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 .
Status of Claims
The Amendment filed 02/25/2026 has been entered. Claims 1-15 are currently pending in the application. Claims 1 and 14 have been amended. No new claims have been added.
Response to Amendment
Objection. The amendments to claims 1 have overcome the objection as set forth in the Office Action mailed 12/10/2025. The objection is withdrawn.
Response to Arguments
35 USC 103. Applicant's remarks regarding the rejection of claims 1-8 and 10-15 under 35 USC 103 as being obvious over Hikmet (US 2019/0275733 A1) in view of Kander (US 2019/0330443 A1) as evidenced by FacFox Docs, “Glass Transition Temperatures of PLA & PETG” (hereinafter FacFox) are moot as they rely upon amended claim limitations not previously considered. The rejection of amended claims 1-8 and 10-15 is provided below.
Applicant’s arguments that prior art cited in the rejection of dependent claim 9 do not make up for the deficiencies of the prior art cited in the rejection of independent claim 1 is not persuasive. The rejection of claim 1 is not considered to be deficient as argued above. The rejection of amended claim 9 is provided below.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-8 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hikmet (US 2019/0275733 A1) in view of Kander (US 2019/0330443 A1) and in further view of Berben (US 2018/0009134 A1) and in further view of Van Bommel (US 2020/0189212 A1) as evidenced by FacFox Docs, “Glass Transition Temperatures of PLA & PETG” (hereinafter FacFox).
Regarding claim 1, Hikmet teaches a method for manufacturing a 3D item by means of fused deposition modeling, a 3D printed item obtainable with said method, an optical element including such 3D printed item, and a 3D printer for printing such 3D item with such method (a fused filament fabrication 3D printing method for fabricating an optical article) (¶0001).
Hikmet teaches a method of printing a 3D item wherein a powder coating applicator 595, such as a corona gun, is configured to apply a powder coating 405 to substrate 1550 (applying a surface treatment to a building plate) (Fig 1c and ¶0081).
Hikmet teaches a method wherein a control system C, such as a temperature control system, is configured to control the temperature of the receiver item 550 (equivalent to substrate 1550) and may include a heater which is able to heat the receiver item 550 to at least a temperature of 50° C., but especially up to a range of about 350° C., such as at least 200° C (heating the building plate to a predetermined plate temperature) (Fig 1a-1b and ¶0077,0082; substrate 1550 and receiver item 550 read on the claimed building plate and FIGS. 1a-1c schematically depict variants where the printable material is provided as filament to the printer head).
Hikmet teaches a method wherein 3D printer 500 is configured to generate a 3D item 10 by depositing on a receiver item 550 a plurality of filaments 320 wherein each filament 20 comprises 3D printable material; 3D printer 500 is configured to heat the filament material upstream of the printer nozzle 502 and printer head 501 may include a liquefier or heater; the 3D printable material may be heated by the 3D printer before it leaves the nozzle to a temperature of at least the glass transition temperature, and in general at least the melting temperature; and that materials may be polylactic acid (PLA) (dispensing a thermoplastic through a nozzle set at a predetermined nozzle temperature onto the building plate) (¶0017-0019;0074).
As disclosed in Fig 1A, Hikmet further teaches a method of dispensing a thermoplastic through a printer nozzle 502 (nozzle) onto substrate 550 (build plate) while translating the printer nozzle to form a first layer and that the invention may be implemented by means of hardware comprising several distinct elements, and by means of a suitably programmed computer (a first predetermined pattern at a predetermined printing speed) (Fig 1A and ¶0105).
Examiner notes that ¶0036 of the instant specification discloses that “[u]pon exiting the nozzle, the polymer melt can meet the previously deposited layer and immediately begin to cool and solidify.”
Hikmet discloses a method of dispensing a filament of printable 3D printable material from printer nozzle 502 set a predetermined nozzle temperature and predetermined plate temperature in a layer-by-layer fashion (solidifying the first layer).
Examiner notes that the glass transition temperature of PLA is 55° C - 60° C as evidenced by FacFox Docs.
Hikmet discloses a method of temperature control system configured to control the temperature of the receiver item 550 (¶0077). The control system C may include a heater which is able to heat the receiver item 550 to at least a temperature of 50° C (a range of the predetermined plate temperature is between 30° C. lower than a glass transition temperature of the thermoplastic and 20° C. higher than the glass transition temperature of the thermoplastic) (¶0077).
