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 .
Election/Restrictions
Applicant's election with traverse of claims 1-8 in the reply filed on 03/16/2026 is acknowledged. The traversal is on the ground(s) that since all claims depend from claim 1, all claims have unity of invention and the Restriction Requirement should be withdrawn. This is not found persuasive because:
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), an international application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in an international application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
WHEN CLAIMS ARE DIRECTED TO MULTIPLE PROCESSES, PRODUCTS, AND/OR APPARATUSES
Products, processes of manufacture, processes of use, and apparatuses are different categories of invention. When an application includes claims to more than one product, process, or apparatus, , the first invention of the category first mentioned in the claims of the application and the first recited invention of each of the other categories related thereto will be considered as the “main invention” in the claims. In the case of non-compliance with unity of invention and where no additional fees are timely paid, the international search and/or international preliminary examination, as appropriate, will be based on the main invention in the claims. See PCT Article 17(3)(a), 37 CFR 1.475(d), 37 CFR 1.476(c) and 37 CFR 1.488(b)(3).
As provided in 37 CFR 1.475(b), an international application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475(c).
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-8 drawn to a method.
Group II, claim(s) 9-13 drawn to a system.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
The inventions listed as Groups I and II do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons: The special technical feature between Groups I and II is the method for producing a three-dimensional object from a curable binder composition with an additive manufacturing process as claimed in claim 1. However, DE 102020124782 – of record discloses said method of claim 1 (Fig.1, [0022], [0023], [0029]) as described below.
Because the special technical feature does not define a contribution over the prior art, unity of invention is lacking between the two groups.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected invention.
If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103(a) of the other invention.
The requirement is still deemed proper and is therefore made FINAL.
Claims 9-13 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 03/16/2026.
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) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by BIERBAUMER et al. (DE 10202014782-of record).
Regarding claim 1, BIERBAUMER et al. discloses a method for producing a three-dimensional object comprising the steps of:
providing a curable binder composition in a setting state [0016];
conveying the curable binder composition in the setting state via a supply line to a printing head (5) movable in at least one spatial direction,
applying the curable binder composition in the setting state by means of the printing head (5), wherein the curable binder composition is preferably applied layer-by-layer, to form the three-dimensional object (Fig.1),
determining a pressure drop over a length section of the supply line with at least two pressure measuring device(s) (2,4; [0022], [0029]),
optionally, determining a flow rate of the curable binder composition in the supply line [0029],
optionally determining a temperature of the curable binder composition in the supply line,
a control device 10 is provided wherein signals from the pressure sensors (2, 4) are fed to the control device as input signals; the controller sends control signals to the drive motor, to the material metering device, and to the drive for moving the nozzle needle (see arrows P2-P4, Fig.1) (wherein a proportion of a constituents of the curable binder composition in a mixing unit are automatically adjusted with a control unit such that the pressure drop is within a pre-determined range of target values for pressure drop).
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over BOON et al. (WO 2020/187633).
Regarding claim 1, BOON et al. discloses a method for producing a three-dimensional object comprising the steps of:
providing a curable binder composition in a setting state;
conveying the curable binder composition in the setting state via a supply line (12) to a printing head (3) movable in at least one spatial direction,
applying the curable binder composition in the setting state by means of the printing head (3), wherein the curable binder composition is preferably applied layer-by-layer, to form the three-dimensional object (Fig.1),
determining a pressure drop over a length section of the supply line with a pressure measuring device (8),
optionally, determining a flow rate of the curable binder composition in the supply line,
optionally determining a temperature of the curable binder composition in the supply line,
wherein a proportion of a constituents of the curable binder composition in a mixing unit (10) are automatically adjusted with a control unit (14) such that the pressure drop is within a pre-determined range of target values for pressure drop (claims 1-14).
BOON et al. is silent to more than one said pressure measuring device (8). However, it would have been a matter of choice which one of ordinary skill in the art would have found obvious absent persuasive evidence that having two pressure measuring devices was significant. The duplication of the pressure measuring device has no patentable significance unless a new and unexpected result is produced.
Regarding claims 2-3, BOON et al. discloses the control and/or regulation is advantageously carried out in such a way that the measured chemical and/or physical property, in particular the pressure and/or the viscosity, of the setting building material has a defined target value, with different target values in particular for different sections of the object to be generated can be or are defined. The viscosity of the setting building material is measured (claim 8).
Regarding claim 4, BOON et al. discloses to control and / or control the solidification and / or hardening processes. For example, the temperature of the hardening building material can be adjusted if the ambient conditions change. The setting or hardening processes for different sections of the object to be produced can also be changed by adjusting the temperature. According to a particularly preferred embodiment, a chemical and / or physical property of the setting building material is measured in the mixing device, in the conveying line, in the print head and / or after it has been dispensed from the print head. Furthermore, the composition and nature of the setting building material can be kept constant and / or adjusted in a targeted manner. The control and / or regulation is advantageously carried out in such a way that the measured chemical and / or physical property of the hardening building material has a defined target value, in particular different target values can or are defined for different sections of the object to be produced.
Regarding claim 5, BOON et al. discloses mixing the dry mineral binder composition with 10 to 25% by weight, preferably 12 to 22% by weight, more preferably 14 to 20% by weight, water, and optionally also 0.01 to 2% by weight polycarboxylate ether, based on the total weight of the dry Binder composition, a water-containing mineral binder composition which is optimal for the process is obtained in the setting state. Mixing with water is preferably carried out using a continuous mixer.
Regarding claim 6, BOON et al. discloses adding an additive (claim 5).
Regarding claim 7, BOON et al. discloses the mixing device 10 is designed as a dynamic mixer (claims 2-3).
Regarding claim 8, BOON et al. discloses the mixing device 10 is connected to the control unit 14 via a first control line 15a, while the feed device is connected to the control unit 14 via a second control line 15b. This allows the individual components to be integrated into the Dose containers 11.1, 11.2, 11.3 into the mixing device 10 via the central control unit in accordance with prescribed recipes stored in the control unit and convey them into the flexible line 12 at adjustable delivery rates. Furthermore, The measuring unit 8 is connected to the control unit 14 by a data line 15h, so that pressure data recorded in the measuring unit can be transmitted to the control unit 14. Similarly, the measuring unit 13 is connected to the control unit 14 by a data line 15f, so that data recorded in the measuring unit, which characterize the flow properties, can be transmitted to the control unit 14.
The control unit 14 is programmed, for example, so that:
(i) that the addition rates of the three components of the hardenable building material are controlled with the feed device 9 as a function of the flow properties of the hardenable building material in the flexible line determined by the measuring unit 13;
(ii) the conveying device integrated in the mixing device 10 is controlled as a function of the pressure 8 determined by the measuring unit 8 and the structure of the object to be produced with the hardenable building material;
(iii) the rate of addition of the additive via the inlet nozzle 5 is controlled as a function of the flow properties of the hardenable building material determined via the measuring unit 13 and the structure of the object to be created; (iv) the degree of ventilation of the hardenable building material in the device 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) COHEN et al. (10,254,499) discloses additive manufacturing
b) PRIDOHL et al. (WO 201407248) discloses use and production for coated filaments for extrusion-based 3D printing processes.
c) LOOTENS et al. (EP 2518469) discloses rheology measuring device and method for calculating at least one viscosity value.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/ Primary Examiner, Art Unit 1742
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