED filament portion.
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.
(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) 1-11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. WO-2018004107 A1, hereinafter “Choi”.
Regarding claim 1, Choi discloses a LED filament (Choi Fig 7 and Fig 8: semiconductor light emitting device (LED) 250) having a longitudinal extension (see line extending into page, CC, in Fig 2) and a transverse extension (Fig 2 line BB across the page) being perpendicular to said longitudinal extension (shown perpendicular in Fig 2), said LED filament comprising:
at least one first LED filament portion extending in said longitudinal extension of said LED filament and comprising a plurality of first LED dies adapted to emit first LED light (Choi Fig 8, left-most light emitting device labeled LED 1 in the annotated FIG I. below is the "first LED filament portion"; therefore, red light is the "first LED light" of Choi) , said first LED dies being encapsulated by a first encapsulant comprising a luminescent material (red phosphor layer 281; phosphor is luminescent);
at least one second LED filament portion (the green, blue, and red emitting areas denoted by the arrows labeled G, B, and R in Fig 8, labeled as LED 2, 3, and 4 in annotated Fig I.) parallel to the first LED filament portion and comprising a plurality of red, green, and blue LED dies (made of dies 250 that emit blue light, see Fig 7 and [109]) adapted to emit second LED light comprising at least one of red, green and blue light (green light is emitted from LED 2 through the green phosphor layer 282, blue light is emitted from LED 3, and red light it emitted from LED 4);
a third LED filament portion (annotated Fig I. LED 5 emitting green light through green phosphor layer 282) parallel to said first and said second LED filament portions and comprising a plurality of third LED dies (plurality of these third LED dies extends in the longitudinal direction, see Fig 7) adapted to emit third LED light (green), said third LED dies being encapsulated by a second encapsulant comprising a luminescent material (green phosphor layer 282; phosphor is luminescent);
wherein said plurality of red, green, and blue LED dies are arranged in rows running in said transverse direction and spaced apart in said longitudinal direction (in Fig 8, view second LED filament portion extend across the transverse direction (across the page), and Fig 7 shows the rows repeating along the longitudinal direction (into the page)), wherein said second LED filament portion is arranged between said first and said third LED filament portions (see annotated Fig 8 below), and wherein each row comprises at least three LED dies (each row, shown in Fig 8, comprises 5 LED elements 250),
and wherein at least one of said red LED die and said green LED die is arranged between each blue LED die and said first LED filament portion (annotated Fig I. green LED 2 is between the blue LED 3 and first LED filament portion) and between each blue LED die and said third LED filament portion (red LED 4 is between the blue LED 3 and the second LED filament portion) in order to reduce or prevent optical cross-talk between said first encapsulant and the blue light of said second LED light, and between said second encapsulant and the blue light of said second LED light ("color purity may be improved as leakage of the blue color from the blue pixel is alleviated and prevented"; therefore, optical cross-talk is mitigated between the blue light and the first and second encapsulants of Choi [Advantageous Effects 0015]).
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Fig I. Choi’s Fig 8 LED filament annotated by examiner
Regarding claim 2, Choi discloses The LED filament according to claim 1, wherein each LED die of said plurality of red, green, and blue LED dies has a longitudinal extension, and wherein said longitudinal extension of said blue LED dies is equal to or smaller than said longitudinal extension of said red LED dies and said green LED dies ("The size of the individual semiconductor light emitting device 250 may be 80 μm or less in length of one side, and may be a rectangular or square device. In the case of a rectangle, the size may be 20 × 80 μm or less." [Choi 105]. They may be equal in size)
Regarding claim 3, Choi discloses The LED filament according to claim 1, wherein each LED die of the plurality of red, green, and blue LED dies has a height in a direction being substantially perpendicular to said longitudinal direction and said transverse direction, and wherein said height of said blue LED die is equal to or smaller than said height of said red LED dies and said green LED dies (all LEDs may be equal in size, including their heights [Choi 105]).
Regarding claim 8, Choi discloses, the LED filament according to claim 1, and inherently further discloses the embodiment of an LED filament wherein said third LED filament portion is arranged between said first and said second LED filament portions (Choi described each LED 250 as a unit pixel [0073]; therefore, in creating a full display device, the arrangement of rows disclosed in Fig 8 would be repeated many times next to each other. When 2 rows, as shown in Fig 8, are aligned next to each other, the third LED filament portion is arranged between the first and second LED filament portions).
