Application Serial No. 17/141,635
`Response Dated November24, 2023
`Reply to Office Action of August 25, 2023
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`Status of the Claims
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`REMARKS
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`Claims 1-20 were pending in the present application before this amendmentasset forth
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`above. By this amendment, claims 1, 4, 6 and 20 are amended.
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`Summary of Office Action and Claim Amendments
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`In the August 25, 2023 Office Action, claims 1-9, 11, 14 and 18-20 were rejected under
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`35 U.S.C. § 102(a)(1) as being anticipated by Yoonet al. (US 20140071689, hereinafter
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`“Yoon’). Claim 10 wasrejected under 35 U.S.C. § 103 as being unpatentable over Yoon.
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`Claims 12 and 13 were rejected under 35 U.S.C. § 103 as being unpatentable over Yoon in view
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`of KNEISSLet al. (US 20130105853, hereinafter “KNEISSL”). Claims 15-17 were rejected
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`under 35 U.S.C. § 103 as being unpatentable over Yoon in view of Toita et al. (US
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`20150287894, hereinafter “Toita”). Claims 1-20 were rejected on the ground of nonstatutory
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`double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 10916685 in view of
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`Yoon, KNEISSL,Toita.
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`Applicant appreciates the Examiner’s careful review of the present application.
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`In response, without acquiescing to the propriety of the rejections and in order to
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`facilitate the prosecution of the present application, Applicant respectfully submits herewith, as
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`suggested by the Examiner, a Terminal Disclaimer, together with the appropriate fees, which
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`overcomes the nonstatutory double patenting rejections over claims 1-19 of U.S. Patent No.
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`10916685 in view of Yoon, KNEISSL,Toita.
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`Therefore, reconsideration and withdrawal of the double patenting rejections are
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`respectfully requested.
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`Moreover, claims 1, 4, 6, and 20 have been amendedfor better form.
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`Specifically,
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`Applicant has amendedindependentclaims 1 and 20 to recite the limitations of “the
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`surrounding portion is integrally connected to the attaching portion; the surrounding portion
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`contacts the surrounding lateral surface of the lighting unit, so to allow lightfrom the
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`surrounding lateral surface of the lighting unit to enter.”
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`Support for the amendments can be
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`found in the disclosure, for example, the paragraph [0081] of the specification, and FIGS. 17 of
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`the drawings,as originally filed.
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`Furthermore, Applicant also has amendedclaims 4 and6 to explicitly recite a center of
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`Application Serial No. 17/141,635
`Response Dated November24, 2023
`Reply to Office Action of August 25, 2023
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`curvature defined by a circle, which is neither taught nor suggested by the cited prior arts.
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`Support for the amendments can be found in the disclosure, for example, the paragraph [0084] of
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`the specification, as originally filed.
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`Any amendmentto the claims not specifically referred to herein as being included for the
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`purpose ofdistinguishing the claims from cited references are included for the purpose of
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`clarification, consistence and/or grammatical correction only.
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`No new matteris added.
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`The following remarks herein are considered to be responsivethereto.
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`Claim Rejections Under 35 U.S.C. § 102
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`In the Office Action, claims 1-9, 11, 14 and 18-20 were rejected under 35 U.S.C. §
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`102(a)(1) as being anticipated by Yoon.
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`Theserejections are respectfully traversed as follows.
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`The Office Action appears to draw analogy between the electrode layer of the present
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`application and the cavity 11A disclosed in FIG. 1 by Yoon.
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`Claimis} 1-9, 14, 14, & US-20 is/are rejected under 39 U.S.C. 102{a}f 4} as being
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`anticipated by Yooet af. (US 2014007 1689}.
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`Regarding clainy 1, You discloses that a package structure, compriaing:
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`isposed on the substrate
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`@ substrate 13;
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`Excerpt from the Office Action.
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`However, upon careful examination of Yoon’s specification, it can be observed that
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`cavity 11A of Yoon merely refers to a “space” of body 11 rather than an “electrode layer” as
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`claimed. Accordingly, the Office’s reading of the cited prior art (and the assertion of rejection
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`based thereon), even under the broadest reasonable interpretation standard, is not faithful to the
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`teaching of the cited reference as a whole (and therefore inappropriate).
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`Application Serial No. 17/141,635
`Response Dated November24, 2023
`Reply to Office Action of August 25, 2023
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`FIGs. 1 and 3 of Yoon.
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`On the other hand, amended claim 1 of the present application also clearly recites the
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`limitations of "the surrounding portion is integrally connectedto the attaching portion; the
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`surroundingportion contacts the surrounding lateral surface of the lighting unit, so to allow
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`lightfrom the surrounding lateral surface of the lighting unit to enter".
