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 of Group I, Claims 1-12, in the reply filed on March 31, 2026 is acknowledged. Election was made with traverse in the reply filed on March 31, 2026.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group/species there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on March 31, 2026.
Applicant traversed the restriction but does not specifically point out any errors in the February 24, 2026 Restriction. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 8-10 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 8 and claim 10 are deemed indefinite since two separate ranges are being presented. The scope of the claim is unclear. For the sake of compact prosecution, claim 8 and claim 10 is understood as “in a range of greater than 0 weight% and up to about 15 weight% of the weight”.
Claim 9 recites “the mixture includes a sub-mixture consisting of the ceramic nanoparticles (A) and the primary pore former polymer (B)”. Claim 9 is deemed indefinite because it is unclear if the “submixture” is a product-by-process limitation of the claimed mixture, as recited in claim 1. That is, it is unclear if the claim is directed towards the forming a submixture prior to forming the claimed mixture. Alternatively, it is unclear if how a mixture of 4 components, i.e. “ceramic nanoparticles; a primary pore former polymer capable of crosslinking; a secondary pore former polymer configured to form micron-sized pores in the ceramic material; and a polymerization initiator” is a mixture if there is a submixture comprising two of the four components. Claim 9 is open to any interpretation, i.e. a product-by-process limitation, a mixture of 4 components, a mixture of 2 components and a submixture of 2 components or some other combination.
Claim Rejections - 35 USC § 102
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 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN109721339A (hereinafter CN 339).
Regarding claim 1, CN 339 discloses a ceramic mixture for forming a ceramic material (see CN 339 paragraphs 0001, 0010, 0032).
Statements in the preamble reciting the purpose or intended use of the claimed invention which do not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art do not limit the claim and do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See also MPEP § 2111.02, §2112.02 and 2114-2115.
CN 339 discloses ceramic nanoparticles (see CN 339 paragraphs 0008, 0010, 0011, 0015, 0023, 0025, 0027).
CN 339 discloses a primary pore former polymer capable of crosslinking and a secondary pore former polymer configured to form micron-sized pores in the ceramic material (see CN 339 paragraphs 0010, 0014, 0016, 0017, 0025, 0027).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of CN 339 (see Applicant’s specification paragraph 00128) is substantially identical to the claimed a) primary pore former polymer and b) secondary pore former polymer of the present application, and therefore, the structure of CN 339 is presumed inherently capable of a) crosslinking and b) forming micron-sized pores in the ceramic material.
CN 339 discloses a polymerization initiator (see CN 339 paragraphs 0012, 0023, 0025, 0027).
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.
Rejection based on US 333 in view of US 099
Claims 1-4 and 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over US20200114333A1 (hereinafter 333) in view of US20110171099A1 (hereinafter US 099)
Regarding claim 1, US 333 discloses a ceramic mixture for forming a ceramic material (see US 333 claims 10, 17; figure 3; and paragraphs 0023, 0072, 0149-0174).
Statements in the preamble reciting the purpose or intended use of the claimed invention which do not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art do not limit the claim and do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See also MPEP § 2111.02, §2112.02 and 2114-2115.
US 333 discloses ceramic nanoparticles (see US 333 paragraphs 0022, 0071-0072, 0155-0157, 0175, 0179, 0232).
US 333 discloses a primary pore former polymer capable of crosslinking (see US 333 paragraphs 0161, 0175, 0179, 0232 (US 333 discloses “any cross-linkable polymer. The polymer resin may be an acrylate that can be cross-linked using a thermal initiator (e.g. a cross-linking agent), for example but not limited to, polyethylene glycol diacrylate (PEGDA) plus a thermal initiator (e.g. 3 wt % Luperox 231)” (see US 333 paragraph 0161), “a blended slurry of 70 wt % 8 mol % Y2O3− ZrO2 (8YSZ) with PEGDA may be used as an ink to form a log-pile 3D structure” (see US 333 paragraph 0175), “a blended slurry mixture of 60 wt % 3Y-TZP with PEGDA using an additive manufacturing technique of PμSL (before sintering and polymer burn-out)” (see US 333 paragraph 0179) and a slurry mixture of “metal oxide nanoparticles (3 mol % Y2O3− doped ZrO2 (3Y-TZP, Tosoh USA, Inc, Grove City, Ohio) and PEGDA (Mn 575)… 3 wt % Luperox® 231” (see US 333 paragraph 0232).).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 333 is substantially identical to the claimed primary pore former polymer of the present application, and therefore, the structure of US 333 is presumed inherently capable of crosslinking.
