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 .
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.
Election/Restrictions
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 17, 2026.
Claim Rejections - 35 USC § 103
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 1-6 and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2007-291169 in view of KR 20130048135 and JP 5962188, and further in view of Lucas (US 9,132,588) and Monsheimer (US 8,840,829).
JP '169 teaches solid modified particles comprising a meltable organic solid component (A), which can include polyamide resins such as PA 6, PA12, PA11, PA1010, PA 1012, etc, and a modifier (B), listed to include organic pigments such as azo, phthalocyanine, anthraquinones, diketopyrroliopyrrole, etc. JP '169 teaches that the modifier can be added during the synthesis process of (A), such as the polymerization process.
JP ‘169 teaches that when the modifier functions as a colorant, such as a dye, can be used as particles having excellent offset resistance, where offset resistance refers to the prevention of a dye from bleeding.
JP 59062188 teaches polymers, such as polyamide, having a phthalocyanine dye in a side chain, teaching that phase separation, migration and bleeding are prevented.
KR 20130048135 teaches the preparation of organic dye modified polyamides.
Therefore, the preparation of dye modified polyamides is known in the art.
JP ‘169 teaches that the modified particles are spherical and have a small size, with an average particle size (D50) of about 1-200 micron, teaching that by using the method of JP ‘169, the particle size distribution can be further narrowed, desiring a coefficient of variation of 60 or less.
JP ‘169 does not teach or suggest the D10 or D90, as claimed.
Lucas teaches a polymer powder for selective laser sintering, teaching that when the particle size distribution and sphericity meet the following requirements, articles of high density and high uniformity of mechanical properties, as well as good surface appearance, can be obtained:
D50=20-100 micron and (D90-D10)/D50=0.85-1.5 and sphericity of 0.8-1.
Monsheimer teaches a polyamide powder for use in selective laser sintering processes, the powder having an average particle size of 10-120 micron, teaching a polyamide powder having a particle size distribution of the following to be suitable for selective laser sintering: D10/D50/D90 = 29 micron/69 micron/99 micron (Example 2). This particle size distribution meets the properties suggested by Lucas.
JP ‘169 teaches that the solid particles can be used in selective laser sintering.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have prepared the solids particles of JP ‘169 to have the claimed particle size, particle size distribution and sphericity, as Lucas and KR ‘207 teach that these sizes are suitable for selective laser sintering, and JP ‘169 teaches that the modified particles can be used in selective laser sintering.
JP ‘169 in view of Lucas and Monsheimer is prima facie obvious over instant claims 1 and 10-11.
As to claims 2-3, Monsheimer teaches that a mixture of conventional polymer powders with the inventive powders is possible, and can product polymer powders with a different combination of surface properties (col. 5, ll. 59-63). Choosing modified polyamide in combination with non-modified polyamide is prima facie obvious.
As to claims 4-5, JP ‘169 teaches the possible inclusion of a surfactant as a modifier, which meets applicants’ emulsion stabilizer, and is transferred to the surface of the polymer particle.
As to claims 11-14, KR ‘135 exemplifies a polyamide functionalized with an azo dye, shown below, where the azo dye is first modified with a –(CH2)3-NH2 group, which meets applicants’ 6 carbon alkyl linker:
PNG
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946
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As to claim 15, Lucas teaches the particles as having the following size distribution, (D90-D10)/D50=0.85-1.5, which meets applicants’ diameter span.
As to claim 16, JP ‘188 teaches that the phalocyanine can be bonded to the polymer through a -COO- group.
Allowable Subject Matter
Claims 6-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11,787,937: patent of the parent application.
US 11,866,552: claims carbon black, which is an optical absorber, but it is not pendent from the backbone of the polyamide, as claimed.
US 11,866,581: claims an optical absorber that is in the backbone, but it is not pendent from the backbone of the polyamide, as claimed.
11,802,206: claims a pigment pendent from the polyamide backbone, where the pigment includes carbon black, which is an optical absorber, but the circularity and particle distribution are not claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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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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/Brieann R Johnston/Primary Examiner, Art Unit 1766
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