Ref.: Annex 9-11 of the project file

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EPO – Principal Directorate Business Services – Directorate Classification
Subject: Light filters; Selection of
luminescent materials for light
screens
Project: C479
Comments
Ref.:
CPC/IPC: F21V9/00
22 September 2015
Annex 9-11 of the project file
We thank SE for the RR and the new proposal. Thanks also to JP who added detailed
comments on this project in Annex 11. For better overview we added our remarks in blue
and italics directly into the copy of the JP document.
JP Comments
Ref.:
Annex 8
Comments
Annex 9
EP
Rapporteur report
Annex 10 Rapporteur proposal
29-Jul-15
SE
25-Aug-15
SE
25-Aug-15
JP thanks SE for Rapporteur Report of Annex 9 and Rapporteur proposal of Annex 10,
and EP for Comments.
1) First of all, JP would like to comment concerning questions raised by EP. JP comments
appear in orange. (No track changes)
・ F21V 9/01 "for achieving physiological effects, e.g. for promoting melatonin release or for
reducing eyestrain": EP does not see the relevance of this group because documents with
such information are usually classified in other parts of the IPC. When documents relate to
general lighting purposes and are used in addition for achieving physiological effects, they
would be classified in two places, in F21 and in the related medical subclass.
Rapporteur thinks F21V 9/01 could represent a valid concept.
F21V 9/01 is not considered to be directly related to medical subclass. For example,
filtering effect of light which reduces eyestrain should be classified in F21V 9. In recent
years, the number of inventions for achieving physiological effects by using effect of light is
increasing, and F21V 9/01 is useful classification to handle these arts.
This concept seems not to be limited to lighting devices but could also be considered in the
fields of packaged semiconductors (H01L) or control of lighting devices (H05B). EP is of the
opinion that not many documents using the solution of an inventive aspect of the
photoluminescent materials aiming at achieving physiological aspects would be classified
with this code.
Therefore, EP would be rather prefer the creation of an indexing group under F21W for
classifying this particular application, e.g. F21W2131/15 . “for achieving physiological
effects”, EP would also like to view a few examples of documents that would be classified in
such a group and to get an indication for the amount of documents related to this subject
matter.
・F21V 9/28 "characterised by the selection of photoluminescent materials": EP thinks it
could lead to misunderstanding because materials per se would be classified in C09K
11/00. Even documents characterising the type of phosphor or light converting material
used should be better classified in C09K. Consequently EP experts would prefer to create
only group F21V 9/30 with two dots. Rapporteur doesn't think there is a conflict. There are
similar arrangements in many other parts of the IPC, and C09K 11/00 covers all kinds of
luminescent materials, not only photoluminescent.
Indeed, luminescent materials should be classified in C09K 11/00. However, scope of
C09K 11/00 is clearly distinct from that of F21V 9/28, i.e. photoluminescent used as filter
should be classified in F21V 9/28.
EP would like to point out that the original meaning of F21V9 using “;” is to split the title in
two parts in order to indicate that the title covers two different subjects: the first one being
filters and the second luminescent materials used in lighting. We do not want to increase
the scope of this main group by replacing the two parts title by a single and broader title.
・ F21V 9/32 "characterised by the geometry of the photoluminescent material, e.g. its
contours or thickness": EP wonders if this group is only relevant in case of coatings of
photoluminescent material.
Presented below are examples of inventions classified in F21V 9/32.
(Example 1) JP 2013-149867 A
Amount of light emitted to outside from LED chip 3 changes as thickness (figure 4) or shape
(figure 6) of the third resin body 23 is changed.
In example 1, the device shown is not a device that would be classified in F21, because it
concerns an LED emitter device, usually classified in H01L by EP experts. However, as it
can be understood with the machine translation, if ever it would be a lighting device having
such a cover/refractor with a luminescent material (22, 23) such a document would be
classified in F21V3/00 or F21V5/00, according the characterisation of the material of the
corresponding optical elements or its structure thereon. In most cases the photoluminescent
material is a material added to the material of the optical elements being the
structure/substrate holding it, similarly to aluminium reflective powders forming a reflective
layer or being mixed within the material of its substrate.