US 333 does not disclose a secondary pore former polymer configured to form micron-sized pores in the ceramic material.
US 099 discloses a process of forming a porous material comprising at least two powders of fine and coarse particles, blended with an organic material comprising an organic pore former and/or a binder and a solvent (see US 099 abstract and paragraphs 0017-0022, 0060 tables 2-4). US 099 discloses polyethylene pore former (see US 099 paragraphs 0052, 0060, Table 2-4). US 099 discloses “to obtain wall porosity levels of the structure that are compatible with use as a particulate filter, i.e. typically between 35 and 65, it is in general necessary to additionally introduce, into the blend, organic pore-forming agents. These organic pore-forming agents are vaporized at relatively high temperature during the firing” (see US 099 paragraph 0052).
US 099 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. porous/ceramic material and/or method of making a porous/ceramic material.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate a polyethylene pore-forming agent, as disclosed in US 099, into the composition of US 333 because it would assist with forming a porous material.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate a polyethylene pore-forming agent, as disclosed in US 099, into the composition of US 333 because it would assist with forming a wall porosity level of the structure that are compatible with use as a particulate filter.
Hence, US 333 in view of US 099 discloses ceramic mixture for forming a ceramic material, comprising ceramic nanoparticles; a primary pore former polymer capable of crosslinking; a secondary pore former polymer configured to form micron-sized pores in the ceramic material.
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 333 in view of US 099 is substantially identical to the claimed secondary pore former polymer of the present application, and therefore, the structure of US 333 in view of US 099 is presumed inherently capable of forming micron-sized pores in the ceramic material.
US 333 in view of US 099 discloses a polymerization initiator (see US 333 paragraphs 0161, 0162 0168, 0177).
Regarding claim 2, US 333 in view of US 099 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 099 discloses the ceramic nanoparticles comprise yttria stabilized zirconia (see US 333 paragraphs 0133, 0155, 0175, 0236; Table 1).
Regarding claim 3, US 333 in view of US 099 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 099 discloses the primary pore former polymer is poly(ethyleneglycol) diacrylate (see US 333 paragraphs 0161, 0175, 0179, 0232).
Regarding claim 4, US 333 in view of US 099 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 099 discloses the secondary pore former polymer is a polyethylene powder (see rejection of claim 1; see US 099 paragraphs 0052, 0060, Table 2-4).
Regarding claim 6 and claim 7, US 333 in view of US 099 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 099 does not disclose an additive that adsorbs to a surface of the ceramic nanoparticles, the additive being present in an effective amount to promote dispersion of the ceramic nanoparticles in the ceramic mixture, as recited in claim 6, and discloses the additive is selected from the group consisting of a dispersant, and a lubricant, as recited in claim 7.
US 099 discloses an additive that adsorbs to a surface of the ceramic nanoparticles, the additive being present in an effective amount to promote dispersion of the ceramic nanoparticles in the ceramic mixture, as recited in claim 6, and discloses the additive is selected from the group consisting of a dispersant, and a lubricant, as recited in claim 7 (see US 099 paragraphs 0024).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 333 in view of US 099 to incorporate an additive, such as a dispersant and/or a lubricant, as disclosed in US 099 because it would assist with forming pores of the porous material and/or because it would assist with preventing clustering or forming agglomerates from forming the composition (US 099 discloses “organic materials incorporated into the blend are especially agents having a pore-forming functionality and pre-forming agents, such as binders, plasticizers, dispersants and lubricants, without this list however being exhaustive” (see US 099 paragraph 0024).).
