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 .
Preliminary Amendment
The preliminary amendment filed 11/3/2025 has been entered.
Claim Objections
Claim 7 is objected to because of the following informalities: Claim 7 recites the limitation “the resistance” in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim. Since the intended scope of the claim is clear, this does not create an issue of indefiniteness under 35 U.S.C. 112(b). However, the Examiner respectfully suggests amending it to be --a . Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9 and 17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 9, the claim recites “wherein the first photoluminescence layer covers each of the first LED chips, and wherein the second photoluminescence layer covers each of the second LED chips” in lines 1-3 of the claim. However, independent Claim 1 already recites “a first LED array of serially connected first LED chips”, “a second LED array of serially connected second LED chips”, “a first photoluminescence layer covering the first LED array”, and “a second photoluminescence layer covering the second LED array” in lines 5-7 and 9 of the claim. In other words, since Claim 1 recites that the first LED array comprises first LED chips and is covered by the first photoluminescence layer, and the second LED array comprises second LED chips and is covered by the second photoluminescence layer, Claim 1 already recites that the first photoluminescence layer covers each of the first LED chips and the second photoluminescence layer covers each of the second LED chips, as recited in Claim 9. Therefore, Claim 9 fails to further limit the subject matter of Claim 1.
Regarding claim 17, the claim recites “wherein the device is for generating light having a chromaticity CIE x, y that is within three MacAdam ellipses of ANSI standard coordinates on a CIE 1931 chromaticity diagram” in lines 1-3 of the claim (emphasis added). Accordingly, Claim 17 recites an intended use of the claimed invention only and does not include further limitations to the structure of the light emitting device of Claim 1. Therefore, Claim 17 does not further limit the subject matter of Claim 1.
The Examiner respectfully suggests amending it to be --wherein the device generates light having a chromaticity CIE x, y that is within three MacAdam ellipses of ANSI standard coordinates on a CIE 1931 chromaticity diagram--, or alternatively, amending it to be --wherein the device is configured to generate .
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Appropriate correction is required.
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 1-6, 8-10, 12, 15, and 19 rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-8 and 11 of U.S. Patent No. 12,381,190 in view of Sugiara et al. (US 2015/0008835, hereinafter “Sugiara”). Although the claims at issue are not identical, they are not patentably distinct from each other because independent Claim 1 of the instant application is a broader version and obvious variant of Claim 1 of the parent ‘190 patent, the subject matter of Claims 2 and 9 of the instant application are recited in Claim 1 of the parent ‘190 patent, Claim 3 of the instant application corresponds to Claim 12 of the parent ‘190 patent, Claims 4-6, 8, 10, 12, 15, and 19 of the instant application correspond to Claims 2-8 and 11, respectively, of the parent ‘190 patent, as shown in the table below with any differences underlined.
Instant application
US Patent 12,381,190
Comments
Claim 1: A light emitting device for generating light of a color temperature that decreases with decreasing power applied to the light emitting device, the light emitting device comprising:
a substrate;
a first LED array of serially connected first LED chips on the substrate,
a second LED array of serially connected second LED chips on the substrate,
a first photoluminescence layer covering the first LED array for generating light of a first color temperature,
a second photoluminescence layer covering the second LED array for generating light of a second different color temperature, and
a linear resistor connected to the first LED array;
wherein the first LED array and connected linear resistor, and second LED array are connected in parallel.
Claim 1: An LED lamp for generating light of a color temperature that decreases with decreasing power applied to the LED lamp, the LED lamp comprising:
a first LED string of serially connected first LED chips,
a second LED string of serially connected second LED chips,
a first photoluminescence arrangement for covering the first LED string for generating light of a first color temperature,
a second photoluminescence arrangement for covering the second LED string for generating light of a second different color temperature, and
a linear resistor serially connected with the first LED string;
wherein the first LED string and second LED string are connected in parallel; and
wherein a current/voltage characteristic (I-V) of the first LED string increases substantially linearly with increasing voltage and a current/voltage characteristic (I-V) of the second LED string increases generally exponentially with increasing voltage.
The light emitting device recited in Claim 1 of the instant application is the LED lamp recited in Claim 1 of the parent ‘190 patent. Additionally, the first and second LED arrays recited in Claim 1 of the instant application are the first and second LED strings recited in Claim 1 of the parent ‘190 patent, and the first and second photoluminescence layers recited in Claim 1 of the instant application are the first and second photoluminescence arrangements recited in Claim 1 of the parent ‘190 patent. Further, since Claim 1 of the parent ‘190 patent recites the linear resistor being serially connected with the first LED string, this means that the linear resistor must also be connected in parallel with the second LED string/array as recited in Claim 1 of the instant application, since any electronic circuit element connected in series with the first LED string is automatically connected in parallel with the second LED string.
Claim 2: The light emitting device of Claim 1, wherein the linear resistor is serially connected to the first LED array.
Claim 1: An LED lamp for generating light of a color temperature that decreases with decreasing power applied to the LED lamp, the LED lamp comprising:
a first LED string of serially connected first LED chips,
a second LED string of serially connected second LED chips,
a first photoluminescence arrangement for covering the first LED string for generating light of a first color temperature,
a second photoluminescence arrangement for covering the second LED string for generating light of a second different color temperature, and
a linear resistor serially connected with the first LED string;
wherein the first LED string and second LED string are connected in parallel; and
wherein a current/voltage characteristic (I-V) of the first LED string increases substantially linearly with increasing voltage and a current/voltage characteristic (I-V) of the second LED string increases generally exponentially with increasing voltage.
Claim 3: The light emitting device of claim 1, wherein the linear resistor is serially connected within the first LED array.
