DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Reopening of Prosecution After Appeal Brief
In view of the Appeal Brief filed on 09/23/2025, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/GALEN H HAUTH/ Supervisory Patent Examiner, Art Unit 1743
Status of Claims
The Amendment filed 01/15/2025 has been entered. Claims 49-64, 66, and 69-71 are currently pending in the application. Claims 1-48 and 65 were previously canceled. Claim 49 has been amended. Claims 69-71 are new and have been added.
Response to Arguments
Applicant’s arguments filed 09/23/2025 with respect to the rejections of claims 49-64, 66, and 69-71 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
However, upon further consideration, a new ground of rejection is made over Paranthaman (US 2018/0215854 A1). The rejection of claims 49-64, 66, and 69-71may be found below.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the 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.
Claims 49-64, 66, and 69-71 are rejected under 35 U.S.C. 103 as being unpatentable over Paranthaman (US 2018/0215854 A1) in view of Mayr (US 2018/0325635 A1).
Regarding claims 49-50 and 69, Paranthaman teaches a method (method of fabricating a part using coreactive three-dimensional printing) wherein a first component such as isocyanates (first component, first reactive compound) in Reservoir A is pumped into a mixing nozzle using peristaltic Pump A; wherein a second component such as amines (second component, second reactive compound) in Reservoir B is pumped into mixing nozzle using peristaltic Pump B; wherein several additives, including carbon nanotubes, Cloisite 15A nanoclay, and Cab-O-Sil TS-720 fumed silica are used to increase the viscosity of the individual components to a gel-like consistency prior to pumping and mixing; wherein the first component and additives and the second component and additives are combined in a Y Connector and mixed in the mixing nozzle to provide a mixed polymer (independently combining and mixing a first component and a second component to form a first coreactive composition and a second coreactive composition, wherein, each of the first coreactive composition and the second coreactive composition comprises a first reactive compound and a second reactive compound; the first reactive compound is reactive with the second reactive compound; wherein the first component comprises the first reactive compound and the second component comprises the second reactive compound) (Fig 4 and ¶0007-0010,0017-0018,0059-0060).
Paranthaman teaches a method wherein the mixed polymer is extruded under pressure through the mixing nozzle to form an extruded bead and wherein as the extruded bead begins to cure, it can be deposited onto a flat surfaces in successive layers to fabricate a part through additive manufacturing (coextruding the first coreactive composition and the second coreactive composition through a coextrusion nozzle to form a coextrudate; depositing the first coreactive composition and/or the second coreactive composition in successive layers using three-dimensional printing to fabricate a part; wherein extruding the first coreactive composition and the second coreactive composition further comprises extruding the first coreactive composition and the second coreactive composition from a mixer through the coextrusion nozzle) (Fig 4 and ¶0007-0010,0017-0018,0059-0060).
Paranthaman does not explicitly disclose a method wherein while depositing the first coreactive composition and/or the second coreactive composition, independently changing constituents of the first component and/or constituents of the second component.
However, reasonably pertinent to the particular problem with which the applicant was concerned (a method in which the object is built up from a hardenable composition prepared from mixing of two or more components; see MPEP 2141.01(a)), Mayr discloses a method wherein a hardenable composition can be prepared from merging or mixing two of the three components or all three of the components A, B and/or C, wherein components A, B, and C, are chemically reactive (¶0038-0039). Mayr discloses that the object, or a part of the object, can be built up by continuously dispensing the hardenable composition and simultaneously (at least generally) continuously three-dimensionally positioning the nozzle in a controlled manner and that during continuously dispensing and positioning the mixing ratio between components A, B and C, and thus the color of the hardenable composition, can be varied to allow for building up a color graded object (¶0046).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method disclosed in Paranthaman by applying the known technique of while depositing reactive components, varying the mixing ratio between components as disclosed in Mayr to the method of depositing the first coreactive composition and/or the second coreactive composition as disclosed in Paranthaman with predictable results and resulting in an improved method that allows for building up a color graded object. MPEP 2143(D).
Regarding claim 51, as applied to claim 49, Paranthaman in view of Mayr teaches a method wherein, the first reactive compound is reactive with the second reactive compound in the presence of a catalyst and/or a cure initiator; and the catalyst and/or cure initiator is capable of catalyzing and/or initiating a reaction between the first reactive compound and the second reactive compound; and the second component comprises the catalyst and/or the cure initiator (amines) (Paranthaman ¶0055,0060).
