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 of Invention I (Claims 21 – 30) in the reply filed on (4 – 23 – 2026) is acknowledged. 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)). Consequently, Inventions II – IV (Claim(s) 31 – 40) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Election was made without traverse in the same reply filed on (4 – 23 – 2026).
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 29 – 30 is/ are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Currently both claim(s) 29 – 30 are found to depend on claim 1 which has been canceled. For the purpose of examination, it will be understood that they depended on claim 21. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 101
Claim Rejections – 35 USC § 101 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims(s) 1-20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recites various limitations including “receive a thermoset printing data packet that comprises an indication of a desired final material property of a surface of a target object to be printed” and “receive an indication of one or more thermoset materials that are available to the thermoset three-dimensional printer” and “access a material attribute dataset” and “based upon the material attribute dataset, determine a particular mixture configuration or printing configuration for the one or more thermoset materials in order to achieve the desired final material property of the surface” and “generate a command to cause the thermoset three-dimensional printer to implement the particular mixture configuration or printing configuration of the one or more thermoset materials when printing the surface” That is, other than potentially reciting “one or more processors” (see claim 21) nothing in the claim element precludes the step from practically being performed in the mind but for the recitation of generic computer components. For example, but for the “one or more processors” language, “receive,” “access,” “determine” and “generate a command” in the context of this claim encompasses the user manually calculating the amount of use of each icon. Similarly, the limitation of ranking the icons based on the determined amount of use, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, but for the “one or more processors” and “, “receive” , “access” , “determine” and “generate a command” in the context of this claim encompasses the user thinking that assembling module comprising one assembly mold and at least one combination mold. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using “one or more processors” to perform “receive” , “access” , “determine” and “generate a command” steps. The “one or more processors “ in the steps is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of ranking information based on a determined amount of use) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using an “one or more processors” to perform the “receive” , “access” , “determine” and “generate a command” steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
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.
A.) Claim(s) 21 – 30, is/are rejected under 35 U.S.C. 103 as being unpatentable over Busbee et al. (US 20190039310 A1, hereinafter Busbee)
A computer system for dynamically controlling a thermoset three-dimensional printer to create desired material attributes, comprising:
one or more processors; and
one or more computer-readable media having stored thereon executable instructions that when executed by the one or more processors configure the computer system to perform at least the following:
receive a thermoset printing data packet that comprises an indication of a desired final material property of a surface of a target object to be printed;
receive an indication of one or more thermoset materials that are available to the thermoset three-dimensional printer;
access a material attribute dataset,
wherein the material attribute dataset describes different material properties that result based upon different mixture configurations or printing configurations;
based upon the material attribute dataset, determine a particular mixture configuration or printing configuration for the one or more thermoset materials in order to achieve the desired final material property of the surface; and
generate a command to cause the thermoset three-dimensional printer to implement the particular mixture configuration or printing configuration of the one or more thermoset materials when printing the surface.
Busbee teaches the following:
([0049]) teaches that a foam may be prepared by mixing materials within a nozzle, such as a microfluidic printing nozzle, which may be used to direct the resulting product onto a substrate. The nozzle may be controlled, for example, using a computer or other controller, in order to control the deposition of material onto the substrate. In some cases, gases or other materials may be incorporated into the material within the nozzle, e.g., to form a foam. Namely, the computer and / or controller may act as applicant’s one or more processorsIn summary, a computer or controller / one or more processors is understood to be disclosed.
([0145]) teaches that The computer program may comprise a set of instructions that may be executed by a computer system comprising a processor (e.g., a hardware processor or a virtual processor) and a memory (e.g., a non-transitory computer readable medium). For example, the computer program may comprise a set of instructions stored in a non-transitory computer readable medium that programs at least one processor coupled to the non-transitory computer readable medium. It should be appreciated that the computer system may be communicatively coupled to a 3D printer and/or integrated with the 3D printer. Namely, the computer system comprising a processor utilizes a transitory computer readable medium to implement a set of instructions. In summary, one or more computer-readable media having stored thereon executable instructions that when executed by the one or more processors configure the computer system to perform a set of instructions is understood to be disclosed.
