0DETAILED 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10 and 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 10 recites the broad recitation of acrylate, as well as, methacrylate in line 11 (considered a genus), as monomers useable in the photo resin formulation and the claim also recites the listing of specific species of acrylate and methacrylate monomers, i.e., bisphenol A glycerolate (1 glycerol/phenol) diacrylate, an aliphatic urethane diacrylate, di-pentaerythritol pentaacrylate, a diurethane dimethacrylate (DUDMA), bisphenol A ethoxylate dimethacrylate, triethylene glycol dimethacrylate, bisphenol A-glycidyl dimethacrylate (BisGMA), gelatin methacrylate, poly(ethylene glycol) diacrylate, hexyl acrylate, 2- [[(butylamino)carbonyl]oxy]ethyl acrylate, trimethylolpropane triacrylate, ethoxylated bisphenol A dimethacrylate, tricyclodecane dimethanol diacrylate, 2-hydroxyethyl methacrylate, 2-hydroxyethyl acrylate, ethyl methacrylate, hydroxypropyl methacrylate, hydroxybutyl methacrylate, ethylene glycol methyl ether methacrylate, 1,6-hexanediol diacrylate, 2-hydroxy acrylate, isobornyl acrylate, glycidyl acrylate, glycidyl methacrylate, 2-phenoxyethylacrylate, tert-butyl acrylate, n-butyl acrylate, ethyl acrylate, benzyl acrylate, methyl acrylate, lauryl acrylate, vinyl acrylate, isobutyl acrylate, (2-methoxyethyl) acrylate, 2-ethylhexyl acrylate, ethylene glycol phenyl ether acrylate, acrylic acid, methacrylic acid, hexyl acrylate, hexyl methacrylate, or pentaerythritol tetraacrylate, 1,4-butanediol diacrylate which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 13: It is unclear at which temperature range applicant intends for the resin composition to have the claimed viscosity range. It is known viscosity is inversely proportional to temperature. Does applicant intend for the viscosity temperature to be at room temperature, low temperature (below 25 deg. C or less), or at a high temperature (above 100 deg. C or more). Clarification is requested.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ahn et al (Advanced Materials, 11/2021).
Ahn teaches the addition of a multifunctional thiol additive to known photocurable acrylic resin composition enables rapid high-resolution visible light 3D printing under ambient conditions (oxygen (O2) atmosphere)—see abstract, lines 12-15. Anh sets forth a major limitation of highly reactive visible-light-curable resins for 3D printing is the need for oxygen removal, both from the resin and surrounding atmosphere during printing because oxygen will quench propagating carbon centered radicals to form more stable peroxy radicals that do not reinitiate acrylate polymerizations. Ahn teaches the addition of thiol additives to simultaneously preclude oxygen inhibition and enhance photopolymerization rates under ambient conditions for visible-light photocuring and that the process is universal, enabling rapid high-resolution visible-light 3D printing for an array of acrylic resins—see introduction. Ahn teaches the addition of the thiol additive (PETMP, corresponding to applicant’s reducing agent) reduces oxygen inhibition through two mechanisms: 1) hydrogen abstraction from thiols by peroxy radicals formed when propagating carbon centered radicals react with molecular oxygen—see page 3, left col., 2nd full paragraph, lines 1-4.
Regarding claims 1-3, 5, and 7-10, Ahn explicitly sets forth irradiation of a photocurable resin compositions comprising an aliphatic urethane diacrylate (claim 10) and tripropylene glycol diacrylate (claim 9) in a 1:1 ratio; 0.5 wt. % (1.19 mM) of phenylbis(2,4,6-trimethylbenzoyl) phosphine oxide (BAPO--photoinitiator) [claims 7-8]; and 1 wt. % (2.04 mM) of pentaerythritol tetrakis(3-mercaptopropionate) (PETMP, corresponding to applicants reducing agent) [claims 2-4 and 8--17 carbon atoms] under ambient conditions (O2 atmosphere). This is deemed to anticipate instant claim 1, wherein it is deemed the composition under ambient conditions has both atmospheric oxygen and oxygen dissolved in the resin composition—see Introduction, page 1, right col. 2nd full paragraph, lines 10-13. The tripropylene glycol diacrylate is deemed to anticipate the acrylate monomer, the ambient conditions anticipates the inhibitor comprising molecular oxygen; the BAPO anticipates the photoinitiator, and the PETMP anticipates the reducing agent reactive with a peroxyl radical formed from the polymerization inhibitor—claim 1.
