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`
`from a mixture of inorganic phosphors was discussed abovein the rejection over
`Stevenson in view of APA, Wanmaker, and Nakamura which applies equally to claim
`118.
`
`Thusthe only difference is that there is no indication that the phosphoric mixture of
`APA or Wanmaker is dispersed in a polymerthat is on or about the GaN-based LED.
`As noted above, Tabuchi teaches the phosphor 7 is coated on the wall of the
`transparent cover 6:
`
`A phosphorlayer 7 is provided by applying a binding agent in which a
`phosphorto convert the radiation from light emitting semiconductor device 4
`to visible light is dispersed on the inner surface of transparent cover 6.
`Transparent cover 6 is made of a material such as glass or an epoxyresin is
`preferably fixed to stem 1 so that it can also function as a cap for hermetic
`sealing.
`
`(Tabuchi translation, pp. 3-4; emphasis added)
`
`Although Tabuchi doesnotindicate the identity of the binder, Martic teaches that it
`has long been known(since 1973) to use organic resins (i.e. polymers) as binding
`agents specifically for inorganic phosphors in the manufacture of luminescent
`screens:
`
`§
`
`In still another aspect, this invention relates to screens comprising inorganic
`phosphors wherein the binding agent for said phosphors comprises a
`polyurethane elastomer alone or in combination with an alkyl
`methacrylate resin in various ratio ranges.
`
`(Martic, col. 1, lines 10-14; emphasis added)
`
`It would have been obvious to one of ordinary skill in the art, at the time of the
`invention to disperse APA or Wanmaker’s inorganic phosphorsin the polymeric
`binding agent of Martic to make the phosphor layer 7 in Tabuchi, because Tabuchi
`is silent as to the binding agent for the phosphor, such that one of ordinary skill
`would use known binders specifically used for inorganic phosphors that must emit
`light.
`
`This is all of the additional features of claims 118 and 129.
`
`Proposed new Claims 134 and 144read,
`
`134. A light-emitting device, comprising:
`
`at least one single-die gallium nitride based semiconductor blue light-
`emitting diode (LED) coupleable with a power supply to emit a primary
`radiation which is the same for each single-die LED present in the device,
`said primary radiation being a relatively shorter wavelength radiation; and
`
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`a down-converting luminophoric medium arrangedin receiving relationship to
`said primary radiation, and which in exposure to said primary radiation, is
`excited to responsively emit a secondary,relatively longer wavelength,
`polychromatic radiation, with separate wavelengths of said polychromatic
`radiation mixing to produce a white light output,
`
`wherein each of the at least one single-die gallium nitride based
`semiconductor blue light-emitting diode in interaction with luminophoric
`medium receiving its primary radiation produces white light output,
`
`and wherein the luminophoric medium is dispersed in a polymerthat is
`on or about the single-die gallium nitride based semiconductor blue light-
`emitting diode.
`
`144. The light-emitting device of claim 134, wherein the luminophoric
`medium comprises inorganic luminophoric material.
`
`Each of the additional features of these claims, highlighted in bold has been.
`discussed above.
`
`Proposed new claims 162 and 167 read,
`
`162. A light-emitting device, comprising:
`
`at least one single-die gallium nitride based semiconductor blue light-
`emitting diode (LED) coupleable with a power supply to emit a primary
`radiation which is the same for each single-die LED present in the device,
`said primary radiation being a relatively shorter wavelength blue light
`radiation; and
`
`
`a down-convertingluminophoric medium arrangedin receiving relationship to
`‘ said primary radiation, and which in exposure to said primary radiation, is
`
`excited to responsively emit a secondary, relatively longer wavelength,
`polychromatic radiation,with separate wavelengths of said polychromatic
`radiation mixing to produce a white light output,
`
`wherein each single-die gallium nitride based semiconductor blue light-
`emitting diode in interaction with luminophoric medium receiving its primary
`radiation produces white light output,
`
`and wherein said at least one single-die gallium nitride based semiconductor
`blue light-emitting diode is in a housing comprising a light-transmissive
`wall member in spaced relationship to said at least one single-die gallium
`nitride based semiconductor blue light-emitting diode,
`
`and wherein said luminophoric medium is dispersed in or on said
`light-transmissive wall member.
`
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`167. The light-emitting device of claim 162, wherein the luminophoric
`medium comprises inorganic luminophoric material.
