S 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 .
Claim Interpretation
The examiner acknowledges the recitation “the shear strength” in line 1 of claim 1, is a recitation which recite “the” to reference subject matter which is not previously recited/introduced; however, per the guidance in MPEP § 2173.05(e), the recitation is not ambiguous because the phrase “shear strength” is well known term of the art in material science and engineering and there is inherent basis for the recitation above.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 17/667,081, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Independent claim 1 has the newly added subject matter in this continuation application. Thus, the effective filling date of independent claim 1 is 05/25/2022. See MPEP 2133.01.
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(s) 1 is/are 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 1 recites "(c) repeating steps (b) and (c) sequentially to create gaps between the alternating greater width layers" which is indefinite. At the outset, the limitation “repeating steps (b) and (c)” contains circular reference, as step (c) repeating itself. This creates ambiguity regarding which steps are to be repeated and in what order. A person of ordinary skill in the art would not be able to determine, with reasonable certainty, the scope of the claimed process due to circularity. Furthermore, it is not clear how gaps could be created by repeating steps (b) and (c) without repeating step (a) in which the gap is created. For purpose of examination the limitation is examined below as --(c) repeating steps (a) and (b) sequentially to create gaps between the alternating greater width layers--.
The term “suitable” in claim 1 is a relative term which renders the claim indefinite. The term “suitable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear from the specification what exact types of material covered by “suitable”. For the purposes of examination, the relevant claim limitations are interpreted as simply --any type of printable material--. Applicant may overcome this rejection by deleting the word “suitable” from the claim.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Hoffman (US 2021/0252776).
Regarding claim 1, Hoffman teaches a method for increasing the shear strength of a molded additive manufactured product (700) (see annotated Fig. 7 below; [0003] and [0079-0080]) comprising:
(a) creating a wall from a series of at least three layers (710, 720, 730) of beads (shells) of suitable material, the layers having alternating widths to create an interstitial gap between the first and third layers, the first layer having a width greater than the width of the second layer (see annotated Fig. 7 below; [0026], [0100] and the suitable materials used are disclosed at [0104-0105]);
(b) depositing a layer of infill (infill layers (750)) into the gap between the first and third layers (see annotated Fig. 7 below; [0100]);
(c) repeating steps (a) and (b) sequentially to create gaps between the alternating greater width layers (i.e. a pattern of alternating the number of shells per 6 layers shown in Fig. 7 is repeated periodically) (see annotated Fig. 7 below; [0099-0100]); and
(d) depositing a layer of strengthening infill (750) in the respective gaps; and wherein the strengthening infill extends into abutment with the wall of the lesser width bead layers (i.e. after the pattern of alternating the number of shells per 6 layers shown in Fig. 7 is repeated periodically, filling the gap between the repeated lesser width bead layers with infill layers (750)) (see annotated Fig. 7 below; [0099-0100]).
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Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,017,407.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are coextensive in scope.
Independent claim 1 of the instant application reads on claims 1-3 of the patented claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED K AHMED ALI whose telephone number is (571)272-0347. The examiner can normally be reached 10:00 AM-7:30 PM.
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/MOHAMED K AHMED ALI/ Examiner, Art Unit 1743