It is understood that “effective amount” may be any amount. Herein, there must necessarily be a value within the prior art. “There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the time of invention, but only that the subject matter is in fact inherent in the prior art reference.” See MPEP 2112, II.
Regarding claim 8, US 333 in view of US 099 discloses the invention as discussed above in claim 7. Further, US 333 in view of US 099 does not disclose an amount of the additive is in a range of greater than 0 weight% up to about 15 weight% of the weight of the primary pore former polymer.
One of ordinary skill in the art would understand that the addition of an additive to the composition must necessarily be greater than 0 weight% when present in the composition.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to optimize the concentration of the additive in US 333 in view of US 099 because if the concentration is too low then the additive may not affect the composition, i.e. forming pore and/or preventing clustering or forming agglomerates, and if the concentration is too high then it may negatively impact the formed porous material and/or would be a waste of materials/resources and increase cost.
Regarding claim 9, US 333 in view of US 099 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 099 discloses the mixture includes a sub-mixture consisting of the ceramic nanoparticles (A) and the primary pore former polymer (B) wherein A is about 50 to 80 weight% of the total weight of the ceramic mixture, wherein A + B = 100 weight% of the sub-mixture (see US 333 paragraphs 0022, 0175, 0179 and Table 1).
In the alternative, if US 333 in view of US 099 does not disclose a “sub-mixture consisting of the ceramic nanoparticles (A) and the primary pore former polymer (B)”, then this feature is nonetheless rendered obvious by US 333 in view of US 099.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form a sub-mixture, as disclosed in US 333, prior to the addition of the secondary pore former polymer, as disclosed in US 099, because it would assist with achieving interactions between the ceramic nanoparticles and the primary pore former polymer.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form a sub-mixture, as disclosed in US 333, prior to the addition of the secondary pore former polymer, as disclosed in US 099, because it would assist with the achieving the features as disclosed in US 333, such as “three-dimensional structure includes a ceramic material having an open cell structure with a plurality of pores, where the pores form continuous channels through the ceramic material from one side of the ceramic material to an opposite side of the ceramic material” (see US 333 paragraph 0020; see also US 333 paragraphs 0021-0022, 0070, 0160, 0165).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form a sub-mixture, as disclosed in US 333, prior to the addition of the secondary pore former polymer, as disclosed in US 099, because there are a limited number of options for combining the four components of a composition. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.).
Regarding claim 10, US 333 in view of US 099 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 099 discloses an amount of the secondary pore former polymer is in a range of greater than 0 weight% up to about 15 weight% of a weight of the primary pore former polymer.
One of ordinary skill in the art would understand that the addition of a secondary pore former polymer to the composition must necessarily be greater than 0 weight% when present in the composition.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to optimize the concentration of the secondary pore former polymer in US 333 in view of US 099 because if the concentration is too low then the secondary pore former polymer may not be effective in assisting polymerization of the composition and if the concentration is too high then it may negatively impact the formed porous material and/or would be a waste of materials/resources and increase cost.
Regarding claim 11 and claim 12, US 333 in view of US 099 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 099 discloses the ceramic mixture is configured as an ink for extrusion-based printing, as recited in claim 11, and discloses the ceramic mixture is configured as a resin for light-based lithography printing, as recited in claim 12 (see rejection of claim 1).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 333 in view of US 099 is substantially identical to the claimed secondary pore former polymer of the present application, and therefore, the structure of US 333 in view of US 099 is presumed inherently capable of being ink for extrusion-based printing, as recited in claim 11, and is presumed inherently capable of being resin for light-based lithography printing, as recited in claim 12.
Rejection based on US 333 in view of US 449
Claims 1-5 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over US20200114333A1 (hereinafter 333) in view of US20030166449A1 (hereinafter US 449).
Regarding claim 1, US 333 discloses a ceramic mixture for forming a ceramic material (see US 333 claims 10, 17; figure 3; and paragraphs 0023, 0072, 0149-0174).