`
`Each of the additional features of these claims, highlighted in bold has been
`discussed above. Tabuchi’s cover6is called a “transparent cover 6”soit is
`necessarily a housing comprising a light-transmissive wall member in spaced
`relationship to the LED. The phosphor layer 7 is dispersed on transparent cover 6.
`
`Proposed new claims 79, 80, 116, 117, 132, 133, 147, and 148 read,
`
`79. The light-emitting device of claim 62, comprising a light-emitting diode
`lamp.
`
`
`lamp comprises the at least one single-die gallium nitride based
`semiconductor blue light-emitting diode and inorganic /uminophoric material
`within an enclosure comprising material that is light-transmissive of said
`white light output.
`
`116. The light-emission device of claim 100, comprising a light-emitting
`diode lamp.
`
`117. The light-emission device of claim 116, wherein the light-emitting diode
`lamp comprises the single-die gallium nitride based semiconductor blue light-
`emitting diode and inorganic luminophoric material within an enclosure
`comprising material that is light- transmissive of said white light.
`
`132. The light-emission device of claim 118, comprising a light-emitting
`diode lamp.
`
`133. The light-emission device of claim 132, wherein the light-emitting diode
`lamp comprises the single-die gallium nitride based semiconductor blue light-
`emitting diode and inorganic /Juminophoric material within an enclosure
`comprising material that is light- transmissive of said white light.
`
`147. The light-emission device of claim 134, comprising a light-emitting
`diode lamp.
`,
`
`148. The light-emission device of claim 147, wherein the light-emitting diode
`lamp comprises the single-die gallium nitride based semiconductor blue light-
`emitting diode and inorganic luminophoric material within an enclosure
`comprising material that is light-transmissive of said white light output.
`
`Regarding claims 79, 116, 132, and 147, the device of Stevenson as modified by -
`the other references includes a single LED package which is therefore a lamp.
`
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`Regarding claims 80, 117, 133, and 147, as discussed above, Tabuchi teaches that
`the LED lamp includes an enclosure having a transparent cover 6 with the phosphor
`coating 7 on the interior surface thereof. Because the transparent cover 6 is
`transparent, it is /ight-transmissive of said white light output.
`
`D. Tabuchi as a base reference
`
`1. Claims 1, 5,22, 26, 172, 173, 176, and 177 are rejected under 35 U.S.C.
`102(b) as being anticipated by Tabuchi, as evidenced by the CRC Handbook.
`
`Proposed amended claim 1 reads,
`[1] 1. A light emitting device, comprising:
`
`[2] at least one single-die semiconductor light-emitting diode (LED)
`coupleable with a power supply to emit a primary radiation [3] which is the
`samefor each single-die semiconductor LED presentin the device, [4] said
`primary radiation being a relatively shorter wavelength radiation outside the
`visible white light spectrum; and
`
`[5] a down-converting luminophoric medium arrangedin receiving
`relationship to said primary radiation, and which in exposure to said primary
`radiation responsively emits radiation at a multiplicity of wavelengths andin
`the visible white light spectrum, with said radiation of said multiplicity of
`wavelengths mixing to produce a white light output, [6] wherein each of the
`at least one single-die semiconductorlight-emitting diode in interaction with
`Juminophoric medium receivingits primary radiation produces white light
`output,
`
`Feature [1]: 1. A light emitting device
`
`Tabuchi’s Fig. 1 (reproduced below) shows a LED 4, which can be a GaN-based
`LED, in a housing including transparent cover 6 having a phosphor film 7 coated
`thereon to convert the primary radiation (UV or IR) from said LED 4 into visible
`light. Visible light includes white light. The LED includes two leads 3 for powering
`the LED.
`
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`(Tabuchi, Fig. 1)
`
`In regard to the embodiment shown in Fig. 1, Tabuchi states,
`
`Figure 1 depicts a light emitting semiconductor apparatus of an example
`of the present utility model invention. In the example, the present utility
`model invention is applied to a light emitting semiconductor apparatus which
`employs a so-called TO-5 stem. Figure 1, glass 2 fixes leads 3 in a TO-5 metal
`stem 1. A light emitting semiconductor device 4 is conductively
`connected to stem 1. A transparent cover 6 according to the present utility
`model invention is fixed on stem 1. A phosphor layer 7 is provided by
`applying a binding agent in which a phosphor to convert the radiation
`from light emitting semiconductor device 4 to visible light is
`dispersed on the inner surface of transparent cover 6. Transparent
`cover 6 is made of a material such as glass or an epoxyresin is preferably
`fixed to stem 1 so that it can also function as a cap for hermetic sealing.