Regarding claim 12, Choi discloses A method of manufacturing an LED filament having reduced optical cross-talk (Choi Fig 6 "is a cross-sectional view illustrating a method of manufacturing a display device using the semiconductor light emitting device of the present invention" [0084]) and comprising a longitudinal extension (into the page shown in Choi Fig 7) and a transverse extension being perpendicular to said longitudinal extension (across the page see Choi Fig 7 line BB), wherein the method comprises: providing at least one first LED filament portion (annotated Fig I. LED 1) extending in said longitudinal extension of said LED filament (repeated in columns into the page in Fig 7) and comprising a plurality of first LED dies adapted to emit first LED light (adapted to emit red light), said plurality of first LED dies being encapsulated by a first encapsulant comprising a luminescent material (phosphor layer 281); providing at least one second LED filament portion parallel to the first LED filament portion (annotated Fig I. LEDs 2, 3, and 4) and comprising a plurality of red, green, and blue LED dies adapted to emit second LED light comprising at least one of red, green and blue light (LED 2 is adapted to emit green light, LED 3 emits blue light, and LED 4 is adapted to emit red light); providing a third LED filament portion parallel to said first and said second LED filament portions (annotated Fig I. LED 5) and comprising a plurality of third LED dies (plurality of dies extend into the page in Choi Fig 7) adapted to emit third LED light (adapted to emit green light), said third LED dies being encapsulated by a second encapsulant comprising a luminescent material (phosphor layer 282); and arranging said plurality of red, green, and blue LED dies in rows running in said transverse direction (LEDs 2, 3, and 4 extend in rows across the page) and spaced apart in said longitudinal direction (columns extending into the page Choi Fig 7), wherein said second LED filament portion is arranged between said first and said third LED filament portions (see annotated Fig I.), and wherein each row comprises at least three LED dies (each full row has 5 LEDs), and wherein at least one of said red LED die and said green LED die is arranged between each blue LED die and said first LED filament portion (LED 2 is between the blue LED 3 and first LED filament portion) and between each blue LED die and said third LED filament portion (LED 4 is between the blue LED 3 and second LED filament portion) in order to reduce or prevent optical cross-talk between said first encapsulant and the blue light of said second LED light, and between said second encapsulant and the blue light of said second LED light (the disclosed design allows for leakage of the blue light to be reduced [Choi 0015]).
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.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Li, Qi Ming et al. US 2021/0074761 A1, hereinafter “Li Qi”.
Regarding claim 4, Choi discloses, the LED filament according to claim 1, but fails to explicitly disclose each LED die of said red LED dies and said green LED dies is different from each LED die of said blue LED dies.
However, in the same field of endeavor, Li Qi discloses a multi-color LED pixel unit wherein each LED die of said red LED dies (Li Qi Fig 3 each of the first through third type of LEDs, 01, 02, and 03 are “selected from one of a red LED, a green LED, a blue LED, …” [Li Qi 0033]) and said green LED dies (let Li Qi’s Fig 3 LEDs 02 and 03 be red and green LED dies, respectively) is different from each LED die of said blue LED dies (“the height of the third type of LED 03, the height of the first type of LED 01, and the height of the second type of LED 02 can be different from each other, as shown in Fig 3.” [0033], the dies are different in layer structure and height).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to modify the 3 blue emitting LED dies as disclosed in Choi that emit red and green light through phosphor layers, to be substituted with the multi-colored LED array with different colored LEDs as disclosed in Li Qi “improving emission efficiency of every LED, and improving the integration of various LEDs” [Li Qi 0117].
Regarding claim 5, Choi discloses, the LED filament according to claim 1, but fails to explicitly disclose each LED of said plurality of first LED dies has a height in a direction being substantially perpendicular to said longitudinal direction and said transverse direction, and wherein the height of said red LED dies and said green LED dies is equal to or greater than said height of said first LED dies including any encapsulation thereof.
However, in the same field of endeavor, Li Qi Fig 3 discloses each LED of said plurality of first LED dies (Li Qi Fig 3 first type of LED 01) has a height in a direction (height is drawn upwards in Fig 3) being substantially perpendicular to said longitudinal direction and said transverse direction, and wherein the height of said red LED dies (Li Qi second type of LED 02) and said green LED dies (third type of LED 03) is equal to or greater than said height of said first LED dies ([0035] the heights of all three LEDs are different, the red and green LEDs have taller heights) including any encapsulation thereof (the LED die height includes the encapsulating layers such as the top transparent conductive layer 05 [0039]) .
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to modify the LED array disclosed in Choi with the red and green LED dies disclosed in Li Qi that have taller heights than the blue LED dies, including their encapsulation layers, to improve the emission efficiency of every LED and so that “various types of LEDs emit light separately without affecting each other” [Li Qi 0117].
Claim(s) 6-7 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Li et al. US 2020/0303356-A1, hereinafter “Li”.
Regarding claim 6, Choi discloses, the LED filament according to claim 1, but fails to explicitly disclose said plurality of first LED dies emit blue and/or UV light, and wherein said first encapsulant comprises a luminescent material adapted to at least partly convert said blue and/or UV light into converted white LED light; and the limitation of claim 7, dependent on the LED filament of claim 6, wherein said plurality of first LED dies emit light the wavelength range from 440 nm to 470 nm.
