Detailed Office Action
The communication dated 7/19/2024 has been entered and fully considered. Claims 1-20 are pending.
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 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.
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 1-4, 7-8, 10-13, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over KALYANARAMAN (WO-2016/193934-A1 of record), hereinafter KALYANARAMAN, in view of GOUZMAN (WO-2018011674-A1 of record), hereinafter GOUZMAN. Note that the italicized text below are the instant claims.
Regarding claim 1, KALYANARAMAN discloses A method of additive manufacturing of a three- dimensional object {[abstract], [0001]}, the method comprising:
dispensing from a first array of nozzles a liquid modeling material formulation containing a polyimide precursor to form a layer in a configured pattern corresponding to a shape of a slice of the object {[abstract], [FIG. 2] 108/110 are the first array of nozzles, 120/122 are the modeling material formulation that are liquid droplets, note layers 146/148, [0001] note CAD modeling or slice of the object};
applying to said layer at least infrared radiation {[0043] note heating by infrared that is applying infrared to the printed layer};
and repeating said dispensing and said application of radiation to form a plurality of layers in configured patterns corresponding to shapes of other slices of the object {[FIG. 2] note repeating the layers 146/148}.
KALYANARAMAN, however, is silent on the polyimide precursor being bismaleimide and liquid modeling material being devoid of a bis-allyl-nadi-imide compound.
In the same field of endeavor that is related to polyimide resin for inkjet printing, GOUZMAN discloses wherein said polyimide precursor is bismaleimide and said liquid modeling material formulation is devoid of a bis-allyl-nadi-imide compound {[abstract] note that the formulation of GOUZMAN is devoid of a bis-allyl-nadi-imide compound}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have substituted the polyimide precursor of KALYANARAMAN with the known bismaleimide of GOUZMAN.
Note that it has been held that a simple substitution of one known element for another is likely to be obvious when predictable result are achieved {see MPEP 2143 (I)(B)}.
Since GOUZMAN discloses that its precursor is sutiable for inkjet printing and is also in the same class of precursors {[abstract] polyimide for inkjet printing}, one of ordinary skill in the art expects predictable and successful results by such substitution.
Regarding claim 2, KALYANARAMAN discloses comprising, for at least one layer, applying to said layer additional radiation other than said infrared radiation, for curing or solidifying said liquid modeling material formulation forming said layer {0100] note in the embodiments where the crosslinker is present the printed layer is exposed to UV light, thus the layer is exposed to another radiation than infrared}.
Regarding claim 3 limitation of “wherein for at least one layer, said applying said infrared radiation is by performing a single scan of said infrared radiation over said layer”, KALYANARAMAN teaches that the printed layer is exposed to infrared {[0043]}. The Examiner interprets the limitation of “scan” as the infrared radiation is moved along the layer. In this case, KALYANARAMAN is silent on whether the IR device is stationary above the printed layer or scanned/moved along the layer.
At the effective filing date of the instant invention, and for those cases where the projected area of IR radiation is smaller the total surface area of the printed layer, it would have been obvious to one of ordinary skill in the art to have moved or scanned the IR heater of KALYANARAMAN along the entire surface of the printed layer so that all areas of the printed layer can be exposed to IR radiation.
Regarding claim 4 limitation of “wherein for at least one layer, said applying said infrared radiation is by performing a plurality of scans of said infrared radiation over said layer after said formation of said layer and before dispensing a subsequent layer” as discussed under claim 3 above, it would have been obvious to scan the IR heater along the printed layer. KALYANARAMAN also discloses that such heating is performed after the layer is formed {[0044]}. KALYANARAMAN, however, is silent on performing a plurality of scan.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have scanned or have moved the IR heater KALYANARAMAN for a plurality of times or plurality of scans in order to ensure sufficient and uniform heating of the printed layer. Note that it has been held that, absent of unexpected results, a mere duplication of a part, or a step in this case, involves only routine skill in the art {see MPEP 2144.04 (VI)(B)}.
Regarding claim 7 limitation of “wherein a viscosity of said modeling material formulation containing said polyimide precursor is from about 12 cP to about 18 cP at a temperature of about 70 C”, KALYANARAMAN teaches that the solution viscosity can be adjusted based on the requirement of the inkjet process {[0013]}. Therefore, KALYANARAMAN recognizes the viscosity as a result-effective variable.
