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 .
Election/Restrictions
Applicant’s election without traverse of Species A, B and C in the reply filed on January 5, 2026 is acknowledged. However, the claimed method has been found allowable and, as such, the species requirement of November 4, 2025 has been fully withdrawn.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claims 1 and 3-20 are pending and considered on the merits.
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 7 and 13 are 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.
Claim 7 recites the core and shell material are polymers of high miscibility. The term “high miscibility” is considered a term of relative degree. The as-filed specification discloses considerations of miscibility of the core and shell materials (polymers) in ¶[0055], ¶[0057] and ¶[0059] but does not reasonably suggest what is considered to be combinations of these materials which are considered be highly miscible with each other or what combinations are not considered to be polymers of high miscibility. Note that ¶[0055] refers to fully miscible and semi-miscible polymer combinations but does not relate these terms to “highly” miscible.
For the above reason, the term “highly miscible” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Similarly, claim 13 recites the limitation “particularly suitable” with respect to SLS type 3D printing. The term “particularly suitable” is considered a term of relative degree. The as-filed specification does not reasonably suggest what is particularly suitable for SLS 3D printing or not particularly suitable for SLS printing. The as-filed specification teaches multiple 3D printing techniques including SLS, HSS, MJF (see ¶[0004]/¶[0028]/¶[0029]) and discloses combinations of polymers which are suitable for 3D printing in ¶[0053]. However, these combinations are disclosed for all 3D printing techniques and there is no disclosure which suggests which combinations are particularly suitable for SLS 3D printing techniques as multiple 3D printing techniques are within the four corners of the as-filed specification as discussed above.
For the above reason, the term “particularly suitable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Allowable Subject Matter
Claims 1, 3-6, 8-12, 14-20 are allowed. Claims 7 and 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The closest prior art is Baer (U.S. 4,306,040) which teaches core-shell particles of elastomer and polymer shell made via a method which including a latex of elastomer (i.e core polymer in a solution) and a separate solution of styrene, acrylonitrile and a monoethyl maleate which is then added to the latex and the styrene, acrylonitrile and malate are then polymerized on to form a shell around the elastomer cores. (See Example of Column 6 and 7) The resulting core-shell particles are then filtered through a cheesecloth and coagulated to form the resulting particles. The core shell interface is not made in Baer by coagulation but by polymerization and coagulation is a step used to gather the formed core-shell particles to wash and filter them out. There is no teaching or suggestion as to how to modify the method of Baer such that the shell is polymerized first then mixing the dissimilar materials to coat the styrene shell material on the elastomer cores by coagulation (or, in other terms coprecipitation) as recited by the method of Claim 1. To arrive at the claimed invention via Baer or the prior art would require the use of hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M RODD whose telephone number is (571)270-1299. The examiner can normally be reached 7 am - 3:30 pm (Pacific).
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/Christopher M Rodd/Primary Examiner, Art Unit 1766