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 .
DETAILED ACTION
Status of the Claims
Claims 1-28 are pending and the subject of this NON-FINAL Office Action. This is the first action on the merits.
Claim Rejections - 35 USC § 102
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) A person shall be entitled to a patent unless –
(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; or
(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11 and 13-28 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by GABRIEL (US20200230876).
As to claim 1, GABRIEL teaches a powder for the production of mouldings in a layer-by-layer process in which areas of a powdered layer are selectively melted, sintered, fused, or solidified,
wherein the powder consists of the following components (e.g. claim 1, where the powder only contains (A) at least one semicrystalline polyamide, (B) at least one amorphous polyamide, and (C) at least one mineral flame retardant):
a) 60-99% by weight of a thermoplastic polymer selected as at least one polyamide with a melting temperature smaller than 175° C (A + B = 35-95% in claim 5; component A is PA6/12 in claim 6; “Component (A) of the invention typically has a melting temperature (TM(A)). Preferably, the melting temperature (TM(A)) of component (A) is in the range from 170 to 280° C”, para. 0129; also, Spec., pg. 14 states that PA6/12 is Tm<160°C);
b) 1-40% by weight of a mineral inorganic flame retardant (“20% to 60% by weight of component (C),” claim 5);
c) 0-25% by weight of additives, different from a) and b) (B can be considered an additive or part of A, regardless B is 5-25% and “the sinter powder (SP) additionally comprises in the range from 0.1% to 10% by weight of at least one additive selected from the group consisting of antinucleating agents, stabilizers, end group functionalizers, dyes and color pigments, based on the total weight of the sinter powder (SP),” claim 8);
wherein the components a)-c) add up to 100% by weight of the total material of the powder.
As to claim 2, GABRIEL teaches powder according to claim 1, wherein the thermoplastic polymer has a crystallinity below 35% (this is inherent in the same powders as disclosed in the Specification examples; see also, paras. 0212-17).
As to claim 3, GABRIEL teaches powder according to claim 1, wherein the thermoplastic polymer is a semi-crystalline polyamide (id.),
and/or wherein the thermoplastic polymer is a semi-crystalline polyamide and the polyamide is a copolyamide which comprises caprolactam building blocks (para. 0133-41), and
and/or wherein the thermoplastic polymer is a semi-crystalline polyamide and the polyamide is selected from the group consisting of: PA6/6I, PA 6/66, PA 6/66/6I, PA 6/106/12, PA 6/610, PA 6/610/12, PA 6/612/12, PA 6/1010/12, PA 6/1012/12, PA6/12, PA6/106, PA6/1010, PA6/1012, PA6/69 or a mixture thereof (claim 6; para. 0142-43).
As to claim 4, GABRIEL teaches powder according to claim 1, wherein the thermoplastic polymer is selected as polyamide PA 6/12 or a copolymer thereof, with a laurolactam molar proportion of at least 20%, wherein the laurolactam molar proportion is with respect to the total of the lactams used (paras. 0132-42).
As to claim 5, GABRIEL teaches powder according to claim 1, wherein the thermoplastic polymer has a melting point, measured in accordance with ISO 11357, of below 170° C. (paras. 0124-26, 0129, 0148-52),
and/or is a ground or precipitated polyamide powder (claim 11),
and/or has a relative viscosity, measured in m-cresol at a temperature of 20° C. and a concentration of 0.5 wt.-% according to ISO 307, in the range of 1.5-2.1 (para. 0127, 0151),
and/or has a melt enthalpy, measured in accordance with ISO 11357, below 25 (paras. 0124-26, 0129, 0148-52). In addition, the same compounds as disclosed in the specification have the same characteristics; thus, the prior art compounds with the same components have these same characteristics.
As to claim 6, GABRIEL teaches powder according to claim 1, wherein the proportion of component a) of the thermoplastic polymer is in the range of 65-95% by weight, with respect to the total material of the powder (see claim 1, above).
As to claim 7, GABRIEL teaches powder according to claim 1, wherein the inorganic flame retardant is activating and/or decomposing starting at a temperature of at most 260° C (GABRIEL teaches the same mineral flame retardants as here, yielding the same characteristics; paras. 0060, 0169-73, claim 1).