However, in the same field of endeavor, Li discloses the limitations of claim 6, with a plurality of first LED dies (Li Fig 3 LED dies 326a and 326b) emit blue and/or UV light (LEDs 226a and 226b from Li Fig 2b emit blue light at 465 nm [0045], these are the same LEDs as 326a and 326b, only labeled with altered numbers for the cross-sectional view of Fig 3), and wherein said first encapsulant comprises a luminescent material adapted to at least partly convert said blue and/or UV light into converted white LED light ("the photoluminescence layer 340 can configured such that the first LED array 326a in conjunction with the photoluminescence layer 340 generates white light of a first color temperature, for example “warm white” (e.g. CCT 1500K to 3500K" [Li 0059]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to modify the first LED dies and first encapsulant material disclosed in Choi to be of the materials disclosed in Li for the purpose of "generating warm white light and to increase General Color Rendering Index (CRI Ra) of light generated by the filament" by creating color temperature tunable LED-filaments (Li [0004-0007]).
Regarding claim 7, Choi as modified by Li discloses, the limitation of claim 7, wherein said plurality of first LED dies emit light the wavelength range from 440 nm to 470 nm (Li [0045] the first plurality of first LED dies Fig 2b, 226a, emit light at 465 nm).
Regarding claim 9, Choi discloses, the LED filament according to claim 1, but fails to explicitly disclose said third LED dies are white LED dies for emitting third white LED light of a different color temperature than said first white LED light; and the limitations of claim 10, which depend on the LED filament according to claim 9, wherein said first white LED light has a color temperature CT1 of below 2700K, and wherein said third white LED light has a color temperature CT2 of at least 3000K
However, in the same field of endeavor, Li discloses the limitations of claim 9, the third LED dies are white LED dies for emitting third white LED light of a different color temperature than said first white LED light ([Li 0059] discloses the first and second LED arrays of Fig 3, 326a and 326b emit white lights with different color temperatures).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to modify the third LED dies of Choi (Choi Fig 8 annotated by examiner above in Fig I., third LED filament portion, LED 5) with the teachings of Li, to emit a cooler white light in addition to the warm white light of the first LED filament to create the "conventional tunable white filament lamp consists of at least two filaments, one with low CCT LEDs and one with high CCT LEDs" as defined by the instant application [0002]; where Li creates such a tunable white filament lamp, and also states the motivation of, "such a range of color tuning is highly desirable for 'warm dimming'" [Li 0016].
Regarding claim 10, Choi as modified by Li discloses, the limitations of claim 10, dependent on claim 9, wherein said first white LED light has a color temperature CT1 of below 2700K (first white LED light coming from Li LED array 326a generates warm light in the range of 1500K to 3500K [Li 0059], which is substantially within the range of the claimed limitation according to MPEP 2131.03), and wherein said third white LED light has a color temperature CT2 of at least 3000K ("second LED array 326b in conjunction with the photoluminescence layer 342 generates white light of a second, higher, color temperature, for example “cool white” (e.g. CCT 3500K to 7500K)." [Li 0059]).
Regarding claim 11, Choi discloses, the LED filament according to claim 1, but fails to disclose a light transmissive envelope at least partly surrounding said at least one LED filament; and a connector for electrically and mechanically connecting the LED filament lamp to a socket.
However, in the same field of endeavor, Li discloses in Fig 1A and 1B, a LED-filament lamp (bulb) with a light transmissive envelope (Li Fig 1A light-transmissive envelope 104 [0039]) at least partly surrounding said at least one LED filament (surrounding four filaments 108); and a connector for electrically and mechanically connecting the LED filament lamp to a socket (connector base is electrically connected to conducting wire 120 and enables "the lamp to be directly connected to a mains power supply using a standard electrical lighting screw socket" [Li 0040-0042]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to place the LED filaments disclosed in Choi in a bulb structure such as the one disclosed in Li to create a functional LED bulb with the "most common lamp type" structure [Li 0038].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Segawa et al. WO 2021/261567 A1 discloses in Fig 11A a light-emitting device with blue emitting portions between green and red emitting portions, under encapsulating materials
Ter Weeme et al. US 2015/0173151 A1 discloses in Figs 11 and 12 an array of LEDs under encapsulating materials and relative contributions of the red, blue, and white LED light to the correlated color temperature in an example embodiment
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA MICKEY whose telephone number is (571)270-3109. The examiner can normally be reached M-F, 8am to 5pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHAD DICKE can be reached at 571 270 7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERESA N MICKEY/Examiner, Art Unit 2897 /CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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