Claim 12: The LED lamp of claim 1, wherein the linear resistor is in the first LED string.
Claim 4: The light emitting device of Claim 1, wherein the device is configured such that a proportion of current flowing through the first LED array compared with a proportion of current flowing through the second LED array depends on the power applied to the device.
Claim 2: The LED lamp of Claim 1, wherein a proportion of current flowing through the first LED string compared with a proportion of current flowing through the second LED string depends on the power applied to the LED lamp.
Claim 5: The light emitting device of Claim 1, wherein the device is configured such that at a maximum operating power, current passes through both the first and second LED arrays and a color temperature of light generated by the device is between the first and second color temperatures; and
wherein the device is configured such that at a minimum operating power, a majority of current flows through the first LED array and a color temperature of light generated by the device is substantially the first color temperature.
Claim 3: The LED lamp of Claim 1, wherein at a maximum operating power, current passes through both the first and second LED strings and a color temperature of light generated by the LED lamp is between the first and second color temperatures; and
wherein at a minimum operating power, a majority of current flows through the first LED string and a color temperature of light generated by the LED lamp is substantially the first color temperature.
Claim 6: The light emitting device of Claim 5, wherein the device is configured such that at the maximum operating power, at least 50% of the current flows through the second LED array.
Claim 4: The LED lamp of claim 3, wherein at the maximum operating power, at least 50% of the current flows through the second LED string.
Claim 8: The light emitting device of Claim 1, wherein the first LED array comprises fewer LED chips than the second LED array.
Claim 5: The LED lamp of claim 1, wherein the first LED string comprises fewer LED chips than the second LED string.
Claim 9: The light emitting device of Claim 1, wherein the first photoluminescence layer covers each of the first LED chips, and wherein the second photoluminescence layer covers each of the second LED chips.
Claim 1: An LED lamp for generating light of a color temperature that decreases with decreasing power applied to the LED lamp, the LED lamp comprising:
a first LED string of serially connected first LED chips,
a second LED string of serially connected second LED chips,
a first photoluminescence arrangement for covering the first LED string for generating light of a first color temperature,
a second photoluminescence arrangement for covering the second LED string for generating light of a second different color temperature, and
a linear resistor serially connected with the first LED string;
wherein the first LED string and second LED string are connected in parallel; and
wherein a current/voltage characteristic (I-V) of the first LED string increases substantially linearly with increasing voltage and a current/voltage characteristic (I-V) of the second LED string increases generally exponentially with increasing voltage.
Both Claim 9 of the instant application and Claim 1 of the parent ‘190 patent recite that the first photoluminescence layer/arrangement covers the first LED array/string and thus each of the first LED chips, and the second photoluminescence layer/arrangement covers the second LED array/string and thus each of the second LED chips.
Claim 10: The light emitting device of claim 9, wherein the second photoluminescence layer additionally covers the first photoluminescence layer.
Claim 6: The LED lamp of claim 7, wherein the second photoluminescence arrangement additionally covers the first photoluminescence arrangement.
Claim 12: The light emitting device of claim 1, wherein the first photoluminescence layer comprises at least one narrowband red phosphor selected from the group consisting of:
K2SiF6:Mn4+, K2GeF6:Mn4+, and K2TiF6:Mn4+.
Claim 7: The LED lamp of claim 1, wherein the first photoluminescence arrangement comprises a narrowband red phosphor selected from the group consisting of:
K2SiF6:Mn4+, K2GeF6:Mn4+, and K2TiF6:Mn4+.
Claim 15: The light emitting device of claim 1, wherein the first color temperature is from 1800K to 2500K, and the second color temperature is from 3000K to 4000K.
Claim 8: The LED lamp of claim 1, wherein the first color temperature is from 1800K to 2500K, and the second color temperature is from 3000K to 4000K.
Claim 19: The light emitting device of claim 1, wherein the substrate is an at least partially light transmissive substrate.
Claim 11: The LED lamp of claim 1, comprising an at least partially light transmissive substrate on which the first LED string and the second LED string are mounted.
Claim 19 of the instant application depends on Claim 1 of the instant application, which recites that the first and second LED arrays are on the substrate. Therefore, Claim 19 of the instant application requires an at least partially light transmissive substrate on which the first LED string/array and the second LED string/array are mounted, as recited in Claim 11 of the parent ‘190 patent.
As shown in the table above, all the features of Claim 1 of the instant application are recited in Claim 1 of the parent ‘190 patent except for the recitation of a substrate on which the first and second LED arrays are disposed.
Sugiara teaches a light emitting device for generating light of a color temperature that decreases with decreasing power applied to the light emitting device (LED lamp bulb 300 which comprises a light-emitting device 1 that includes electrode terminals 50 which receive power from a power source such as power circuit 70 to vary the power supplied to the device, which varies the current applied to the device and the color temperature of the light generated by the device; see Figs. 1-13, 21-22; Abstract; para. [0042]-[0047], [0084]-[0088], [0094], [0100]-[0110], [0179]-[0185]), the light emitting device comprising a substrate (board 30; see Figs. 1-3; para. [0047], [0049], [0052], [0055], [0059], [0061], [0064], [0068], [0072]-[0082], [0086]); a first LED array of serially connected first LED chips on the substrate (light-emitting element 20 comprises a plurality of LEDs 21 connected in series to each other on the substrate 30; see Figs. 1-3; para. [0043]-[0046], [0061]-[0072]); and a second array of serially connected second LED chips on the substrate (light-emitting element 10 comprises a plurality of LEDs 11 connected in series to each other on the substrate 30; see Figs. 1-3; para. [0043]-[0046], [0049]-[0059]).