It is well established that determination of optimum values of result-effective variables (in this case solution viscosity on the optimum operation of the inkjet or nozzle) is within the skill of one practicing in the art see MPEP 2144.05 (II)(B)}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have optimized the solution viscosity, through routine experimentation, so that an optimum ejection of solution droplets from the nozzle of the inkjet device can be obtained.
Regarding claim 8 limitation of “wherein said dispensing is executed to dispense said material formulation containing said polyimide precursor in droplets having a weight of from about 50 ng to about 90 ng”, KALYANARAMAN discloses that the volume of the droplets (or their weight) can be controlled, thus controlling the molar ratio of the mixture that affects the properties of the final structure such as final molecular weight and mechanical properties including flexural, tensile, and impact strengths {[0032]}. KALYANARAMAN further emphasizes that the volume of the polyimide precursor solution printed at a target location can be selected and controlled to provide for a selected relative concentrations of the mixture {[0051], [0056]}.
Therefore, KALYANARAMAN recognizes the weight or volume of the droplets as result-effective variable affecting the final properties of the 3D printed structure.
It is well established that determination of optimum values of result-effective variables (in this case droplet weight on the final properties of the 3D object) is within the skill of one practicing in the art {see MPEP 2144.05 (II)(B)}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have optimized the droplet weight, through routine experimentation, so that a desired 3D object can be printed. In certain cases, this droplet weight fall within the claimed range of 50-90 ng.
Regarding claim 10, KALYANARAMAN discloses wherein said polyimide precursor has a molecular weight of from 500 to 1000 Daltons {[0101]}.
The Examiner notes that KALYANARAMAN teaches a molecular weight of greater than 1000 Daltons that touches the claimed range. A prima facie case of obviousness is established when a claimed narrow range touches a broader prior art range {see MPEP 2144.05 (I)}.
Regarding claim 11-13, GOUZMAN discloses wherein said polyimide precursor is represented by Formula I: wherein: L is a linking moiety; and R1-R4 are each independently selected from hydrogen, alkyl and cycloalkyl (claim 11), wherein R1-R4 are each hydrogen (claim 12), wherein said linking moiety L is or comprises a hydrocarbon (claim 13) {[abstract] note R1-R4 are hydrogen (not shown), note L is R and a hydrocarbon}. The Examiner notes that the obviousness rationale presented under claim 1 applies here as well.
Regarding claims 16-19, KALYANARAMAN discloses wherein said formulation containing said polyimide precursor further comprises an organic solvent (claim 16), wherein said organic solvent is a polar organic solvent (claim 17), wherein said organic solvent has a boiling temperature lower than 190 °C (claim 18) wherein said organic solvent has an evaporation rate less than 1 (claim 19) {[0085] note the teaching that the solvent can be butanol that according to the instant specification that teaches the same solvent, meets the above limitations}.
Regarding claim 20, KALYANARAMAN discloses wherein a weight ratio of said polyimide and said organic solvent in the formulation ranges from 50:50 to 90:10 {[0088]}.
The Examiner notes that KALYANARAMAN teaches a weight ratio range of 30:70 to 90:10 that encompasses the claimed range. A prima facie case of obviousness is established when a claimed narrow range is within a broad prior art range {see MPEP 2144.05 (I)}.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over KALYANARAMAN and GOUZMAN as applied to claim 1 above, and further in view of CHEN (US-2019/0127599), hereinafter CHEN.
Regarding claim 5, combination of KALYANARAMAN and GOUZMAN discloses all the limitation of claim 1 as discussed above. This combination, however, is silent on the required power of the infrared radiation.
In the same field of endeavor that is related to 3D printing using inkjet, CHEN discloses wherein said applying said infrared radiation is at a power of at least 750 watts {[0035]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of CHEN in the method of KALYANARAMAN and GOUZMAN, and have set an appropriate power for the IR radiation. Note that since KALYANARAMAN is silent on the required power for the IR radiation, an artisan would have been motivated to look to prior art for this information. Such prior art is CHEN.
The Examiner notes that CHEN teaches a power range of 100 to 3000W that partially overlaps the claimed range. A prima facie case of obviousness is established when a claimed range partially overlaps a prior art range {see MPEP 2144.05 (I)}.