`.
`
`In the light emitting apparatus of the present utility model invention,
`phosphor layer 7 converts infrared or UV emitted from light emitting
`semiconductor device 4 to visible light which is radiated in random
`directions. Therefore, the light emitting semiconductor apparatus can produce
`an emission with a uniform intensity over a large area. Further, the light
`emitting semiconductor apparatus utilizes a relatively small quantity of
`phosphor and hence, is inexpensive.
`
`(Tabuchi translation, pp. 3-4; emphasis added)
`
`A light emitting semiconductor apparatus of the presentutility model
`invention is not limited to the structures and materials illustrated in the above
`examples. For example, it goes without saying that a near UV light emitting
`devices with GaN can be employed and that an ordinary UV-visible light
`conversion phosphorcan beutilized.
`
`(Tabuchi translation, p. 5; emphasis added)
`
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`Feature [2]: at /east one single-die semiconductorlight-emitting diode
`(LED) coupleable with a powersupply to emit a primary radiation
`
`Tabuchi’s Fig. 1 above showsa single-die semiconductor LED 4 where the
`semiconductor includes GaN when UVlight is the primary light (id.). Fig. 1 also
`showsthat leads 3 that couple the LED to a power supply (/d.).
`
`Feature[3]: which is the samefor each single-die semiconductor LED
`present in the device
`
`Only one LED is required by the claim. Therefore, the primary light is the same for
`each LED.
`
`Feature [4]: said primary radiation being a relatively shorter wavelength
`radiation outside the visible white light spectrum
`
`Ultraviolet (UV) light (i.e. below 400 nm wavelength) is necessarily outside the
`visible white light spectrum, as admitted in the '175 patent.
`
`Feature [5]: a down-converting /luminophoric medium arranged in receiving
`relationship to said primary radiation, and which in exposure to said primary
`radiation responsively emits radiation at a multiplicity of wavelengths and in
`the visible white light spectrum, with said radiation of said multiplicity of
`wavelengths mixing to produce a white light output,
`
`Tabuchi discloses a down-converting luminophoric medium (phosphor film 7, which
`can be “an ordinary UV-visible light conversion phosphor”) for converting UV light
`from the GaN-based LED into visible light:
`
`A light emitting semiconductor apparatus of the present utility model
`invention is not limited to the structures and materials illustrated in the above
`examples. For example, it goes without saying that a near UV light emitting
`devices with GaN can be employed and that an ordinary UV-visible light
`conversion phosphor can beutilized.
`
`(Tabuchi translation, p. 5; emphasis added)
`
`Visible light is 4000 A to 7000&that inherently includes a multiplicity of
`wavelengths, again as evidenced by the CRC Handbook, above; therefore the
`“ordinary UV-visible light conversion phosphor” responsively emits radiation at a
`multiplicity of wavelengths andin the visible white light spectrum.
`
`Feature [6]: wherein each of the at least one single-die semiconductor
`light-emitting diode in interaction with luminophoric medium receiving its .
`primary radiation produces white light output.
`
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`It is implicit that each of Tabuchi's individual LEDs is capable of producing white
`light because oneof ordinary skill would recognize that visible light made by “an
`ordinary UV-visible light conversion phosphor”includes white light.
`
`This is all of the features of proposed amendedclaim 1.
`
`Proposed amended claim 5 reads,
`
`5. A light-emitting device, comprising:
`
`at least one single-die semiconductorlight-emitting diode (LED) coupleable
`with a power supply to emit a primary radiation which is the same for each
`single-die LED present in the device, said primary radiation being a relatively
`shorter wavelength radiation; and
`
`a down-converting luminophoric medium arrangedin receiving relationship to
`said primary radiation, and which in exposure to said primary radiation, is
`excited to responsively emit a secondary, relatively longer wavelength,
`polychromatic radiation, with separate wavelengths of said
`polychromatic radiation mixing to produce a white light output, each of the
`at least one single-die semiconductor light-emitting diode in interaction with
`luminophoric medium receiving its primary radiation produces white light
`output.