([0147]) teaches that the object information may comprise a print path comprising a plurality of points and metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point (e.g., color, average stiffness, average Shore A hardness, average pore size, average density, etc.). In summary, receive a thermoset printing data packet that comprises an indication of a desired final material property of a surface of a target object to be printed is understood to be disclosed.
([0146]) teaches that In some embodiments, the computer program may comprise a plurality of instructions that program at least one processor to perform a method 1000 in FIG. 18. As shown, the method 1000 comprises an act 1002 of receiving object information, an act 1004 of identifying target material to be printed, an act 1006 of identifying input materials to form the target material, an act 1008 of identifying printer settings to print the target material, and an act 1012 of generating print instructions. ([0149]) specifies that in act 1006, the system may identify input material(s) to create the target material. For example, the 3D printer may print the target material in the object by mixing a first material with a second material. In this example, the system may identify the first and second materials. The system may identify this information by, for example, retrieving information stored in a memory of the computer system regarding the input materials required to create the target material in the object. Namely, the controller system receive an indication of one or more materials that are available to the three-dimensional printer. With ([0158]) noting that a material is formed via mixing of two, three, or more fluids to form a precursor, which is 3D-printed onto a substrate and allowed to solidify to form a foam or other product, such as a thermoplastic, an elastomer, a rigid thermoset, or the like. Namely, a thermoset material may be implemented as 3D-printed material. In summary, the processor / controller receives an indication of one or more thermoset materials that are available to the thermoset three-dimensional printer is understood to be disclosed.
([0045]) teaches a non-limiting flow of calculations comprises evaluating the required material input ratios to achieve target material properties. ([0148]) specifies that 1004, the system may identify a target material to be printed based on the object information. For example, the object information may comprise information regarding the target material (e.g., in metadata) and the system may directly identify the target material from the received object information. ([0147]) adding that he object information may comprise a print path comprising a plurality of points and metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point (e.g., color, average stiffness, average Shore A hardness, average pore size, average density, etc.). ([0268]) adding that the lookup tables and the blend equivalent weight information may be stored data in the system, then an algorithm may use that information to calculate the ratios required to hit the target propertiesNamely, the control system is provided with metadata regarding desired properties / attributes of the article to be fabricated, going on to identify the target material from the received object information, i.e., identify the target material that provides the desired properties / attributes of the article to be fabricated. In summary, the control system accesses a material attribute dataset with desired properties and appropriate ratio for mixing to achieve said desired properties is understood to be disclosed.
([0075]) teaches that the method may involve flowing the at least two materials into the mixing chamber through at least three discrete material inlets. In such embodiments, there may be at least three materials flowed into the mixing chamber. In some embodiments, the method may involve flowing the at least two materials into the mixing chamber through at least four discrete material inlets. In such embodiments, there may be at least three or four or more materials flowed into the mixing chamber. In some embodiments, a ratio (e.g., a volume ratio, a weight ratio) between the 2, 3, 4, or more materials may be changed with time. ([0267]) teaches that the software may define the target material stiffness and target material viscosity and target extrusion cross sectional area for a particular printed region. A composite equivalent weight of polyol blend may be chosen to approximate the target stiffness. ([0268]) adding that the lookup tables and the blend equivalent weight information may be stored data in the system, then an algorithm may use that information to calculate the ratios required to hit the target properties. Namely, the material attribute dataset describes different material properties that result based upon different mixture configurations or printing configurations. In summary, the material attribute dataset / look up tables describing different material properties that result based upon different mixture configurations or printing configurations is understood to be disclosed.
([0146]) teaches an act 1008 of identifying printer settings to print the target material, and an act 1012 of generating print instructions. ([0150]) adding he system identifies one or more printer settings for printing the target material using the identified input materials. In some embodiments, the system may identify one or more printer settings required to print the target material at a plurality of discrete points in the object. Namely, the control system provides for determining a printing configuration for the one or more thermoset materials in order to achieve the desired final material property of the surface.([0268]) teaches that the lookup tables and the blend equivalent weight information may be stored data in the system, then an algorithm may use that information to calculate the ratios required to hit the target properties. Namely, the control system is understood to determine the desired material mixing ratios required to hit the target properties. In summary, based upon the material attribute dataset / look up tables, the control system determines a particular mixing ratio and / or printing configuration for the one or more thermoset materials in order to achieve the desired final material property of the surface is understood to be disclosed.