Statements in the preamble reciting the purpose or intended use of the claimed invention which do not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art do not limit the claim and do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See also MPEP § 2111.02, §2112.02 and 2114-2115.
US 333 discloses ceramic nanoparticles (see US 333 paragraphs 0022, 0071-0072, 0155-0157, 0175, 0179, 0232).
US 333 discloses a primary pore former polymer capable of crosslinking (see US 333 paragraphs 0161, 0175, 0179, 0232 (US 333 discloses “any cross-linkable polymer. The polymer resin may be an acrylate that can be cross-linked using a thermal initiator (e.g. a cross-linking agent), for example but not limited to, polyethylene glycol diacrylate (PEGDA) plus a thermal initiator (e.g. 3 wt % Luperox 231)” (see US 333 paragraph 0161), “a blended slurry of 70 wt % 8 mol % Y2O3− ZrO2 (8YSZ) with PEGDA may be used as an ink to form a log-pile 3D structure” (see US 333 paragraph 0175), “a blended slurry mixture of 60 wt % 3Y-TZP with PEGDA using an additive manufacturing technique of PμSL (before sintering and polymer burn-out)” (see US 333 paragraph 0179) and a slurry mixture of “metal oxide nanoparticles (3 mol % Y2O3− doped ZrO2 (3Y-TZP, Tosoh USA, Inc, Grove City, Ohio) and PEGDA (Mn 575)… 3 wt % Luperox® 231” (see US 333 paragraph 0232).).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 333 is substantially identical to the claimed primary pore former polymer of the present application, and therefore, the structure of US 333 is presumed inherently capable of crosslinking.
US 333 does not disclose a secondary pore former polymer configured to form micron-sized pores in the ceramic material.
US 449 discloses a porous ceramic material (see US 449 abstract and paragraphs 0004-0010) wherein the material is prepared from an organic paste comprising an organic portion or filler, an organic binder, a pore-forming agent and a solvent with, optionally, a deflocculating agent and/or an inorganic binder and/or a processability-enhancing agent (see US 449 claims 26, 31, 38; and paragraphs 0021, 0038, 0043, 0048, 0053, 0058, 0063, 0068, 0073). US 449 discloses polyethylene as a pore-forming agent (see US 449 paragraph 0028) and/or an extrusion-enhancing agent (see US 449 paragraph 0032), wherein the particle size of polyethylene may be 5 and 30 μm (see US 449 paragraphs 0028 and claims 36-37).
US 449 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. porous/ceramic material and/or method of making a porous/ceramic material.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate a polyethylene component, which may be a pore-forming agent and/or an extrusion-enhancing agent, as disclosed in US 449, into the composition of US 333 because it would assist with forming a porous material and/or because it would assist the extrudability of the composition and/or because it would assist one of ordinary skill in the art with forming a desired porous characteristic of a porous material/controlling the characteristic of the porous material (US 449 discloses “making it possible to adjust, in a simple fashion, the key characteristics of the membrane structure, in other words pore diameter and porosity, this being done in a simple and rapid manner, as well as over a wide range of variation without loss of mechanical strength. Such adaptability is obtained independently for pore diameter and porosity; in other words, both criteria can be adjusted independently one of the other. This adaptability is obtained without modifying the sintering temperature of the parts obtained” (see US 449 paragraph 0008).).
Hence, US 333 in view of US 449 discloses ceramic mixture for forming a ceramic material, comprising ceramic nanoparticles; a primary pore former polymer capable of crosslinking; a secondary pore former polymer configured to form micron-sized pores in the ceramic material.
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 333 in view of US 449 is substantially identical to the claimed secondary pore former polymer of the present application, and therefore, the structure of US 333 in view of US 449 is presumed inherently capable of forming micron-sized pores in the ceramic material.
US 333 in view of US 449 discloses a polymerization initiator (see US 333 paragraphs 0161, 0162 0168, 0177).
Regarding claim 2, US 333 in view of US 449 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 449 discloses the ceramic nanoparticles comprise yttria stabilized zirconia (see US 333 paragraphs 0133, 0155, 0175, 0236; Table 1).
