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 .
This Office Action is in response to the amendments and arguments filed September 14, 2026 wherein claims 1-11 are currently pending and claims 12-20 are withdrawn due to a restriction requirement.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (WO 2017/006173).
With regards to claim 1, Chen teaches crosslinked polymers for orthodontic appliances and light polymerizable liquid composition used to make the crosslinked polymer (abstract) using additive manufacturing (page 12). Chen teaches the composition to include a photoinitiator (page 11-12) and a combination of monomers that include CN991 and CN9782 (page 36 table 2) which correspond to Aliphatic urethane diacrylate and aromatic urethane diacrylate oligomer. Chen teaches the tensile strength of the polymer to be greater than 4000 psi (37.6 MPa) (page 4), a tensile modulus of 800 to 2000 MPa (page 4), and an elongation at break greater than 30% (page 4). Chen further teaches the total amount of crosslinking monomers to be 100% (page 36 examples) and the amount of photoinitiator to be 0.5% (page 36).
Chen is silent on the rigidity of the compounds, however, as stated above, it is unclear as to what constitutes a compound having a rigid or flexible backbone. It is considered by those skilled in the art prior to the effective filing date of the present invention that compounds consider monomers having aromatic rings to be rigid and those without being flexible.
With regards to claim 11, Chen teaches the composition to be used to form an aligner for teeth (abstract).
Claims 1-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ling et al (US 2022/0251250).
With regards to claim 1, Ling teaches a photo-curable resin composition for fabrication of printed objects including clear aligners (abstract) that includes a photo-initiator (0019) and a mixture of monomers including BisGMA (bisphenol A Glycidyl methacrylate (0028)) and EBPADMA (ethoxylated bisphenol A dimethacrylate (0029)) (0036 table 1) as applicants cite in the specification as reading on the claimed first and second crosslinker. Ling teaches the tensile strength to be 49.8 +/- 3.3 MPa (reading on about 50 MPa) and the modulus to be 1554.9 MPa. Ling further teaches the total amount of crosslinking monomers to be 99.37% (0036 example 1).
Ling is silent on the strain at break of the composition. However, because the composition contains the same compounds as claimed and have the claimed tensile strength and modulus strength, when the composition recited in the reference is substantially identical to that of the claims, the claimed properties or function are presumed inherent. MPEP 2112.01. Because the prior art exemplifies Applicant’s claimed composition in that the claimed components are used, the claimed physical properties relating to the strain at break are inherently present in the prior art. Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
With regards to claims 2-5, Ling teaches the composition to include bisphenol A glycidyl methacrylate (0036 table 1) as applicants cite in the specification as reading on the claimed first crosslinker.
With regards to claims 6-9, Ling teaches the composition to include ethoxylated bisphenol A dimethacrylate (0036 table 1) as applicants cite in the specification as reading on the claimed second crosslinker.
With regards to claim 10, Ling teaches the composition to include a photo-initiator that includes bis(2,4,6-trimethylbenzoyl)-phenylphosphine oxide (0019 and 0036 table 1).
With regards to claim 11, Ling teaches the composition to be used for clear aligners to align a person’s teeth (abstract).
Response to Arguments
Applicant’s arguments, see pages 8-11, filed September 14, 2026, with respect to claim 1 under 35 USC 112 have been fully considered and are persuasive. The rejection of claim 1 under 35 USC 112 has been withdrawn.
Applicant's arguments filed September 14, 2026 have been fully considered but they are not persuasive.
Argument - Applicants argue that the art on record does not teach the amount of crosslinkers to be at least 80%.
Response - Applicant has not explicitly defined “crosslinker” in the specification, however, what information is included to read on said term, particularly in the examples, shows that the term encompasses (meth)acrylate compounds that include both mono and polyfunctional monomers. The art on record teaches the specific claimed first and second crosslinker as well as other monomers and the concentration of monomers is well over 80% in the examples of both art on record. Therefore, this argument is no persuasive.
Argument - Applicant argues that there are unexpected results for a composition that contains at least 80% of the claimed crosslinker.
Response - The courts have stated that, with respect to unexpected results, “[i]t is well settled that unexpected results must be established by factual evidence. Mere argument or conclusory statements in the specification does not suffice.”. In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed.Cir.1984). Therefore, the unexpected results are not sufficient to get around the art on record.
Conclusion
THIS ACTION IS MADE FINAL. 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 JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763
