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 § 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)(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.
Claim(s) 13 and 15-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by VOIT et al. (2016/0200044).
Regarding claim 13, VOIT et al. discloses a method for producing at least one
Earpiece [0037], the method comprising:
providing a cartridge comprising a transparent vial [0045], at least partially filled
with a curable liquid printing material [0032], [0046], a cap sealing the vial [0045] and at least one solid structure submerged in the liquid printing material ([0041], claim 16), inserting the cartridge into a printer configured for volumetric 3D printing [0029], providing the printer with data for the earpiece to be printed, determining a location of the submerged solid structure using optical means, printing the at least one earpiece around the at least one solid structure by volumetric 3D printing using the printer, extracting the at least one earpiece from the cartridge [0029].
Furthermore, VOIT et al. discloses controlling the height of the top level of the resin which floats on the Z-fluid within the cartridge [0032]. The height of the Z-fluid plus the resin is typically maintained at the focal plane of the projected image or at such as height (in situations of infinite focus laser projections) such that the projected image or trace is of desired size [0032], Fig. 7 (a location of the submerged solid structure is determined by optical means). The Z-fluid height is manipulated up and down in a process called “surface refreshing” such that a controlled thickness of resin is above the growing printed part (Fig.6) (printing part location is adjusted). Overall, the height of the liquid platform is controlled vertically in order to control the thickness of the resin (Claim 14).
Regarding claims 15-16, VOIT et al. discloses perforating the cap [0046] and post processing steps [0038].
Regarding claim 17, VOIT et al. discloses UV curing [0030].
Claim(s) 13-15 and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by GENTRY et al. (WO 2021/096873).
Regarding claims 13 and 20, GENTRY et al. discloses a method for producing at least one earpiece for a hearing instrument, the method comprising: providing a cartridge comprising a transparent vial [0047], at least partially filled with a curable liquid printing material ([0059], Fig.4-container 402), a cap sealing the vial (1300-Figs. 13-14) and at least one solid structure submerged in the liquid printing material, inserting the cartridge into a printer configured for volumetric 3D printing (Fig.5), [0065], providing the printer with data (a computer-readable medium, claim 29) for the earpiece to be printed, determining a location of the submerged solid structure using optical means [0074], printing the at least one earpiece around the at least one solid structure by volumetric 3D printing using the printer (Fig.5, [0065]), extracting the at least one earpiece from the cartridge [0108].
Furthermore, GENTRY et al. discloses the 3D printing apparatus (106) uses one or more lasers to determine a distance to the landmarks [0074] (determining a location of the submerged solid structure using optical means). In this way, 3D printing apparatus (106) may determine a position of faceplate (604) (along with the attached operative components) within the resin bath. Based on the position of faceplate (604), 3D printing apparatus (106) may translate and/or rotate a coordinate system of a virtual model of shell (606) accordingly and use the resulting coordinates as locations for 3D printing shell (606) (adjusting a printing part location of the printer to the determined location of the submerged solid structure).
Regarding claim 14, GENTRY et al. discloses radiating light beams [0063]-[0064].
Regarding claim 15, GENTRY et al. discloses removing the plug [0105], [0118].
Regarding claim 18, GENTRY et al. discloses removing the at least one earpiece [0089].
Regarding claim 19, GENTRY et al. discloses the at least one solid structure comprises a microphone [0092]-[0094].
Response to Arguments
Applicant's arguments filed 05/27/2026 have been fully considered but they are not persuasive.
Applicant argues Voit fails to disclose “determining a location of the submerged
solid structure using optical means, adjusting a printing part location of the printer to the determined location of the submerged solid structure, printing, based on the adjusting, the earpiece around the submerged solid structure by volumetric 3D printing using the printer”.
Examiner respectfully disagrees. Voit discloses controlling the height of the top level of the resin which floats on the Z-fluid within the cartridge [0032]. The height of the Z-fluid plus the resin is typically maintained at the focal plane of the projected image or at such as height (in situations of infinite focus laser projections) such that the projected image or trace is of desired size [0032], Fig. 7 (a location of the submerged solid structure is determined by optical means). The Z-fluid height is manipulated up and down in a process called “surface refreshing” such that a controlled thickness of resin is above the growing printed part (Fig.6) (printing part location is adjusted). Overall, the height of the liquid platform is controlled vertically in order to control the thickness of the resin (Claim 14).
Applicant argues Gentry does not disclose a cap that is placed on the container to seal the container. Hence, Gentry does not disclose “a cap sealing the vial”.
Examiner respectfully disagrees. Gentry discloses in Fig.14, a port block and support (1302) wherein the part (1300) is a cap that seals the resin bath (1402). Therefore, Gentry discloses a cap (1300) that is placed on the container (1402) to seal the container (1402) as claimed.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/Primary Examiner, Art Unit 1742
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