Regarding claim 3, US 333 in view of US 449 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 449 discloses the primary pore former polymer is poly(ethyleneglycol) diacrylate (see rejection of claim 1; see US 333 paragraphs 0161, 0175, 0179, 0232).
Regarding claim 4, US 333 in view of US 449 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 449 discloses the secondary pore former polymer is a polyethylene powder (see rejection of claim 1; see US 449 paragraph 0028, 0038, 0043, 0058, 0063, 0068).
Regarding claim 5, US 333 in view of US 449 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 449 discloses the secondary pore former polymer is a polymer powder comprised of particles, wherein an average diameter of the particles is in a micron range (see rejection of claim 4).
Regarding claim 9, US 333 in view of US 449 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 449 discloses the mixture includes a sub-mixture consisting of the ceramic nanoparticles (A) and the primary pore former polymer (B) wherein A is about 50 to 80 weight% of the total weight of the ceramic mixture, wherein A + B = 100 weight% of the sub-mixture (see US 333 paragraphs 0022, 0175, 0179 and Table 1).
In the alternative, if US 333 in view of US 449 does not disclose a “sub-mixture consisting of the ceramic nanoparticles (A) and the primary pore former polymer (B)”, then this feature is nonetheless rendered obvious by US 333 in view of US 449.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form a sub-mixture, as disclosed in US 333, prior to the addition of the secondary pore former polymer, as disclosed in US 449, because it would assist with achieving interactions between the ceramic nanoparticles and the primary pore former polymer.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form a sub-mixture, as disclosed in US 333, prior to the addition of the secondary pore former polymer, as disclosed in US 449, because it would assist with the achieving the features as disclosed in US 333, such as “three-dimensional structure includes a ceramic material having an open cell structure with a plurality of pores, where the pores form continuous channels through the ceramic material from one side of the ceramic material to an opposite side of the ceramic material” (see US 333 paragraph 0020; see also US 333 paragraphs 0021-0022, 0070, 0160, 0165).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form a sub-mixture, as disclosed in US 333, prior to the addition of the secondary pore former polymer, as disclosed in US 449, because there are a limited number of options for combining the four components of a composition. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.).
Regarding claim 10, US 333 in view of US 449 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 449 discloses an amount of the secondary pore former polymer is in a range of greater than 0 weight% up to about 15 weight% of a weight of the primary pore former polymer.
One of ordinary skill in the art would understand that the addition of a secondary pore former polymer to the composition must necessarily be greater than 0 weight% when present in the composition.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to optimize the concentration of the secondary pore former polymer in US 333 in view of US 449 because if the concentration is too low then the secondary pore former polymer may not be effective in assisting polymerization of the composition and if the concentration is too high then it may negatively impact the formed porous material and/or would be a waste of materials/resources and increase cost.
Regarding claim 11 and claim 12, US 333 in view of US 449 discloses the invention as discussed above in claim 1. Further, US 333 in view of US 449 discloses the ceramic mixture is configured as an ink for extrusion-based printing, as recited in claim 11, and discloses the ceramic mixture is configured as a resin for light-based lithography printing, as recited in claim 12 (see rejection of claim 1).
Additionally, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.). Herein, the structure of US 333 in view of US 449 is substantially identical to the claimed secondary pore former polymer of the present application, and therefore, the structure of US 333 in view of US 449 is presumed inherently capable of being ink for extrusion-based printing, as recited in claim 11, and is presumed inherently capable of being resin for light-based lithography printing, as recited in claim 12.
Other Applicable Prior Art
All other art cited not detailed above in a rejection is considered relevant to at least some portion or feature of the current application and is cited for possible future use for reference. Applicant may find it useful to be familiar with all cited art for possible future rejections or discussion.
Conclusion
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/BERNADETTE KAREN MCGANN/Examiner, Art Unit 1773
/BENJAMIN L LEBRON/Supervisory Patent Examiner, Art Unit 1773
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