`
`Claim 5 is distinct from claim 1 in that (1) the primary radiation is not required to
`include radiation outside the visible white light spectrum; (2) the down-converting
`is required to yield longer wavelengths than that of the primary radiation; and (3)
`separate wavelengths are required to be produced.
`
`With regard to difference (1), claim 5 is broader in this respect; thus, Tabuchi
`discloses the claimed LED for the reasons indicated in conjunction with claim 1.
`
`With regard to differences (2) and (3), as discussed in rejecting claim 1 above,
`Tabuchi discloses that the light is down-converted (in terms of energy) to visible
`light by any “ordinary UV-visible light conversion phosphor”. Visible light includes
`white light which is necessarily polychromatic, as evidenced by the CRC Handbook
`(i.e. visible light includes a combination of the wavelengths from 700 to 400 nm).
`Because Tabuchi discloses that any “ordinary UV-visible light conversion phosphor”
`can be used to producethevisible light, which includes white light, those of
`ordinary skill in the art would recognize that the phosphors to which Tabuchi refers
`include those producing whitelight.
`
`This is all of the features of claim 5.
`
`Claim 22 reads,
`
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`
`22. A light-emitting device according to claim 5, wherein each single-die
`semiconductor LED present in the device comprises a single-die two-lead
`semiconductor LED.
`
`As noted abovein rejecting claim 1, Tabuchi discloses a GaN-based LED having two
`leads 3 (Tabuchi translation, p. 5; Fig. 1).
`
`Claim 26 reads,
`
`26. A light-emission device, comprising
`
`a single-die, two-lead semiconductor light-emitting diode emitting radiation;
`and
`
`a recipient down-converting luminophoric medium for down-converting the
`radiation emitted by the light-emitting diode, to a polychromatic white light.
`
`This claim is significantly broader than claim 22 above. Tabuchi discloses each of
`the features of this claim for the reasons discussed in rejecting claims 1, 5, and 22
`above.
`
`Proposed new claims 172 and 176read,
`
`
`172. The light-emitting device of claim_5, wherein the secondary, relatively
`longer wavelength, polychromatic radiation comprises a broad spectrum of
`frequencies.
`
`176. The light-emission device of claim 26, wherein radiation down- —
`converted by the recipient down-converting Iuminophoric medium comprises
`a broad spectrum of frequencies.
`
`As noted above, visible light includes a broad spectrum of frequencies, as evidenced
`by the CRC Handbook. Therefore, Tabuchi’s the secondary, down-converted
`radiation emitted from Tabuchi’s light emitting device includes a broad spectrum of
`frequencies.
`
`Proposed new claims 173 and 177 read,
`
`- 173. The light-emitting device of claim 5, wherein the single-die
`semiconductor light-emitting diode is on a support in an interior volume of a
`light-transmissive enclosure.
`
`177. The light-emission device of claim 26, wherein the single-die, two-lead
`semiconductorlight-emitting diode is on a support in an interior volume of a
`light-transmissive enclosure.
`
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`Tabuchi’s Fig. 1, above showsthat the single-die, two-lead 3 semiconductorlight-
`emitting diode 4 is on a support 1 in an interior volumeof a light-transmissive
`enclosure 6.
`
`2. Claims 1, 5, 22, 26, 27-32, 41-46, 55-60, 172, 173, 176, and 177 are
`rejected under 35 U.S.C. 103(a) as being unpatentable over Tabuchi in view of
`Admitted Prior Art (APA).
`
`The prior art of Tabuchi, as explained above, is believed to disclose each of the
`features of claims 1, 5, 22, 26, 172, 173, 176, and 177. If it is believed by
`Patentee, however, that Tabuchi does not include white light, then this may be a
`difference between Tabuchi and claims 1, 5, 22, 26, 172, 173, 176, and 177.
`
`As noted above, Tabuchi discloses that any “ordinary UV-visible light conversion
`phosphor” can be used to producethe visible light (Tabuchi translation, p. 5;
`emphasis added).
`
`APAteachesfluorescentlight bulbs use ordinary UV-visible light conversion
`phosphors for producing white light and that such phosphorsare inorganic:
`
`It is well known that so-called fluorescent lamps provide white light
`‘illumination. In a fluorescent lamp, the Hg vapor in the vacuum tubeis
`excited by an electrical discharge. The excited Hg atoms emitlight, primarily
`in the ultraviolet region (e.g., 254 nm, 313 nm, 354 nm), whichis
`absorbed by the inorganic phosphors coating the inside walls of the
`tube. The phosphors then emit light. These inorganic phosphors are designed
`as such to offer white light emission by "down-converting" (i.e., transforming
`a higher frequency, shorter wavelength form of energy to a lower frequency,
`‘longer wavelength form of energy) the ultraviolet emissions of the excited
`states of atomic Hg into a broad spectrum of emitted light which appears as
`white to the observer. However, these light emitting devices are not
`solid-state, ...
