`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
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`15/223,833
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`07/29/2016
`
`Masumi ABE
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`NHPP0171US
`
`9028
`
`03/07/2018 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`TRUONG’ BAO Q
`1621 EUCLID AVENUE
`19TH FLOOR
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`PAPER NUMBER
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`CLEVELAND, OH 44115
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`2875
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`NOTIFICATION DATE
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`DELIVERY MODE
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`03/07/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`ipdocket @rennerott0.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 15/223,833 ABE ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`StatusYes BAO Q. TRUONG 2875
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 2/14/2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 1-11 is/are pending in the application.
`5a) Of the above claim(s) 9-11 is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1-8is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
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`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atents/init events/
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`
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 7/29/2016is/are: a)lX| accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)IZl All
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`b)|:l Some” c)I:l None of the:
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`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 7/29/2016.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20180228
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`

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`Application/Control Number: 15/223,833
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`Page 2
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`Art Unit: 2875
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Election/Restrictions
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`2.
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`Applicant’s election without traverse of Species | including claims 1-8 in the reply
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`filed on 2/14/2018 is acknowledged.
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`Priority
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`3.
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`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`Claim Rejections - 35 USC § 102
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`4.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`5.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
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`6.
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`Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
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`Ohbayashi et al. [US 2013/0092967 A1].
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`Regarding claim 1, Ohbayashi et al. discloses a light-emitting apparatus
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`comprising: a substrate [80]; a light-emitting element [10] disposed on the substrate;
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`

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`Application/Control Number: 15/223,833
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`Page 3
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`Art Unit: 2875
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`and a sealing member [40] that contains a phosphor and a cerium oxide, and seals the
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`light-emitting element, wherein an amount of the cerium oxide contained in the sealing
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`member depends on a peak wavelength of a light emission spectrum of the light-
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`emitting element, and when the peak wavelength of the light emission spectrum of the
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`light-emitting element is 470 nm or less, the amount of the cerium oxide contained in the
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`sealing member is 0.100 wt % or less (figures 1-2, paragraphs 0035, 0043, 0044, whole
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`document).
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`Regarding claim 2, Ohbayashi et al. discloses the light-emitting element emits
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`blue light (paragraph 0043).
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`Regarding claim 3, Ohbayashi et al. discloses the light-emitting element emits
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`blue light, and the amount of the cerium oxide contained in the sealing member is 0.050
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`wt % or less (paragraphs 0035, 0043).
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`Regarding claim 4, Ohbayashi et al. discloses the peak wavelength of the light
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`emission spectrum of the light emitting element is in a range from 430 nm to 470 nm
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`(paragraphs 0043).
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`Regarding claim 5, Ohbayashi et al. discloses the light-emitting element emits
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`violet light, and the amount of the cerium oxide contained in the sealing member is
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`0.050 wt % or less (paragraphs 0035, 0043).
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`Regarding claim 6, Ohbayashi et al. discloses the light-emitting element emits
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`violet light, the amount of the cerium oxide contained in the sealing member is 0.030 wt
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`% or less (paragraphs 0035, 0043).
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`

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`Application/Control Number: 15/223,833
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`Page 4
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`Art Unit: 2875
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`Regarding claim 7, Ohbayashi et al. discloses the peak wavelength of the light
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`emission spectrum of the light emitting element is in a range from 365 nm to 425 nm
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`(paragraph 0043).
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`Regarding claim 8, Ohbayashi et al. discloses the amount of the cerium oxide
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`contained in the sealing member is 0.005 wt % or more (paragraph 0035).
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to BAO Q. TRUONG whose telephone number is
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`Application/Control Number: 15/223,833
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`Page 5
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`Art Unit: 2875
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`you have questions on access to the Private PAIR system, contact the Electronic
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`
`/BAO Q TRUONG/
`
`Primary Examiner
`Art Unit 2875
`
`