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 .
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 1-11 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.
With regards to claim 1, the preamble sets up a light source module and recites the fluid being sterilized in an intended use (lines 2-3). Logically, the fluid is not part of a light source module itself. Line 6, however, recites that the light transmitter is separating the light elements and the mounting substrate from the fluid. The fluid is, however, not positively recited as being part of the light source module. It is thus not clear what arrangement is required. For the purpose of examination it is taken that the light transmitter is capable of the intended use of separating the elements and the substrate from the fluid.
With regards to claim 2, it is unclear what adjacent side surfaces of the lighting elements are in contact with. The claim just says they are “in contact”. One might read it as with each other but then claim 3 becomes confusing as if they are contacting each other, where is there room for a gap with a gas between them (they are shown in the drawings as generally rectangular either abutted together or with a gap; fig 9 and 10). It could be that they are in contact with something else that is not mentioned but that is not clear. Given the lack of clarity, prior art is not able to be applied to claim 2 or its dependent claims 3-6.
Claims 6 and 10 specify a contact angle of the liquid substance but does not specify the surface at which the angle is formed. Since wettability is relative to the hydrophobicity/hydrophilicity of the surface being wetted it is not clear what the required property is to meet the claim (prior art is applied as best as possible, if possible, below).
Dependent claims are rejected for the same reasons as the claims from which they depend.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi et al. (US 2021/0091277).
With regards to claim 1, Shi et al. teaches a light source module (for example fig 6) comprising a plurality of light emitting elements (30; teaches at least one which includes teaching a plurality) formed of a semiconductor material (the LED is a semiconductor device) and capable of the intended use of emitting UV light to sterilize a fluid (emits wavelengths that are sterilizing; para [0002], [0015]); a mounting substrate (base 10) having the plurality of light emitting elements mounted thereon (fig 1, 2, 6, etc.); a light transmitting member (lens 60; para [0017]) that transmits UV light and capable of the intended sue of separating the plurality of UV light emitting elements (30 inside) and the mounting surface (below) from the fluid (on the outside of the lens); and a liquid substance filled in a gap surrounded by an outer surface of the plurality of light emitting elements, the mounting substrate, and the light transmitting member (encapsulating member 40 which can be a liquid) (para [0016]).
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) 7, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 2021/0091277).
With regards to claim 7, Shi et al. does not specify a spacing between the multiple light emitting elements. A person having ordinary skill in the art would have found it obvious to have sized the device as desired including the spacing between the light emitting elements motivated by an expectation of providing the desired light source module with the desired sizing.
With regards to claim 8, Shi et al. shows the encapsulant on three sides of the light emitting element (30; fig 1, 2, 6, etc.). Thus it is taken that the liquid substance forming the encapsulating member (40) would fill space between adjacent light emitting elements.
With regards to claim 10, a contact angle of the liquid substance is less then 50 when it is placed in contact with a surface of suitable hydrophilicity/hydrophobicity.
Claim(s) 9 and 11is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 2021/0091277) in view of Matsushima et al. (US 2022/0223767).
With regards to claims 9 and 11, Shi et al. does not teach a gas exists between side surfaces of the light emitting elements. Matsushima et al. teaches a UV light emitting device with a fluorocarbon encapsulant (160) and an air gap (170) (fig 1 and 4). The air layer along with the fluorocarbon compound adjusts the refractive index to direct the light out the out from the light emitting device away from the light emitting element (120) as desired (para [0079]-[0080]).
A person having ordinary skill in the art would have found it obvious to have used a liquid fluorocarbon encapsulant with an air gap to direct the light out of the light emitting element in the desired direction as taught by Matsushima et al.
The combination results in gas on the sides of the light emitting elements and thus between them.
The combination does not specify that the fluorine-based liquid is inert, but does teach a general desire to not have it react with things in the device (para [0005], [0071]). A person having ordinary skill in the art would have found it obvious to have made the fluorocarbon non-reactive or inert with respect to the materials in the device in order to prevent degradation.
Conclusion
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799
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