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 1-11 in the reply filed on 12/18/2025 is acknowledged.
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.
Claims 1, 3, 4, 6, 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Duoss et al (US 20180186121) in view of Coccia et al (US 20210068475).
Duoss is directed to a three dimensionally patterned energy absorptive material and method of fabrication (Title). Duoss is directed to a three-dimensionally patterned energy absorptive material and fabrication method having multiple layers of patterned filaments extrusion-formed from a curable pre-cursor material and stacked and cured in a three-dimensionally patterned architecture so that the energy absorptive material produced thereby has an engineered bulk property associated with the three-dimensionally patterned architecture (ABST), [0005].
Duoss teaches method of fabricating a three-dimensionally patterned energy absorptive material wherein the filaments are arranged so that the three-dimensionally patterned architecture comprises at least one of open-cells and closed cells between filaments; The open cells are equated with voids and closed cells are equated with solids. The multiple layers are equated with a multi-plane structure with a plurality of overlapping layers.
The filaments are patterned so that the desired bulk property of the energy absorptive material is uniform in at least one direction;
The filaments are patterned so that the desired bulk property of the energy absorptive material is different for different regions of the energy absorptive material;
The filaments are patterned so that the desired bulk property of the energy absorptive material is graded across the different regions of the energy absorptive material along at least one direction;
The filaments of a layer are transversely patterned relative to filaments of an adjacent layer; the substrate surface is non-planar so that the energy absorptive material formed thereon also has a non-planar surface contour; and the substrate surface is contoured substantially similar to a 3D object against which energy is to be absorbed by the energy absorptive material so that the energy absorptive material formed on the substrate substantially conforms to said object.
Duoss shows the layered structure as shown in Fig. 2 and Fig. 4 which shows overlapping layers and is multi-plane structure and meets the limitation wherein the plan view conformation of each of said layers is made according to at least one open and/or closed pattern and that the plan view is variable. As shown the layers alternate to show the voids and solids (filaments). The transverse pattern is equated with the plan view conformation is variable.
PNG
media_image1.png
760
394
media_image1.png
Greyscale
PNG
media_image2.png
378
502
media_image2.png
Greyscale
Duoss teaches the present invention is also generally directed to the design and fabrication of such materials using an additive, extrusion-based process (e.g. direct ink write (DIW) process) that prints inks through nozzles (often of microscale size) to generate the three-dimensionally patterned architecture in a layer-by-layer fashion with controlled filament feature size, porosity, pore size, pore shape, interconnectivity of pores, and geometry. By controlling the patterning of the 3D patterned architecture, the method can vary density/porosity over large range, can vary density spatially in a single part, can vary mechanical response at constant porosity through the structure, and engineer anisotropy in the bulk mechanical properties.
Duoss teaches the 3D printing method can produce a layer by layer structure that can vary mechanical response.
Duoss differs and does not teach polygonal patterns and different zones.
Coccia teaches the shapes of the cells are polygonal [0054], [0056] and the microarchitecture makes it possible to obtain deformable zones that are controlled to different heights of cells and differentiated so as to increase the overall performance (protection and comfort) of the cycling pad [0067]. Coccia teaches that the thickness of the cells 6 that is different from that of the adjacent fourth zone 14 and of the adjacent pair of internal wings of the third zone [0063].
Coccia teaches it should be noted that the method can also be used to provide, in conjunction or separately, other parts that make up the padding, in addition to the flat outer perimetric first zone 9, the second zone 10, the third zone 11, the fourth zone 14, the fifth zones 15a, 15b, or even other parts that can be combined with the padding 1, such as the covering so as to obtain a single product, i.e. the complete cycling pad or the pair of cycling shorts, but which have, for the various parts indicated, different desired characteristics and performance, for example of load-bearing capacity, in one or more desired points or zones [0070].
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a cycle padding structure with different zones motivated to provide for different load bearing capacities.