Regarding claims 52-54, as applied to claim 49, Paranthaman in view of Mayr teaches a method further comprising combining and mixing one or more additional componentswith the first component and the second component to form the coreactive composition; wherein each of the one or more additional components independently comprises a compound capable of reacting with the first reactive compound and/or the second reactive compound (several additives: carbon nanotubes, Cloisite 15A nanoclay, and Cab-O-Sil TS-720 fumed silica) (Paranthaman ¶0060).
Paranthaman in view of Mayr does not explicitly disclose a method wherein while depositing, independently changing the constituents of the one or more additional components.
However, Paranthaman teaches that peristaltic Pump A and peristaltic Pump B are used to control the flow rate of the isocyanates and amines (Paranthaman ¶0060) and wherein several additives, including carbon nanotubes, Cloisite 15A nanoclay, and Cab-O-Sil TS-720 fumed silica are used to increase the viscosity of the individual components to a gel-like consistency prior to pumping and mixing (Paranthaman ¶0060).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method disclosed in Paranthaman in view of Mayr while depositing, independently changing the constituents of the one or more additional components (several additives) with a reasonable expectation of success in order to control the flow rate and viscosity of the isocyanates and amines (Paranthaman ¶0060).
Regarding claims 55-57, as applied to claim 49, Paranthaman in view of Mayr teaches a method wherein changing the constituents of the first component and/or the constituents of the second component comprises adding at least one constituent (several additives) to the first component and/or adding at least one constituent to the second component; wherein changing the constituents of the first component and/or the constituents of the second component comprises removing at least one constituent (several additives) to the first component and/or removing at least one constituent to the second component; and wherein changing the constituents of the first component and/or the constituents of the second component comprises changing the amount of at least one of the constituents of the first component and/or changing the amount of at least one of the constituents of the second component in order to control the flow rate and viscosity of the isocyanates and amines (Paranthaman ¶0060).
Regarding claims 58-63, as applied to claim 49, Paranthaman in view of Mayr teaches a method wherein combining and mixing two or more precursor compositions to form the first component and/or combining two or more precursor compositions to form the second component (amine may be a precursor for isocyanates) (Paranthaman ¶0060).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method disclosed in Paranthaman in view of Mayr such that changing a volume mix ratio of at least one of the two or more precursor compositions forming the first component; changing a volume mix ratio of at least one of the two or more precursor compositions forming the second component, wherein changing the volume mix ratio comprises continuously changing the volume mix ratio over a period of time; wherein changing the volume mix ratio comprises discontinuously changing the volume mix ratio; wherein changing the constituents of the first component and/or the second component comprises continuously changing the constituents of the first component and/or the constituents of the second component over a period of time; wherein changing the constituents of the first component and/or the second component comprises discontinuously changing the constituents of the first component and/or the constituents of the second component; and wherein a volume mix ratio of the first component to the second component is from 1:50 to 50:1 with a reasonable expectation of success in order to control the flow rate and viscosity of the isocyanates and amines (Paranthaman ¶0060).
Regarding claim 64, as applied to claim 49, Paranthaman in view of Mayr teaches a method wherein the coreactive composition comprises a cure initiator (amines) (Paranthaman ¶0055,0060) and the method further comprises activating the cure initiator before depositing, during deposition, and/or after depositing (amines reacts with isocyanates in the mixing nozzle during deposition) (Paranthaman ¶0055,0060).
Regarding claim 66, as applied to claim 49, although Paranthaman in view of Mayr does not specify wherein the part comprises a vehicle part, one of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the article (part) produced by the layers of extrude bead disclosed in Paranthaman in view of Mayr such that the article is a vehicle part, since it has been held that the change in form or shape, without any new or unexpected results, is an obvious engineering design. MPEP 2144.04(IV)(A)-(B).
Regarding claim 70, as applied to claim 49, Paranthaman in view of Mayr teaches a method wherein the coextrudate comprises a thermoset material (polyurea) (Paranthaman ¶0010).
Regarding claim 71, as applied to claim 49, Paranthaman in view of Mayr teaches a method wherein depositing the first coreactive composition and/or the second coreactive composition comprises depositing the first coreactive composition and/or the second coreactive composition in successive layers using three-dimensional printing to fabricate a part.
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method Paranthaman in view of Mayr such that continuously depositing the first coreactive composition and/or the second coreactive composition in successive layers using three-dimensional printing to fabricate a part and such that independently changing constituents of the first component and/or constituents of the second component is during continuously depositing the first coreactive composition and/or the second coreactive composition with an expectation of success in order to change the composition without interruption while fabricating the part.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JaMel M Nelson whose telephone number is (571)272-8174. The examiner can normally be reached Monday - Friday 9:00 AM ET - 5:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached on (571) 270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMEL M NELSON/Primary Examiner, Art Unit 1743