`
`(the ‘175 patent, col. 3, lines 40-53; emphasis added)
`
`It would have been obvious to one ofordinaryskill in the art, at the time of the
`invention to use APA's inorganic phosphor in Tabuchi because Tabuchi explicitly
`suggests using any “ordinary UV-visible light conversion phosphor” and because
`APA teaches such an ordinary phosphor for producing white light from UV light.
`
`Further regarding proposed new claims 172 and 176reads, as noted above,
`visible light includes a broad spectrum of frequencies, as evidenced by the CRC
`Handbook. Therefore, the secondary, down-converted radiation emitted from
`Tabuchi/APA’‘slight emitting device includes a broad spectrum of frequencies,
`noting that APA teaches plural phosphors that necessarily emit plural wavelengths
`oflight.
`
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`Proposed new claims 27, 41, and 55 read,
`
`Page 88
`
`27. The light emitting device of claim 1, wherein the luminophoric medium
`comprises an inorganic luminophor.
`
`41. The light emitting device of claim 5, wherein the luminophoric medium
`comprises an inorganic luminophor.
`
`55. The light emitting device of claim 26, wherein the luminophoric medium
`comprises an inorganic /uminophor.
`
`As just noted, APA teaches that the phosphor is inorganic.
`
`Proposed new claims 28-30, 42-44, and 56-58 read,
`
`28. The light emitting device of claim 27, wherein the inorganic luminophoris
`dispersed on or in a housing member.
`
`29. The light emitting device of claim 27, wherein the inorganic luminophoris
`dispersed in a film on a surface of a housing member.
`
`30. The light emitting device of claim 27, wherein the inorganic luminophoris
`within a housing member.
`
`42. The light emitting device of claim 41, wherein the inorganic luminophoris
`dispersed on or in a housing member.
`
`43. The light emitting device of claim 41, wherein the inorganic luminophoris
`dispersed in a film on a surface of a housing member.
`
`44. The light emitting device of claim 41, wherein the inorganic luminophoris
`within a housing member
`
`56. The light emitting device of claim 55, wherein the inorganic luminophor is
`dispersed on or in a housing member.
`
`57. The light emitting device of claim 55, wherein the inorganic luminophoris
`dispersed in a film_on a surface of a housing member.
`
`58. The light emitting device of claim 55, wherein the inorganic luminophoris
`within a housing member.
`
`Tabuchi’s Fig. 1, above, shows that the phosphor layer 7 is in a film on the inside
`surface of the transparent cover 6:
`
`A phosphorlayer 7 is provided by applying a binding agent in which a
`phosphor to convert the radiation from light emitting semiconductor device 4
`to visible light is dispersed on the inner surface of transparent cover6.
`
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`Transparent cover 6 is made of a material such as glass or an epoxyresin is
`preferably fixed to stem 1 so that it can also function as a cap for hermetic
`sealing.
`
`(Tabuchi translation, p. 3, last full 4; emphasis added)
`
`Thus, Tabuchi discloses phosphor 7 is located on, in, within, and in a film ona
`surface, of a housing member 6.
`
`This is also entirely consistent with the APA phosphor whichis a coating on the
`inside of the light bulb housing.
`
`.
`
`Proposed new claims 31, 32, 45, 46, 59, and 60 read,
`
`31. The light emitting device of claim 27, wherein each said LED comprises
`material selected from the group consisting of gallium nitride and its
`alloys.
`
`32. The light emitting device of claim 27, wherein each said LED comprises
`gallium nitride.
`
`45. The light-emitting device of claim 41, wherein each said LED comprises
`material selected from the group consisting of gallium nitride and its
`alloys.
`
`46. The light-emitting device of claim 41, wherein each said LED comprises
`gallium nitride.
`
`59. The light-emission device of claim 55, wherein the light-emitting diode
`comprises material selected from the group consisting of gallium nitride
`andits alloys.
`
`60. The light-emission device of claim 55, wherein the light-emitting diode
`comprises gallium nitride.
