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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 7-10 and 16-24 in the reply filed on 08/05/2026 is acknowledged. The traversal is on the ground(s) that the subject application is a continuation application under 35 USC 111(a), and therefore the restriction should be made on the basis of “independent and distinct” restriction analysis, rather than unity of invention. This is not found persuasive because the instant application claims the priority date of PCT/US2018/051947 (i.e., is a 371 application), therefore unity of invention is the proper basis for a restriction requirement.
Further, even if “independent and distinct” restriction analysis were proper for the instant application, the groups would belong to different classifications (B33Y70/10 for Group I, versus B22F10/14 and B22F10/16 for Group II), and a different field of search in view of the different classes for each group, and would require different search queries in view of the different statutory categories (a product versus a method) and the divergent limitations between the Groups (Group II for example requires the 3D printing use metal powder, while Group I has no discussion of metal powder).
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 08/05/2026.
Claim Interpretation
Regarding claim 1, the phrase “binder fluid” is herein interpreted as “fluid that includes water and curable polyurethane adhesion promoter and/or acrylic-based polymer particles that are effective for binding layers of particulate build material when forming a 3D intermediate part” as defined at [0104] of the instant specification.
Regarding claim 1, the phrase “adhesion promoter fluid” is herein interpreted as “a fluid that includes water and curable polyurethane agent adhesion promoter” as defined at [0104] of the instant specification.
Regarding claim 1, the phrase “(meth)acrylate" or "(meth)acrylic acid” is herein interpreted as “monomers, copolymerized monomers, etc., that can either be acrylate or methacrylate (or a combination of both), or acrylic acid or methacrylic acid (or a combination of both).” as defined at [0086] of the instant specification.
Regarding claim 1, the phrase “kit” is herein interpreted as “synonymous with and understood to include a plurality of compositions comprising one or more components where the different compositions can be separately contained in one or more containers prior to and/or during use, e.g., building a green 3D object for subsequent fusing.” as defined at [0119] of the instant specification.
Regarding claim 9, the phrase “polyol” is herein interpreted as “product having an average of about 2 or more hydroxyl groups per molecule.” as defined at [0044] of the instant specification.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7-10 and 16-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20180179325 A1).
Regarding claim 7, Chen teaches a polyurethane-based binder dispersion (i.e., a binder fluid) including water (Abstract, [0010]), and a pigment [0029], wherein the pigment contains a dispersant in range from 0.1 to 5 wt% based on the total weight of the inkjet ink (i.e., based on the total weight of the binder fluid) [0029] and the pigment may be a styrene-acyclic polymer dispersant containing acidic monomers such as acrylic and methacrylic acid (i.e., acrylic-based polymer particles) [0031-0032].
Chen teaches acrylic-based polymer particles in an amount ranging from 0.1 to 5 wt%. This overlaps the claimed range of about 1 wt% to about 40 wt%. The overlap between the ranges taught in the prior art and recited in the claims creates a prima facie case of obviousness because the prior art indicates substantial utility over the entire range disclosed therein, including that portion of the range which also falls within the claimed range. See MPEP § 2144.05(I).
Chen teaches the dispersion includes a radiation curable polyurethane binder polyurethane adhesion promoter and water (i.e., an adhesion promoter fluid including water and a curable polyurethane adhesion promoter) [0010, 0034], with the polyurethane adhesion promoter in an amount from 1 to 20 wt% based on the total weight of the ink (i.e., based on the total weight of the binder fluid) [0034], which is within the claimed range.
Chen teaches the curable polyurethane adhesion promoter formed from being a reaction product of (a) polyisocyanate [0036], (c) an acrylate or methacrylate, the acrylate or methacrylate having at least one hydroxyl functional group and having an acrylate functional group or a methacrylate functional group [0036], (d) a carboxylic acid including one or two hydroxyl functional groups [0036], an amount of the carboxylic acid ranging from 0 wt% to about 10 wt% [0061], and (f) a sultanate or sulfonic acid one or two amino functional groups [0036] and a hydroxyl functional group [0070]. As Chen teaches the binder dispersion and colorant, water, co-solvents, surfactants, anti-kogation agents, photoinitiators, and other components may be provided as separate materials before combining (i.e., a plurality of compositions comprising one or more components where the different compositions would presumably be able to be separately contained) [0011, 0034], thus Chen teaches a multi-fluid kit as defined in the instant application.
The Examiner notes that claim 7 discloses the multi-fluid kit is for three-dimensional printing. This phrase presents no further limitations regarding the multi-fluid kit itself, and is therefore a statement of intended use, and as such is of no significance to claim construction. See MPEP § 2111.02 (II).
Regarding claim 8, Chen teaches wherein the pigment including a styrene-acyclic polymer dispersant (analogous to acrylic-based polymer particles) containing acidic monomers such as acrylic acid and methacrylic acid [0030-0032], which is substantially identical to the acrylic-based polymers disclosed in the instant specification [0083-0086], rendering obvious a polymer having a glass transition temperature higher than 60 °C as claimed. Chen teaches wherein the acrylic-based polymer particles have an average particle size of 50-200 nm [0029], which is within the claimed range.