Therefore, in view of Sugiara, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LED lamp of Claim 1 of the parent ‘190 patent by disposing the first and second LED arrays on a substrate. One would have been motivated to modify the known LED lamp of Claim 1 of the parent ‘190 patent by disposing the first and second LED arrays on a substrate, as taught by Sugiara, in order to provide a support for mounting the LEDs (see Sugiara, par. [0074] for the motivation).
Additionally, as shown in the table above, the subject matter of Claims 2 and 9 of the instant application are recited in Claim 1 of the parent ‘190 patent, Claim 3 of the instant application corresponds to Claim 12 of the parent ‘190 patent, Claims 4-6, 8, 10, 12, 15, and 19 of the instant application correspond to Claims 2-8 and 11, respectively, of the parent ‘190 patent. Therefore, Claims 1-6, 8-10, 12, 15, and 19 of the instant application are not patentably distinct from Claims 1-8 and 11 of the parent ‘190 patent.
Claims 1-3, 5-8, and 10-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 2-7, 11-13, 15-16, and 18-20 of U.S. Patent No. 12,062,644. Although the claims at issue are not identical, they are not patentably distinct from each other because independent Claim 1 of the instant application is a broader version of independent Claim 1 of the parent ‘644 patent, the subject matter of Claims 2-3 of the instant application are recited in Claim 20 of the parent ‘644 patent, Claims 5-6 of the instant application correspond to Claims 2-3, respectively, of the parent ‘644 patent, Claim 7 of the instant application is a broader version of Claim 2 of the parent ‘644 patent, Claim 8 of the instant application corresponds to Claim 4 of the parent ‘644 patent, Claim 10 of the instant application corresponds to Claim 6 of the parent ‘644 patent, Claim 11 of the instant application corresponds to Claim 8 of the parent ‘644 patent, Claim 12 of the instant application corresponds to Claim 9 of the parent ‘644 patent, Claims 13-14 of the instant application correspond to Claims 11-12, respectively, of the parent ‘644 patent, Claim 15 of the instant application corresponds to Claims 15-16 of the parent ‘644 patent, Claim 16 of the instant application corresponds to Claim 13 of the parent ‘644 patent, Claims 17-18 of the instant application correspond to Claims 18-19, respectively, of the parent ‘644 patent, and the subject matter of Claim 19 of the instant application is recited in Claim 1 of the parent ‘644 patent, as shown in the table below with any differences underlined.
Instant application
US Patent 12,062,644
Comments
Claim 1: A light emitting device for generating light of a color temperature that decreases with decreasing power applied to the light emitting device, the light emitting device comprising:
a substrate;
a first LED array of serially connected first LED chips on the substrate,
a second LED array of serially connected second LED chips on the substrate,
a first photoluminescence layer covering the first LED array for generating light of a first color temperature,
a second photoluminescence layer covering the second LED array for generating light of a second different color temperature, and
a linear resistor connected to the first LED array;
wherein the first LED array and connected linear resistor, and second LED array are connected in parallel.
Claim 1: An LED-filament comprising:
first and second connectors for receiving variable power;
an at least partially light-transmissive substrate;
a first LED array of serially connected first LED chips on a front face of the substrate;
a second array of serially connected second LED chips on the front face of the substrate;
a first photoluminescence layer covering the first LED array for generating light of a first warmer color temperature;
a second photoluminescence layer covering the second LED array for generating light of a second different and cooler color temperature; and
a linear resistor serially connected to one of the first LED chips,
wherein the first LED array and the second LED array are connected in parallel to the first and second connectors,
wherein current flowing through the first LED and second LED arrays depends on the power applied to the first and second connectors and wherein the color temperature of light generated by the LED-filament depends on the power applied to the first and second connectors; and
wherein a current/voltage characteristic (I-V) of the first LED array increases predominantly linearly with voltage and a current/voltage characteristic (I-V) of the second LED array increases generally exponentially with voltage.
Since Claim 1 of the parent ‘644 patent requires the linear resistor to be serially connected to one of the first LED chips of the first LED array, Claim 1 of the parent ‘644 patent therefore requires the first LED array and connected linear resistor to be connected in parallel with the second LED array as recited in Claim 1 of the instant application.
Claim 2: The light emitting device of Claim 1, wherein the linear resistor is serially connected to the first LED array.
Claim 20: The LED-filament of Claim 20, wherein the linear resistor is incorporated in the first LED array.
Since Claim 2 of the instant application requires the linear resistor to be serially connected to the first LED array, Claim 2 of the instant application therefore requires the linear resistor to be incorporated in the first LED array as recited in Claim 20 of the parent ‘644 patent.
Claim 3: The light emitting device of claim 1, wherein the linear resistor is serially connected within the first LED array.
Claim 20: The LED-filament of Claim 20, wherein the linear resistor is incorporated in the first LED array.
Since Claim 3 of the instant application requires the linear resistor to be serially connected within the first LED array, Claim 3 of the instant application therefore requires the linear resistor to be incorporated in the first LED array as recited in Claim 20 of the parent ‘644 patent.
Claim 5: The light emitting device of Claim 1, wherein the device is configured such that at a maximum operating power, current passes through both the first and second LED arrays and a color temperature of light generated by the device is between the first and second color temperatures; and
wherein the device is configured such that at a minimum operating power, a majority of current flows through the first LED array and a color temperature of light generated by the device is substantially the first color temperature.
