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 .
Response to Request for Reconsideration
Withdrawn Rejections
The 35 U.S.C. 102(a/1,2) and 35 U.S.C. 103 rejections of claims 1-9, 11-19, over Ishikawa as the primary reference, are withdrawn due to Applicant’s arguments in the response filed on July 17, 2025.
New Rejections
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 8-9, 11-19 are rejected under 35 U.S.C. 103 as being anticipated by Ishikawa, WO 2016/143559 A1 (US 20180037758 is still used here, but with new rationale constituting new grounds of rejection).
Regarding claims 1, 4, Ishikawa teaches an ink for use in a three-dimensional printing system (fabrication by an inkjet method [0010]) comprising: cyclopolymerizable monomer (can form a ring structure in a main chain by polymerization [0034-0035], having a structure of formula 1 [0035]) amplified and shown below) in an amount of 40-70 wt% (mass% [0034]) based on the total weight of the ink (total mass of a model material ink [0034]) which is within the claimed range of 10-70 wt%; and oligomeric (weight-average molecular weight of the polymer of 5,000 [0062]) curable material (photopolymerizable groups [0069]) in an amount of 45 wt% (mass% [0064]) based on the total weight of the ink (total mass of the model material ink [0064]) which is within the claimed range of 40-80 wt%; wherein the cyclopolymerizable monomer comprises an acrylate moiety and an ethenyl moiety; and wherein the [Symbol font/0x61]1-carbon of the acrylate moiety and the [Symbol font/0x61]2-carbon of the ethenyl moiety have a 1,5- relationship (amplified formula 1 [0035] shown below).
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In addition, Ishikawa teaches that the ink, in a cured state, ideally has a tensile strength of 45 MPa (A. [0180]) which is within the claimed range of 40-70 MPa.
Although Ishikawa fails to provide an example in which the ink containing the oligomeric curable material in the amount that is within the claimed range of 40-80 wt%, has a tensile strength that is within the claimed range of 40-70 MPa, in a cured state, Ishikawa teaches that the ink further comprises a pseudo-crosslinking monomer in an amount of 5-50 wt% ([0046]), for the purpose of enhancing the tensile strength of the ink, in a cured state ([0046]), thus establishing the amount of the pseudo-crosslinking monomer as a result-effective variable, to arrive at the desired resultant high tensile strength that is within the claimed range of 40-70 MPa.
Therefore, in the absence of a clear showing to the contrary, it would have been a result of routine experimentation by, and hence obvious to one of ordinary skill in the art at the time, to have arrived at a tensile strength that is within a range of 40-70 MPa, for the ink for use in a three-dimensional printing system, of Ishikawa, in a cured state, the ink containing an amount of the cyclopolymerizable monomer that is within a range of 40-70 wt.%, and the amount of the oligomeric curable material that is within the range of 40-80 wt.%, based on the total weight of the ink, in order to obtain the desired resultant high tensile strength.
Although Ishikawa fails to teach that the ink, in a cured state, has an impact resistance of 1-4 ft-lb/in, being silent regarding an impact strength having ft-lb/in units, where the claimed and prior art products are identical or substantially identical in structure or composition, a prima facie case of either anticipation or obviousness has been established. See MPEP 2112.01. If there were to be any differences in structure or chemistry, these differences are presumed to be minor and obvious in the absence of evidence to the contrary. In the instant case, Ishikawa teaches the presently claimed ink composition, and that the ink, in a cured state, has a desired resultant tensile strength that is within the claimed range of 40-70 MPa, as described above.
Regarding claims 2-3, Ishikawa teaches the cyclopolymerizable monomer (can form a ring structure in a main chain by polymerization [0034-0035], having a structure of formula 1 [0035]) shown above) is present in the ink in an amount of 40 wt% (mass% [0034]) based on the total weight of the ink (total mass of a model material ink [0034]) which is within the claimed range of 10-50 wt%, or 20-40 wt%.
