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 without traverse of claims 1-8 in the reply filed on October 31st, 2025, is acknowledged. Claims 9-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 31st, 2025.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
Claim 1, line 2, “modelling” should say “modeling” for claim language consistency.
Claim 6, line 11, “the second shell material” should say “the 3D printable second shell material” for claim language consistency.
Appropriate correction is required.
Claim 8 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only and cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claim has not been further treated on the merits.
Examiners note: As the limitations of claim 8 directly reference limitations from both claim 6 and claim 7, the claim cannot be considered as depending on claim 6 or depending on claim 7 for the purposes of compact prosecution.
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.
Claim 6 is 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 6 recites the limitation “3D printable material” in line 3. It is unclear if this limitation is referring to “3D printable material” from claim 1, line 5, or if this is a new limitation. Clarification is required. For the purposes of examination, this limitation will be treated as a new limitation. This interpretation is supported by specification page 4, lines 18-22.
Claim 6 recites the limitations of “a first time period” and “a second time period” in lines 13-14. It is unclear if these limitations are referring to “a first time period” and “a second time period” in claim 1, lines 16-17, or if these are new limitations. Clarification is required. For the purposes of examination, these limitations will be treated as new limitations. This interpretation is supported by specification page 21, lines 3-7.
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.
Claims 1, 3, 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hikmet et al. (US 20200009786 A1; hereafter Hikmet ‘786), in view of Mark et al. (US 20140291886 A1; hereafter Mark).
Regarding claim 1, Hikmet ‘786 discloses a method for producing a 3D item ([0039]; 3D printed item) by means of fused deposition modeling using a fused deposition modeling 3D printer ([0039]; forming 3D printed item using fused deposition modeling 3D printer) comprising a printer nozzle ([0039]; printer head comprising printer nozzle), wherein the 3D item comprises one or more layers of 3D printed material ([0056-0057]; FDM works by laying down 3D printable material in layers), the method comprising a 3D printing stage ([0013, 0015]; printing stage, wherein printing stage and finishing stage may be combined) comprising:
- providing 3D printable material ([0015]; providing 3D printable material as filament to printer head comprising the printer nozzle) to the printer nozzle, wherein:
- the 3D printable material comprises 3D printable core material ([0039]; core material) and 3D printable first shell material ([0039]; shell material);
- the 3D printable core material comprises a core thermoplastic material ([0024-0025]) having a core thermoplastic material melting temperature Tmc1 ([0039]; core melting temperature Tm1);
- the 3D printable first shell material comprises a first shell thermoplastic material ([0024-0025]) having a first shell thermoplastic material melting temperature Tms1 ([0039]; shell melting temperature Tm2); wherein Tmc1>Tms1 ([0039]; the shell melting temperature Tm2 is lower than the core melting temperature Tm1);
- the 3D printable first shell material has a 3D printable first shell material optical property ([0024-0025]; shell material is a thermoplastic, which necessarily have inherent optical properties), the 3D printable core material has a 3D printable core material optical property ([0024-0025]; core material is a thermoplastic, which necessarily have inherent optical properties) different from said 3D printable first shell material optical property ([0026]; core and shell material may comprise different thermoplastic materials, such that core and shell materials would necessarily have different inherent optical properties).
While Hikmet ‘786 discloses the 3D printable material may be heated during a finishing stage, which may occur during the printing stage ([0013]; the printing stage and finishing stage may in time be combined), to a temperature higher than the shell melting temperature and lower than the core melting temperature ([0021]) and temporarily the temperature may be over the core melting temperature ([0021]), Hikmet ‘786 does not explicitly disclose controlling a temperature Tdm of the 3D printable material in the printer nozzle according to a scheme wherein during a first time period tp1: Tmc1> Tdm>Tms1 applies and wherein during a second time period tp2: Tdm > Tmc1 applies.
However, Mark teaches a method of fused deposition modeling ([0004]) using a core-shell filament ([0004]; core reinforced filament comprises a core and a matrix material surrounding the core), wherein the core-shell filament is fed through an extrusion nozzle ([0142]; heated extrusion nozzle 10) and heated to a preselected extrusion temperature ([0142]). Mark further teaches the preselected extrusion temperature may be selected to effect any number of resulting properties including, but not limited to, viscosity of the extruded material, bonding of the extruded material to the underlying layers, and the resulting surface finish and further provides an example of the extrusion temperature being greater than the melting temperature of the polymer of the matrix, but less than the melting temperature of the core ([0142]).