(Abstract) teaches that print head and/or the substrate may be configured to be translated and/or rotated, for example, using a computer or other controller, in order to control the deposition of material onto the substrate. ([0146]) teaches an act 1008 of identifying printer settings to print the target material, and an act 1012 of generating print instructions. ([0149]) teaches that the control the system may identify that the mixing ratio of two materials needs to be 40/60 at a first point in a gradient structure and a 50/50 ratio at a second point in the gradient structure. In this example, the system may fit a linear curve between the first and second points to create a smooth ramp between a 40/60 ratio and a 50/50 ratio. Thereby, the system may create a set of printer settings to employ along the print path as the print head moves from the first point to the second point. Namely, the control system generates print instructions that provide and implement the appropriate mixture configuration or printing configuration of the one or more thermoset materials when printing the surface. In summary, the control system generating a command to cause the thermoset three-dimensional printer to implement the particular mixture configuration or printing configuration of the one or more thermoset materials when printing the surface is understood to be disclosed.
Regarding claim 22 as applied to claim 21,
Wherein the particular mixture configuration comprises a specific ratio of the one or more thermoset materials.
Busbee teaches the following:
([0051]) teaches that in some embodiments, the method comprises calculating the ratios of at least two material inputs to a microfluidic printing nozzle required to achieve the target material characteristics in each location, receiving object information comprising target material characteristics at each location of a machine tool path that will be used to create an article, calculating the ratios of at least 2 inputs to a microfluidic printing nozzle required to achieve the target material characteristics in each location. Namely, the control system determines a mixing configuration of the various constituents that comprises a specific ratio of the one or more thermoset materials. In summary, the control system determines particular mixture configuration comprising the specific ratio of the one or more thermoset materials.
Regarding claim 23 as applied to claim 21,
Wherein the particular mixture configuration comprises a specific temperature of the one or more thermoset materials at a time during the printing of the surface.
Busbee teaches the following:
([0067]) teaches that in some embodiments, the microfluidic printing nozzle contains at least one of a heat source and/or a temperature measuring device, in communication with the controller. ([0097]) adds that the material within the nozzle may be subjected to heating or cooling. This may, for example, be used to control mixing and/or reaction within the material, to keep the temperature at substantially the temperature of the surrounding environment (e.g., at room temperature), to prevent the surrounding environmental conditions and/or the heat generated by friction of the impeller and exotherm of the material curing from affecting the reaction or the printing parameters, or the like. ([0183]) goes on to state that the nozzle and/or the mixing chamber may be heated or cooled. In some cases, the temperature of mixing may be controlled, for instance, to allow for uniform mixing, to facilitate reaction of fluids therein (e.g., to an optimum or desired temperature), to remove excess heat (e.g., contributed by a chemical reaction, the spinning of an impeller, etc.), or the like. Namely, the control system is understood to regulate the temperature of the nozzle and/or mixing chamber used for printing the particular mixture. In summary, the control system provides for a particular mixture configuration to include a specific temperature of the one or more thermoset materials at a time during the printing of the surface.
Regarding claim 24 as applied to claim 21,
Wherein the desired final material property comprises a tensile property.
Busbee teaches the following:
([0055]) teaches that in some embodiments, the change in the volumetric flow ratios between the at least two materials changes at least one property of the deposited mixture. ([0055]) going on to state that in some embodiments, the at least one property that has changed is selected from the group consisting of tensile elastic modulus, tensile strength, tensile 100% modulus, hardness, viscosity, dynamic yield stress, static yield stress, density, particle concentration, color, opacity, and surface roughness, or a combination thereof. ([0147]) adds that the object information may comprise a print path comprising a plurality of points and metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point (e.g., color, average stiffness, average Shore A hardness, average pore size, average density, etc.). Namely, the object information may comprise metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point including stiffness, amongst other and this is achieved by tailoring the mixing ratio of materials. In summary, the desired final material property comprises a tensile property.