Furthermore, EP experts believe that the geometry of the contour of the luminescent
materials is generally the same as its support (e.g. for refractor, reflector, ...), which will get
a classification anyway for this contour. There will be finally only very few documents of this
kind which need a classification in F21V 9/32.
(Example 2) EP 2378838 A2
Using the phosphor layer 4 to convert wavelength of blue light emitted from the light
emitter 2. As figure 2 (a) shows, when the phosphor layer 4 is thick, white light close to
yellow light is emitted outside. As figure 2 (b) shows, when the phosphor layer 4 is thin,
white light close to blue light is emitted outside.
With example 2, EP does not see the need to give invention classification in group
F21V9/32 because the invention is more related to the variation of the thickness of the
outer layer to change the emitted colour. This feature is more appropriate classified in
group F21V14/00.
・ F21V 9/34: "for producing a particular distribution of the light emitted, e.g. for forming
light patterns": EP has the impression that the "desired light distribution" is more related to
decoration purposes than for general lighting. EP wonders how many documents related to
general lighting will be relevant for this scope.
The EP experts believe that this entry is too detailed and not needed at IPC level.
General lighting other than lighting for decoration purpose is also provided for by F21V
9/34. For reference, an example used in Annex 6 by JP is reprinted. It should be noted that
by comparing example 1-2 and example 3, differences of F21V 9/32 and F21V 9/34 are
clearly indicated.
(Example 3) EP 2447600 A2
331: photo-luminescent materials, Pa~Pd: light distribution
(A discussion how this document is classified additionally, in F21V 9/32 or F21V 14/00, is
necessary.)
Example 2 is very specific for vehicle headlamps where this beam shape is particular
important and therefore it should be rather classified in that area. EP would like to know
how many (not specially adapted) function related documents with this feature exist and
doubt that there will be enough document to justify an IPC entry with this scope.
2) Second of all, JP would like to comment concerning six issues pointed out by
Rapporteur. JP comments appear in orange. (No track changes)
1. F21V 9/22 "characterised by the arrangement of the photoluminescent material": Does
this group need references to the new subgroups of F21V 3/00 – F21V 7/00?
JP believes that precedence reference pointing from F21V 9/22 to F21V 3/00 – F21V
7/00 is necessary.
EP also supports the proposed precedence notes,
2. Should "photoluminescent" be a single word? Google indicates that it's clearly the most
common spelling, but it does generate a spell-checker warning and confirmation from
English-speakers would be desirable.
JP would leave this issue in native English speaking offices’ hands.
EP agrees with this approach.
3. Consequential changes in other groups: The word "filters" is used in groups F21V 13/08,
F21V 13/14 and F21V 14/00, where it might be necessary to change the wording. (It is also
used as an example in F21V 17/00, where it isn't a problem). Rapporteur proposes to
change it into "filters or the like", which should be adequate for a reference, without
requiring too much complicated wording.
JP supports the Rapporteur proposal to change the title to “filters or the like”.
EP would like to remind that F21V9/00 is currently a two part title covering two different
subjects: the first one being filters and the second luminescent materials for filtering.
Consequently, EP is not in favour of changing the titles in F21V13/00 in order to include the
documents having luminescent materials with those being with filters, giving the impression
that filters and luminescent materials are the same subject matter.
Furthermore, EP does not see the relevancy of the creation of new groups in F21V13/00 to
create places for aspects which are already classified with the optical elements (e.g. in
F21V1/17, F21V3/06, F21V5/10, F21V7/24). Optical elements or their structures
comprising photoluminescent material should be classified in the same way as it done for
aluminium material for reflections purposes applied on reflectors, lenses or shades.
Furthermore, EP experts believe that the intended new subgroups below F21V13/00 would
be too detailed at IPC level.