As to claim 3, Duoss teaches that each layer is oriented at 90 degrees and therefore meets the limitation of a pattern that defines the plan view conformation of one of said layer is different from the pattern that defines the plan view conformation of at least another of said layers.
As to claim 4, Duoss does not teach an irregular pattern.
Coccia is directed to a method of making padding by using 3D printing. The method produces a structure with individual open cells which are mutually connected and arranged mutually opposite and side by side (ABST).
Coccia teaches the padding which is characterized in that it uses 3D printing by depositing a filament according to a microarchitecture that entails the definition of superimposed matrices that are adapted to define a structure composed of individual open cells, which are mutually connected and arranged mutually opposite and side by side, each one having a shape in plan view with a variable diameter which is obtained by way of superimposing elements that are substantially shaped like a truncated pyramid or like a truncated cone with a polygonal base [0021].
Coccia teaches multiple layers of different shaped cells formed by depositing in sequence the layers of filaments [0049]. The shapes as shown in Fig. 1 are irregular shapes. The particular chosen shape of the microarchitecture and therefore of the cells makes it possible to achieve the characteristic of having an elastic bounce-back once a pressure thereon has ceased, the arrangement of the layers making it possible to obtain a desired density, load-bearing capacity and thickness at every desired point of the product that it is desired to obtain [0065].
PNG
media_image3.png
856
482
media_image3.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ irregularly shaped cells motivated to have elastic bounce-back and load-bearing capacity.
As to claim 6, Duoss differs and does not teach polygonal patterns and different zones.
Coccia teaches the shapes of the cells are polygonal [0054], [0056] and the microarchitecture makes it possible to obtain deformable zones that are controlled to different heights of cells and differentiated so as to increase the overall performance (protection and comfort) of the cycling pad [0067]. Coccia teaches that the thickness of the cells 6 that is different from that of the adjacent fourth zone 14 and of the adjacent pair of internal wings of the third zone [0063].
Coccia teaches it should be noted that the method can also be used to provide, in conjunction or separately, other parts that make up the padding, in addition to the flat outer perimetric first zone 9, the second zone 10, the third zone 11, the fourth zone 14, the fifth zones 15a, 15b, or even other parts that can be combined with the padding 1, such as the covering so as to obtain a single product, i.e. the complete cycling pad or the pair of cycling shorts, but which have, for the various parts indicated, different desired characteristics and performance, for example of load-bearing capacity, in one or more desired points or zones [0070].
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a cycle padding structure with different zones motivated to provide for different load bearing capacities.
As to claims 8 and 9, Duoss does not teach different zones nor different heights.
Coccia teaches different zones can be produced via 3D printing to produce the flat outer perimetric zone tending towards 0 followed by a second zone with uniform thickness of cells such as 2 millimeters [0058]. Coccia teaches the height from the external edge increases towards the center in [0060]-[0063] wherein the second zone 10 is heart shaped with a perimeteric edge 10a and a straight branch 10b. Then a third zone 11 and the thickness of cells 6 that increases from the perimeter toward the center in the pair of external wings 12a, 12b and a thickness that decreases from the center toward the perimeter in the internal wings [0060]. Then a fourth zone 14 which surrounds the third zone 11 with a thickness of cells 6 that exceeds that of the third zone [0062]. See Fig. 10 below. Coccia teaches differentiated relief regions 7 are provided by thermoforming to increase comfort of the user [0036]. Coccia does not explicitly teach the increase is linear, however as Coccia teaches the thickness increases toward the center, it would have been obvious to employ the desired taper that is linear motivated to achieve the desired comfort level.
PNG
media_image4.png
838
608
media_image4.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ changing thickness from the outer perimeter to the center of the padding motivated to provide the desired comfort level.
As to claim 9, Duoss and Coccia does not teach the taper angle of 30-70 degrees. Coccia teaches the change in thickness decreases from the center to the perimeter. It would have been obvious to one of ordinary skill in the art before the effective filing date to optimize the angle of inclination motivated to provide the desired size and comfort level of the padding.
