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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10.3.2024 is being considered by the examiner.
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 1-7 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.
Regarding claim 1, “…being a liquid at ordinary temperature and pressure” (emphasis added) is indefinite as it is unclear what constitutes “ordinary” for both temperature and pressure. Furthermore, it is unclear if applicant refers to NTP (Normal Temperature and Pressure) or STP (Standard Temperature and Pressure) or another standard (see, e.g., https://www.engineeringtoolbox.com/stp-standard-ntp-normal-air-d_772.html). For purposes of examination, it is treated as being liquid at a given or predetermined temperature and pressure.
In addition, “…, with the inert compound,…” is indefinite as it appears to be missing a term to indicate said inert compound is present in the major facing region and the first subsidiary facing region. The examiner suggests --“…, with the inert compound present therein,…---.
None of dependent claims 2-7 address these deficiencies.
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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsushima et al. (US 20220223767 A1).
Regarding claim 1, Matsushima discloses a light emitting device (Fig. 11) that emits ultraviolet light, the light emitting device comprising:
a mounting substrate (110) having a mounting surface (top thereof);
a light emitting element (120) disposed on the mounting surface of the mounting substrate and configured to emit ultraviolet light ([0034]), the light emitting element having an element main surface facing a side (120b, top thereof) opposite to the mounting surface and an element side surface (120c, sidewall thereof) adjacent to the element main surface;
a light transmitting member (140) disposed on the mounting surface of the mounting substrate and configured to form an accommodation space (142+143+144) in a region facing the mounting surface of the mounting substrate, the light transmitting member having a recess (143+144) that forms at least a part of the accommodation space and accommodates at least a part of the light emitting element (120);
an inert compound (360, “fluorocarbon compound 360”) disposed in the accommodation space and being a liquid at ordinary temperature and pressure (Abstract – “The fluorocarbon compound is a liquid at normal temperature and pressure”);
a gas layer (371 of 370, “air layer 370”) formed in the accommodation space; and
a light transmitting member bonding layer (150) disposed between the mounting substrate and the light transmitting member and bonding the mounting substrate and the light transmitting member (Fig. 11),
wherein the inert compound (360) is provided to fill (at least partly) a major facing region (between 120b and 144) in which the element main surface (120b) of the light emitting element and a first ceiling surface (144) of the recess face each other, and a first subsidiary facing region (Fig. 11, from Q1b to 120b) in which a portion of the element side surface (120c) of the light emitting element closer to the element main surface (120b) and a first side wall surface (part of 143) of the recess (143+144) face each other, with the inert compound (therein),
the gas layer (371) is formed in a second subsidiary facing region that (indirectly at least) faces a portion of the element side surface (120c) of the light emitting element closer to the mounting substrate, and
the light transmitting member bonding layer (150) is located closer to the mounting substrate (110) than the first subsidiary facing region (from Q1b to 120b) in a direction perpendicular to the mounting surface.
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Regarding claim 2, Matsushima discloses the light emitting device according to claim 1,
wherein the light transmitting member bonding layer (150) is located closer to the mounting surface of the mounting substrate than an active layer (inside; inherent per [0034]) of the light emitting element (120) in the direction perpendicular to the mounting surface (note that 150 is below of 120 in the direction perpendicular to the mounting surface; Fig. 11)
Regarding claim 3, Matsushima discloses the light emitting device according to claim 2, wherein a side surface (in 120c) of the active layer of the light emitting element (120) faces (indirectly at least and in an arbitrary direction) the first subsidiary facing region and faces the inert compound (360, Fig. 11).
Regarding claim 4, Matsushima discloses the light emitting device according to claim 2, wherein a side surface (in 120c) of the active layer of the light emitting element (120) faces (indirectly at least and in an arbitrary direction) the second subsidiary facing region and faces (indirectly at least and in an arbitrary direction) the gas layer (317, Fig. 11).
