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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/047,220
`
`10/13/2020
`
`Tatsuya OKUNO
`
`MIYO.17PUSO01
`
`5053
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`TUMEBO,TSION M
`
`2875
`
`11/12/2021
`
`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*
`1-13 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-13 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 10/13/2020 is/are: a)[¥) 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) 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)¥) All
`1.4) 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
`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 20211105
`
`Application No.
`Applicant(s)
`17/047,220
`OKUNO etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`TSION TUMEBO
`2875
`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 10/13/2020.
`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: 17/047,220
`Art Unit: 2875
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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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.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale, or otherwise available to the public before the effectivefiling date of the claimed
`invention.
`
`1.
`
`Claims 1, 2, 4, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Schugetal. (WO 2006/016325 or US 7,891,844).
`
`Regarding claim 1, SCHUG etal. discloses a light emitting device (see Fig. 1a),
`
`comprising: a laser light source (2a, see page 2, lines 19-28) that emits laser light; a
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`housing (chamber 1) that includes a bottom wall (see fluorescent layer 6 at surface 3a)
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`and a side wall (see fluorescent layer 6 at surface 3b); and a first wavelength converter
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`(fluorescent layer 6) provided on the side wall (3b), the first wavelength converter
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`containing a first phosphor, wherein the bottom wall (8a) of the housing is irradiated with
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`the laser light emitted from the laser light source (2a), and the first phosphor is excited
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`by diffused light of the laser light diffused by the bottom wall (i.e. the light beam from
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`source 2a are emitted through anddiffused at the phosphor layer 6 at side walls,
`
`

`

`Application/Control Number: 17/047,220
`Art Unit: 2875
`
`Page 3
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`wherein phosphor layer 6 at the side walls is excited by these diffused light beams, see
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`Figs. 1a and 1b).
`
`Regarding claim 2, SCHUG etal. further discloses the bottom wall (3a, see Fig.
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`1a) comprisesalight diffusing layer (bottom phosphor layer 6, see Fig. 1a) that diffuses
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`the laser light.
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`Regarding claim 4, SCHUG etal. further discloses the light diffusing layer is a
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`second wavelength converter containing a second phosphor (i.e. with red, green and
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`blue fluorescent material for generating white, yellow-brown or amber colored light or
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`with red fluorescent material which is excited by blue LED elements), and the first
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`wavelength converter is excited by diffused light diffused by irradiating the light diffusing
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`layer with the laser light.
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`Regarding claim 6, SCHUG etal. further discloses the bottom wall (3a) of the
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`housing is directly irradiated with the laser (2a) light while the first wavelength converter
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`is not directly irradiated with the laser light (see Fig. 1a).
`
`Regarding claim 8, SCHUG etal. further discloses the bottom wall of the
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`housing is made of a translucent member that transmits the laser light (2a), and the
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`laser light enters an internal space of the housing through the bottom wall (3a, see Fig.
`
`1a).
`
`

`

`Application/Control Number: 17/047,220
`Art Unit: 2875
`
`Page 4
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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.
`
`2.
`
`Claims 3, 5, 7, and 9-13 are rejected under 35 U.S.C. 103 as being
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`unpatentable over SCHUG etal. (WO 2006/016325 or US 7,891,844) in view of
`
`Beeson etal. (US 7,040,774).
`
`Regarding claims 3 and 5, the teachings of SCHUG et al. have been discussed
`
`above.
`
`However, SCHUG etal. does not explicitly disclose the light diffusing layer is a
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`light diffusing body containing non-luminous inorganic particles, and the first wavelength
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`converter is excited by diffused light diffused by irradiating the light diffusing layer with
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`the laser light, wherein the light diffusing layer is made of only an inorganic substance.
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`Beeson etal. teachesa light-recycling envelope (e.g. 402, see Figs. 10A-10B,
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`Col. 41; lines 19-25) that light diffusing layer (wavelength conversion layer 414, see
`
`Figs. 10A, 10B, Col. 41; lines 12-25)is a light diffusing body containing non-luminous
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`inorganic particles (see Col. 11; lines 65-67 and Col. 12; lines 1-4, lines 43-58), anda
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`first wavelength converter is excited by diffused light diffused by irradiating the light
`
`diffusing layer with a laser light (406, see Figs. 10A and 10B, Col. 21; lines 21-25 and
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`Col. 41; lines 12-18).
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`

`

`Application/Control Number: 17/047,220
`Art Unit: 2875
`
`Page 5
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`Therefore, in view of Beeson etal., it would have been obvious for a person of
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`ordinaryskill in the art before the effective filing date of the claimed invention to modify
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`SCHUG etal.’s diffusing layer to include a non-luminous inorganic particles for the
`
`purpose of enhancing the output radiance and luminanceof the light exiting the light
`
`emitting device. One would have been motivated to make this combination to increase
`
`the light emitting device brightness.
`
`Regarding claim 7, the teachings of SCHUG etal. have been discussed above.
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`However, SCHUG etal. does not explicitly disclose the bottom wall of the
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`housing is made of a reflecting member that reflects the laser light, and the laser light
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`enters an internal space of the housing through an aperture of the housing.
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`Beeson etal. further teaches the bottom wall of the housing (the light-recycling
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`envelope) is made of a reflecting member that reflects the laser light (see Figs. 4C, 4D,
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`and 5D, see Col. 16; lines 28-34); wherein the laser light enters an internal space of the
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`housing through an aperture (see Fig. 15) of the housing.
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`Therefore, in view of Beeson etal., it would have been obvious for a person of
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`ordinaryskill in the art before the effective filing date of the claimed invention to modify
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`SCHUG etal.’s housing to be made from a reflecting member thereby the lights may
`
`endlessly reflect without exiting the housing. One would have been motivated to make
`
`this combination to enhance the output radiance and luminance ofthe light exiting the
`
`housing.
`
`