As to claim 7, GABRIEL teaches powder according to claim 1, wherein the inorganic flame retardant is a nitride, and/or a metal hydroxide, or a combination thereof (id.).
As to claim 9, GABRIEL teaches powder according to claim 1, wherein the proportion of component b) of the inorganic flame retardant is in the range of 5-30%, 15-25%, in with respect to the total material of the powder (see claim 1, above).
As to claim 10, GABRIEL teaches powder according to claim 1, wherein the additives of component c) are different from component b) and selected from the group consisting of fillers; flow agents; flame retardant systems different from component b), flame retardant synergist compounds (see claim 1, above).
As to claim 11, GABRIEL teaches powder according to claim 1, wherein the powder has an average particle size D50, measured according to ISO 13322-2, in the range of 50-80 μm (paras. 0064, 0068, claim 10),
and/or wherein the thermoplastic, ground polyamide powder has an MFR value, measured according to ISO 1133, in the range of 6-17 g/10 min.
As to claim 11, GABRIEL teaches a method of printing a three-dimensional article comprising the steps:
providing a powder according to claim 1 (claim 1); and
selectively solidifying layers of the powder to form the article (Abstract, claim 1, paras. 0001-02, 0009-14).
As to claim 14, GABRIEL teaches a flame-retardant article prepared using a method as defined in claim 13 (id.; para. 0015, claim 15).
As to claim 15, GABRIEL teaches a method of using a powder according to claim 1 for the production of mouldings in a in a layer-by-layer process in which areas of the powdered layer are selectively melted, sintered, fused, or solidified, including by focused or non-focused input of electromagnetic energy (Abstract, claims 1 and 4, paras. 0001-02, 0009-14, 0017).
As to claim 16, GABRIEL teaches powder according to claim 1, wherein the thermoplastic polymer has a crystallinity below 30% (this is inherent in the same powders as disclosed in the Specification examples; see also, paras. 0212-17).
As to claim 17, GABRIEL teaches powder according to claim 1, wherein the thermoplastic polymer is a semi-crystalline polyamide, based on aromatic and/or aliphatic dicarboxylic acid and/or aromatic and/or aliphatic, including cycloaliphatic, diamine and/or aromatic and/or aliphatic lactam/amino carboxylic acid building blocks (PA6/12; claim 6),
and/or wherein the thermoplastic polymer is a semi-crystalline polyamide and the polyamide is a copolyamide which comprises caprolactam building blocks, with further building blocks based on linear aliphatic lactams/aminocarboxylic acids and/or linear aliphatic dicarboxylic acids and linear aliphatic diamines, at last one of can have at least 9 carbon atoms (paras. 0132-42), and
and/or wherein the thermoplastic polymer is a semi-crystalline polyamide and the polyamide is selected from the group consisting of: PA6/6I, PA 6/66, PA 6/66/6I, PA 6/106/12, PA 6/610, PA 6/610/12, PA 6/612/12, PA 6/1010/12, PA 6/1012/12, PA6/12, PA6/106, PA6/1010, PA6/1012, PA6/69 or a mixture thereof, wherein the caprolactam molar proportion is at most 70%, or at most 60%, or in the range of 30-70%, wherein the caprolactam molar proportion is with respect to the total of the lactams used in case of PA6/12 and with respect to the total of the lactams and diamine-dicarboxylic acid blocks used in the other cases (paras. 0132-42, claim 6).
As to claim 18, GABRIEL teaches powder according to claim 1, wherein the thermoplastic polymer is selected as polyamide PA 6/12 or a copolymer thereof, with a laurolactam molar proportion of at least 25%, or in the range of 30-70%, wherein the laurolactam molar proportion is with respect to the total of the lactams used (paras. 0132-42, claim 6).
