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 Amendment
In view of the amendment, filed on December 30th, 2025, the following are withdrawn from the previous office action, mailed on September 30th, 2025.
Rejections of claims 19 and 20 under 35 U.S.C. 112(b)
Rejections of claims 3, 5, 6, 8-10, 12 and 17-23 under 35 U.S.C. 103
Response to Arguments
Applicant’s arguments, see remarks filed December 30th, 2025, with respect to the rejection(s) of claim(s) 3, 5, 6, 8-10, 12 and 17-23 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the amendments to claims 6 and 23.
New Grounds of Rejection
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3, 5, 6, 8-10, 12, 17, 19, 22 and 23 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 recites the limitation “the fusing agent consists of: water, an electromagnetic radiation absorber…, and optionally an additive selected from the group…” in lines 7-14. The specification fails to provide express, implicit or inherent disclosure for a fusing agent consists of the claimed ingredients. "While there is no in haec verba requirement, newly added claims or claim limitations must be supported in the specification through express, implicit, or inherent disclosure." See MPEP 2163 (1B). The transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim. See MPEP 2111.03 (II). The fusing agent in the specification is described as “including” water and an electromagnetic radiation absorber ([0016]) and can further include components such as biocides, viscosity modifiers, materials for pH adjustment, sequestering agents, preservatives and the like ([0067]). The transitional term “including” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See MPEP 2111.03 (I). The examples provided in ([0095-00103]) recite “A fusing agent was also prepared, without a metal-containing microbe-inhibiting material. The fusing agent included carbon black as an electromagnetic radiation absorber.” ([0096]). As such, the specification fails to provide support for a fusing agent consisting of no other ingredient other than those claimed in lines 7-14 of claim 6.
Claim 6 recites the limitation “the microbe-inhibiting agent consists of: a metal-containing microbe-inhibiting material…, and a liquid vehicle consisting of water and optionally an additive selected from the group…” in lines 18-24. The specification fails to provide express, implicit or inherent disclosure for a fusing agent consists of the claimed ingredients. "While there is no in haec verba requirement, newly added claims or claim limitations must be supported in the specification through express, implicit, or inherent disclosure." See MPEP 2163 (1B). The transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim. See MPEP 2111.03 (II). The microbe-inhibiting agent in the specification is described as “including” a metal-containing microbe-inhibiting material ([0074]) and a liquid vehicle which can include water, organic co-solvent, surfactant, anti-kogation agent, chelating agent, biocide, and so on ([0082]). The transitional term “including” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See MPEP 2111.03 (I). The examples provided in ([0095]) provide two example microbe-inhibiting agents A and B, wherein Agent A includes silver nanoparticles, water, organic co-solvent, surfactant, anti-kogation agent and biocide and Agent B includes metal bis(dithiolene) complex, water, organic co-solvent, surfactant, anti-kogation agent, biocide and a light stabilizer. As such, the specification fails to provide support for a microbe-inhibiting agent consisting of no other ingredient other than those claimed in lines 18-24 of claim 6.
Claim 23 recites the limitation “the microbe-inhibiting agent consists of: a liquid vehicle consisting of water and an additive selected from the group… and the metal-containing microbe-inhibiting material…” in lines 13-19. The specification fails to provide express, implicit or inherent disclosure for a fusing agent consists of the claimed ingredients. "While there is no in haec verba requirement, newly added claims or claim limitations must be supported in the specification through express, implicit, or inherent disclosure." See MPEP 2163 (1B). The transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim. See MPEP 2111.03 (II). The microbe-inhibiting agent in the specification is described as “including” a metal-containing microbe-inhibiting material ([0074]) and a liquid vehicle which can include water, organic co-solvent, surfactant, anti-kogation agent, chelating agent, biocide, and so on ([0082]). The transitional term “including” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See MPEP 2111.03 (I). The examples provided in ([0095]) provide two example microbe-inhibiting agents A and B, wherein Agent A includes silver nanoparticles, water, organic co-solvent, surfactant, anti-kogation agent and biocide and Agent B includes metal bis(dithiolene) complex, water, organic co-solvent, surfactant, anti-kogation agent, biocide and a light stabilizer. As such, the specification fails to provide support for a microbe-inhibiting agent consisting of no other ingredient other than those claimed in lines 13-19 of claim 23.
