www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/630,395
`
`01/10/2020
`
`Takeshi ABE
`
`MIYO.3PUSO1
`
`4438
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`NIU, XINNING
`
`2828
`
`02/24/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-8 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s)filed on 10 January 2020 is/are: a)f¥) accepted or b)() 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).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)Z) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)X) All
`1.2 Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`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.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 01/10/2020,06/08/2021.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220215
`
`Application No.
`Applicant(s)
`16/630,395
`ABE etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`XINNING(TOM) NIU
`2828
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 10 January 2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/630,395
`Art Unit: 2828
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`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 § 103
`
`2.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under eitherstatus.
`
`3.
`
`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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`4.
`
`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 ofthe 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.
`
`5.
`
`Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimotoetal.
`
`(2010/0148203) in view of Zhanget al. (2011/0227476).
`
`

`

`Application/Control Number: 16/630,395
`Art Unit: 2828
`
`Page 3
`
`6.
`
`Regarding claim 1, Hashimotoetal. disclose: a solid-state light emitting element (laser diode 11)
`
`that radiates blue-series laser light (Fig. 3, [0058], [0059]); and a wavelength converter (12) that absorbs
`
`the laser light and performs wavelength conversion of the absorbedlaserlight into light with a longer
`
`wavelength than a wavelength of the laser light (white light has wavelength range longer than
`
`wavelength range of blue laser light) (Fig. 3, [0058], [0059]), wherein the wavelength converter includes:
`
`a silicate phosphor as a main component; and an aluminate phosphor as a main component(Fig. 3,
`
`[0081]).
`
`7.
`
`Hashimotoetal. do not disclose: wherein the wavelength converter includes: a silicate phosphor
`
`containing Lu2CaMg>(SiO4)3:Ce** as a main component; and an aluminate phosphor containing Lus(Ali.
`
`xGax)2(AlO4)3:Ce** as a main component, wherex is a numeric value thatsatisfies O<x<1.
`
`8.
`
`Zhangetal. disclose: a silicate phosphor containing Lux>CaMg2(SiO4)3:Ce** (Lu2CaMg2Si3012:Ce**)
`
`as a main component ([0025]); an aluminate phosphor containing Lus(Al1.Ga,)2(AlO4)3:Ce**
`
`((LuGd)3(AlGa)s012: Ce") as a main component, wherex is a numeric value that satisfies O<x<1 ([0023]).
`
`It would have been obvious to one of ordinaryskill in the art before the effective filing date of the
`
`claimed invention to modify the device of Hashimoto by forming silicate phosphors containing
`
`Lu2CaMg2(SiO4)3:Ce** as the main component and aluminate phosphor containing Lus(Al:.
`
`xGax)2(AlO4)3:Ce?* as a main component, wherex is a numeric value that satisfies O<x<1 in order to
`
`increase the red luminescenceof white light emitting device, which in turn can increase the CRI (Color
`
`Rendering Index).
`
`9.
`
`Regarding claim 2, Hashimoto as modified do not explicitly disclose: wherein the silicate
`
`phosphor is a phosphor that emits light having a fluorescence peak within a wavelength range of 580 nm
`
`or more and less than 630 nm (peak at 575 nm to 680nm) (Zhang, [0027]).
`
`

`

`Application/Control Number: 16/630,395
`Art Unit: 2828
`
`Page 4
`
`10.
`
`Regarding claim 3, Hashimoto as modified do not explicitly disclose: wherein the aluminate
`
`phosphor is a phosphor that emits light having a fluorescence peak within a wavelength range of 490 nm
`
`or more and less than 530 nm (peak at 495 nm to 600 nm) (Zhang, [0021]).
`
`11.
`
`Regarding claim 4, Hashimoto as modified do not explicitly disclose: wherein a difference
`
`between an internal quantum efficiency maintenance factor of the silicate phosphor at 150° C. and an
`
`internal quantum efficiency maintenance factor of the aluminate phosphor at 150° C. is 10% or less.
`
`12.
`
`However, in accordance with MPEP 2144.05 II, Optimization of Ranges: Where the general
`
`conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or
`
`workable ranges by routine experimentation.
`
`In the present application the general conditions are
`
`disclosed, a light emitting device comprising a silicate phosphor and aluminate phosphor each having an
`
`internal quantum efficiency. Therefore, it would have been obvious to one of ordinary skill in the art at
`
`the time of the invention to obtain a workable range of values for the internal quantum efficiency of
`
`each phosphor by routine experimentation.
`
`13.
`
`Regarding claim 5, Hashimoto as modified disclose: wherein the wavelength converter consists
`
`of inorganic compounds (phosphor layeris formed ofsilicone resin which is inorganic) (Hashimoto,
`
`[0062]).
`
`14.
`
`Regarding claim 6, Hashimoto as modified do not explicitly disclose: wherein the light emitting
`
`device radiates output light in which an average color rendering index Ra is 80 or moreand less than 98.
`
`15.
`
`However, in accordance with MPEP 2144.05 II, Optimization of Ranges: Where the general
`
`conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or
`
`

`

`Application/Control Number: 16/630,395
`Art Unit: 2828
`
`Page 5
`
`workable ranges by routine experimentation.
`
`In the present application the general conditions are
`
`disclosed, a light emitting device radiating output light with an average color rendering index.
`
`Therefore, it would have been obvious to one of ordinaryskill in the art at the time of the invention to
`
`obtain a workable range of values for the color rendering index by routine experimentation.
`
`16.
`
`Regarding claim 7, Hashimoto as modified do not explicitly disclose: wherein the light emitting
`
`device radiates output light in which a correlated color temperature is 2500 K or more and less than
`
`8000 K.
`
`17.
`
`However, in accordance with MPEP 2144.05 II, Optimization of Ranges: Where the general
`
`conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or
`
`workable ranges by routine experimentation.
`
`In the present application the general conditions are
`
`disclosed, a light emitting device radiating output light with a correlated color temperature. Therefore,
`
`it would have been obvious to one of ordinaryskill in the art at the time of the invention to obtain a
`
`workable rangeof values for the correlated color temperature by routine experimentation.
`
`18.
`
`Regarding claim 8, Hashimoto as modified disclose: wherein the light emitting device is a laser
`
`illuminator (laser diode 11) (Hashimoto, Fig. 3, [0058]).
`
`Conclusion
`
`19.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure. A. Kalaji et al., “Ce3+-Activated y-Ca2Si04 and Other Olivine-Type ABXO4 Phosphorsfor
`
`Solid-State Lighting”, Chemistry of Materials 2014 26 (13), 3966-3975.
`
`

`

`Application/Control Number: 16/630,395
`Art Unit: 2828
`
`Page 6
`
`20.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to XINNING(TOM) NIU whose telephone number is (571)270-1437. The examiner can
`
`normally be reached M-F: 9:30am-6:00pm.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Minsun Harvey can be reached on 571-272-1835. The fax phone numberfor the organization wherethis
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
`Patent Center. Unpublished application information in Patent Center is available to registered users. To
`
`file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov.Visit
`
`https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
`
`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional
`
`questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like
`
`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
`
`571-272-1000.
`
`/XINNING(Tom) NIU/
`Primary Examiner, Art Unit 2828
`
`