While Hikmet teaches a method wherein the 3D printable material, such as PLA or PMMA, may be heated by the 3D printer before it leaves the nozzle to a temperature of at least the glass transition temperature (predetermined nozzle temperature) (¶0017-0019) (base method), Hikmet does not explicitly disclose wherein a range of the predetermined nozzle temperature is at least 100° C. higher than the glass transition temperature of the thermoplastic, and at least 50° C. lower than a degradation temperature of the thermoplastic.
However, reasonably pertinent to the particular problem with which the applicant was concerned (glass transition temperature and degradation temperature of thermoplastics, namely PLA; see MPEP 2141.01(a)), Kander discloses that thermoplastics means that the polymer can be melted and reformed without breaking the chemical structure of the polymer (¶0129). The thermal degradation temperature of PLA is above 200° C and the glass transition temperature and melting temperature are 55° C and 175° C, respectively, and the processing temperatures can be from 185-190° C (a range from at least 100° C higher than the glass transition temperature of the PLA and at least 50° C lower than a degradation temperature of the PLA) (¶0129) (known technique applicable to base method).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method disclosed in Hikmet by applying the known technique of a processing temperature of PLA from 185-190° C (a range from at least 100° C higher than the glass transition temperature of the PLA and at least 50° C lower than a degradation temperature of the PLA) as disclosed in Kander to predetermined nozzle temperature of the printer nozzle disclosed in Hikmet with predictable results and resulting in an improved method do that the thermoplastic can be melted and reformed without breaking the chemical structure of the polymer (Kander, ¶0129). MPEP 2143(D).
Hikmet in view of Kander do not explicitly disclose applying a coating to the printed part top surface for improving surface smoothness.
However, in the same field of endeavor, coating FDM printed products, Berben teaches a known technique of a post-treatment that may include a kind of polishing of the outer layer or at least part thereof and may coating at least part of the outer layer so that the outer layer may obtain a smoother surface than obtainable with the 3D printing, especially with FDM 3D printing; wherein a lens with a relatively very smooth surface was obtained (¶0029,0060).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method disclosed in Hikmet in view of Kander by applying the known technique of applying a coating to the printed part top surface for improving surface smoothness disclosed in Berben to the method disclosed in Hikmet in view of Kander with predictable results and resulting in an improved method. MPEP 2143(D).
While Hikmet in view of Kander and Berben teach a method wherein the 3D printable material may comprise PMMA (an acrylate) (Hikmet, ¶0015), Hikmet in view of Kander and Berben does not explicitly disclose a method wherein the refractive index of the coating is the same as the thermoplastic for the printed part.
However, reasonably pertinent to the particular problem with which the applicant was concerned (coating materials; see MPEP 2141.01(a)), Van Bommel discloses than an acrylate is a known material that can be applied (e.g. by spray-coating, spin-coating, dip-coating) to the primary 3D printed structure after 3D printing to provide a protective layer (¶0094).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to substitute the coating material taught by Hikmet in view of Kander and Berben with the acrylate taught by Van Bommell such that the refractive index of the coating is the same as the thermoplastic for the printed part, since the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. MPEP 2144.07.
Regarding claims 2, 5-6, and 11-13, as applied to claim 1, Hikmet in view of Kander and Berben and Van Bommell does not explicitly teach a method wherein the first predetermined pattern is a parallel linear line pattern; wherein a range of a thickness of the first layer is 0.02 mm to 0.1 mm; wherein a range of the predetermined printing speed is 1 mm/s to 100 mm/s; wherein the dispensing the thermoplastic through the nozzle to form the first layer further comprises repeating the dispensing the thermoplastic through the nozzle set at the predetermined nozzle temperature onto the building plate while translating the nozzle according to a second predetermined pattern at the predetermined printing speed to form at least one additional layer; wherein the second predetermined pattern is the same as the first predetermined pattern with a predetermined offset to dispense the thermoplastic in voids formed between lines of the first predetermined pattern and no grids are formed between the lines of the first predetermined pattern and lines of the second predetermined pattern; nor wherein a range of a thickness of each additional layer of the at least one additional layer is 0.04 mm to 0.2 mm.