Allowable Subject Matter
Claims 3, 5, 6, 8-10, 12, 17, 19, 22 and 23 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
None of the references of the record nor any other prior art, taken alone or in combination, teach or fairly suggest the cumulative limitations of claim 6.
Regarding claim 6, Olubummo discloses a method of making a three-dimensional printed object ([0005]) having anti-microbial properties ([0065-0066]; antimicrobial agents may be included to provide anti-microbial properties to the 3D printed object), the method comprising:
iteratively applying a particulate build material ([0005]; build material particles) to a powder bed to form individual particulate build material layers ([0005, 0097]; layer(s) of the build material can be applied in a fabrication bed of a 3D printer, wherein the build material comprises build material particles), wherein particulate build material includes polymer particles ([0089]; build material particles can be a polymer selected from a provided list);
based on a three-dimensional object model ([0001, 0111]; 3D printing according to digital model of the object to be formed), selectively applying a fusing agent ([0111]; selective delivery of fusing agent) onto the individual particulate build material layers ([0099]; the fusing agent can be selectively applied on at least a portion of the build material in the layer(s)), wherein the fusing agent includes water ([0119]; water-based dispersion) and an electromagnetic radiation absorber ([0119]; near infrared light absorber);
based on the three-dimensional object model, selectively applying a microbe-inhibiting agent ([0017, 0111]; metal bis(dithiolene) complex is selectively applied) onto the individual particulate build material layers in a sufficient amount to form an area having inhibited microbe growth ([0111]; metal bis(dithiolene) complex is selectively applied to the build material layer(s) to form areas having inhibited microbe growth), wherein the microbe-inhibiting agent includes a metal-containing microbe-inhibiting material that is a metal bis(dithiolene) complex ([0017]; metal bis(dithiolene) complex);
and exposing the powder bed to energy ([0103-0105]; exposing to infrared radiation) to selectively fuse the polymer particles in contact with the electromagnetic radiation absorber to form a fused polymer matrix at individual build material layers ([0106-0108]; infrared radiation fuses build material particles with selective fusing agent application).
Olubummo also discloses examples of fusing agents include water-based dispersions having a radiation absorbing binding agent (e.g., an active material) ([0119]). The active material may be a near infrared light absorber ([0119]). Olubummo discloses the fusing agent may comprise electromagnetic radiation absorbers ([0119]), wherein metal bis(dithiolene) complex, a near infrared light absorber, may be used in addition to a dye or pigment of any color ([0120]) and further discloses an example of carbon black being in a fusing agent ([0006]).
Chaffins teaches a method of additive manufacturing ([0059]) comprising applying anti-microbial agents ([0045]; pretreat composition can comprise microbial agents as additives) to polymer build particle layers (Fig. 1; [0059]; layers of thermoplastic polymer powder). The anti-microbial agents can be applied with a fusing agent ([0045]; fusing agent composition can comprise microbial agents as additives) and/or separately from the fusing agent ([0059]; the pretreat composition is separate from the fusing agent composition) to the polymer build particle layers. Chaffins further teaches that these anti-microbial agents can be applied selectively to the polymer build particle layers ([0053]; pretreat composition, comprising the microbial agents, can be dispensed onto a first portion 130 of a layer and not on a second portion 140 for example; [0054]; fusing agent composition, which may comprise the microbial agents; can be dispensed on a portion of the layer). By these teachings of Chaffins one of ordinary skill in the art can recognize that anti-microbial agents can be selectively applied to build particle layers separately from the fusing agent and/or with the fusing agent. Chaffins further teaches the fusing agent may include water ([0041]) and an electromagnetic radiation absorber ([0027]) selected from the group consisting of carbon black, a tungsten bronze, a molybdenum bronze, a conjugated polymer and a combination thereof ([0027]). However, the pretreat composition, corresponding to an anti-microbial agent, is an aqueous solution of a salt of an alkali metal with bromide or iodide ([0086]). Considering the Chaffins reference as a whole, the pretreat composition having a salt of an alkali metal with bromide or iodide is important for activating the transition metal particles in the fusing agent composition ([0012]).