Claim 2: The LED-filament of Claim 1, wherein a number of LED chips in the first and second LED arrays and the linear resistor are selected such that:
at maximum power applied to the first and second connectors, current flows through the first and second LED arrays and the color temperature of light generated by the LED-filament is a combination of the first and second color temperatures; and
at minimum power applied to the first and second connectors, a majority proportion of current flows through the first LED array and the color temperature of light generated by the LED-filament is predominantly the first color temperature.
Claim 6: The light emitting device of Claim 5, wherein the device is configured such that at the maximum operating power, at least 50% of the current flows through the second LED array.
Claim 3: The LED-filament of Claim 1, wherein, at maximum power, at least 50% of the current flows through the second LED array.
Claim 7: The light emitting device of Claim 1, wherein a number of first LED chips, a number of second LED chips, and the resistance of the linear resistor are configured such that a current/voltage characteristic (I-V) of the first LED array increases substantially linearly with increasing voltage and a current/voltage characteristic (I-V) of the second LED array increases generally exponentially with increasing voltage.
Claim 1: An LED-filament comprising:
first and second connectors for receiving variable power;
an at least partially light-transmissive substrate;
a first LED array of serially connected first LED chips on a front face of the substrate;
a second array of serially connected second LED chips on the front face of the substrate;
a first photoluminescence layer covering the first LED array for generating light of a first warmer color temperature;
a second photoluminescence layer covering the second LED array for generating light of a second different and cooler color temperature; and
a linear resistor serially connected to one of the first LED chips,
wherein the first LED array and the second LED array are connected in parallel to the first and second connectors,
wherein current flowing through the first LED and second LED arrays depends on the power applied to the first and second connectors and wherein the color temperature of light generated by the LED-filament depends on the power applied to the first and second connectors; and
wherein a current/voltage characteristic (I-V) of the first LED array increases predominantly linearly with voltage and a current/voltage characteristic (I-V) of the second LED array increases generally exponentially with voltage.
Claim 2: The LED-filament of Claim 1, wherein a number of LED chips in the first and second LED arrays and the linear resistor are selected such that:
at maximum power applied to the first and second connectors, current flows through the first and second LED arrays and the color temperature of light generated by the LED-filament is a combination of the first and second color temperatures; and
at minimum power applied to the first and second connectors, a majority proportion of current flows through the first LED array and the color temperature of light generated by the LED-filament is predominantly the first color temperature.
Both Claim 7 of the instant application and Claim 1 of the parent ‘644 patent recite that “a current/voltage characteristic (I-V) of the first LED array increases substantially linearly with increasing voltage and a current/voltage characteristic (I-V) of the second LED array increases generally exponentially with increasing voltage”. Additionally, both Claim 7 of the instant application and Claim 2 of the parent ‘644 patent recite that a number of LED chips in the first and second LED arrays, and the linear resistor itself, are selected to achieve light having a particular color temperature. Therefore Claim 7 of the instant application is a broader version of Claim 2 of the parent ‘644 patent.
Claim 8: The light emitting device of Claim 1, wherein the first LED array comprises fewer LED chips than the second LED array.
Claim 4: The LED-filament of Claim 1, wherein the first array of LED chips comprises fewer LED chips than the second array of LED chips.
Claim 10: The light emitting device of claim 9, wherein the second photoluminescence layer additionally covers the first photoluminescence layer.
Claim 6: The LED-filament of Claim 1, wherein the second photoluminescence layer additionally covers the first photoluminescence layer.
Claim 11: The light emitting device of Claim 1, wherein the first photoluminescence layer comprises a strip that is in direct contact with and encapsulates each first LED chip of the first LED array, and wherein the second photoluminescence layer comprises a strip that is in direct contact with and encapsulates each second LED chip of the second LED array and is in direct contact with and encapsulates the first photoluminescence layer.
Claim 8: The LED-filament of Claim 7, wherein the first photoluminescence layer comprises a strip that is in direct contact and encapsulates each first LED chip of the first LED array, and wherein the second photoluminescence layer comprises a strip that is in direct contact and encapsulates each second LED chip of the second LED array and is in direct contact and encapsulates the first photoluminescence layer.
Claim 12: The light emitting device of claim 1, wherein the first photoluminescence layer comprises at least one narrowband red phosphor selected from the group consisting of: K2SiF6:Mn4+, K2GeF6:Mn4+, and K2TiF6:Mn4+.
Claim 9: The LED-filament of Claim 1, wherein the first photoluminescence layer comprises at least a manganese-activated fluoride narrowband red photoluminescence material selected from the group consisting of: K2SiF6:Mn4+, K2GeF6:Mn4+, and K2TiF6:Mn4+.
Claim 13: The light emitting device of claim 12, wherein the first photoluminescence layer further comprises at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material.
Claim 11: The LED-filament of Claim 9, wherein the first photoluminescence layer further comprises at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material.
Claim 14: The light emitting device of claim 1, wherein the second photoluminescence layer comprises at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material
Claim 12: The LED-filament of Claim 1, wherein the second photoluminescence layer comprises at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material.
Claim 15: The light emitting device of claim 1, wherein the first color temperature is from 1800K to 2500K, and the second color temperature is from 3000K to 4000K.
Claim 15: The LED-filament of Claim 1, wherein the first color temperature is from 1800K to 2500K, and the second color temperature is from 3000K to 4000K.
Claim 15: The light emitting device of claim 1, wherein the first color temperature is from 1800K to 2500K, and the second color temperature is from 3000K to 4000K.
Claim 16: The LED-filament of Claim 1, wherein the first color temperature is from 1800K to 2500K and the second color temperature is from 2700K to 4000K.
Claim 16: The light emitting device of claim 1, wherein the substrate is elongated in a direction of elongation, and wherein the first and second arrays of LED chips comprise linear arrays that are arranged in parallel in the direction of elongation of the substrate.