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`However, the Office Action alleges analogy between Yoon's the phosphorlayer (36) and
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`the attaching portion (61) of the package compound(6) as claimed, and further draws
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`comparison between Yoon's the first molding memberand the surrounding portion (62) of the
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`package compound(6) as claimed. Support for the memberdescription of Yoon can be found in
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`the disclosure, for example, paragraphs [0051] and [0080] in the specification of Yoon.
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`However, those skilled in the art would know that "the phosphorlayer for wavelength
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`conversion" and "the molding memberfor reflection" are not analogous components (e.g., based
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`on different working principles and madeofdistinct materials). The alleged assertion of
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`analogy in the rejection is therefore improper.
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`Accordingly, Yoon fails to disclose at least the limitations of “the electrode layer and
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`the package compound,”as recited in amended claim 1 of the present application.
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`Atleast for the foregoing reasons, independent amended claim 1 is patentable over Yoon
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`under 35 U.S.C. § 102(a).
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`Claim Rejections Under 35 U.S.C. § 103
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`Applicant respectfully submits that clam 1 is also patentable overthe cited references
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`(i.e., KNEISSL, Toita) under 35 U.S.C. §103 for reasons explained as follows.
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`Application Serial No. 17/141,635
`Response Dated November24, 2023
`Reply to Office Action of August 25, 2023
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`The limitation of amended claim 1 differs from Yoon’s light-emitting structure, makingit
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`difficult for Yoon to obtain the present application in an apparent manner.
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`Specifically, in the present application, the surroundingportionis directly contacted the
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`surrounding lateral surface of the lighting unit, so as to ensuresthat light from the surrounding
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`lateral surface of the lighting unit is guided directly into the package compound. Moreover, as
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`light enters the package compound,the integrally connected attaching portion and surrounding
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`portion, both madeoflight-transmitting materials, allow the passageoflight.
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`In contrast, the molding member of Yoon contacts the lateral surface of the lighting
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`diode, and the function of the molding memberts to serve as a reflector. That is to say, light from
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`the lateral surface is reflected by the molding memberandlight will only pass through the
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`phosphorlayer for wavelength conversion and emit from the top surface of the lighting diode.
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`In other words, Yoon, based on the structure of “the phosphor layer disposed on the top
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`surface of the lighting diode and the molding membercontactingto the lateral surface of the
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`lighting diode,” cannot obtain the limitations of amended claim 1 in the present application.
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`Furthermore, components in KNEISSLand Toita that can be used to compare with the
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`package compoundin the present application also do not have the attaching portion and the
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`surrounding portion as claimed in amended claim 1. Therefore, KNEISSL and Toita also cannot
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`disclose amended claim 1.
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`Accordingly, Yoon, KNEISSL and Toita, taken alone or in combination,fail to disclose,
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`teach or suggestat least the limitations of the package compoundasrecited in amendedclaim 1.
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`Atleast for the foregoing reasons, independent amended claim 1 is patentable overthe
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`cited references under 35 U.S.C. § 103.
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`Accordingly, claims 2-19, which depend directly or indirectly from now allowable
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`independent amendedclaim 1, are patentable as well.
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`In addition, the applicant would like to emphasize that claim 2 qualifies the limitation of
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`"the package structure comprising a reflective layer (9) disposed in the accommodating space
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`and at least covering a part of the electrode layer (2) and being covered by the package
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`compound (6)", and this limitation is obviously not disclosed by the Yoon.
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`Application Serial No. 17/141,635
`Response Dated November24, 2023
`Reply to Office Action of August 25, 2023
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`FIG. 17 of the present application.
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`Specifically, the Office Action compares Yoon's the reflective electrode layer 19A to the
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`reflective layer in the present application. However, the reflective electrode layer 19A in FIG.3
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`is located between the phosphorlayer andthe light-emitting chip 19. Additionally, the reflective
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`electrode layer 19A does not cover the electrode layer and is covered by the package compound.
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`FIG. 3 of Yoon.
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`Accordingly, Yoon fails to disclose, teach or suggest at least the limitations of the
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`package compoundasrecited in claim 2.
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`Furthermore, independent amended claim 20 of the present application has the package
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`compound as independent amended claim 1, so independent amendedclaim 20 can also
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`Application Serial No. 17/141,635
`Response Dated November24, 2023
`Reply to Office Action of August 25, 2023
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`overcome 35 U.S.C. § 103.
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`CONCLUSION
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`Accordingly, in view of the above amendments and remarks, reconsideration of any
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`pending objections and rejections and allowance of the claims in connection with the present
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`application is earnestly solicited.
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`Should there be any outstanding matters that need to be resolved in the present
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`application, the Examineris respectfully requested to contact undersigned at the telephone
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`numberof the undersigned below.
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`Respectfully submitted,
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`Li & Cai Intellectual Property (USA) Office
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`/ZHUO XU/
`By __
`Zhuo Xu, Reg. No. 62,987
`3057 Nutley Street, Suite 818
`Fairfax, Virginia 22031
`(703) 268-5992
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