Broach teaches a method of additive manufacturing ([00231, 00236]; solid-state additive manufacturing) comprising applying anti-microbial agents ([00230-00231]; anti-microbial dopants) to polymer build particles ([00236]; polymer powder), wherein the anti-microbial agents include a metal-containing microbe-inhibiting material selected from the group consisting of silver particles, copper particles and a combination thereof ([0049]; the dopants are Cu- or Ag- particles or both and provide anti-microbial functionality).
Kabalnov et al. (WO 2019156656 A1) teaches a fusing agent comprising a near infrared absorbing compound ([0010]), at least one co-solvent; at least one surfactant; at least one anti-kogation agent; at least one chelating agent; at least one buffer solution; at least one biocide; and water ([0013]). Kabalnov further teaches a detailing agent comprising at least one co-solvent; at least one surfactant; at least one anti-kogation agent; at least one chelating agent; at least one biocide; and water ([0015]).
However, none of the references of the record nor any other prior art either alone or in combination, Inter Alia, teach or fairly suggest a microbe-inhibiting agent consisting of a metal-containing microbe-inhibiting material selected from the group consisting of silver particles, copper particles, zinc particles, nickel particles, a metal bis(dithiolene) complex, and a combination thereof; and a liquid vehicle consisting of water and optionally an additive selected from the group consisting of a polar aprotic solvent, a thiol surfactant, and a combination thereof. Therefore, claim 6 is deemed allowable.
Claims 3, 5, 8-10, 12, 17, 19, 22 are deemed allowable by virtue of their dependency on claim 6.
None of the references of the record nor any other prior art, taken alone or in combination, teach or fairly suggest the cumulative limitations of claim 23.
Regarding claim 23, Olubummo discloses a method of making a three-dimensional printed object ([0005]) having anti-microbial properties ([0065-0066]; antimicrobial agents may be included to provide anti-microbial properties to the 3D printed object), the method comprising:
iteratively applying a particulate build material ([0005]; build material particles) to a powder bed to form individual particulate build material layers ([0005, 0097]; layer(s) of the build material can be applied in a fabrication bed of a 3D printer, wherein the build material comprises build material particles), wherein particulate build material includes polymer particles ([0089]; build material particles can be a polymer selected from a provided list);
based on a three-dimensional object model ([0001, 0111]; 3D printing according to digital model of the object to be formed), selectively applying a fusing agent ([0111]; selective delivery of fusing agent) onto the individual particulate build material layers ([0099]; the fusing agent can be selectively applied on at least a portion of the build material in the layer(s)), wherein the fusing agent includes water ([0119]; water-based dispersion) and an electromagnetic radiation absorber ([0119]; near infrared light absorber);
based on the three-dimensional object model, selectively applying a microbe-inhibiting agent ([0017, 0111]; metal bis(dithiolene) complex is selectively applied) onto the individual particulate build material layers in a sufficient amount to form an area having inhibited microbe growth ([0111]; metal bis(dithiolene) complex is selectively applied to the build material layer(s) to form areas having inhibited microbe growth), wherein the microbe-inhibiting agent includes a metal-containing microbe-inhibiting material that is a metal bis(dithiolene) complex ([0017]; metal bis(dithiolene) complex);
and exposing the powder bed to energy ([0103-0105]; exposing to infrared radiation) to selectively fuse the polymer particles in contact with the electromagnetic radiation absorber to form a fused polymer matrix at individual build material layers ([0106-0108]; infrared radiation fuses build material particles with selective fusing agent application).
Olubummo also discloses examples of fusing agents include water-based dispersions having a radiation absorbing binding agent (e.g., an active material) ([0119]). The active material may be a near infrared light absorber ([0119]). Olubummo discloses the fusing agent may comprise electromagnetic radiation absorbers ([0119]), wherein metal bis(dithiolene) complex, a near infrared light absorber, may be used in addition to a dye or pigment of any color ([0120]) and further discloses an example of carbon black being in a fusing agent ([0006]).
