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 .
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 1-4,6-10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. US 11396725 in view of Lisagor, US 10695992.
Regarding Claim 1 the reference patent US 11396725 discloses method for three-dimensional printing a print material comprising cross linkable onto a permeable material (Claim 1), and printing a bonding layer of the print material for the three-dimensional pattern directly onto the permeable fabric at a first printer setting; and printing a build layer of the print material for the three-dimensional pattern directly onto the base layer of the print material at a second printer setting (Claim 1). Further, prior art discloses Lisagor US 10695992 that the print material comprising cross linkable onto a permeable material comprising: coating a portion of a print plate of a three-dimensional printer with an adhesive material (Claim 1); providing a prompt to place the permeable material on the adhesive material on the print plate (Claim 1); positioning a print head of a three-dimensional printer to a position within 1 millimeter above the permeable material on the print plate (Claim 1).
It would have been obvious for one ordinary skilled in the art, to combine the teaching of reference patent US 11396725 with that of Lisagor’s teaching of coating the portion of a print plate of a three-dimensional printer with an adhesive material to print 3D objects directly on the permeable material.
Claim 2 ,rejected on the ground of nonstatutaory double patenting as being unpatentable over Claim 2, of the reference patent US 11396725
Claim 3 rejected on the ground of nonstatutaory double patenting as being unpatentable over Claim 3, of the reference patent US 11396725.
Claim 4 rejected on the ground of nonstatutaory double patenting as being unpatentable over Claim 1, 11396725
Claim 6 rejected on the ground of nonstatutaory double patenting as being unpatentable over Claim 4, 11396725
Regarding Claim 7, the reference patent US 11396725 discloses method for three-dimensional printing a print material comprising a cross-linkable polymer onto a permeable material (Claim 1). Further, prior art discloses Lisagor US 10695992 that the comprising: a) positioning a print head of a three-dimensional printer to a position within 1 millimeter above a portion of the permeable material on a print plate (claim 1); b) printing a bonding layer of the print material for the three-dimensional pattern directly onto the permeable fabric at a first printer setting; c) printing build layers of the print material for the three-dimensional pattern on the bonding layer of the print material at a second printer setting (claim 1); d) completing 3D objects; e) moving the permeable material to position a print head adjacent to a unprinted portion of the permeable material; and f) repeating steps a-e. (Claim 18).
It would have been obvious for one ordinary skilled in the art, to combine the teaching of reference patent US 11396725 with that of Lisagor’s teaching of positioning a print head of a three-dimensional printer to a desired position for the purpose of printing the bonding layer on the permeable material.
Claim 8 ,rejected on the ground of nonstatutaory double patenting as being unpatentable over Claim 2, of the reference patent 11396725
Claim 9 ,rejected on the ground of nonstatutaory double patenting as being unpatentable over Claim 3, of the reference patent 11396725
Claim 10 ,rejected on the ground of nonstatutaory double patenting as being unpatentable over Claim 1, of the reference patent 11396725.
Claims 5 and 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 11396725 in view of Lisagor, US 10695992 further in view of Burazin (US 20180209096)
Regarding Claims 5 and 11 , the reference patent US 11396725 discloses polymer is cross-linkable but didn’t disclose that the polymer is UV curable. In the related field of endeavor pertaining to the art, Burazin discloses that the polymer is UV curable ([0070].
It would be obvious for one ordinary skilled in the art to combine the teaching of the reference patent with that of Burazin’s UV curable polymer for the purpose of faster curing time.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBJANI ROY whose telephone number is (571)272-8019. The examiner can normally be reached 9:30-5:30 pm.
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/DEBJANI ROY/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741