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 1-12 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.
As to claim 1, it is deemed appropriate to add the term “and” between a high refractive layer and a low refractive layer to correct an grammatically error.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6-10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0223672 to Yokoo (hereinafter “Yokoo”).
Yokoo discloses a wavelength conversion element comprising a support substrate 10, a wavelength conversion layer 11, a reflection member 12, a fixing member 13, a bonding member 23, and a heat dissipation member 26 (figure 2).
The wavelength conversion layer has a plurality of pores (abstract).
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As shown in figure 3, the reflection member 12 is formed of a multilayer film comprising reflection enhancing layers 50a (Nb2O5), 50b (SiO2), 50c (Nb2O5) and 50d (Al2O3) (paragraph 83). The second adhesion layer 49 is formed of SiO2 (paragraph 86). The multilayer film of 49, and 50a-50c layers reads on the claimed first reflection layer having a multilayer structure wherein a Nb2O5 high refractive layer and a SiO2 low refractive layer are alternately stacked.
Yokoo teaches that the wavelength conversion element further includes a silver layer 55 and a nickel layer 54 (paragraph 79). The silver layer reads on the claimed joint layer while the nickel layer corresponds to the claimed metal layer. Ni has a higher melting point than Ag.
As to claim 2, Yokoo discloses that the phosphor layer is made of Yttrium Aluminum Garnet (YAG) phosphor containing Ce ions (paragraph 69). The YAG is a ceramic.
As to claim 3, the phrase “in contact with each other” is ambiguous because it could mean in direct contact, and in indirect contact. Therefore, without specifying “direct” two objects can adhere to each other with an intervening layer between them. As shown in figure 3, the phosphor layer 11 and the multilayer film of 49, and 50a-50c layers are in contact with each other with the bonding member 23 between the phosphor layer and the multilayer film.
As to claim 6, Yokoo discloses that the wavelength conversion element includes a silver layer 55 and a nickel layer 54 (paragraph 79).
As to claims 7, 8, and 12, Yokoo discloses that the reflection member includes a silver layer 52 (paragraph 81) corresponding to the claimed second reflection layer having different reflection properties from the first reflection layers, 49, 50a-50c.
As to claims 9 and 10, as shown in figure 3, the reflection member 12 is formed of a multilayer film comprising the second adhesion layer 49 (SiO2), and reflection enhancing layers: 50a (Nb2O5), 50b (SiO2), 50c (Nb2O5) and 50d (Al2O3) (paragraphs 83 and 86). The second adhesion layer 49 reads on the claimed planarization layer. Further, the wavelength conversion element also includes an adhesion auxiliary film 8, and a bonding member 23 (paragraph 93, figures 3-4), and each of which corresponding to the claimed planarization layer as well.
Claims 4, 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yokoo as applied to claim 1 above, and further in view of US 2015/0159836 to Tamaki et al. (hereinafter “Tamaki”).
Yokoo does not explicitly disclose (i) a thickness of the wavelength conversion layer and the first reflection layer having a thickness that is 1% or more and less than 10% of the thickness of the wavelength conversion layer, and (ii) a porosity of the wavelength conversion layer in a range of 1% to 9%.
Tamaki, however, discloses a wavelength conversion member comprising a phosphor layer 3, a light transmission layer 5, a dielectric layer 7, a reflective layer 4 and a substrate 2 (figure 8).
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Tamaki also discloses that the phosphor layer has a thickness of from 1 to 150 microns and a porosity of 1 to 50% (paragraphs 124 and 161). The dielectric layer has a thickness of 0.1 to 20 microns (paragraph 232). The dielectric layer comprises a combination of Nb2O5 and SiO2 and these materials being alternately deposited on another (paragraph 246). The thickness ratio of the dielectric layer and the phosphor layer overlaps the claimed range.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the wavelength conversion layer having a thickness, and a porosity within the ranges instantly claimed, motivated by the desire to provide effective scattering of the incident light, thereby achieving uniform color distribution.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the first reflection layer having a thickness which is 1% or more and 10% or less of the thickness of the wavelength conversion layer, motivated by the desire to provide effective scattering of the incident light, thereby achieving uniform color distribution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hai Vo/
Primary Examiner
Art Unit 1788
Prosecution Insights