Additionally, CHEN teaches that if the IR power is too low, it may lengthen the fusing period and if the IR power is too high it may degrade product quality {[0035]}. Therefore, CHEN recognizes IR power as a result-effective variable.
It is well established that determination of optimum values of result-effective variables (in this case solution effect of IR power on product quality) is within the skill of one practicing in the art {see MPEP 2144.05 (II)(B)}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have optimized the IR power, through routine experimentation, so that an optimum 3D object can be printed.
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over KALYANARAMAN and GOUZMAN as applied to claim 1 above, and further in view of GOTHAIT (US-2006/0111807), hereinafter GOTHAIT or LUTOLF (US-2017/0319746), hereinafter LUTOLF.
Regarding claims 6 and 9, combination of KALYANARAMAN and GOUZMAN discloses all the limitation of claim 1 as discussed above. This combination, however, is silent on application a voltage with certain pulse and frequency to the nozzle or inkjet printer.
In the same field of endeavor, and regarding the limitations of “wherein said dispensing from said first array of nozzles is by applying voltage pulses to said first array of nozzles, said voltage pulses being characterized by a pulse width of from about 6.0 µs to about 6.4 µs (claim 6), wherein said dispensing comprises applying voltage at a frequency of from about 15 kHz to about 25 kHz to said first array of nozzles dispensing said material formulation containing said polyimide precursor (claim 9)” GOTHAIT teaches that piezoelectric inkjet printer apply voltage {[0011]} and that 3D printer properties or 3D printed object properties can modified or adjusted by nozzle voltage pulse and frequency {[0073]}. Therefore, GOTHAIT recognizes nozzle voltage pulse and frequency as result-effective parameter.
Alternatively, and in the same field of endeavor, LUTOLF discloses that in inkjet dispensers {[0110]}, the ejection speed and droplet diameter can be adjusted by printing parameter tuning and the parameters that can be tuned include voltage, pulse length and frequency {[0103]}. Therefore, LUTOLF also recognizes nozzle voltage pulse and frequency as result-effective parameter.
It is well established that determination of optimum values of result-effective variables (in this case effect of voltage pulse and frequency on product quality and printing operation) is within the skill of one practicing in the art {see MPEP 2144.05 (II)(B)}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have optimized the voltage pulse and frequency, through routine experimentation, so that an optimum 3D object can be printed with appropriate droplet sizes. In certain cases, this the pulse and frequency will fall within the claimed range above.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over KALYANARAMAN and GOUZMAN as applied to claims 1, 11, and 13 above, and further in view of USHIKI (US-2007/0270568), hereinafter USHIKI.
Regarding claims 14-15, combination of KALYANARAMAN and GOUZMAN discloses all the limitations of claims 1, 11, and 13 as discussed above. This combination, however, is silent on the detailed hydrocarbon structure of linking moiety.
In the same field of endeavor that is related to curable resin for inkjet printing, USHIKI discloses wherein said hydrocarbon comprises two or more alkylene chains that are connected therebetween via a branching unit (claim 14), wherein said branching unit comprises or consists of a cycloalkyl (claim 15) {[abstract] note R2 is L or hydrocarbon, [0038] note L is a hydrocarbon, [0039] note different structures of L including a cycloalkyl as a branch and at least to alkylene chains}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have substituted the linking moiety of GOUZMAN of with the known linking moiety of USHIKI.
Note that it has been held that a simple substitution of one known element for another is likely to be obvious when predictable result are achieved {see MPEP 2143 (I)(B)}. Since USHIKI discloses the same bismaleimide structure as that of GOUZMAN one of ordinary skill in the art expects predictable and successful results by substitution on the linking moiety of GOUZMAN.
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.
Claims 1-2 and 4-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5-18 of U.S. Patent No. 12,070,897. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant claims 1-2 and 4 are claimed by claim 1 of US 12,070,897.
Instant claims 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are claimed by claims 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of US 12,070,897, respectively.
Instant claim 19 is claimed by claim 17 of US 12,070,897.
Instant claim 20 is claimed by claim 18 of US 12,070,897.
Conclusion
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/S. BEHROOZ GHORISHI/ Primary Examiner, Art Unit 1748