Chaffins discloses a method of making a three-dimensional printed object ([0059]) having anti-microbial properties ([0045]; antimicrobial agent additive may be included to provide anti-microbial properties to the 3D printed object), the method comprising:
iteratively applying a particulate build material ([0008]; thermoplastic polymer powder) to a powder bed to form individual particulate build material layers ([0008]; thin layers of the thermoplastic polymer powder are repeatedly spread on a bed), wherein particulate build material includes polymer particles ([0008]; thermoplastic polymer powder);
based on a three-dimensional object model ([0001, 0008]; 3D printing technology allows for rapid creation of prototype models, and therefore inherently prints according to a model), selectively applying a fusing agent ([0054]; fusing agent compositions can be applied to portions of a layer) onto the individual particulate build material layers ([0054]; fusing agent compositions can be applied to portions of a layer), wherein the fusing agent includes water ([0041]) and an electromagnetic radiation absorber ([0011]; energy absorber capable of absorbing electromagnetic radiation) selected from the group consisting of carbon black, a tungsten bronze, a molybdenum bronze, a conjugated polymer and a combination thereof ([0027]);
based on the three-dimensional object model, selectively applying a microbe-inhibiting agent ([0053]; pretreat composition, comprising the microbial agents, can be dispensed onto a first portion 130 of a layer and not on a second portion 140 for example) that is separate from the fusing agent ([0059]; the pretreat composition is separate from the fusing agent composition) onto the individual particulate build material layers in a sufficient amount to form an area having inhibited microbe growth ([0045, 0053]; the portion of the layer with the applied pretreat composition comprising the microbial agents would inhibit the growth of harmful microorganisms);
and exposing the powder bed to energy ([0059]; emitting electromagnetic radiation toward the thermoplastic polymer powder on the powder bed) to selectively fuse the polymer particles in contact with the electromagnetic radiation absorber to form a fused polymer matrix at individual build material layers ([0059]; emitting electromagnetic radiation toward the thermoplastic polymer powder having the pretreat composition and the fusing agent composition to fuse the thermoplastic polymer powder). However, the pretreat composition, corresponding to an anti-microbial agent, is an aqueous solution of a salt of an alkali metal with bromide or iodide ([0086]). Considering the Chaffins reference as a whole, the pretreat composition having a salt of an alkali metal with bromide or iodide is important for activating the transition metal particles in the fusing agent composition ([0012]).
Broach teaches a method of additive manufacturing ([00231, 00236]; solid-state additive manufacturing) comprising applying anti-microbial agents ([00230-00231]; anti-microbial dopants) to polymer build particles ([00236]; polymer powder), wherein the anti-microbial agents include a metal-containing microbe-inhibiting material selected from the group consisting of silver particles, copper particles and a combination thereof ([0049]; the dopants are Cu- or Ag- particles or both and provide anti-microbial functionality).
Kabalnov et al. (WO 2019156656 A1) teaches a fusing agent comprising a near infrared absorbing compound ([0010]), at least one co-solvent; at least one surfactant; at least one anti-kogation agent; at least one chelating agent; at least one buffer solution; at least one biocide; and water ([0013]). Kabalnov further teaches a detailing agent comprising at least one co-solvent; at least one surfactant; at least one anti-kogation agent; at least one chelating agent; at least one biocide; and water ([0015]).
However, none of the references of the record nor any other prior art either alone or in combination, Inter Alia, teach or fairly suggest a microbe-inhibiting agent consisting of a metal-containing microbe-inhibiting material selected from the group consisting of silver particles, copper particles, zinc particles, nickel particles and a combination thereof; and a liquid vehicle consisting of water and an additive selected from the group consisting of a polar aprotic co-solvent, a thiol surfactant, and a combination thereof. Therefore, claim 23 is deemed allowable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vipul Malik whose telephone number is (571)272-0976. The examiner can normally be reached M-F.
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/V.M./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754