Regarding claims 1, 4 and 5-6: Ahn explicitly sets forth irradiating a photocurable composition comprising an aliphatic urethane diacrylate and tripropylene glycol diacrylate in a 1:1 ratio; 0.5 wt. % (1.19 mM) of photoinitiator system: 0.05 mol% ZnTPP, 0.05 mol% Borate V, 0.35 mol% HNu-254; and 1 wt. % (2.04 mM) of triphenylphosphine (claims 3 and 5-6) under ambient conditions (O2 atmosphere)—claim 1, see supplemental table S9.
Regarding claims 1 and 9-10: Ahn explicitly sets forth irradiating a photocurable composition comprising resins comprising either BR952:HEMA:PETMP (in 70/29/1 wt.% ratio) or BR-345:HEA:PETMP (in 50/49/1 wt.% ratio) with 0.3 wt% ZnTPP, 0.2 wt.% Borate V, 2 wt.% HNu-254, 0.01 wt.% TEMPO were added as photoinitiating components under ambient conditions (O2 atmosphere), HEA is hydroxyethyl acrylate and HEMA is hydroxyethyl methacrylate (claims 9-10) and PETMP is pentaerythritol tetrakis(3-mercaptopropionate) corresponding to applicant’s reducing agent—claim 1.
Claim Rejections - 35 USC § 103
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (cited above).
Ahn is set forth above as explicitly anticipating the formulation of claims 1-10.
Ahn does not expressly set forth the addition of a solvent; however, Ahn does not expressly set forth the viscosity of the resin compositions as outlined the teachings; however; it is known all liquids have a viscosity and Ahn sets forth heating the resin compositions to 70 deg. C to lower the viscosity, as well as, adding reactive diluents (viscosity reducing reactive solvent). Thus, the compositions of Ahn inherently has a viscosity and since the Patent and Trademark Office is not equipped to conduct experimentation in order to determine whether Applicant’s composition differs and, if so, to what extent, from the discussed reference. Therefore, with the showing of the reference, the burden of establishing non-obviousness by objective evidence is shifted to the Applicants.
Claim(s) 2-6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn as applied to claims 1-10 above, and further in view of Ligon et al (Chem. Rev, 2014).
Ahn is set forth above as anticipating the photo resin formulation of claims 1-10. Ahn does not expressly set forth silane, amine, stannane, or borane reducing agents. However, it is known in the art reducing agents, such as amines, thiols, and silanes, a number of hydrogen donors, triphenyl derivatives of group 14 elements silicon, stannane, organic boron compound; and organic phosphorus compounds are suggested for use as peroxyl radical reducing agents are useable in processes, such as additive manufacturing using acrylic compositions, as set forth by Ligon. Ligon sets forth strategies to reduce oxygen inhibition in photoinduced polymerization in processes, such as additive manufacturing—see section 3.4, 3.4.1-3.5.2 (pages 569-573) and section 5.4 (page 581). Ligon sets forth N-methyl diethanolamine, 2-(N-methyl-N-phenylamino)1-phenylethanol, and triethanolamine; mercaptopropylmethylsiloxane mercaptobenzoxazole, mercaptobenzamidazole and mercaptobenzothiazole; AND borane−amine complexes—see 3.4, 3.4.1-3.5.2 (pages 569-573) and section 5.4 (page 581).
Ahn and Ligon are analogous art because they are concerned with the same problem, i.e., oxygen inhibition in photocurable formulations. Therefore, it would have been within the skill level of an ordinary artisan to use other known reducing agents, as set forth by Ligon, in formulations as set forth by Ahn with a reasonable expectation of inhibiting the oxygen in said composition and obtaining a faster cure, as suggested by Ahn in the absence of evidence to the contrary/or unexpected results. It is prima facie obvious to add a known ingredient for its known function—see In re Linder 173 USPQ 356 and In re Dial et al 140 USPQ 244.
Allowable Subject Matter
Claims 11-12 and 14-20 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.
The following is a statement of reasons for the indication of allowable subject matter: The cited art above (closest prior art) while setting forth additive manufacturing methods, fails to expressly teach and/or render obvious a volumetric additive manufacturing process, as well as, the use of organic solvents in the photocurable resin composition. Additionally, secondary reference to Ligon sets forth the principal advantage of photocuring is the ability to cure solvent-free formulations within a fraction of a second with high temporal and spatial control.
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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