Regarding claim 5, Matsushima discloses the light emitting device according to claim 1, wherein a minimum (lowest in height) facing distance (D1) of the second subsidiary facing region is equal to or greater than twice a facing distance (D2) of the first subsidiary facing region (D1≥ 2*D2. The distances are arbitrary since the claim is broad and does not limit the direction/extension of the facing distances claimed, Fig. 11 and MPEP 2125).
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Regarding claims 1 and 6, claims 1 and 6 are rejected below under a separate embodiment than Fig. 11 and therefore rejected together. Matsushima discloses:
claim 1: a light emitting device (Fig. 13) that emits ultraviolet light, the light emitting device comprising:
a mounting substrate (110) having a mounting surface (top);
a light emitting element (120) disposed on the mounting surface of the mounting substrate and configured to emit ultraviolet light ([0034]), the light emitting element having an element main surface (top, 120b) facing a side opposite to the mounting surface and an element side surface (sidewall, 120c) adjacent to the element main surface;
a light transmitting member (540) disposed on the mounting surface of the mounting substrate and configured to form an accommodation space (542+545+543+544) in a region facing the mounting surface of the mounting substrate, the light transmitting member having a recess (545+543+544) that forms at least a part of the accommodation space and accommodates at least a part of the light emitting element;
an inert compound (160, “fluorocarbon compound 160”) disposed in the accommodation space and being a liquid at ordinary (“normal”) temperature and pressure (Abstract);
a gas layer (171) formed in the accommodation space; and
a light transmitting member bonding layer (150) disposed between the mounting substrate and the light transmitting member and bonding the mounting substrate and the light transmitting member,
wherein the inert compound (160) is provided to fill (partly at least) a major facing region in which the element main surface (120b) of the light emitting element and a first ceiling surface (544) of the recess face each other, and a first subsidiary facing region in which a portion of the element side surface (120c) of the light emitting element closer to the element main surface and a first side wall surface (543) of the recess face (indirectly at least) each other, with the inert compound (therein partly),
the gas layer (171) is formed in a second subsidiary facing (indirectly at least) region that faces a portion of the element side surface (120c) of the light emitting element closer to the mounting substrate, and
the light transmitting member bonding layer (150) is located closer to the mounting substrate than the first subsidiary facing region in a direction perpendicular to the mounting surface.
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claim 6: the light emitting device according to claim 1,
wherein the recess (545+543+544) has:
a first recess (543+544) having the first ceiling surface (544) and the first side wall surface (543); and
a second recess (including 545) located on an opening side (below) of the first recess and having a second ceiling surface (top of 545) adjacent to the first side wall surface and a second side wall surface (sidewall of 545) adjacent to the second ceiling surface,
the first subsidiary facing region is a region in which the portion of the element side surface (120c) of the light emitting element closer to the element main surface (120b) and the first side wall surface (543) of the recess face (indirectly at least) each other, and
the second subsidiary facing region is a region in which the portion of the element side surface (120c) of the light emitting element closer to the mounting substrate and the second side wall surface (sidewall of 545) of the recess face (in directly at least) each other (Fig. 13).
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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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Matsushima et al. (US 20220223767 A1).
Regarding claim 7, Matsushima fails to disclose the light emitting device according to claim 1, wherein the light transmitting member bonding layer includes a silicone resin.
Silicone resin is a well-known and commonly employed adhesive/bonding materials. See, e.g., Fig. 15 and [0123] - “The material of the adhesive layer 750 is, for example, a silicone resin”.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to employ a silicone resin so as to ensure the light transmitting member is securely bonded and does not delaminate since the use of conventional materials to perform their known function is prima-facie obvious (MPEP 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 11929453 B2 to Lunev et al. discloses (Fig. 6) a mounting substrate (10’), a UV LED (50) with a fluidic encapsulate (80’) thereon and a lens (100’) bonded to the mounting substrate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRES MUNOZ whose telephone number is (571)270-3346. The examiner can normally be reached 8AM-5PM Central Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eva Montalvo can be reached at (571)270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Andres Munoz/Primary Examiner, Art Unit 2818