Regarding claim 25 as applied to claim 21,
Wherein the desired final material property comprises a hardness property.
Busbee teaches the following:
([0055]) teaches that in some embodiments, the change in the volumetric flow ratios between the at least two materials changes at least one property of the deposited mixture. ([0055]) going on to state that in some embodiments, the at least one property that has changed is selected from the group consisting of tensile elastic modulus, tensile strength, tensile 100% modulus, hardness, viscosity, dynamic yield stress, static yield stress, density, particle concentration, color, opacity, and surface roughness, or a combination thereof. ([0147]) adds that the object information may comprise a print path comprising a plurality of points and metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point (e.g., color, average stiffness, average Shore A hardness, average pore size, average density, etc.). Namely, the object information may comprise metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point including shore hardness, amongst other and this is achieved by tailoring the mixing ratio of materials. In summary, the desired final material property comprises a hardness property.
Regarding claim 26 as applied to claim 21,
Wherein the desired final material property comprises at least one of an abrasion resistance property, density, thermal expansion, thermal conductivity, chemical resistance, glass transition temperature (Tg), extension at break, surface energy, or electrical conductivity.
Busbee teaches the following:
([0055]) teaches that in some embodiments, the change in the volumetric flow ratios between the at least two materials changes at least one property of the deposited mixture. ([0055]) going on to state that in some embodiments, the at least one property that has changed is selected from the group consisting of tensile elastic modulus, tensile strength, tensile 100% modulus, hardness, viscosity, dynamic yield stress, static yield stress, density, particle concentration, color, opacity, and surface roughness, or a combination thereof. ([0147]) adds that the object information may comprise a print path comprising a plurality of points and metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point (e.g., color, average stiffness, average Shore A hardness, average pore size, average density, etc.). Namely, the object information may comprise metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point including density, amongst other and this is achieved by tailoring the mixing ratio of materials. In summary, the desired final material property comprises at least one of an abrasion resistance property, density, thermal expansion, thermal conductivity, chemical resistance, glass transition temperature (Tg), extension at break, surface energy, or electrical conductivity, in particular density.
Regarding claim 27 as applied to claim 21,
Wherein the surface of a target object comprises an internal surface of the target object.
Busbee teaches the following:
([0143]) teaches that As discussed herein, a 3D printer may be provided that is capable of printing a material (e.g., a polymeric material, a composite) that is formed by combing two or more other materials (e.g., a polymer and particles e.g. reinforcing particles, a polymer and a filler) to create a 3D object, such as an article of a shoe. Additionally (or alternatively), such 3D objects may comprise a gradient structure with at least one non-uniform property. Specifically, an article of a shoe having a gradient across is understood to comprise the surface of a target object with an internal surface of the target object. Additionally, ([0259]) teaches that for example, the external part of the pill could be 3D-printed to contain a first therapeutic agent, and the material printed has a fast degradation profile for a quick release of the first therapeutic agent. Then the internal part of the pill may be printed with a material that degrades slowly and may contain two different types of therapeutic agents. Namely, the tailored properties of the surface of a target object comprises an internal surface of the target object. In summary, the surface of a target object comprises an internal surface of the target object.
Regarding claim 28 as applied to claim 21,
Wherein:
the desired final material property of the surface of a target object to be printed comprises a predetermined roughness this includes the use variable z heights or xyz printing coordinates that may be different than expected bead dimensions at a given extrusion configuration such as a lower z height to induce purposeful nozzle dragging through unset/not gelled material.