Claim 13: The LED-filament of Claim 1, wherein the substrate is elongated in a direction of elongation, and wherein the first and second arrays of LED chips comprise linear arrays that are arranged in parallel in the direction of elongation of the substrate.
Claim 17: The light emitting device of claim 1, wherein the device is for generating light having a chromaticity CIE x, y that is within three MacAdam ellipses of ANSI standard coordinates on a CIE 1931 chromaticity diagram.
Claim 18: The LED-filament of Claim 17, wherein the chromaticity CIE x, y of light generated by the LED filament is within three MacAdam ellipses of ANSI standard coordinates on a CIE 1931 chromaticity diagram.
Claim 18: The light emitting device of claim 1, wherein a chromaticity CIE x, y of light of the first and second color temperatures lies above a black body locus on a CIE 1931 chromaticity diagram.
Claim 19: The LED-filament of Claim 1, wherein a chromaticity CIE x, y of light of the first and second color temperatures lies above a black body locus on a CIE 1931 chromaticity diagram
Claim 19: The light emitting device of claim 1, wherein the substrate is an at least partially light transmissive substrate.
Claim 1: An LED-filament comprising:
first and second connectors for receiving variable power;
an at least partially light-transmissive substrate;
a first LED array of serially connected first LED chips on a front face of the substrate;
a second array of serially connected second LED chips on the front face of the substrate;
a first photoluminescence layer covering the first LED array for generating light of a first warmer color temperature;
a second photoluminescence layer covering the second LED array for generating light of a second different and cooler color temperature; and
a linear resistor serially connected to one of the first LED chips,
wherein the first LED array and the second LED array are connected in parallel to the first and second connectors,
wherein current flowing through the first LED and second LED arrays depends on the power applied to the first and second connectors and wherein the color temperature of light generated by the LED-filament depends on the power applied to the first and second connectors; and
wherein a current/voltage characteristic (I-V) of the first LED array increases predominantly linearly with voltage and a current/voltage characteristic (I-V) of the second LED array increases generally exponentially with voltage.
Accordingly, as shown in the table above, Claim 1 of the instant application is a broader version of Claim 1 of the parent ‘644 patent, the subject matter of Claims 2-3 of the instant application are recited in Claim 20 of the parent ‘644 patent, Claims 5-6 of the instant application correspond to Claims 2-3, respectively, of the parent ‘644 patent, Claim 7 of the instant application is a broader version of Claim 2 of the parent ‘644 patent, Claim 8 of the instant application corresponds to Claim 4 of the parent ‘644 patent, Claim 10 of the instant application corresponds to Claim 6 of the parent ‘644 patent, Claim 11 of the instant application corresponds to Claim 8 of the parent ‘644 patent, Claim 12 of the instant application corresponds to Claim 9 of the parent ‘644 patent, Claims 13-14 of the instant application correspond to Claims 11-12, respectively, of the parent ‘644 patent, Claim 15 of the instant application corresponds to Claims 15-16 of the parent ‘644 patent, Claim 16 of the instant application corresponds to Claim 13 of the parent ‘644 patent, Claims 17-18 of the instant application correspond to Claims 18-19, respectively, of the parent ‘644 patent, and the subject matter of Claim 19 of the instant application is recited in Claim 1 of the parent ‘644 patent. Therefore, Claims 1-3, 5-8, and 10-19 of the instant application are not patentably distinct from Claims 1, 2-7, 11-13, 15-16, and 18-20 of the parent ‘644 patent.
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 1-6, 8-9, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiara (US 2015/0008835) in view of Tong (US 2014/0159612).
Regarding claim 1, Sugiara teaches a light emitting device for generating light of a color temperature that decreases with decreasing power applied to the light emitting device (LED lamp bulb 300 which comprises a light-emitting device 1 that includes electrode terminals 50 which receive power from a power source such as power circuit 70 to vary the power supplied to the device, which varies the current applied to the device and the color temperature of the light generated by the device; see Figs. 1-13, 21-22; Abstract; para. [0042]-[0047], [0084]-[0088], [0094], [0100]-[0110], [0179]-[0185]), the light emitting device comprising a substrate (board 30; see Figs. 1-3; para. [0047], [0049], [0052], [0055], [0059], [0061], [0064], [0068], [0072]-[0082], [0086]), a first LED array of serially connected first LED chips on the substrate (light-emitting element 20 comprises a plurality of LEDs 21 connected in series to each other on the substrate 30; see Figs. 1-3; para. [0043]-[0046], [0061]-[0072]), a second LED array of serially connected second LED chips on the substrate (light-emitting element 10 comprises a plurality of LEDs 11 connected in series to each other on the substrate 30; see Figs. 1-3; para. [0043]-[0046], [0049]-[0059]), a first photoluminescence layer covering the first LED array for generating light of a first color temperature (sealing member 22 is a phosphor layer covering the first LEDs 21 of the first LED array 20; see Figs. 1-2; para. [0068]-[0070]), a second photoluminescence layer covering the second LED array for generating light of a second different color temperature (sealing member 12 is a phosphor layer covering the second LEDs 11 of the second LED array 10; see Figs. 1-2; para. [0055]-[0059]); wherein the first LED array and second LED array are connected in parallel (the first LED array 20 and the second LED array 10 are connected in parallel to each other; see Figs. 2-3; para. [0084]-[0088]).
However, the teachings of Sugiara fail to disclose or fairly suggest a linear resistor connected to the first LED array, wherein the linear resistor connected to the first LED array is connected in parallel with the second LED array.