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method disclosed in Hikmet in view of Kander and Berben and Van Bommell such that the first predetermined pattern is a parallel linear line pattern; wherein a range of a thickness of the first layer is 0.02 mm to 0.1 mm; wherein a range of the predetermined printing speed is 1 mm/s to 100 mm/s; wherein the dispensing the thermoplastic through the nozzle to form the first layer further comprises repeating the dispensing the thermoplastic through the nozzle set at the predetermined nozzle temperature onto the building plate while translating the nozzle according to a second predetermined pattern at the predetermined printing speed to form at least one additional layer; wherein the second predetermined pattern is the same as the first predetermined pattern with a predetermined offset to dispense the thermoplastic in voids formed between lines of the first predetermined pattern and no grids are formed between the lines of the first predetermined pattern and lines of the second predetermined pattern; and wherein a range of a thickness of each additional layer of the at least one additional layer is 0.04 mm to 0.2 mm with predictable results in order to obtained the desired 3D item since the invention may be implemented by means of hardware comprising several distinct elements, and by means of a suitably programmed computer, which controls the predetermined pattern, thickness of the first layer, predetermined printing speed, and dispensing the thermoplastic through the nozzle (¶0105).
Regarding claims 3-4, as applied to claim 1, although Hikmet in view of Kander and Berben and Van Bommell does not specify wherein a diameter of the nozzle is between 0.1 mm to 1.0 mm nor wherein a cross-sectional shape of the nozzle is circular, square, or rectangular, one of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method disclosed in Hikmet in view of Kander and Berben and Van Bommell such that the diameter of the nozzle is between 0.1 mm to 1.0 mm and wherein the cross-sectional shape of the nozzle is circular, since it has been held that the change in form or shape, without any new or unexpected results, is an obvious engineering design. MPEP 2144.04(IV)(A)-(B).
Regarding claim 7, as applied to claim 1, Hikmet in view of Kander and Berben and Van Bommell teaches a method wherein a material of the thermoplastic is polycarbonate (PC) (Hikmet, ¶0019).
Regarding claim 8, as applied to claim 1, Hikmet in view of Kander and Berben and Van Bommell teaches a method wherein the surface treatment includes application of a corona to a surface of the building plate (Hikmet, ¶0025,0064-0065).
Regarding claim 10, as applied to claim 1, Hikmet in view of Kander and Berben and Van Bommell teaches a method wherein a material of the building plate is glass (Hikmet, ¶0022).
Regarding claims 14-15, as applied to claim 11, Hikmet in view of Kander and Berben and Van Bommell teaches a method further comprising applying a surface smoothing process to a surface of the first layer and wherein the surface smoothing process is application of a coating material (Berben, ¶0029,0060).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hikmet (US 2019/0275733 A1) in view of Kander (US 2019/0330443 A1) and in further view of Berben (US 2018/0009134 A1) and in further view of Van Bommel (US 2020/0189212 A1) as evidenced by FacFox Docs,"Glass Transition Temperatures of PLA & PETG” (hereinafter FacFox), as applied to claim 8, Atashbar (US 2016/0220995 A1).
Regarding claim 9, as applied to claim 8, Hikmet in view of Kander and Berben and Van Bommell does not teach a method wherein the solvent is acetone, isopropyl alcohol, methanol, or methyl ethyl ketone.
However, reasonably pertinent to the particular problem with which the applicant was concerned (surface treatments; see MPEP 2141.01(a)), Atashbar discloses that exemplary surface treatments include, without limitation, treating with a silane coating, including 3-aminopropyl triethoxysilane; treating with solvents, including alcohols, acetone, DMSO, and acetonitrile; treating with acids; treating with heat; treating with plasma energy; treating with UV/ozone; and treating with a corona discharge (¶0026). Such treatments promote the bonding (¶0026) (substituted components and their functions were known in the art; see MPEP 2143(B)).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the method disclosed in Hikmet in view of Kander and Berben and Van Bommell by substituting the corona surface treatment disclosed in Hikmet in view of Kander and Berben and Van Bommell with the acetone solvent surface treatment disclosed in Atashbar since the simple substitution of one known element for another would obtain predictable results. MPEP 2143(B).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JaMel M Nelson whose telephone number is (571)272-8174. The examiner can normally be reached Monday - Friday 9:00 AM ET - 5:00 PM ET.
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/JAMEL M NELSON/Primary Examiner, Art Unit 1743