`
`As noted above, Tabuchi indicates that the LED is GaN when UVlight is used as the
`primary radiation:
`
`A light emitting semiconductor apparatus of the present utility model
`invention is not limited to the structures and materials illustrated in the above
`examples, For example, it goes without saying that a near UV light emitting
`devices with GaN can be employed and that an ordinary UV-visible light
`conversion phosphor can beutilized.
`
`(Tabuchi translation, p. 5; emphasis added)
`
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`3. Claims 1, 5, 22, 26, 172, 173, 176, 177, and 187 are rejected under 35
`
`U.S.C. 103(a) as being unpatentable over Tabuchi in view of Pinnow.
`
`The prior art of Tabuchi, as explained above, is believed to disclose each of the
`features of claims 1, 5, 22, 26, 172, 173, 176, and 177. If it is believed by
`Patentee, however, that Tabuchi does not include white light, then this may be a
`difference between Tabuchi and claims 1, 5, 22, 26, 172, 173, 176, and 177.
`
`As noted above, Tabuchi discloses that any “ordinary UV-visible light conversion
`phosphor” can be used to producethe visible light (Tabuchi translation, p. 5;
`emphasis added).
`
`wherein each of the at least-one single-die semiconductor light-emitting
`diode in interaction with luminophoric medium receiving its primary radiation
`produces white light output. (claim 1)
`
`each of the at least one single-die semiconductorlight-emitting diode in
`interaction with luminophoric medium receiving its primary radiation
`produces white light output. (claim 5)
`
`a recipient down-converting luminophoric medium for down-converting the
`radiation emitted by the light-emitting diode, to a polychromatic white light.
`(claim 26)
`
`Pinnow teachesa display wherein a laser (instead of an LED) is used to produce
`primary visible or UV light that is down-converted by a mixture of phosphors
`into visible, secondary light of longer wavelength light which explicitly includes
`whitelight:
`
`A single color display is produced by projection using a scanning laser beam
`operating in the visible or ultraviolet and a photoluminescent screen which
`emits in the visible. Combinations of phosphors may be employed to
`simulate white or desired colors.
`
`(Pinnow, abstract)
`
`Pinnow’s Fig. 3 shows the light emitting device (a display) including the laser 10
`and one example of a phosphor screen 15. The primary light from the laser 10 is
`down-converted by phosphor screen 15 to producevisible light. Importantly,
`Pinnow teaches that phosphorsfor each primary color can be mixed togetherin a
`resin to produce white light:
`
`In this description, use will be made of the term "colorant" or "organic
`colorant." It is to be understood that this term includes photoluminescent
`organic dyes and pigments. Pigmentsare particularly useful and may be
`formed by dissolving a dye in an organic resin solution whichis
`subsequently condensed. It is known that luminescentefficiency in certain
`cases may be enhancedif the dye is absorbed on a colloid which may take the
`form of gell [sic] fibers or particles of high molecular weight polymers.
`
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`(Pinnow, paragraph bridging cols. 1-3; emphasis added)
`
`The invention is broadly premised on the use of such organic colorants.
`Monochromatic displays result from use of homogeneous phosphor
`screens, These may be present as self-supporting membersor as
`coatings, and they may be made up on one or any combination of
`colorants required to produce the desired balance.
`
`(Pinnow, col. 2, lines 15-20; emphasis added)
`
`A black and white display can be achieved by scanning a monochromatic
`laser beam on a viewing screen that is coated with an appropriate blend
`of phosphorsanddirect scattering materials such as powdered MgO or talc.
`For example, a combination of scattered light from a blue argon-ion laser
`beam (4,880 A.) [i.e. visible light] and blue-to-red converted light from |
`either of the Rhodamine dye phosphors can produce a white appearance
`since a straight line connecting these primaries on the chromaticity diagram
`passes very near to illuminant C.
`A combination of more than two primaries can also be used to produce
`white. As an example, a Cd-He laser beam whichilluminates a correctly
`proportioned mixture of MgO and dye phosphors 3,484 A. and 3,485 A.[i.e.
`ultraviolet light] can be used to achieve a white appearance. Alternately,
`MgO maybe replaced by pyrelene-containing materials or 7-diethyl amino, 4-
`methyl coumarin-containing materials (blue-to-blue and ultraviolet-to-blue
`converting phosphor, respectively, to completely eliminate speckle).