As to claims 10 and 11, Duoss differs and does not teach alternating the plurality of layers with linear pattern and polygonal pattern nor different zones.
Coccia teaches the geometry of the various layers is such as to obtain the superimposition of elements or open cells 6 that are substantially shaped like a truncated pyramid or like a truncated cone with a polygonal base, for example an octagonal base [0054].
Coccia shows alternating linear layers and polygonal pattern layers in Fig. 1. The polygonal layers are equated with hexagonal layers.
Coccia teaches the method is used to produce a flat outer perimetric first zone 9, the second zone 10, the third zone 11, the fourth zone 14, the fifth zones 15a, 15b, or even other parts that can be combined with the padding 1, such as the covering so as to obtain a single product, i.e. the complete cycling pad or the pair of cycling shorts, but which have, for the various parts indicated, different desired characteristics and performance, for example of load-bearing capacity, in one or more desired points or zones [0070].
This increase of load-bearing capacity is obtained for example by keeping the same microarchitecture, but applying a change in the filling, for example using the same pattern while reducing its dimensions so as to have more material and less empty space [0071].
Naturally the materials used as well as the dimensions of the individual components of the disclosure, such as the flat outer perimetric first zone 9, the second zone 10, the third zone 11, the fourth zone 14, the fifth zones 15a, 15b may be more relevant according to specific requirements. The characteristics indicated above as advantageous, convenient or the like, may also be missing or be substituted by equivalent characteristics [0072].
As to claims 10 and 11, it would have been obvious to one of ordinary skill in the art before the effective filing date to produce a padding with alternating linear and polygonal layers and different zones motivated to provide for comfort of the cycle padding.
Claims 9, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Duoss et al (US 20180186121) in view of Coccia et al (US 20210068475) and in further view of Knopik (US 20150313292).
As to claims 9. 20 and 21, Duoss does not teach different zones nor different heights. Coccia is not specific with regard to the increasing thickness angle nor the ratio between heights in the central zone to the edge. Coccia teaches the thickness of cells increases from the perimeter to the center of the pair of external wings for the seat as shown in Fig. 11 [0060].
Knopik is directed to a pad for cycling pants wherein the pad has a three-dimensional concave shell shape with a seam 15 as shown in Fig. 2. If the seam is running and inclined in forward direction of the seat pad , it may be advantageous if the angle of the seam is 60-80 degrees to above or reduce potential pressure marks in the front portion of the seat pad. Preferably the seam or seams are running and inclined in forward direction and the angle is around 40 degrees [0046].
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide for an incline of 40 degrees motivated to reduce potential pressure marks in the front portion of the seat pad.
Claims 1, 3, 4, 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Duoss et al (US 20180186121) in view of Achten et al (US 20190254439).
Duoss is directed to a three dimensionally patterned energy absorptive material and method of fabrication (Title). Duoss is directed to a three-dimensionally patterned energy absorptive material and fabrication method having multiple layers of patterned filaments extrusion-formed from a curable pre-cursor material and stacked and cured in a three-dimensionally patterned architecture so that the energy absorptive material produced thereby has an engineered bulk property associated with the three-dimensionally patterned architecture (ABST), [0005].
Duoss teaches method of fabricating a three-dimensionally patterned energy absorptive material wherein the filaments are arranged so that the three-dimensionally patterned architecture comprises at least one of open-cells and closed cells between filaments; The open cells are equated with voids and closed cells are equated with solids. The multiple layers are equated with a multi-plane structure with a plurality of overlapping layers.
The filaments are patterned so that the desired bulk property of the energy absorptive material is uniform in at least one direction;
The filaments are patterned so that the desired bulk property of the energy absorptive material is different for different regions of the energy absorptive material;
The filaments are patterned so that the desired bulk property of the energy absorptive material is graded across the different regions of the energy absorptive material along at least one direction;
The filaments of a layer are transversely patterned relative to filaments of an adjacent layer; the substrate surface is non-planar so that the energy absorptive material formed thereon also has a non-planar surface contour; and the substrate surface is contoured substantially similar to a 3D object against which energy is to be absorbed by the energy absorptive material so that the energy absorptive material formed on the substrate substantially conforms to said object.
