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 .
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 1-9, 11, and 13-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bibl (2014/0367633).
With respect to claim 1, Bibl teaches a lighting device (Fig. 12F) comprising: a substrate (full substrate shown in Fig. 1B); three of more light sources (400) disposed in a first direction on the substrate (Fig. 12F); a resin layer (320) disposed on the substrate and the light sources (Fig. 12F); and a transparent insulating layer (310 and 322; paragraph 95; silicone has thermal and electrical insulating properties) disposed on the resin layer (Fig. 12F), wherein the first direction is a long axis direction of the substrate (Fig. 12F), wherein a second direction orthogonal to the first direction is a short axis direction of the substrate (Figs. 12F and 15), wherein a surface of the resin layer has an upper surface and a plurality of side surfaces (Fig. 12F), wherein both side surfaces of the plurality of side surfaces in the first direction have curved surface (Figs. 12F and 15), wherein the transparent insulating layer has a first region disposed on the upper surface of the resin layer and a second region disposed on the both side surfaces of the resin layer (Fig. 12F), wherein the second region extends from both ends of the first region of the transparent insulating layer to the substrate in a curved surface (Figs. 12F and 15), wherein the light sources include a first light source located at an outermost side (Fig. 12F), wherein the curved surface of the resin layer and the second region of the transparent insulating layer overlap the first light source in a vertical direction (Fig. 12F), and wherein light generated from the light sources is emitted through the upper surface and the curved surface of the resin layer (Fig. 12F).
As for claim 2, Bibl teaches wherein the both side surfaces of the plurality of side surfaces of the resin layer in the first direction has a convex curved surface (Fig. 12F).
As for claim 3, Bibl teaches wherein the upper surface of the resin layer and the first region of the transparent insulating layer (310 and 322) have regions extending parallel to each other (Figs. 12F and 15).
As for claim 4, Bibl teaches wherein the second region of the transparent insulating layer (310 and 322) has a convex curved surface (Fig. 12F).
As for claim 5, Bibl teaches wherein corners between two adjacent side surfaces of the plurality of side surfaces of the resin layer has a convex curved surface (Figs. 12F and 15).
As for claim 6, Bibl wherein three or more light sources (400) are arranged in the second direction (Figs. 12F and 15), and wherein the corners of the resin layer overlap at least one of the light sources in the vertical direction (Fig. 12F).
As for claim 7, Bibl teaches wherein the transparent insulating layer (310 and 322) has a convex curved region outside the corners of the resin layer (Fig. 12F).
As for claim 8, Bibl teaches wherein the first region of the transparent insulating layer (310 and 322) has a flat upper surface (Fig. 12F).
As for claim 9, Bibl wherein the second region of the transparent insulating layer includes a first point horizontally in contact with the substrate from a center of the first light source closest to the side surface of the resin layer (Fig. 12F and annotated figure below), a second point on the curved surface of the resin layer (Fig. 12F and annotated figure below), and a third point where a straight line perpendicular to the substrate passes the center of the first light source (Fig. 12F and annotated figure below), and wherein a second distance from the center of the first light source to the second point is greater than a first distance from the center of the first light source to the first point (Fig. 12F and annotated figure below), and is smaller than a third distance from the center of the first light source to the third point (Fig. 12F and annotated figure below).
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As for claim 11, Bibl teaches wherein the transparent insulating layer (310 and 322) includes at least one of a red ink and a red phosphor (paragraphs 96-97).
As for claims 13-19, Bibl teaches all of the claimed elements, as is discussed above.
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.
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bibl.
With respect to claims 12 and 20, Bibl teaches all of the claimed elements, as is discussed above, as well a teaching a sum of a thickness of the resin layer and a thickness of the first region of the transparent insulating layer has a range in the vertical direction (Fig. 12F). Bibl does not explicitly teach the range of 5.5 mm to 6.0 mm in the vertical direction, but one of ordinary skill in the art would have been led to the recited dimensions through routine experimentation and optimization. Applicant has not disclosed that the dimensions are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using another set of dimensions. Indeed, it has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See also MPEP 2144.04(IV)(B). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to experiment and optimize the range, in order to produce a desired lighting output.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With respect to claim 10, the prior art does not teach or suggest wherein the first distance is in a range of 44% to 55% of a distance between adjacent light sources; along with the other limiting elements of clams 1, 9, and 10.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 9 of U.S. Patent No. 12,188,650 in view of Bibl.
With respect to claims 1-12, U.S. Patent No. 12,188,650 teaches all of the claimed elements, in claims 1-5 and 9, except for explicitly teaching a transparent insulating layer (claim 1); wherein the transparent insulating layer has a convex curved region outside the corners of the resin layer (claim 7); wherein the first region of the transparent insulating layer has a flat upper surface (claim 8); wherein a second point on the curved surface of the resin layer, and wherein a second distance from the center of the first light source to the second point is greater than a first distance from the center of the first light source to the first point, and is smaller than a third distance from the center of the first light source to the third point (claim 9); wherein a sum of a thickness of the resin layer and a thickness of the first region of the transparent insulating layer is in a range of 5.5 mm to 6.0 mm in the vertical direction (claim 12).
As for claim 1, Bibl teaches a transparent insulating layer (310 and 322; paragraph 95; silicone has thermal and electrical insulating properties).
As for claim 7, Bibl teaches wherein the transparent insulating layer has a convex curved region outside the corners of the resin layer (Fig. 12F).
As for claim 8, Bibl teaches wherein the first region of the transparent insulating layer has a flat upper surface (Fig. 12F).
As for claim 9, Bibl teaches wherein a second point on the curved surface of the resin layer, and wherein a second distance from the center of the first light source to the second point is greater than a first distance from the center of the first light source to the first point, and is smaller than a third distance from the center of the first light source to the third point (Fig. 12F and annotated figure above).
As for claim 12, Bibl teaches obvious dimensions include wherein a sum of a thickness of the resin layer and a thickness of the first region of the transparent insulating layer is in a range of 5.5 mm to 6.0 mm in the vertical direction; as is discussed above.
It would have been obvious to one of ordinary skill in the art before, before the effective filing date of the present invention, to use the transparent insulating layer, the arrangement and shape of Bibl in U.S. Patent No. 12,188,650, in order to integrate micro LED devices onto a substrate with tunable color emission spectrum (paragraph 2 of Bibl).
As for claims 13-20 of the present application, claims 1-5 and 9 of U.S. Patent No. 12,188,650 in view of Bibl teach all of the claimed elements, as is discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vdovin et al. (2013/0334559)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM JOSEPH CARTER whose telephone number is (571)272-0959. The examiner can normally be reached M-F 8am-5pm.
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/WILLIAM J CARTER/Primary Examiner, Art Unit 2875 4/27/2026
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