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
Claims 20-38 are currently pending.
Claims 35-38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected invention groups, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/09/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 20-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grover (US 2021/0246298 A1).
Grover teaches dual cure polymerizable liquids (or “resins”) useful in additive manufacturing, wherein the resins comprise [0028, 0051]:
Light-polymerizable monomers and/or prepolymers. Sometimes also referred to as “Part A” of the resin, these are monomers and/or prepolymers that can be polymerized by exposure to actinic radiation or light [0052]. Examples of suitable reactive end groups suitable for Part A constituents, monomers, or prepolymers include, but are not limited to: acrylates, methacrylates, α-olefins, N-vinyls, acrylamides, methacrylamides, unsaturated epoxides, styrenics, 1,3-dienes, vinyl halides, acrylonitriles, vinyl esters, maleimides, and vinyl ethers [0052].. Corresponds to claimed (a2), see instant claims 20 and 27.
Heat-polymerizable monomers and/or prepolymers. Sometimes also referred to as “Part B”, these constituents may comprise, consist of or consist essentially of a mix of monomers and/or prepolymers that possess reactive end groups that participate in a second solidification reaction during or after the Part A solidification reaction [0055]. The “Part B” components generally comprise suitable reactive end group pairs (e.g. epoxy/amine) [0056]. In some embodiments, the heat polymerizable component comprises an epoxy polymer or resin [0057]. Corresponds to claimed (b1), see instant claims 20, 29, and 30.
Additional Resin Ingredients.
Photoinitiators. [0065]. Corresponds to claimed (c), see instant claim 20.
Hardeners. In some embodiments, the hardener comprises a latent hardener (including mixtures thereof); that is, a hardener having a low reactivity at lower temperatures, and/or which is sparingly soluble at lower temperatures, such that the hardener can be more stable at room temperature, but then activated upon heating. [0069, 0073]. articular examples include, bis(4-aminophenyl) sulfone and bis(3-aminophenyl) sulfone [0073]. Corresponds to claimed (b2), formulas (I) and (III), see instant claims 30-33.
Organic diluents. Diluents for use in the present invention are preferably reactive organic diluents; that is, diluents that will degrade, isomerize, cross-react, or polymerize, with themselves or a light polymerizable component, during the additive manufacturing step [0080]. Suitable examples of diluents include, n-vinyl-2-pyrrolidone and n-vinyl caprolactam [p. 0080]. Corresponds to claimed (a1), see instant claims 22-25.
Furthermore, regarding claims 26, 28, and 34, Grover teaches embodiments wherein:
(C.III) The vinyl heterocycle diluent (a1) corresponds 10 to about 40 percent by weight, or more, of the total resin (polymerizable liquid) composition [0080];
(A) the light-polymerizable unsaturated monomers and/or prepolymers (a2) corresponds to 10 to 50 percent by weight of the total resin (polymerizable liquid) composition [0028];
(B) the heat-polymerizable epoxy monomers and/or prepolymers (b1) corresponds to 10 to 50 percent by weight of the total resin (polymerizable liquid) composition [0028]; and
(C.II) the amino sulfone hardener(s) (b2) correspond to 10 to 40 percent by weight of the total resin (polymerizable liquid) composition [0028].
One having ordinary skill in the art would recognize that embodiments of Grover obviously satisfy the individual claimed ranges for (a) and (a1), as well as the claimed ratio of (a):(b) of 1:5 to 20:1, regardless if one considers (a1):(b1) or (a1+a2):(b1+b2). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Grover is silent with respect to the increase in viscosity of the composition after storage for 7 days. However, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to prepare applicants claimed invention as teachings of Grover of embrace embodiments wherein the composition comprises all of the claimed components (a1, a2, b1, b2, and c) and the amounts thereof [see p. 0197-0201 of the application PG-Pub]. In light of this, a skilled artisan would reasonably predict that embodiments of Grover would obviously satisfy the claimed viscosity stability after storage.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLEY GRACE HESTER whose telephone number is (703)756-5435. The examiner can normally be reached Monday - Friday 9:00AM -5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at (571) 272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOLLEY GRACE HESTER/Examiner, Art Unit 1766
/RANDY P GULAKOWSKI/Supervisory Patent Examiner, Art Unit 1766
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