DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgment is made of Provisional application No. 63/358,673, filed on Jul. 6, 2022.
Claims 1-26 are pending.
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.
Claims 1, 4-18, 21, 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2025/0207005).
Regarding claim 1: Suzuki is directed to a curable composition for additive manufacturing (stereolithographic article), the curable composition comprising:
A plurality of polymerizable monomer, which polymerizable monomers comprise at least 80 wt% of a crosslinker. Specifically, the monomers include a polyfunctional (meth)acrylic polymerizable monomer (A), e.g. an aromatic (meth)acrylic acid ester compound. Examples 1-8 comprise 100 wt% of a polymerizable monomer of 2,2,4-trimethylhexamethylenebis(2-carbamoyloxyethyl)dimethacrylate (UDMA), also known as urethane dimethacrylate, and is defined by the present invention as a crosslinking monomer.
A filler additive is disclosed ([0195]-[0196]), although an amount is not mentioned.
While Suzuki does not specify any specific amount of filler, it is the Examiner’s position an amount of filler is a result-effective variable (MPEP 2144.05). Specifically, Suzuki teaches the filler is added in an amount to adjust the shade or paste properties ([0200] Suzuki). Therefore, an amount of filler is a matter of routine experimentation and would have been well within the skill level of, and thus obvious to, one of ordinary skill in the art. (MPEP 2144.05) Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected an amount of filler within the scope of claim 1.
Regarding claims 4-5: Examples 1-8 comprise 100 wt% of the polymerizable monomers are 2,2,4-trimethylhexamethylenebis(2-carbamoyloxyethyl)dimethacrylate (UDMA), also known is urethane dimethacrylate, and is defined by the present invention as a crosslinking monomer.
Regarding claim 6: Further crosslinking monomers with different molecular weights include ethoxylated bisphenol-A diacrylate ([0252]).
Regarding claim 7: Urethane dimethacrylate comprises two polymerizable functional groups.
Regarding claim 8: Urethane dimethacrylate comprises 23 atoms between polymerizable groups of methacrylate.
Regarding claim 9-10: The curable composition is photocurable and thermocurable and chemically curable ([0001] ff).
Regarding claims 11-14: Examples 1-8 comprise 100 wt% of the polymerizable monomers are 2,2,4-trimethylhexamethylenebis(2-carbamoyloxyethyl)dimethacrylate (UDMA), also known is urethane dimethacrylate, which comprises 100 mol% of functional groups of methacrylate, has a molecular weight of at least 250 Da, and contains a urethane backbone.
Regarding claim 15: Suitable fillers include silica, a glass ([0196])
Regarding claims 16-17: While Suzuki does not specify any specific amount of filler, it is the Examiner’s position an amount of filler is a result-effective variable (MPEP 2144.05). Specifically, Suzuki teaches the filler is added in an amount to adjust the shade or paste properties ([0200] Suzuki). Therefore, an amount of filler is a matter of routine experimentation and would have been well within the skill level of, and thus obvious to, one of ordinary skill in the art. (MPEP 2144.05) Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected an amount of filler within the scope of the claims.
Regarding claim 18: Example 8 comprises about 90 wt% UDMA and 10 wt% solvent of ethyl acetate.
Regarding claim 21: A pigment is disclosed ([0200]).
Regarding claim 22:
Regarding claims 23-24: Photoinitiators are disclosed, including oligomers or a polymer [0146]-[0154].
Claims 2, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki as applied to claim 1 above, and further in view of Hara et al. (US 2024/0117081).
Regarding claims 2, 19, 20: Suzuki doesn’t mention a wetting agent.
Hara is directed to a polymerizable composition comprising (meth)acrylate polymers for use in dental applications ([0261] Hara). The composition can comprise a leveling agent of a polyether modified siloxane in an amount of 0.1 mass% or more ([0232] Hara), which is defined by the present invention as a wetting agent. One skilled in the art would have been motivated to have included a wetting / leveling agent in the composition of Suzuki to improve storage stability of the polymerizable composition and helps to prevent overtime sedimentation, and improves curability of the polymerizable composition ([0233] Hara). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to have included at least 0.5 wt% or a wetting / leveling agent in the composition of Suzuki.
Claims 3, 22, 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki as applied to claim 1 above, and further in view of Hagenbuch et al. (US 2020/0054423).
Regarding claims 3, 25-26: Examples 1-8 comprise 100 wt% of the polymerizable monomers are 2,2,4-trimethylhexamethylenebis(2-carbamoyloxyethyl)dimethacrylate (UDMA), also known is urethane dimethacrylate, and is defined by the present invention as a crosslinking monomer.
Suzuki doesn’t mention a color defined by claims 25-26.
Hagenbuch is directed to a curable composition used for dental applications having specific fillers and colorants to adjust the L*a*b* properties, including values within the scope of claims as demonstrated in the working examples. One skilled in the art would have been motivated to have selected the fillers and colorants of Hagenbuch in the composition of Suzuki to achieve a color as natural as possible appearance of dental restorations ([0027] Hagenbuch). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to have selected fillers and colorants of Hagenbuch in the composition of Suzuki resulting in a L*a*b* values within the scope of claims 25-26.
Regarding claim 22: Suzuki mentions pigments, although does not elucidate any specific pigment.
Hagenbuch teaches the composition comprises an inorganic pigment, e.g. TiO2. One skilled in the art would have been motivated to have selected an inorganic pigment in Suzuki as the pigment of choice since it is a white pigment used in dental applications. Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to have selected an inorganic pigment as the pigment of choice in Suzuki.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT T BUTCHER whose telephone number is (571)270-3514. The examiner can normally be reached Telework M-F 9-5 Pacific Time Zone.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lanee Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT T BUTCHER/Primary Examiner, Art Unit 1764