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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 11, 13, 17, 22, 25-31, 34 and 41 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Kotani et al (US 201/0147776).
Kotani sets forth methods for producing photocured three-dimensional objects which includes ejecting and applying droplets of a photocurable resin composition (A) having a viscosity o 20 mPa*s to 500 Pa*s at 23 deg. C—see abstract.
Said photocurable resin composition (A) comprises (I) a photocurable resin; (II) at least one of a photoinitiator; and (III) at least one diluent monomer, wherein said photocurable resin composition may optionally comprise a filler; plasticizer; if necessary, a solvent; thixotropic additives; and other additives—see [0055]; [0067]; [0080]; [0083]; [0084]; [0086]; [0088]; [0090]; and [0091].
Said photocurable resin (A) has a photocrosslinkable group in the molecule [0056], wherein Souda teaches said resin (A) may be selected from a (meth) acrylic (meth) acrylate resin [0060]. The photoinitiator is set forth as usable alone or in combination. Additionally, said photoinitiator may be used in combination with an amine (sensitizer)—see [0073]. The diluent monomer may be used alone or in combination, as well as, being selected from monofunctional and/or polyfunctional (meth) acrylate monomers—see [0081].
Per synthesis example 3, Souda explicitly sets forth obtaining a photocurable resin (A) which is an acrylic copolymer comprising the reaction product of n-butyl acrylate/ethyl acrylate/methoxyethyl acrylate having acryloyl groups [P3] and a number-average molecular weight of 35,000. The ratio of the n-butyl acrylate/ethyl acrylate/methoxyethyl acrylate copolymer components is 73/25/0—see [0164] and [0165].
Per formulation example 3, Souda explicitly sets forth a resin composition comprising 100 parts of photocurable resin [P3]; 3 parts Irganox 1010 (antioxidant); 50 parts of acrylolmorpholine (reactive diluent); 10 parts of methoxy-polyethylene glycol acrylate (reactive diluent); 1-part trimethylolpropane triacrylate (reactive diluent having crosslinkable groups); 2.5 parts of the photoinitiator (OXE-01); and 0.01 part of RDW-R13 (a polymerizable dye)—see [0186].
Regarding claims 1-2, 22, 29, 31, and 34: The composition of example 3 is deemed to anticipate the composition of claim 1, wherein [P3] has ethyl (meth)acrylate residues; the trimethylolpropane triacrylate corresponds to applicants crosslinker having at least two terminal groups capable of polymerization; the acrylolmorpholine has a viscosity of 9-12 mPa*s at room temperature (liquid reactive diluent); and methoxy-polyethylene glycol acrylate has a viscosity of25 mPa*s at room temperature (liquid reactive diluent); and the OXE-01 is a photoinitiator. The formulation of example 3 has a viscosity of 7.8 Pa*s (7800 cP) at room temperature. Souda sets forth curing by exposure to UV radiation having a wavelength of 365 nm after jetting and curing layer by layer to form a shaped object—see [0188].
Regarding claim 11. The reactive diluent in formulation example 3 comprises a combination of monomer.
Regarding claim 13: Souda sets forth the use of trimethylolpropane triacrylate in formula example 3—see example 3.
Regarding claim 17: The photoinitiator is initiated by ultraviolet (UV) radiation—see [0188].
Regarding claim 25 and 27: The trimethylolpropane triacrylate has a viscosity 70-80 mPa*s at room temperature (liquid diluent corresponding to applicants crosslinker); the acrylolmorpholine has a viscosity of 9-12 mPa*s at room temperature (liquid reactive diluent); and methoxy-polyethylene glycol acrylate has a viscosity of 25 mPa*s at room temperature. Thus claim 25 is anticipated. Both reactive diluents (acrylolmorpholine and methoxy-polyethylene glycol acrylate) has a viscosity lower than the trimethylolpropane triacrylate. Thus claim 27 is anticipated.
Regarding claim 26, 28, and 30: Souda sets forth all components in the formulation of example 3 are all dissolved in the mixture [0186] and is jetted at 60 deg. C (ejection temperature) in the form of droplets using a stereolithographic process—see [0188]. Thus claim 26 is anticipated.
Regarding claim 41: The trimethylolpropane triacrylate comprises three reactive terminal alkyl acrylate groups.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS. —Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 13 sets forth the limitation “the primary monomer” in line 2. Claim 1 does not set forth a limitation for a primary monomer. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 3, 6-7, 9 and 32-33 are 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.
Souda does not provide any guidance on the amount of ethyl (meth) acrylate used to obtain the acrylic copolymer. Souda is silent with regard to a crosslinker in an amount of 5 to 94 wt.% of the resin composition. Souda does not set forth the type or compounds found in claims 7 and 9 as crosslinking monomer/components. And Souda is silent with regard to the flexural strength and/or the flexural modulus of the cured photocurable resin compositions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANZA L MCCLENDON whose telephone number is (571)272-1074. The examiner can normally be reached 8-5.
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/SANZA L. McCLENDON/Primary Examiner, Art Unit 1765
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