Hikmet ‘786 and Mark are both considered to be analogous to the claimed invention because they are in the field of fused deposition modeling using core-shell filaments. From the disclosure of Hikmet ‘786 and the teachings of Mark, one of ordinary skill in the art can recognize that an extrusion nozzle temperature can be controlled and when printing the 3D item the extrusion nozzle temperature can be adjusted to effect properties of different portions of the 3D item. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Hikmet ‘786 with the teachings of Mark to provide controlling a temperature Tdm of the 3D printable material in the printer nozzle according to a scheme wherein during a first time period tp1: Tmc1> Tdm>Tms1 applies and wherein during a second time period tp2: Tdm > Tmc1 applies. Doing so would allow for the manufacture of a greater variety of 3D printed items with different properties for different portions, such as surface finish (Mark [0142]).
Regarding claim 3, modified Hikmet ‘786 discloses the method according to claim 1, wherein the 3D printable core material and 3D printable first shell material are selected from a group of low density polyethylene ([0019]), high density polyethylene ([0019]), polypropylene ([0019]), polyamide ([0019]), polybutylene terephthalate ([0024-0025]), and polyethylene terephthalate ([0019]).
Regarding claim 4, modified Hikmet ‘786 discloses the method according to claim 1, wherein Hikmet ‘786 further discloses during the first time period tp1 Tmc1>(Tdm + 10⁰C)>(Tms1 + 10⁰C) ([0021]; heating may be at least 10⁰C over shell melting temperature and at least 10⁰C below core melting temperature; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05) and wherein during the second time period tp2 Tdm >(Tmc1 + 10⁰C) apply ([0021]; temporarily the heating temperature may be over the core melting temperature; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05).
Regarding claim 7, modified Hikmet ‘786 discloses the method according to claim 1, wherein modified Hikmet ‘786 further discloses the method comprises producing a primary part of the one or more layers of 3D printed material during the first time period ([0021]; part of the 3D printed item formed when nozzle temperature is higher than the shell melting temperature and lower than the core melting temperature) and producing a secondary part of the one or more layers of 3D printed material during the second time period ([0021]; part of the 3D printed item formed when nozzle temperature is higher than the core melting temperature), wherein the 3D printed material produced during the first time period has a primary 3D printed material optical property, wherein the 3D printed material produced during the second time period has a secondary 3D printed material optical property, different from the primary 3D printed material optical property (as established in rejection of claim 1, printing at the different nozzle extrusion temperatures results in different properties, such as surface finish as per Mark).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hikmet et al. (US 20200009786 A1; hereafter Hikmet ‘786), in view of Mark et al. (US 20140291886 A1; hereafter Mark) as applied to claim 1, further in view of Hikmet et al. (US 20200114572 A1; hereafter Hikmet ‘572).
Regarding claim 2, modified Hikmet ‘786 discloses the method according to claim 1.
Modified Hikmet ‘786 does not explicitly disclose the 3D printable first shell material optical property and the 3D printable core material optical property are selected from a group of absorption of light having a first wavelength, diffuse reflection for light having the first wavelength, specular reflection for light having the first wavelength, transmission of light having the first wavelength, and conversion of light having the first wavelength.
However, Hikmet ‘572 teaches a method of fused deposition modeling ([0008]) using a core-shell filament ([0008]), wherein the core-shell filament comprises a core thermoplastic material ([0072-0073]) and a shell thermoplastic material ([0072-0073]) which differ in optical property ([0050]) and the optical property is selected form a group of absorption of light having a first wavelength ([0048]; absorption of port of light ray’s spectral composition), diffuse reflection for light having the first wavelength ([0049]; core and shell portions vary in diffuse reflectivity), specular reflection for light having the first wavelength ([0051]; core and shell portions differ in reflection characteristics), transmission of light having the first wavelength ([0048]; different transmissivity for core and shell portions), and conversion of light having the first wavelength ([0048]; core material results in conversion of light color).
Hikmet ‘786 and Hikmet ‘572 are both considered to be analogous to the claimed invention because they are in the field of fused deposition modeling using core-shell filaments. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Hikmet ‘786 with the teachings of Hikmet ‘572 to provide the 3D printable first shell material optical property and the 3D printable core material optical property are selected from a group of absorption of light having a first wavelength, diffuse reflection for light having the first wavelength, specular reflection for light having the first wavelength, transmission of light having the first wavelength, and conversion of light having the first wavelength. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Doing so would allow for the manufacture of optical components in a cost-effective manner with an aesthetically pleasing visual effect (Hikmet ‘572 [0005]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hikmet et al. (US 20200009786 A1; hereafter Hikmet ‘786), in view of Mark et al. (US 20140291886 A1; hereafter Mark) as applied to claim 1, further in view of Hikmet et al. (US 20200114572 A1; hereafter Hikmet ‘572) and evidenced by Clement (BE 1026781 A1; page and line numbers correspond to attached English machine translation).
