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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. However, should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The information disclosure statements (IDS) filed on October 5th, 2024, and November 3rd, 2025, are being considered by the examiner.
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.
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) 1 and 3-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun, et al. (US 2021/0296294 A1; hereinafter referred to as Sun) and further in view of Huan Liu, et al.; Synthesis and characterization of optically transparent semi-aromatic polyimide films with low fluorine content, Polymer, Volume 163, 2019, Pages 106-114, ISSN 0032-3861 (hereinafter referred to as Liu).
Regarding Claim 1, Sun discloses a near-infrared light emitting device, comprising:
a solid-state light emitting element that emits primary light having an emission peak within a wavelength range of 420 nm or more and less than 500 nm (second chip 3, [0051, 0053, 0066], Fig. 2; “a second chip 3 was an LED chip which emitted a light having a peak wavelength of 450 nm”);
a wavelength converter that converts the primary light into wavelength-converted light having a fluorescence peak within a wavelength range of 750 nm or more and less than 2,500 nm (phosphor adhesive layer 4, [0051, 0097, 0108], Fig. 2); and
an organic polymer member through which mixed light of the primary light emitted by the solid-state light emitting element and the wavelength-converted light emitted by the wavelength converter is transmitted (first phosphor adhesive layer of the packaging layer 5, [0051, 0053], Fig. 2),
the near-infrared light emitting device outputs the mixed light transmitted through the organic polymer member, as output light ([0051]).
Sun fails to explicitly disclose wherein the organic polymer member has: a thickness of 3 µm or more and less than 300 µm; a light transmittance of less than 0.1% at a wavelength of 400 nm or less, a light transmittance of less than 1% at or below a wavelength of the emission peak of the primary light, and a light transmittance of less than 30% at a wavelength of 500 nm or less; a light transmittance of 75% or more and less than 100% within a wavelength range of 750 nm or more and less than 1,100 nm; and a light transmittance in 10 nm increments within a wavelength range of 500 nm or more and 750 nm or less increasing as wavelength increases, as Sun merely states that the packaging layer consists of a polyimide.
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However, in analogous art, Liu discloses the use of a polyimide as an optically transparent film,
wherein the organic polymer member (Liu: Kapton, Table 5) has:
a thickness of 3 µm or more and less than 300 µm (Liu: Figure 5; “thickness: 25 µm”);
a light transmittance of less than 0.1% at a wavelength of 400 nm or less, a light transmittance of less than 1% at or below a wavelength of the emission peak of the primary light, and a light transmittance of less than 30% at a wavelength of 500 nm or less (Liu: Figure 5);
a light transmittance of 75% or more and less than 100% within a wavelength range of 750 nm or more and less than 1,100 nm (Liu: Figure 5); and
a light transmittance in 10 nm increments within a wavelength range of 500 nm or more and 750 nm or less increasing as wavelength increases (Liu: Figure 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the organic polymer member of Sun such that it has the properties as described by Liu. One would be motivated to do so as the aromatic polyimide known as Kapton provides for improved near-infrared performance while being commercially available (Liu: [0004: Conclusion]).
Regarding Claim 3, Sun/Liu discloses the near-infrared light emitting device according to claim 1, wherein the organic polymer member includes aromatic polyimide (Liu: Section 3.2.4., [0002]).
Regarding Claim 4, Sun/Liu discloses the near-infrared light emitting device according to claim 1, wherein the solid-state light emitting element is a light emitting diode (Sun: [0056], “a second chip 3 was an LED chip”).
Regarding Claim 5, Sun/Liu discloses the near-infrared light emitting device according to claim 1, wherein the wavelength converter includes a near-infrared phosphor that emits fluorescence having a fluorescence peak within a wavelength range of 780 nm or more and less than 2,500 nm (Sun: [0108]).
Regarding Claim 6, Sun/Liu discloses the near-infrared light emitting device according to claim 1, wherein the wavelength converter does not include a visible phosphor that emits fluorescence having a fluorescence peak within a wavelength range of 380 nm or more and less than 780 nm (Sun: [0108]).
Regarding Claim 7, Sun/Liu discloses the near-infrared light emitting device according to claim 1, wherein the organic polymer member has a shape of a sheet, or a shape of a film (Liu: Section 3.2.4, “Kapton film”).
Regarding Claim 8, Sun/Liu discloses the near-infrared light emitting device according to claim 1, wherein the organic polymer member has a thickness of 10 µm or more and less than 100 µm (Liu: Figure 5, “thickness: 25 µm”).
Regarding Claim 9, Sun/Liu discloses the near-infrared light emitting device according to claim 1, wherein the output light includes white light (Sun: white LED, [0092]).