As to claim 19, GABRIEL teaches powder according to claim 1, wherein the thermoplastic polymer
has a melting point, measured in accordance with ISO 11357, of below 160° C. or below 150° C. or below 140° C., or in the range of 100-155° C. or 120-140° C.,
and/or is a ground polyamide powder, and wherein it is prepared by a cryogrinding process,
and/or has a relative viscosity, measured in m-cresol at a temperature of 20° C. and a concentration of 0.5 wt.-% according to ISO 307, in the range of 1.6-2.0 (para. 0127, 0151),
and/or has a melt enthalpy, measured in accordance with ISO 11357, below 20 J/g, or below 10 J/g (paras. 0149-50).
As to claim 20, GABRIEL teaches powder according to claim 1, wherein the proportion of component a) of the thermoplastic polymer is in the range of 70-90% by weight or 70-80% by weight, in each case with respect to the total material of the powder (see claim 1, above).
As to claim 21, GABRIEL teaches powder according to claim 1, wherein the inorganic flame retardant is activating and/or decomposing starting at a temperature of at most 200° C., or at most 190° C., or wherein the inorganic flame retardant is activating and/or decomposing in a temperature range of 170-350° C. or 170-260° C., or in the range of 180-340° C. or 180-240° C (GABRIEL teaches the same mineral oxide flame retardants, e.g. Al(OH)3, used in the examples here that have the same characteristics; paras. 0060, 0169-73, claim 1).
As to claim 22, GABRIEL teaches powder according to claim 1, wherein the inorganic flame retardant is a nitride, selected from the group consisting of BN, ZnB or a mixture thereof and/or a metal hydroxide, selected from the group consisting of aluminium trihydroxide (Al(OH)3), basic magnesium carbonate (MgCO3·Mg(OH)2), magnesium dihydroxide (Mg(OH)2), or a combination thereof (id.).
As to claim 23, GABRIEL teaches powder according to claim 1, wherein the inorganic flame retardant is selected as aluminium trihydroxide (id.).
As to claim 24, GABRIEL teaches powder according to claim 1, wherein the proportion of component b) of the inorganic flame retardant is in the range of 10-25%, or in the range of 15-25%, in each case with respect to the total material of the powder (See claim 1, above).
As to claim 25, GABRIEL teaches powder according to claim 1, wherein the additives of component c) are different from component b) and selected from the group consisting of fillers, selected from the group of talc, aluminium oxide-based fillers, glass fillers, including glass fibres and/or glass beads, calcium carbonate; flow agents, selected from the group of fumed or precipitated silica, metal salts of long-chain fatty acids, including metal stearates, titanium dioxide, group 1 salts, aluminium oxide; flame retardant systems different from component b), flame retardant synergist compounds, containing nitrogen and/or phosphorous, including melem, melam, melon or other melamine or derivatives thereof (para. 0053-54).
As to claim 26, GABRIEL teaches powder according to claim 1, wherein the powder has an average particle size D50, measured according to ISO 13322-2, in the range of 50-65 μm, or in the range of 50-60 μm (paras. 0064, 0068, 0072, claim 10, Table 5).
As to claim 27, GABRIEL teaches method according to claim 12, wherein, the particle size filtering process is for the generation of a particle size distribution such that the average particle size D50, measured according to ISO 13322-2, is in the range of 50-80 μm, or in the range of 50-65 μm, or in the range of 50-60 μm (id.).
As to claim 28, GABRIEL teaches method according to claim 13, wherein for selectively solidifying layers of the powder to form the article, focused or non-focused input of electromagnetic energy is used and the powder is provided in a layer-by-layer process (see claim 15, above),
and/or wherein the powder has a particle diameter D50 measured according to ISO 13322-2 of 50-80 μm, or 50-65 μm, or 50-60 μm (see claim 27, above).
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over GABRIEL (US20200230876), in view of GRAMLICH (US20200010627).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date to apply familiar polyamide powder filtration to the polyamide powder production method of GABRIEL to achieve purer powder production results with a reasonable expectation of success.
GABREL teach to produce the polyamide powders therein by melt-mixing components in an extruder (para. 0112), followed by liquid nitrogen grinding (paras. 0087 & 0259).
GABRIEL does not explicitly teach the thermoplastic material is subsequently subjected to a particle size filtering process.