Duoss shows the layered structure as shown in Fig. 2 and Fig. 4 which shows overlapping layers and is multi-plane structure and meets the limitation wherein the plan view conformation of each of said layers is made according to at least one open and/or closed pattern and that the plan view is variable. As shown the layers alternate to show the voids and solids (filaments). The transverse pattern is equated with the plan view conformation is variable.
PNG
media_image1.png
760
394
media_image1.png
Greyscale
PNG
media_image2.png
378
502
media_image2.png
Greyscale
Duoss teaches the present invention is also generally directed to the design and fabrication of such materials using an additive, extrusion-based process (e.g. direct ink write (DIW) process) that prints inks through nozzles (often of microscale size) to generate the three-dimensionally patterned architecture in a layer-by-layer fashion with controlled filament feature size, porosity, pore size, pore shape, interconnectivity of pores, and geometry. By controlling the patterning of the 3D patterned architecture, the method can vary density/porosity over large range, can vary density spatially in a single part, can vary mechanical response at constant porosity through the structure, and engineer anisotropy in the bulk mechanical properties.
Duoss teaches the 3D printing method can produce a layer by layer structure that can vary mechanical response.
Duoss differs and does not teach polygonal patterns and different zones. Duoss teaches a layer by layer structure.
Achten teaches different and individualized damping points and individual units and it is also possible here to use a plurality of the abovementioned types in a damping body, for example in order to establish different springing behavior at different locations of the damping body [0054]. Achten teaches a layer by layer structure.
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ different locations with different springing behavior motivated to establish different behavior at different locations.
As to claim 3, Duoss teaches that each layer is oriented at 90 degrees and therefore meets the limitation of a pattern that defines the plan view conformation of one of said layer is different from the pattern that defines the plan view conformation of at least another of said layers.
As to claim 4 and 6, Duoss does not teach an irregular pattern. Duoss differs and does not teach polygonal patterns and different zones.
Achten is directed to a method for producing a visco-elastic damping element comprising at least one visco-elastic spring element that is produced by 3D printing method. The present invention is based on the discovery that with the aid of a 3D printing process it is possible to achieve individualized damping properties. The term “individualized” here means not only that production of individual units is possible in a useful and cost-effective manner but also that damping properties of a damping body at different points within the body can be adjusted as desired, and with high local resolution [0013].
Achten teaches the invention moreover provides the use of one or more damping bodies produced in according to the invention as a volume body preferably for supporting parts of the human body. The volume body is preferably selected from the group consisting of a mattress, a cushion, a seat, a sofa, preferably a sofa part, a chair, preferably a chair part, a pad, a helmet, a body-protector, an orthopedic protective element, preferably a part of an orthopedic protective element, a shoe and parts thereof, and combinations of at least two thereof. The volume body is preferably for use as support for parts of the human body selected from the group consisting of a mattress, a cushion, a seat, a pad and parts thereof and combinations of at least two thereof [0070].
Achten teaches the damping material has a hollow volume of pores [0084].
Achten teaches the embodiment of the process of the invention, the damping body is configured to some extent or completely as open-celled hollow body, and has at least one open passage, and when subject to compressive or tensile deformation preferably exhibits damping tan δ, measured in accordance with DIN 53535, of from 0.1 to 1 in the direction of deformation [0037].
Achten teaches the present invention is based on the discovery that with the aid of a 3D printing process it is possible to achieve individualized damping properties. The term “individualized” here means not only that production of individual units is possible in a useful and cost-effective manner but also that damping properties of a damping body at different points within the body can be adjusted as desired, and with high local resolution. It is thus possible by way of example to achieve individualized production of a mattress in accordance with the anatomical requirements or needs of a customer. By way of example, in order to achieve optimized pressure distribution for lying on the mattress, a pressure profile of the body can first be recorded on a sensor surface, and the resultant data can be used to individualize the mattress [0013].