Regarding claim 5, modified Hikmet ‘786 discloses the method according to claim 1.
Modified Hikmet ‘786 does not explicitly disclose the 3D printable core material has a first color, wherein the 3D printable first shell material has a second color, different from the first color; and wherein at least part of the 3D printed material has a tertiary color, wherein the tertiary color is a mix color of the first color and the second color.
However, Hikmet ‘572 further teaches the 3D printable core material has a first color and the 3D printable first shell material has a second color, different from the first color ([0051]; shell portions and core portions differ in color characteristics). As the color of the core and the shell are a result of a dye or pigment in the core and shell material ([0073]) and the color of the core and shell differ ([0051]), the melted core-shell filament deposited would result in mixing of the core and shell materials and their dyes or colorants to produce a tertiary color as evidenced by Clement (Pg. 4, Ln. 16-18). A patent need not teach, and preferably omits, what is well known in the art. See MPEP § 2164.01.
Hikmet ‘786 and Hikmet ‘572 are both considered to be analogous to the claimed invention because they are in the field of fused deposition modeling using core-shell filaments. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Hikmet ‘786 with the teachings of Hikmet ‘572 to provide the 3D printable core material has a first color, wherein the 3D printable first shell material has a second color, different from the first color; and wherein at least part of the 3D printed material has a tertiary color, wherein the tertiary color is a mix color of the first color and the second color. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Doing so would allow for the manufacture of optical components in a cost-effective manner with an aesthetically pleasing visual effect (Hikmet ‘572 [0005]).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
None of the references of the record nor any other prior art, taken alone or in combination, teach or fairly suggest the cumulative limitations of claim 6.
Regarding claim 6, Hikmet ‘786 discloses a method for producing a 3D item ([0039]; 3D printed item) by means of fused deposition modeling using a fused deposition modeling 3D printer ([0039]; forming 3D printed item using fused deposition modeling 3D printer) comprising a printer nozzle ([0039]; printer head comprising printer nozzle), wherein the 3D item comprises one or more layers of 3D printed material ([0056-0057]; FDM works by laying down 3D printable material in layers), the method comprising a 3D printing stage ([0013, 0015]; printing stage, wherein printing stage and finishing stage may be combined) comprising:
- providing 3D printable material ([0015]; providing 3D printable material as filament to printer head comprising the printer nozzle) to the printer nozzle, wherein:
- the 3D printable material comprises 3D printable core material ([0039]; core material) and 3D printable first shell material ([0039]; shell material);
- the 3D printable core material comprises a core thermoplastic material ([0024-0025]) having a core thermoplastic material melting temperature Tmc1 ([0039]; core melting temperature Tm1);
- the 3D printable first shell material comprises a first shell thermoplastic material ([0024-0025]) having a first shell thermoplastic material melting temperature Tms1 ([0039]; shell melting temperature Tm2); wherein Tmc1>Tms1 ([0039]; the shell melting temperature Tm2 is lower than the core melting temperature Tm1);
- the 3D printable first shell material has a 3D printable first shell material optical property ([0024-0025]; shell material is a thermoplastic, which necessarily have inherent optical properties), the 3D printable core material has a 3D printable core material optical property ([0024-0025]; core material is a thermoplastic, which necessarily have inherent optical properties) different from said 3D printable first shell material optical property ([0026]; core and shell material may comprise different thermoplastic materials, such that core and shell materials would necessarily have different inherent optical properties).
Mark teaches a method of fused deposition modeling ([0004]) using a core-shell filament ([0004]; core reinforced filament comprises a core and a matrix material surrounding the core), wherein the core-shell filament is fed through an extrusion nozzle ([0142]; heated extrusion nozzle 10) and heated to a preselected extrusion temperature ([0142]). Mark further teaches the preselected extrusion temperature may be selected to effect any number of resulting properties including, but not limited to, viscosity of the extruded material, bonding of the extruded material to the underlying layers, and the resulting surface finish and further provides an example of the extrusion temperature being greater than the melting temperature of the polymer of the matrix, but less than the melting temperature of the core ([0142]). Mark also teaches the core-shell filament may be further coated with a thermoplastic material, which may the same material or a different material as the shell material ([0281]).
However, none of the references of the record nor any other prior art either alone or in combination, Inter Alia, teach or fairly suggest the 3D printable second shell material comprises a second shell thermoplastic material having a second shell thermoplastic material melting temperature Tms2; wherein Tmc1>Tms2>Tms1 and a second time period tp2: Tmc1> Tdm > Tms2 applies. Therefore, claim 6 is deemed allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vipul Malik whose telephone number is (571)272-0976. The examiner can normally be reached M-F.
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/V.M./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754