Busbee teaches the following:
([0055]) teaches that in some embodiments, the change in the volumetric flow ratios between the at least two materials changes at least one property of the deposited mixture. ([0055]) going on to state that in some embodiments, the at least one property that has changed is selected from the group consisting of tensile elastic modulus, tensile strength, tensile 100% modulus, hardness, viscosity, dynamic yield stress, static yield stress, density, particle concentration, color, opacity, and surface roughness, or a combination thereof. ([0144]) notes that a computer program may be configured to receive object information, such as a design file for a 3D object (e.g., from a computer-aided design (CAD) program) and/or a print path for printing a 3D object (e.g., from a slicer application) with information indicative of target material properties at various points along the print path, and output print instructions that may be provided to a 3D printer to accurately create the 3D object. ([0147]) adds that the object information may comprise a print path comprising a plurality of points and metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point (e.g., color, average stiffness, average Shore A hardness, average pore size, average density, etc.). Namely, the object information may comprise metadata associated with one or more (or all of) the plurality of points indicative of a desired material property at the point including density, amongst other and this is achieved by tailoring the mixing ratio of materials. In summary, the desired final material property comprises a tensile property
Regarding claim 29 as applied to claim 1,
Wherein:
the particular mixture configuration for the one or more thermoset materials comprises at least one of polyurea, polyurethane, Michael addition, polysulfide, polythioether, Epoxy-Amine, Aza Michael Addition, or thiolene
Busbee teaches the following:
([0126]) teaches that for example, the print head may be configured to mix a polyol and an isocyanate to form a reactive polyurethane mixture. Other examples of suitable reactive mixtures include reactive polyurea mixtures, reactive mixtures comprising reactive polyurethane and reactive polyurea blends, reactive mixtures comprising epoxy groups and amine groups, and reactive silicone mixtures
Regarding claim 30 as applied to claim 1,
Wherein:
the particular mixture configuration for the one or more thermoset materials comprises a static mixing nozzle or a dynamic mixing nozzle.
Busbee teaches the following:
([0235]) teaches that he print head can have a printing nozzle, which can have a mixing chamber, an impeller disposed in the mixing chamber, and two or more material inlets in fluid communication with the mixing chamber (see, e.g., FIG. 20). As illustrated in (Fig. 20), a dynamic mixing nozzle that implements an impeller within the printing nozzle for mixing two or more materials being feed from the material inlets is shown. In summary, the particular mixture configuration for the one or more thermoset materials comprises a dynamic mixing nozzle with an impeller.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matzner et al. (US 20180029291 A1) – teaches in the (Abstract) Provided are methods of fabricating an object, effected by jetting two or more different compositions, each containing a different material or mixture of materials, which, when contacted on a receiving medium, undergo a chemical reaction therebetween to form the building material.
Busbee et al. (US 20210039306 A1) – teaches in the (Abstract) The present invention generally relates to the printing of materials, using 3-dimensional printing and other printing techniques, including the use of one or more mixing nozzles, and/or multi-axis control over the translation and/or rotation of the print head or the substrate onto which materials are printed.
Kutchko et al. (US 20220097299 A1) – teaches in the (Abstract) Sealing components having complex shapes and smooth surfaces may be fabricated using corrective three-dimensional printing. More specifically the invention relates to chemically resistant sealing components and methods of making said sealing components using three-dimensional printing, and that may be used in vehicle applications.
Miller et al. (US 20190009574 A1) – teaches in the (Abstract) This application discloses methods of printing a three-dimensional object on a base using a printing device. One method includes printing a color layer of the three-dimensional object onto a region of the base
Folkins et al. (US 20180162063 A1) – teaches in the (Abstract) A method of manufacturing a three-dimensional object comprises: selecting a first ejector in a plurality of ejectors of a three-dimensional object printer with reference to a hardness identifier, the first ejector configured to eject a first material; selecting a second ejector in the plurality of ejectors with reference to a color identifier, the second ejector configured to eject a second material having a hardness that is different than a hardness of the first material.
Williams et al. (US 20190134897 A1) – teaches in the (Abstract) In an example implementation, a method of providing build powder for additive manufacturing of a three-dimensional (3D) object includes blending input powders into a blended powder for producing a 3D object.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrés E. Behrens Jr. whose telephone number is (571)-272-9096. The examiner can normally be reached on Monday - Friday 7:30 AM-5:30 PM.
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/Andrés E. Behrens Jr./Examiner, Art Unit 1741
/JaMel M Nelson/Primary Examiner, Art Unit 1743
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