4. Overlap between the proposed F21V 9/26 and F21V 14/00: Rapporteur proposes to
solve the overlap in the same way as with F21V 9/10 (other filters), but it could, as
proposed by EP, be considered to create a new subgroup in F21V 14/00 instead:
F21V 14/10 • by movement of parts comprising photoluminescent material
This would of course require a reference in F21V 9/20.
As for JP, classification between F21V 9/26 and F21V 14/00 is clearly distinct. On one
hand, F21V 14 provides for adjustment of parts to mainly change light distribution. On the
other hand, F21V 9 provides for use of filter to change colour or spectrum of light. In other
words, changing nature of light by use of adjustable or movable filter should be classified in
F21V 9/26 under F21V 9 because it is characterized by use of filter and in many cases
changing nature of light by use of filter would have effect that is different from that of
changing light distribution as covered by F21V14.
Since F21V14/00 reads “changing the characteristics or the distribution of the light
emitted...”, EP experts believe that movement of the phosphor would probably change
either the distribution or the colour (which is a characteristic of the light). That is why EP is
in favour of the creation of F21V14/10 instead of F21V9/26. EP has concerns about how to
deal with documents, for instance, showing a movable reflector (F21V14/04) having a
phosphor coating and think that references should be added in the appropriated titles. At
least a reference pointing to F21S10/02 should be added.
5. Additional subdivision of F21V 3/04? In Annex 8, EP proposes an additional subdivision
in order to harmonize the proposed subgroup for photoluminescent material with CPC.
Rapporteur notes that FI has a different arrangement of subgroups.
Rapporteur thinks that although a complete revision of F21V 3/04 goes beyond the original
scope of the project, it is a spin-off of the project and can be accepted if other offices agree.
The ideal solution would of course be if EP and JP could harmonise their schemes.
JP believes that the EP proposal to harmonize F21V 3/04 deviates from the original
scope of the project. JP also believes that, while there are many other areas of
classification affected by F21V 9, there is no necessity to focus on or pay special attention
to only F21V 3/04 in this project.
EP experts are still convinced that the adaptation of group F21V3/04 is the better logical
approach and more straight forward for the classifiers and users to have the related
photoluminescent aspects in the related subgroups, as suggested in the scheme proposal
under F21V1/00, F21V3/00, F21V5/00, F21V7/00, because these subject matters are
interrelated.
6. Transfers: Rapporteur proposes to delete the existing F21V 9/16 and transfer its contents
to all the new groups, rather than keeping it and subdividing it, or transferring it to the single
group that formally has the same scope, i.e. F21V 9/28.
JP supports the Rapporteur proposal regarding F21V 9/28.
EP agrees with this proposal.
[end of JP Comments]
Further comments on the rapporteur scheme proposal in Annex 10:
EP supports creation and changes in F21V1/00, F21V3/00 (see remark point 5), F21V5/00,
F21V7/00 as in the proposed scheme.
F21V9/00 EP would be in favor of “e.g. by filters or photoluminescent materials” instead of
“e.g. by filters” in the title of this group.
F21V9/01 EP is not in favor of the creation but would support creation of F21W2131/15
(see point 1) instead.
F21V9/26 EP is not in favor of the creation but would support creation of F21V14/10 (see
point 4).
F21V9/28: EP would rather support the group F21V9/30 at this level.
F21V9/32, F21V9/34 EP would like to know how many documents are concerned because
our experts have the impression that there are not sufficient document with this scope, the
group will be too de detailed at IPC level.
F21V9/40 EP would like to have examples of documents for this group, especially because
EP always classifies dichroic aspects in group F21V7/22, and therefore does not recognize
any need of more subgroups. However, EP would support creation of a subgroup in
F21V7/22 instead.
F21V13/00 See point 3 above with comments.
F21V14/00 EP experts are not in favor to change the title and would like to create group
F21V14/10 (see point 4).
[END]
Hasso Mende
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