Regarding Claim 10, Sun discloses a method for adjusting an intensity ratio between a near-infrared ray and a visible ray, comprising:
causing mixed light including: primary light that has an emission peak within a wavelength range of 420 nm or more and less than 500 nm ([0051, 0053, 0066], Fig. 2; second chip 3 emits primary light); and wavelength-converted light that is obtained by performing wavelength conversion of the primary light and that has a fluorescence peak within a wavelength range of 750 nm or more and less than 2,500 nm ([0051, 0097, 0108], Fig. 2; phosphor adhesive layer 4 is a wavelength converter for which the primary light passes through), to be transmitted through an organic polymer member (first phosphor adhesive layer of the packaging layer 5, [0051, 0053], Fig. 2); and
outputting the mixed light transmitted through the organic polymer member, as output light ([0051]).
Sun fails to explicitly disclose wherein the organic polymer member has: a thickness of 3 µm or more and less than 300 µm; a light transmittance of less than 0.1% at a wavelength of 400 nm or less, a light transmittance of less than 1% at or below a wavelength of the emission peak of the primary light, and a light transmittance of less than 30% at a wavelength of 500 nm or less; a light transmittance of 75% or more and less than 100% within a wavelength range of 750 nm or more and less than 1,100 nm; and a light transmittance in 10 nm increments within a wavelength range of 500 nm or more and 750 nm or less increasing as wavelength increases, as Sun merely states that the packaging layer consists of a polyimide.
However, in analogous art, Liu discloses the use of a polyimide (e.g., organic polymer member) as an optically transparent film, wherein
the organic polymer member has:
a thickness of 3 µm or more and less than 300 µm (Liu: Figure 5; “thickness: 25 µm”);
a light transmittance of less than 0.1% at a wavelength of 400 nm or less, a light transmittance of less than 1% at or below a wavelength of the emission peak of the primary light, and a light transmittance of less than 30% at a wavelength of 500 nm or less (Liu: Figure 5);
a light transmittance of 75% or more and less than 100% within a wavelength range of 750 nm or more and less than 1,100 nm (Liu: Figure 5); and
a light transmittance in 10 nm increments within a wavelength range of 500 nm or more and 750 nm or less increasing as wavelength increases (Liu: Figure 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the organic polymer member of Sun such that it has the properties as described by Liu. One would be motivated to do so as the aromatic polyimide known as Kapton provides for improved near-infrared performance while being commercially available (Liu: [0004: Conclusion]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun, et al. (US 2021/0296294 A1; hereinafter referred to as Sun) and further in view of Tsai, et al. (US 2020/0012179 A1; hereinafter referred to as Tsai).
Regarding Claim 2, Sun discloses a near-infrared light emitting device, comprising:
a solid-state light emitting element that emits primary light having an emission peak within a wavelength range of 420 nm or more and less than 500 nm (second chip 3, [0051, 0053, 0066], Fig. 2; “a second chip 3 was an LED chip which emitted a light having a peak wavelength of 450 nm”);
a wavelength converter that converts the primary light into wavelength-converted light having a fluorescence peak within a wavelength range of 750 nm or more and less than 2,500 nm (phosphor adhesive layer 4, [0051, 0097, 0108], Fig. 2); and
an organic polymer member through which mixed light of the primary light emitted by the solid-state light emitting element and the wavelength-converted light emitted by the wavelength converter is transmitted (first phosphor adhesive layer of the packaging layer 5, [0051, 0053], Fig. 2), wherein
the near-infrared light emitting device outputs the mixed light transmitted through the organic polymer member, as output light ([0051]).
Sun fails to explicitly disclose that the organic polymer member includes aromatic polyimide.
However, in analogous art, Tsai discloses the use of aromatic polyimides as an organic adhesive (Tsai: [Abstract]).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the organic polymer member of Sun such that it was an aromatic polyimide, as disclosed by Tsai. One would be motivated to do so because the aromatic polyimide allows for increased mechanical properties such as shear strength, tensile strength, fatigue strength, temperature resistance and reflectivity, and can reduce rates of moisture absorption (Tsai: [Abstract]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(a) Abe, et al. (WO 2020/162243 A1); discloses an analogous wavelength converter
(b) Yi, et al. (“High-temperature-resistant and colorless polyimide: Preparations, properties, and application, Solar Energy, Vol. 195, Pg. 340-354, January 1st, 2020); discloses aromatic polyimide properties
(c) Pathak, et al. (WO 2017/017441 A1); discloses an analogous LED device
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/Noah C. Robertson/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
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