`
`Regardless of how many phosphorsare used, it is apparent from the
`chromaticity diagram that a necessary condition for achieving a true white is
`that the illuminating laser beam have a wavelength of approximately
`4,950 A. or shorter. Otherwise,it is impossible to include illuminant C
`within .a polygon whose primaries are the source and any combination of
`longer wavelengths that can be achieved by down-conversion of frequency.
`Fortunately, the argon-ion laser satisfies this necessary condition.
`
`(Pinnow, col. 3, lines 24-55; emphasis added)
`
`(It is noted that Pinnow uses “A.” for “angstrom”, which is properly, instead, R.)
`
`It is important to note in the final paragraph from Pinnow excerpted above, Pinnow
`tells those of ordinary skill that any primary radiation can be used so long as
`its wavelength is 4950 A (495 nm) or shorter, providing examples of both
`blue and UV light sources for the primary light that is down-convertedinto visible
`light. Tabuchi’s GaN-based LED meetsthis criteria, as discussed above. Tabuchi’s
`GaN-based LED emits UV light. Therefore, those of ordinary skill using the phosphor
`mixtures taught by Pinnow havea certain expectation of success. Pinnow shows
`that the results ofilluminating the phosphor mixture with UV light or blue light(i.e.
`shorter than 4950 A) producesentirely predictable results in making white light of
`any shade desired.
`
`LOWES 1034, Page 93
`TCL 1034, Page 93
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`LOWES 1034, Page 93
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`

`

`Application/Control Number: 90/010,940
`Art Unit: 3992
`
`Page 92
`
`It would have been obvious to one of ordinary skill in the art, at the time of the
`invention to use Pinnow’s phosphor mixtures, made as coating or self-standing
`elements (Pinnow, col. 2, lines 15-20) as the phosphor mixture in Tabuchi, in order
`to produce a visible white light. Because Tabuchi is silent as to the specific
`“ordinary UV-visible light conversion phosphor” needed to producevisible light, one
`of ordinary skill would use known materials Known to work for the intended
`purpose, such as that taught in Pinnow.
`
`
`Thus, Tabuchi modified to ensure a mixture of phosphors is used, ensures that each
`of the at least one single-die semiconductorlight-emitting diode in interaction with
`luminophoric medium [phosphor mixture] receiving its primary radiation produces
`white light output, as newly claimed in proposed amended claim 1, and as similarly
`claimed in claims 5 and 26.
`
`Proposed new claim 187 reads,
`
`187. A light emitting device comprising a light-emitting diode operative to
`emit
`bl
`aviolet radiation,
`packaged wi
`1
`oric medium
`in. a polymeric matrix, wherein the luminophoric medium absorbs blue or
`ultraviolet radiation from the light-emitting diode and down converts same to
`a broad spectrum of frequencies producing polychromatic white light,
`wherein the light-emitting diode is a single-die, two-lead semiconductor
`light-emitting diode.
`
`Claim 187 is distinguished from claim 26 in (1) specifying the radiation emitted
`from the LED as being UV.
`With regard to distinction (1), as discussed above, Tabuchi states that the GaN-
`based LED emits UV light and therefore reads on these claims.
`
`With regard to distinction (2), as noted above, Tabuchi indicates that the phosphors
`are dispersed in a “binder”:
`
`Also as noted above, Pinnow teaches that the luminophoric medium is also
`homogeneously dispersed in a binder, i.e. an organic resin, from which coatings or
`self-supporting structures are made (Pinnow, paragraph bridging cols. 1-3; col. 2,
`lines 15-20). Thus, the phosphor coating of Pinnow including the mixture of
`phosphors that produce white light can be applied as the phosphor coating in
`Tabuchi. So done, Tabuchi's LED includesa light-emitting diode operative to emit...
`ultraviolet radiation, packaged with luminophoric medium in a polymeric
`matrix, as required by claim 187.
`
`4. Claims 2 and 23 are rejected under 35 U.S.C. 103(a) as being unpatentable
`over any of (1) Tabuchi in view of Stevenson and Imamura, (2) Tabuchi in view
`
`LOWES 1034, Page 94
`TCL 1034, Page 94
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`LOWES 1034, Page 94
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`Application/Control Number: 90/010,940-
`Art Unit: 3992
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`Page 93
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`of APA, Stevenson, and Imamaura, and (3) Tabuchi in view of Pinnow