Tong teaches a light emitting device (solid-state lighting device (SLD) 100; see Fig. 1; para. [0029]-[0038]) comprising a first array of serially connected first LED chips (blue string 102 comprises a plurality of blue LEDs 106, 116, and 126 connected in series; see Fig. 1; para. [0030]-[0031], [0033]-[0037]); a second LED array of serially connected second LED chips (red string 104 comprises a plurality of red LEDs 108, 118, and 128 connected in series; see Fig. 1; para. [0030], [0032]-[0037]); a first photoluminescence layer covering the first LED array for generating light of a first color temperature (yellow or green phosphor is used with the first LED array 102 to produce cool or white light; see Fig. 1; para. [0030], [0035]); and a linear resistor connected to the first LED array (a balancing resistor 110 (or R1) is connected in series with the first LED chips 106, 116, and 126 of the first LED array 102; see Fig. 1; para. [0029]-[0030], [0034]); wherein the first LED array and connected linear resistor, and second LED array are connected in parallel (the first LED array 102 and its serially connected linear resistor 110, and the second LED array 104 are electrically connected in parallel; see Fig. 1; para. [0029]-[0030], [0033], [0037]).
Therefore, in view of Tong, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light emitting device of Sugiara by connecting a linear resistor to the first LED array such that the linear resistor connected to the first LED array is connected in parallel with the second LED array. One would have been motivated to modify the known light emitting device of Sugiara by connecting a linear resistor to the first LED array such that the linear resistor connected to the first LED array is connected in parallel with the second LED array, as taught by Tong, in order to provide load balancing to the first LED array (see Tong, par. [0034] for the motivation).
However, regarding claim 2, the teachings of Sugiara fail to disclose or fairly suggest the linear resistor is serially connected to the first LED array.
Tong teaches wherein the linear resistor is serially connected to the first LED array (a balancing resistor 110 (or R1) is connected in series with the first LED chips 106, 116, and 126 of the first LED array 102; see Fig. 1; para. [0029]-[0030], [0034]).
Therefore, in view of Tong, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light emitting device of Sugiara by serially connecting a linear resistor to the first LED array. One would have been motivated to modify the known light emitting device of Sugiara by serially connecting a linear resistor to the first LED array, as taught by Tong, in order to provide load balancing to the first LED array (see Tong, par. [0034] for the motivation).
However, regarding claim 3, the teachings of Sugiara fail to disclose or fairly suggest the linear resistor is serially connected within the first LED array.
Tong teaches wherein the linear resistor is serially connected within the first LED array (a balancing resistor 110 (or R1) is connected in series with the first LED chips 106, 116, and 126 of the first LED array 102 along the same string; see Fig. 1; para. [0029]-[0030], [0034]).
Therefore, in view of Tong, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light emitting device of Sugiara by serially connecting a linear resistor within the first LED array. One would have been motivated to modify the known light emitting device of Sugiara by serially connecting a linear resistor within the first LED array, as taught by Tong, in order to provide load balancing to the first LED array (see Tong, par. [0034] for the motivation).
Regarding claim 4, Sugiara teaches wherein the device is configured such that a proportion of current flowing through the first LED array compared with a proportion of current flowing through the second LED array depends on the power applied to the device (the electrode terminals 50 of the light emitting device 1 receive power from a power source such as power circuit 70 to vary the power supplied to the device which varies the current applied to the device and the color temperature of light generated by the device; see Figs. 2-13; para. [0044]-[0047], [0084]-[0088], [0094], [0100]-[0110]).
Regarding claim 5, Sugiara teaches wherein the device is configured such that at a maximum operating power, current passes through both the first and second LED arrays and a color temperature of light generated by the device is between the first and second color temperatures (the first and second connectors 50 receive power from a power source such as power circuit 70 to vary the power supplied to the device, such that current flows through both the first LED array 20 and the second LED array 10 at all power levels; see Figs. 2-13; para. [0044]-[0047], [0084]-[0088], [0094], [0100]-[0110]).
However, the teachings of Sugiara fail to specifically disclose that at a minimum power, a majority of current flows through the first LED array and a color temperature of light generated by the device is substantially the first color temperature.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of modify the light emitting device of Sugiara by configuring the light emitting device such that at a minimum power, a majority of current flows through the first LED array and a color temperature of light generated by the device is substantially the first color temperature, since it has been held that selecting from a finite number of identified, predictable solutions, with a reasonable expectation of success, is within the level of ordinary skill. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) and MPEP 2143. In this case, since a majority of the current can flow through either the first LED array to emit light predominantly of the first color temperature or through the second LED array to emit light predominantly of the second color temperature when minimum power is applied, selecting one LED array or the other to receive a majority of the current when minimum power is applied would have flown naturally to one of ordinary skill in the art as necessitated by the particular design requirements of a given application, in order to achieve a particular light output from the LED lamp.
However, regarding claim 6, the teachings of Sugiara fail to specifically disclose that at the maximum operating power, at least 50% of the current flows through the second LED array.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light emitting device of Sugiara by configuring the filament such that at maximum power at least 50% of the current flows through the second LED array, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. In this case, modifying the known light emitting device of Sugiara by configuring the device such that at maximum power at least 50% of the current flows through the second LED array would have flown naturally to one of ordinary skill in the art as necessitated by the particular design requirements of a given application, in order to ensure a balanced light output from both LED arrays.
Regarding claim 8, Sugiara teaches wherein the first LED array comprises fewer LED chips than the second LED array (the first LED array 20 comprises 6 first LEDs 21, while the second LED array 10 comprises 12 second LEDs 10; see Figs. 2-3; para. [0051], [0063], [0093], [0095], [0111]-[0112], [0117]).