Regarding claim 9, Chen teaches wherein the curable polyurethane adhesion promoter is a reaction product of components (a), (b), (c), (d) as noted above, and a polyol having two or more hydroxyl functional groups and a number average molecular weight ranging from about 500 g/mol to about 5,000 g/mol (Abstract, [0005, 0041]), which is within the claimed range. Chen teaches the adhesion promoter may also comprise a homopolymer or copolymer of poly(ethylene glycol) having one or two hydroxyl functional groups or one or two amino functional groups [0036], with a number average molecular weight ranging from about 500 g/mol to about 5,000 g/mol, such as from about 500 to about 3,000 g/mol [0063], and a water solubility greater than 30% v/v [0063].
Regarding claim 10, Chen teaches wherein the sulfonate or sulfonic acid [0036] is selected from the group consisting of taurine, 4-Aminotoluene-3-sulfonic acid, Aniline-2-sulfonic acid, Sulfanilic acid, 4-Amino-1-naphthalenesulfonic acid, 3-Amino-4-hydroxybenzenesulfonic acid, 2-Amino-1-naphthalenesulfonic acid, 5-Amino-2-methoxybenzenesulfonic acid, 2-(Cyclohexylamino)ethanesulfonic acid, 3-Amino-1-propanesulfonic acid, N,N-Bis(2-hydroxyethyl)taurine, and 4-(2-hydroxyethyl)piperazine-1-ethanesulfonic acid [0069].
Regarding claim 16, Chen teaches wherein the component (a) is selected from the group consisting of hexamethylene-1,6-diisocyanate and isophoronediisocyanate [0036, 0045].
Regarding claim 17, Chen teaches wherein the component (c) (component (b) in the instant claims) [0036] is selected from the group consisting of bisphenol A glycerolate diacrylate [0058], 3-(acryloxy)-2-hydroxypropyl methacrylate [0060], hydroxybutylacrylate [0060], and pentaerythritol triacrylate [0060].
Regarding claim 18, Chen teaches wherein a sulfonate or sulfonic acid having one or two amino functional groups (i.e., component (d)) is taurine [0069].
Regarding claim 19, Chen teaches wherein a sulfonate or sulfonic acid having one or two amino functional groups (i.e., component (d)) is present in an amount ranging from greater than 2 wt% to about 20 wt%, such as about 5 wt% to about 20 wt% based on the total wt% of the radiation curable polyurethane (i.e., based upon the total weight of the curable polyurethane adhesion promoter) [0068].
Regarding claim 20, Chen teaches wherein a carboxylic acid-containing ionic acid including at least two hydroxyl functional groups at one end of the chain and no hydroxyl functional groups at the opposed end of the chain (i.e., component (c)) is only included in some instances [0036], thus for instances where it is not included, the amount of component (c) is 0 wt%. Chen teaches wherein component (d) is taurine [0069].
Regarding claim 21, Chen teaches wherein the taurine [0069] is present in an amount ranging from about 5 to about 20 wt% of the radiation curable polyurethane (i.e., of the curable polyurethane adhesion promoter) [0068].
Chen teaches wherein taurine is present in an amount of about 5 to about 20 wt% of the curable polyurethane adhesion promoter. This overlaps the claimed range of about 10 to about 20 wt%. The overlap between the ranges taught in the prior art and recited in the claims creates a prima facie case of obviousness because the prior art indicates substantial utility over the entire range disclosed therein, including that portion of the range which also falls within the claimed range.
Regarding claim 22, Chen teaches wherein the amount of carboxylic acid-containing ionic acid including at least two hydroxyl functional groups or amino functional groups (i.e., component (c)); in some instances may be greater than 0 wt % to about 10 wt % based upon the total wt % of the polyurethane [0036, 0061], which is within the claimed range. Chen teaches wherein the component (c) is selected from the group consisting of 2-(meth)acryloyl propionic acid (i.e., 2,2-bis(hydroxymethyl)propionic acid) and alanine [0062].
Regarding claim 23, Chen teaches that the radiation curable polyurethane binder and pigment components may be placed in an ink vehicle to form an ink [0011, 0019]. It is reasonably understood and obvious to one of ordinary skill in the art that the binder and the acrylic-containing pigment (i.e., the adhesion promoter fluid) are provided as separate component materials prior to combining the materials in forming the ink, Chen teaching wherein the adhesion promoter fluid is separate from the binder fluid.
Regarding claim 24, Chen teaches wherein the binder fluid and colorant are separate compositions [0011], therefore the binder fluid itself is devoid of a colorant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nikolas T Pullen whose telephone number is (571)272-1995. The examiner can normally be reached Monday - Thursday: 10:00 AM - 6:00 PM EST.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/NIKOLAS TAKUYA PULLEN/Examiner, Art Unit 1733
