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 .
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 1-19 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.
In claims 1 and 12, it is not clear whether the limitations which follow “wherein in a case” are requirements or if they are options which can occur but are not required. The scope of the claim is not clear. Additionally, it is not clear what is meant by “light” in claim 1. Does this refer to laser light or any type of light such as day light or sun light or electrical lights?
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davy et al, U.S. Patent No. 3,268,352.
Davy discloses a mixture of silicon monoxide powder and aluminum oxide powder. See col. 2, lines 36-41. The limitations following “wherein in a case” are treated as optional and/or as properties of the mixture of particles and would necessarily be present. Further, any material would be heated at least somewhat when exposed to light.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito et al, WO 2020129958, (equivalent to U.S. Patent Application Publication No. 2021/0292240).
Saito discloses incorporating an absorber such as SiO into a powder mixture for additive manufacturing. See paragraphs 0007 and 0044. The absorber has a higher light-absorbing ability than the other components in the powder mixture. See paragraph 0008. The other materials in the powder can include Al2O3 and ZrO2. The absorber particle is preferably smaller than the other particles. See paragraph 0024. The absorber should have a size of 10 microns or less and should be one third or less the size of the other particles. See paragraph 0025. Suitable additional components of the powder other than the absorber include aluminum oxide, zirconium oxide, cordierite, zircon, mullite, yttrium oxide and aluminum titanate. See paragraph 0080. The powder mixture can be subjected to irradiation by a laser light. See paragraph 0086. The powder sinter, or melts and solidifies the inorganic material powder. See paragraph 0087. The laser can be a Nd:YAG laser or a Yb fiber laser. See paragraph 0091. Laser shaping is performed incrementally with high accuracy. See paragraph 0037-0038. The irradiation is performed region by region which is equated with applying the laser according to slice data. See paragraphs 0041-0042. The absorber powder is present in amounts of 0.5 vol.% or more and 10 vol.% or less. See claim 7. The structures formed would necessarily include alumina, silica and silicon monoxide since the starting materials can include aluminum oxide and mullite as well as silicon monoxide. As set forth above, the scope of the claim is not clear and the limitations which follow “wherein in a case” are properties or options, not product or process limitations. However, if the limitations are considered product or process limitations, it would have been obvious to one of ordinary skill in the art to have selected the proportions of the inorganic particles and the absorber particle which produced a structure having the desired properties and composition from among the particles disclosed in Saito.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yasui, WO 2019013334, (equivalent to U.S. Patent Application No. 2020/0140340 which is relied on for citations) Yasui discloses a powder for laser shaping which includes inorganic particles and absorber particles, but fails to disclose SiO as the absorber particle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789