However, filtering is a common process to achieve desired purity. For example, GRAMLICH teaches an additional step of filtration in polyamide powder production to separate polyamide powder from suspensions of other components used in the production of the polyamide powder (paras. 0178-79). A skilled artisan would have recognized the utility of such a filtration step to achieve polyamide powder purity without contaminating solvents, etc.
In sum, the claims are obvious because the prior art as whole clearly demonstrates that filtration of polyamide powder was routinely used to achieve known filtering/purity results.
Double Patenting- Obvious Type
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Instant claims 1-11 and 13-28 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over conflicting claims 1-20 of U.S. 18/620106.
The instant claims are obvious over the conflicting claims because the conflicting claims anticipate the instant by teaching
1. A method of using a powder in a layer-by-layer process in which areas of a powdered layer are selectively melted, sintered, fused, or solidified, including by focused or non-focused input of electromagnetic energy,
wherein the powder comprises or consists of a thermoplastic polyamide powder comprising aliphatic dicarboxylic acid building blocks with 16-22 carbon atoms.
6. The method according to claim 1, wherein the thermoplastic polyamide powder comprises or consists of building blocks built from diamines and said aliphatic dicarboxylic acid building blocks with 16-22 carbon atoms selected from the group consisting of PA 616, PA 618, PA 620, PA1016, PA 1018, PA 1020, PA1216, PA 1218, PA 1220, or mixtures thereof.
8. The method according to claim 1, wherein the thermoplastic polyamide powder is selected from the group consisting of PA 616, PA 1016, PA 1016/10I, PA 6/66/610/616, PA 620, PA 1020, or a mixture thereof.
9. The method according to claim 1, wherein the thermoplastic polyamide powder
has a melting point, measured in accordance with ISO 11357, of greater than 160° C., or in the range of 165-210° C.,
and/or has a glass transition temperature, measured by dynamic mechanical analysis in accordance with ISO 6721-2:2008 of at least 25° C.,
and/or is a ground or participated polyamide powder, and wherein in case of a ground powder it can be prepared by a cryogrinding process,
and/or has a relative viscosity, measured in m-cresol at a temperature of 20° C. and a concentration of 0.5 wt.-% according to ISO 307, in the range of 1.5-2.1, or in the range of 1.6-2.0,
and/or has a recrystallization temperature (Trc) in the range of 70-180° C., in the range of 80-170° C., or in the range of 80-160° C., or in the range of 80-150° C., or less than 148° C. or less than 145° C.,
and/or has a sinter window in the range of 5-90° C., or in the range of 6-80° C.
11. The method according to claim 1, wherein the thermoplastic polyamide powder is free from fillers and/or free from flame retardant additives and/or does not comprise aromatic building blocks,
or wherein the thermoplastic polyamide powder consists of the polyamide and further additives in an amount of not more than 20 weight % or 15 weight %, or in the range of 1-12 weight % or 5-10 weight %, relative to the total weight of the powder, and wherein the additive can be one or a combination of . . . flame retardants, including those selected from the group of organic or inorganic mono- or diphosphinates, including metal alkyl phosphinate, including aluminium diethyl phosphinate, alone or in combination with synergist compounds, including those containing nitrogen and/or phosphorous, including melem, melam, melon or other melamine or derivatives thereof.
As is clear from conflicting claims, they teach powders with 80-99% PA6 co-polyamides disclosed in the instant specification have the claimed characteristics, and explicitly recognized in conflicting claim 9 (melting temperature less than 175°C), for example; and 1-20% flame retardants.
Prior Art
Other prior art teaches SLS/SLM powders with PA6/12 or PA6/106 with mineral oxide flame retardants: US20210268726; US 20240010812 (specifically teaches powder compositions with components that fall within claimed ranges, phosphate flame retardant synergist); US20240359399; US 20180009982; US20200339751; US20190322805; US 20210403711; US20210388176; US20190248965; US 20220332922; WO 2021111481; US20240240033; WO2024099664.
Conclusion
No claims are allowed.
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/YUNG-SHENG M TSUI/ Primary Examiner, Art Unit 1743