Regarding claim 9, Sugiara teaches wherein the first photoluminescence layer covers each of the first LED chips (sealing member 22 is a phosphor layer covering the first LEDs 21 of the first LED array 20; see Figs. 1-2; para. [0068]-[0070]), and wherein the second photoluminescence layer covers each of the second LED chips (sealing member 12 is a phosphor layer covering the second LEDs 11 of the second LED array 10; see Figs. 1-2; para. [0055]-[0059]).
However, regarding claim 15, the teachings of Sugiara fail to specifically disclose wherein the first color temperature is from 1800K to 2500K, and the second color temperature is from 3000K to 4000K.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light emitting device of Sugiara by setting the first color temperature to be from 1800K to 2500K and the second color temperature to be from 3000K to 4000K, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. In this case, modifying the known lamp of Sugiara by setting the first color temperature to be from 1800K to 2500K and the second color temperature to be from 3000K to 4000K or any other suitable color temperature would have flown naturally to one of ordinary skill in the art as necessitated by the particular design requirements of a given application, in order to customize the white light output from the light emitting device for the desired environment in which the device is to be used.
Regarding claim 16, Sugiara teaches wherein the substrate is elongated in a direction of elongation (the substrate 30 is elongated; see Figs. 1-2; para. [0074]-[0076]), and wherein the first and second arrays of LED chips comprise linear arrays that are arranged in parallel in the direction of elongation of the substrate (the LEDs 21 of the first array 20 and the LEDs 11 of the second array 10 are linearly arranged in parallel along the elongation direction of the substrate 30; see Figs. 1-3; para. [0047]-[0052], [0062]-[0064], [0074]-[0076]).
However, regarding claim 17, the teachings of Sugiara fail to specifically disclose the device is for generating light having a chromaticity CIE x, y that is within three MacAdam ellipses of ANSI standard coordinates on a CIE 1931 chromaticity diagram.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light emitting device of Sugiara by forming the light emitting device such that the chromaticity CIE x, y of light generated by the device is within three MacAdam ellipses of ANSI standard coordinates on a CIE 1931 chromaticity diagram, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. In this case, modifying the known light emitting device of Sugiara by forming the light emitting device such that the chromaticity CIE x, y of light generated by the device is within three MacAdam ellipses of ANSI standard coordinates on a CIE 1931 chromaticity diagram would have flown naturally to one of ordinary skill in the art as necessitated by the particular design requirements of a given application, in order to ensure the device emits white light of an overall lower CCT.
However, regarding claim 18, the teachings of Sugiara fail to specifically disclose wherein a chromaticity CIE x, y of light of the first and second color temperatures lies above a black body locus on a CIE 1931 chromaticity diagram.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light emitting device of Sugiara by forming the light emitting device such that a chromaticity x, y of light of the first and second color temperatures lies above a black body locus on a CIE 1931 chromaticity diagram, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. In this case, modifying the known light emitting device of Sugiara by forming the light emitting device such that a chromaticity x, y of light of the first and second color temperatures lies above a black body locus on a CIE 1931 chromaticity diagram would have flown naturally to one of ordinary skill in the art as necessitated by the particular design requirements of a given application, in order to ensure the device emits white light of an overall lower CCT.
Regarding claim 19, Sugiara teaches wherein the substrate is an at least partially light transmissive substrate (the board 30 on which the first LED array 20 and the second LED array 10 are each mounted to can be a glass substrate and can be translucent; see Figs. 1-2; para. [0074]-[0076]).
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiara (US 2015/0008835), as modified by Tong (US 2014/0159612) as applied to claim 1 above, and further in view of Okuno et al. (US 2016/0233393, hereinafter “Okuno”). The teachings of Sugiara modified by Tong have been discussed above.
However, regarding claim 10, the teachings of Sugiara modified by Tong fail to disclose or fairly suggest wherein the second photoluminescence layer additionally covers the first photoluminescence layer.
Okuno teaches a light emitting device (LED light emitting device 12; see Figs. 1-2, 11; para. [0023]-[0024], [0080]-[0081]) comprising a substrate (substrate 1; see Figs. 1-2, 11; para. [0024]-[0031], [0080]-[0081]); an array of LEDs mounted on the substrate (LED elements 14a, 14b are mounted on the substrate 1; see Figs. 1-2, 11; para. [0024]-[0031], [0080]-[0081]); a first photoluminescence layer covering the LED array (red phosphor resin 24; see Fig. 11; para. [0081]-[0089]); and a second photoluminescence layer covering the LED array (green phosphor resin 25; see Fig. 11; para. [0081]-[0082], [0084], [0088]-[0089]); wherein the second photoluminescence layer additionally covers the first photoluminescence layer (see Fig. 11; para. [0081]-[0089]).
Therefore, in view of Okuno, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the light emitting device of Sugiara, as modified by Tong by covering the first photoluminescence layer with the second photoluminescence layer. One would have been motivated to further modify the known light emitting device of Sugiara by covering the first photoluminescence layer with the second photoluminescence layer, as taught by Okuno, in order to suppress variations of change with time in the emission intensity due to light emitted from each LED (see Okuno, par. [0088] for the motivation).
Regarding claim 11, Sugiara teaches wherein the first photoluminescence layer comprises a strip that is in direct contact with and encapsulates each first LED chip of the first LED array (the first photoluminescence layer 22 completely encapsulates the LEDs 21 of the first LED array 20; see Figs. 1-2; para. [0068]-[0070]), and wherein the second photoluminescence layer comprises a strip that is in direct contact with and encapsulates each second LED chip of the second LED array (the second photoluminescence layer 12 completely encapsulates the LEDs 11 of the second LED array 10; see Figs. 1-2; para. [0055]-[0059]).
