DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 1 is 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 states “alternatively” then lists i, followed by “or” ii, and iii, followed by “or” before iv with an additional “or” before v., and this statement indicates that the invention is different from what is defined in the claims because a person of ordinary skill in the art would not be able to determine which of the “alternatives” need to be included and which do not. One could interpret that i or ii & iii or iv or v could be chosen, or there is typo and there should be “or” after ii and it should not be combined with iii.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim 1 is rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Kwon, et al. (US 2012/0028834).
Kwon discloses a color encoding method where a liquid composition filled with magnetic nanoparticles ([0004]) (a method of producing an encoded three-dimensional object produced by additive manufacturing procedures) wherein the magnetic nanoparticles inside a three-dimensional network structure ([0033]) with color encoded magnetic structure for identification ([0053]) (said encoding is provided by embedding in the three dimensional object one or more encoding materials that provide an identifiable signature unique to the specific object produced), the decoding of an encoded particle used for identification with a probe ([0056]) (said identifiable signature providing information to a user regarding the manufacture of said three dimensional object), comprising: the encoding materials come in one of four possibilities for each R, G, B value, which is measured for positioning ([0056]) (a. selecting one or more encoding materials having a measurable characteristic, said characteristic being measurable after construction of the three-dimensional object), b. alternatively material with nanoparticles dispersed in the material ([0005]) (i. adding the one or more encoding materials to an additive manufacturing build material before constructing the three-dimensional object, or ii. adding the one or more encoding materials to the additive manufacturing build material during or after dispensing iii. the one or more encoding materials to an additive manufacturing build material, or iv. adding the one or more encoding materials to an additive manufacturing build material before constructing the three-dimensional object and adding the one or more encoding materials to the additive manufacturing build material during or after dispensing the one or more encoding materials to an additive manufacturing build material, or v. or adding the one or more encoding materials to selected portions of the three- dimensional object after formation of the three dimensional object and applying a magnetic field to the composition to align the nanoparticles and applying an energy source to solidify the composition ([0004]-[0005]) (c. if the encoding material requires activating or aligning, activating or aligning the encoding material before the build material solidifies).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY C GRACE whose telephone number is (571)270-1113. The examiner can normally be reached Monday-Thursday 7:00 AM - 5:00 PM EST, Friday 7:00 AM - 11:00 AM EST.
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KELSEY C. GRACE
Examiner
Art Unit 1742
/CHRISTINA A JOHNSON/ Supervisory Patent Examiner, Art Unit 1742