Achten teaches the damping body of the invention is generally produced layer-by-layer [0064]. The pattern produced by Achten is shown in Fig. 2 and equated with irregular as not all of the cells are the same.
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce an damping pad of irregular manner motivated to produce a damping material that has individualized damping characteristics.
As to claim 5, Duoss does not teach a thermoplastic elastomer TPE.
Achten teaches the material of the spring elements is selected from thermoplastic elastomers [0060].
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce the dampening material from thermoplastic elastomers motivated to achieve a damping system.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Duoss et al (US 20180186121) in view of Coccia et al (US 20210068475) and in further view of Achten et al (US 20190254439).
As to claim 5, Duoss in view of Coccia does not teach a thermoplastic elastomer TPE.
Achten teaches the material of the spring elements is selected from thermoplastic elastomers [0060].
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce the dampening material from thermoplastic elastomers motivated to achieve a damping system.
Response to Arguments
Applicant’s amendments and arguments, with respect to the Objection to the Specification with regard to claim 4 have been fully considered and are persuasive. The objection has been withdrawn.
Applicant’s amendments and arguments with respect to claims 4 and 9 are persuasive and the 35 USC 112(b) rejections are withdrawn.
Applicant’s amendments and arguments, with respect to the 35 USC 102 rejection of claims 1-3 and 6 over Duoss et al (US 20180186121) have been fully considered and are persuasive. The 35 USC 102 rejection has been withdrawn and new grounds under 35 USC 103 presented under Duoss in view of Coccia. The previous rejection under 35 USC 103 over Duoss in view of Achten is revised and maintained.
Applicant argues the 35 USC 103 rejection over Duoss in view of Coccia and state that the different zones of claim 7 now incorporated into claim 1 are formed by varying the thicknesses of the cells rather than with different numbers of layers. Applicant's arguments with respect to the 35 USC 103 over Duoss in view of Coccia have been fully considered but they are not persuasive.
Duoss teaches stacked layers and while Duoss does not teach the feature of Coccia is teaching the build up of cells via 3D printing, there are a different number of layers present in the regions and it is Coccia that teaches that the thickness of the cells can control the thickness of the pad. Coccia teaches it is known to vary the thickness of a layer in different zones. The combination of Duoss in view of Coccia teach the it is known to produce the claimed features. If each layer is adjusted for thickness, the overall thickness of the stacked layers would be different thickness in different zone.
Applicant argues the 35 USC 103 rejection over Duoss in view of Coccia and Knopik over claim 9 and states that as the base claim is not obvious over Duoss and Coccia, the Knopik rejection does not teach or suggest the limitation of claim 1 and therefore does not cure the deficiencies of Duoss and Coccia.
As the rejection over Duoss and Coccia is maintained, the rejection including Knopik is similarly maintained.
Applicant argues the rejection over claims 4, 5, and 7 over Duoss in view of Achten and states that Achten is cited for teaching a visco-elastic spring element , thermoplastic elastomers, hollow pores, individualized damping properties, and different damping behavior at different locations. However, Applicant submits that Achten is directed to a broad damping-body concept and at most teaches locally individualized damping properties in a general support body. Achten does not teach or suggest the proposed elected-species padding architecture based on plan view conformation varying as a function of height to produce mechanically different zones, further defined by different numbers of layers in different zones, as recited in claim 1.
Moreover, Achten discloses a visco-elastic damping element made by 3D printing ([0013]), involving layer-by-layer production ([0015]-[0016]). The Examiner cites Fig. 2 of Achten as showing an irregular pattern of solids and voids. However, there is no disclosure here suggesting the structure recited in amended claim 1.
The rejection over Duoss in view of Achten is revised and maintained as Achten teaches a layer by layer structure that has different mechanical zones that are produced by 3D printing and meets the claim limitation of claim 1 as well as dependent claims 3 and 4.
The rejections have been revised and maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER A STEELE/Primary Examiner, Art Unit 1789
Prosecution Insights