Regarding claims 5-7, although Ishikawa fails to teach that the relationship between the [Symbol font/0x61]1-carbon of the acrylate moiety and the [Symbol font/0x61]2-carbon of the ethenyl moiety, is alternately a 1,6-, 1,7- or 1,8- relationship, the 1,6-, 1,7- or 1,8- relationship simply means that the number of atoms that are in the backbone between the [Symbol font/0x61]1-carbon of the acrylate moiety and the [Symbol font/0x61]2-carbon of the ethenyl moiety, is increased by 1 to 3, such as in a homologous series where the number of divalent methylene groups that are in the backbone between the [Symbol font/0x61]1-carbon of the acrylate moiety and the [Symbol font/0x61]2-carbon of the ethenyl moiety, is increased by 1 to 3, for the purpose of modifying the properties of the ink in the cured state.
Therefore, in the absence of a clear showing to the contrary, it would have been routine experimentation by, and hence obvious to one of ordinary skill in the art at the time, to have increased the number of divalent methylene groups that are in the backbone between the [Symbol font/0x61]1-carbon of the acrylate moiety and the [Symbol font/0x61]2-carbon of the ethenyl moiety, of the cyclopolymerizable monomer which comprises the 1,5- relationship between the [Symbol font/0x61]1-carbon of the acrylate moiety and the [Symbol font/0x61]2-carbon of the ethenyl moiety, of the ink of Ishikawa, in order to modify the properties of the ink in the cured state.
Regarding claims 8-9, 11-13, Ishikawa teaches that the cyclopolymerizable monomer has a structure of formula 1 ([0035] shown above) which is a species of Formula (I) of Applicant, wherein X of Applicant = O, R2 of Applicant = R3 of Applicant = hydrocarbon group having 1 carbon atom, R1 of Applicant (formula I of Applicant) = R1 (formula 1) = a hydrogen atom or a hydrocarbon group having 1-10 carbon atoms (10 or less [0036]), R4 of Applicant = HC==CH2, and the total number of carbon atoms of R2 of Applicant and R3 of Applicant = 2 which does not exceed 5, or 4 or 3.
Regarding claim 14, Ishikawa teaches that the cyclopolymerizable monomer has the structure of Formula (II) of Applicant (methyl α-(allyloxymethyl)acrylate, Table 1 [0129]).
Regarding claim 15, Ishikawa teaches that the weight average molecular weight of the oligomeric curable material is 5,000 (polymer [0062] having photopolymerizable groups [0069]) which is within the claimed range of from 400 to 10,000.
Regarding claim 16, Ishikawa teaches up to 30 wt% of additional monomeric curable material (79% x 40%/100, 79 mass% of monomer composition no. 1 in ink no. 17 [0159], 40 mass% of other monomer in monomer composition no. 1 [0139]) which is within the claimed range of up to 80 wt%, based on the total weight of the ink.
Regarding claim 17, Ishikawa teaches that the ink further comprises a photoinitiator (photopolymerization initiator [0082]).
Regarding claim 18, Ishikawa teaches that the ink further comprises an inhibitor ([0096]).
Regarding claim 19, Ishikawa teaches that the viscosity of the ink is most desirably 20 cP or lower at 20[Symbol font/0xB0]C (mPa.s [0175], temperature … or lower at which the viscosity of the ink becomes 10 mPa.s [0168]), such that at the higher temperature of 30[Symbol font/0xB0]C where viscosities are normally lower due to an increase in kinetic energy of the molecules in the ink, the viscosity of the ink is even lower than 20 cP, that is well within the claimed range of 1,600 cP or less.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. None of the cited prior art above fairly teach or suggest, even in view of each other, that X is S, NH, NR4 or CR5R6.
Response to Arguments
Applicant’s arguments have been considered but are moot due to the new rationale constituting the new grounds of rejection.
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782