`

`Application/Control Number: 17/047,220
`Art Unit: 2875
`
`Page 6
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`Regarding claims 9 and 10, SCHUG etal. further discloses when viewed along
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`an optical axis of the laser light emitted from the laser light source (2a) toward the
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`bottom wall.
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`However, SCHUG etal. does not explicitly disclose the area of an aperture
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`(opening 4, see Figs. 1a and 2) communicating with an internal space of the housing is
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`smaller than that of the light diffusing layer; wherein when viewed along an optical axis
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`of the laser light emitted from the laser light source toward the bottom wall, the area of
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`an aperture communicating with an internal space of the housing is larger than thatof
`
`the light diffusing layer.
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`Beeson etal. further teaches the bottom wall of the housing (the light-recycling
`
`envelope) an aperture (e.g. output aperture 624, see Figs. 1a, 2, and 15)
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`communicating with an internal space of the housing is smaller/larger than that of the
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`light diffusing layer (see Figs. 5D, 10A, 10B, and 15).
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`Therefore, in view of Beeson etal., it would have been obvious for a person of
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`ordinaryskill in the art before the effective filing date of the claimed invention to modify
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`SCHUG et al.’s housing to be formed thereby the aperture communicating with an
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`internal space of the housing is smaller than that of the light diffusing layer in order to
`
`provide maximum mixing oflight.
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`Regarding claims 11-13, the teachings of SCHUG et al. have been discussed
`
`above.
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`However, SCHUG etal. does not explicitly disclose a light guiding mechanism
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`interposed between the laser light source and the housing, the light guiding mechanism
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`

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`Application/Control Number: 17/047,220
`Art Unit: 2875
`
`Page 7
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`guiding the laser light emitted from the laser light source to the bottom wall, wherein the
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`light guiding mechanism comprises a connecting portion that is detachable, as recited in
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`claim 11; wherein the connecting portion comprises a connecting structure that
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`connects a connecting member ona laser light source side and a connecting member
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`on a housing side by rotating at least one of the connecting member on the laser light
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`source side or the connecting member on the housing side, as recited in claim 12;
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`wherein the light guiding mechanism comprises an optical fiber support that supports a
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`light emitting part of an optical fiber that guides and emits the laser light emitted from
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`the laser light source, and a housing support that supports the housing and guides the
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`laser light to the bottom wall of the housing, and the optical fiber support and the
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`housing support have a screwstructure therebetween, the screw structure connecting
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`the optical fiber support and the housing support, as recited in claim 13.
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`Beeson etal. further teaches a light guiding (416/626, see Figs. 10B and 15,
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`Col. 41; lines 30-32) mechanism interposed between the laser light source (406/606,
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`see Figs. 10B and 15) and the housing (402/602), the light guiding mechanism guiding
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`the laser light emitted from the laser light source to the bottom wall (see Col. 58; lines 9-
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`15). Beeson etal. further teaches the light guiding mechanism comprises an optical
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`fiber (1320, see Fig. 22, Col. 70; lines 34-65) comprises a connecting portion that is
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`detachable.
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`Therefore, in view of Beeson etal., it would have been obvious for a person of
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`ordinaryskill in the art before the effective filing date of the claimed invention to modify
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`SCHUG etal. to include light guiding mechanism interposed between the laser light
`
`

`

`Application/Control Number: 17/047,220
`Art Unit: 2875
`
`Page 8
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`source and the housing for purposeof collimating light. One would have been
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`motivated to make this combination to enhance the light coupling efficiency.
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`Regarding having a connecting portion and connecting member. It would have
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`been obvious for a person of ordinary skill in the art before the effective filing date of the
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`claimed invention to modify SCHUG etal. by including a connecting member suchas to
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`detachably connectlight guiding mechanism, since it has been held by the courts that
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`combining prior art elements according to known methods to yield predictable results, or
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`choosing from a finite number of identified, predictable solutions, with a reasonable
`
`expectation of success, is not sufficient to distinguish over the prior art, as it requires
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`only ordinaryskill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385,
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`1397 (2007). In this case, including a connecting member to connectthe light guiding
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`mechanism with the light source and the housing would have flown naturally to one of
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`ordinary skill in the art as necessitated by the specific requirements of a given
`
`application.
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`Conclusion
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`3.
`
`The prior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure. Einig et al. (US 10,760,745) an LED lighting unit comprising a
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`container with a number of partially reflective side walls; Harbers et al. (US 9,581,300)
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`discloses an illumination module includes a color conversion cavity with a first interior
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`surface having a first wavelength converting material and a second interior surface
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`having a second wavelength converting material; Harada (US 8,851,694) discloses a
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`semiconductor light source apparatus can include a clad layer, a phosphor layer
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`surroundedbythe clad layer and a laser diode emitting a laser light; Abu-Ageel (US
`
`

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`Application/Control Number: 17/047,220
`Art Unit: 2875
`
`Page 9
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`8,096,668) discloses a wavelength conversion material with an omni-directional reflector
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`is utilized to enhancethe optical efficiency of an illumination system.
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`4.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Tsion Tumebo whosetelephone number is 571 -270-
`
`1668. The examiner can normally be reached on 7:30 am to 4:00 pm, Mondaythru
`
`Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Jong-Suk (James) Lee can be reached on (571)272-7044. The fax phone
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`number for the organization where this application or proceeding is assigned is 571-
`
`273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
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`more information about the PAIR system, see http://pair-direct.uspto.gov. Should you
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`Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a USPTO
`
`Customer Service Representative or access to the automatedinformation system, call
`
`800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/TSION TUMEBO/
`Primary Examiner, Art Unit 2875
`
`