However, the teachings of Sugiara modified by Tong fail to disclose or fairly suggest the second photoluminescence layer is also in direct contact with and encapsulates the first photoluminescence layer.
Okuno teaches the second photoluminescence layer is in direct contact with and encapsulates the first photoluminescence layer (the second photoluminescence layer 25 covers the first photoluminescence layer 24; see Fig. 11; para. [0081]-[0089]).
Therefore, in view of Okuno, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the light emitting device of Sugiara, as modified by Tong by arranging the second photoluminescence layer to also be in direct contact with and encapsulate the first photoluminescence layer. One would have been motivated to further modify the known light emitting device of Sugiara by arranging the second photoluminescence layer to also be in direct contact with and encapsulate the first photoluminescence layer, as taught by Okuno, in order to suppress variations of change with time in the emission intensity due to light emitted from each LED (see Okuno, par. [0088] for the motivation).
However, regarding claim 12, the teachings of Sugiara modified by Tong fail to disclose or fairly suggest the first photoluminescence layer comprises at least one narrowband phosphor selected from the group consisting of: K2SiF6:Mn4+, K2GeF6:Mn4+, and K2TiF6:Mn4+.
Okuno teaches wherein the first photoluminescence layer comprises at least one narrowband phosphor selected from the group consisting of: K2SiF6:Mn4+, K2GeF6:Mn4+, and K2TiF6:Mn4+ (the first photoluminescence layer 123 comprises a red phosphor 123R made of K2SiF6:Mn material; see Abstract; para. [0034]-[0037], [0050], [0052]; the Examiner notes that this material is used for the red phosphor in all disclosed embodiments).
Therefore, in view of Okuno, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the light emitting device of Sugiara, as modified by Tong by forming the first photoluminescence layer of at least one narrowband phosphor selected from the group consisting of: K2SiF6:Mn4+, K2GeF6:Mn4+, and K2TiF6:Mn4+, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. See In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). One would have been motivated to further modify the known light emitting device of Sugiara by forming the first photoluminescence layer of at least one narrowband phosphor selected from the group consisting of: K2SiF6:Mn4+, K2GeF6:Mn4+, and K2TiF6:Mn4+, as taught by Okuno, in order to ensure the light emitted by the LEDs in the first LED array is converted to a desired wavelength to be combined with the light emitted by the second LED array and emit a white light from the lighting device.
However, regarding claim 13, the teachings of Sugiara modified by Tong fail to disclose or fairly suggest the first photoluminescence layer further comprises at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material.
Okuno teaches wherein the first photoluminescence layer further comprises at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material (the first photoluminescence layer 123 comprises a green phosphor 123G in addition to the red phosphor material 123R; see Fig. 3; par. [0050]).
Therefore, in view of Okuno, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the light emitting device of Sugiara, as modified by Tong by additionally including in the first photoluminescence layer at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. See In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). One would have been motivated to further modify the known light emitting device of Sugiara by additionally including in the first photoluminescence layer at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material, as taught by Okuno, in order to ensure the light emitted by the LEDs in the first LED array is converted to a desired wavelength to be combined with the light emitted by the second LED array and emit a white light from the lighting device.
However, regarding claim 14, the teachings of Sugiara modified by Tong fail to disclose or fairly suggest the second photoluminescence layer comprises at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material.
Okuno teaches wherein the second photoluminescence layer comprises at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material (the second photoluminescence layer comprises green phosphor material; see Fig. 11; para. [0081]-[0082], [0084], [0088]-[0089]).
Therefore, in view of Okuno, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the light emitting device of Sugiara, as modified by Tong by forming the second photoluminescence layer of at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. See In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). One would have been motivated to further modify the known light emitting device of Sugiara by forming the second photoluminescence layer of at least one selected from the group consisting of: a green to yellow photoluminescence material, and a broadband red photoluminescence material, as taught by Okuno, in order to ensure the light emitted by the LEDs in the second LED array is converted to a desired wavelength to be combined with the light emitted by the first LED array and emit white light from the lighting device.
Allowable Subject Matter
Claim 7 would be allowable if rewritten to overcome the Nonstatutory Double Patenting rejection(s) set forth in this Office action or upon receipt of a timely filed Terminal Disclaimer to overcome the Nonstatutory Double Patenting rejections, and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 7, the Prior Art taken as a whole fails to specifically disclose or suggest, in combination, “The light emitting device of Claim 1, wherein a number of first LED chips, a number of second LED chips, and a resistance of the linear resistor are configured such that a current/voltage characteristic (I-V) of the first LED array increases substantially linearly with increasing voltage and a current/voltage characteristic (I-V) of the second LED array increases generally exponentially with increasing voltage” (emphasis added).
Although light emitting devices for generating light of a color temperature that decreases with increasing power applied to the light emitting device are known, as evidenced by the Prior Art already of record, no Prior Art was found teaching individually, or suggesting in combination, all the features of Applicant’s invention, in particular the above limitations in combination with the remaining features of the claim, and there would be no motivation, absent the Applicant’s own disclosure, to modify the references in the manner distinctly and specifically called for in the combination as claimed in Claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Iwahashi et al. (US 2015/0264772) discloses a light emitting device comprising a substrate, a first LED array of serially connected first LED chips on the substrate, a second LED array of serially connected second LED chips on the substrate, a first photoluminescence layer covering the first LED array, and a second photoluminescence layer covering the second LED array.
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/WILLIAM N HARRIS/Primary Examiner, Art Unit 2875