Claim Objections
Claims 1-8 are objected to because of the following informalities:
In claims 1-8, the N, P(Al), P(O) and Q(O) values should be rewritten using subscripts as is done in the specification. For example, “Neu” should be “NEu” and “P(Al)” should be “P(Al)”. Appropriate correction is required.
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.
Claim 9 is 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.
This claim is directed to β-sialon phosphor powder comprising the β-sialon phosphor particles according to claim 1 or 5. It is unclear how the powder of claim 9 differs from the particles of claims 1 or 5. This is because a powder is composed of particles, which means that claim 1 and 5, which are directed to particles, are therefore each directed to a powder. In view of this, claim 9 is indefinite.
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.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as anticipated by WO 2022/054764.
U.S. patent application publication 2024/0026221 is the national stage application for WO 2022/054764 and thus is the English translation for WO 2022/054764.
This reference teaches an Eu-activated β-sialon phosphor powder comprising Eu-activated β-sialon phosphor particles. The reference also teaches a light emitting device comprising a primary light emitting element, which reads upon the light-emitting source of claim 10, and a wavelength converting body, or member, comprising the taught Eu-activated β-sialon phosphor powder (para 22 and 84). Paragraph [0084] teaches the primary light emitting element can be an InGaN blue-light emitting LED, which reads upon the light source of claim 11.
The taught comprising Eu-activated β-sialon phosphor particles are produced by forming a sintered, or calcinated, product containing Eu-activated β-sialon by the same method as that disclosed in the specification and then annealing a mixture of this product with 0.01-4 mass% of Ti2O3 under the same conditions as the annealing step disclosed in this application. Thus the reference teaches producing an Eu-activated β-sialon phosphor powder comprising Eu-activated β-sialon phosphor particles by the same method as disclosed in this application. While the reference does not state the taught Eu-activated β-sialon phosphor particles have grain boundaries nor the claimed elemental compositions of the grain boundary and on both sides of the grain boundary at a depth of 200 nm from a portion of surfaces of the particles where the grain boundary is present, one of ordinary skill in the art would expect that the taught Eu-activated β-sialon phosphor particles to have grain boundaries and elemental compositions of the grain boundary and on both sides of the grain boundary at a depth of 200 nm from a portion of surfaces of the particles where the grain boundary is present that fall within the claimed compositions, absent any sowing to the contrary, since the taught Eu-activated β-sialon phosphor particles are produced by the same method as the claimed Eu-activated β-sialon phosphor particles. Where the claimed and prior art products are produced by identical or substantially identical processes, a prima facie case of either anticipation has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Also see MPEP 2112.01(I). The reference teaches the claimed particles, powder and device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
9/15/26
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