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 .
Election/Restrictions
Applicant’s election of Group I (Claims 1-12) in the reply filed on 05/29/2026 is acknowledged. Because applicant did not provide any statement/reasons indicating traversal of the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01). Applicant failed to make election of Species. However, Examiner withdraws the species restriction of all the species set forth in the CTRS dated 05/26/20262 in view of the prior art found applicable to the species. Accordingly, claim(s) 13-15 is/are withdrawn as being drawn to nonelected groups and claim(s) 1-12 is/are examined herein.
Claim Interpretation
The term “human engageable product” has been interpreted below in view of Applicant’s description of the term in at least [0009-0013] of Applicant’s published application.
The “human wearable product” has been interpreted below in view of Applicant’s description of the term in at least [0001, 0010-0011] of Applicant’s published application.
The term “a product to support a portion of a human” has been interpreted below in view of Applicant’s description of the term in at least [0010-0013] of Applicant’s published application.
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(s) 9 and 12 is/are 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 9 recites the limitation “the gas generating material is selected from carbohydrazide, urea, a urea homologue, a carbamide-containing compound, ammonium carbonate, ammonium nitrate, ammonium nitrite, or a combination thereof” which is indefinite because the list of alternatives is not a closed group. The limitation should recite --is selected from the group consisting of-- to be a proper Markush group. See MPEP §§ 2111.03 II, 2117, 2173.05(h). Furthermore, the language does not clearly set forth the metes and bounds of the patent protection desired because “carbamide-containing compound” is a broad limitation and “urea” and “urea homologue” are narrower limitations that may fall within the broad limitation. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) is considered indefinite, since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
Claim 12 recites the term “about”. The term “about” is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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)(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.
Claim(s) 1-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Busbee (US 20190037960 – of record).
Regarding claims 1-6, Busbee (US 20190037960 – of record) discloses a method of building a human engageable product using an additive manufacturing process (3D printing method for producing footwear, orthotic, and/or prosthetic printed article: P0004, 0048-0051, 0097-0102, Fig. 13; wherein the footwear, orthotic, and/or prosthetic printed article read on the term human engageable product), comprising:
receiving a model representing the human engageable product to be built (P0098-0099, Fig. 13), the model containing information indicating spatial regions in the human engageable product with a physical property different than other spatial regions in the human engageable product (P0098-0099, 0050, Fig. 1C, claim 6); and
selectively applying a gas generating agent onto build material layers during the additive manufacturing process based on the information in the model (3D printing material layers during the additive manufacturing process based on the information in the model: P0100-0102; wherein the 3D printing includes selectively printing at least one liquid/material comprising a chemical blowing agent which generates a gas upon an increase in temperature: P0048, 0124, 0225), wherein the gas generating agent is applied to locations of the build material layers corresponding to the indicated spatial regions (P0048, 0050, P0097-0102), and wherein the gas generating agent comprises a gas generating material that chemically reacts at a temperature to generate a gas (P0048, 0124, 0225; See ordinary definition of chemical blowing agent),
wherein the human engageable product comprises a human wearable product (wherein the printed article comprises footwear, orthotic, and/or prosthetic printed articles: P0004, 0051, 0243, Fig. 13),
wherein the human engageable product comprises a product to support a portion of a human (wherein the printed article comprises a shoe capable of supporting, holding, and/or contacting a feet of a human, part of the shoe such as a sole capable of supporting, holding, and/or contacting a bottom portion of a feet of a human and/or an ankle support for supporting an ankle of a human, and/or a wrist brace for supporting a wrist: P0051, 0077, 0093, 0243, Fig. 2);
wherein the physical property is a material density (P0040, 0093, 0098, 0113, claim 6; furthermore, the selective generation of gas yields different porosities which intrinsically yield different material densities in view of the well-known correlation of material porosity and material density),
wherein the physical property is a stiffness (P0040, 0093, 0098, 0113, claim 6; furthermore, the selective generation of gas yields different porosities which intrinsically yield different stiffness in view of the well-known correlation of material porosity and stiffness), and
wherein the physical property is strength (P0040, 0093, 0098, 0113, claim 6; furthermore, the selective generation of gas yields different porosities which intrinsically yield different strength in view of the well-known correlation of material porosity and strength).
Regarding claim 7, Busbee further discloses a step of determining, by a controller (computer with a computer program comprising instructions for executing the disclosed method) of an additive manufacturing machine (3D printer) based on the model of the human engageable product, locations of the spatial regions indicated with the physical property different than the other spatial regions, wherein the selective application of the gas generating agent is based on the determined locations (P0093-0102, 0113).
Regarding claim 8, Busbee further discloses wherein the human engageable product comprises an orthotics product (P0051, 0243).
Regarding claim 9, Busbee further discloses exposing the build material layers to energy (P0120, 0134, 0160, 0173), to cause heating of the gas generating agent to the temperature to generate the gas in the build material layers (P0048, 0120, 0134, 0173, 0225-0227).
Regarding claim 11, Busbee further discloses wherein the gas generating material comprises a liquid vehicle, a surfactant or a combination thereof (P0122, 0220, 0223).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Busbee as applied to claim 1 above, and further in view of Discekici (US 20220089892 – of record).
Regarding claim 10, Busbee further discloses/suggests that any known chemical blowing agent can be used as the gas generating material (P0225), but Busbee fails to disclose wherein the gas generating material is selected from the group consisting of carbohydrazide, urea, a urea homologue, a carbamide-containing compound, ammonium carbonate, ammonium nitrate, ammonium nitrite, or a combination thereof.
In the same field of endeavor, additive manufacturing methods using a gas generating material that chemically reacts at a temperature to generate a gas in order to provide different properties/porosity to selective/predetermined spatial regions in a printed object, Discekici discloses that carbohydrazide, urea, a urea homologue, a carbamide-containing compound, ammonium carbonate, ammonium nitrate, ammonium nitrite, or a combination thereof is a suitable/efficient gas generating material in the art (P0008, 0045, 0076, claim 2). Discekici further discloses the technique of including a liquid vehicle, a surfactant, a chelating agent (“sequestering agent” or “chelating agent”) or a combination thereof in the gas generating material for the benefit(s) of improving printability of the gas generating material (P0049, Table 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the method of Busbee in view of Discekici by using/selecting a carbohydrazide, a urea, a urea homologue, a carbamide-containing compound, ammonium carbonate, ammonium nitrate, ammonium nitrite, or a combination thereof as the gas generating material as this is known suitable/efficient gas generating material as suggested by Discekici. See MPEP §§ 2143 I B, 2143 I C, 2143 I G, and/or 2144.07.
Regarding claim 12, Busbee further discloses/suggests that a temperature at which the gas is generated is at an elevated temperature (P0225) or a temperature at which the polymer containing it is soft and malleable (P0228), but Busbee fails to explicitly disclose a temperature range of 100 °C to 250 °C.
Discekici further discloses that a carbohydrazide, urea, a urea homologue, a carbamide-containing compound, ammonium carbonate, ammonium nitrate, ammonium nitrite, or a combination thereof is a suitable/efficient gas generating material in the art (P0008, 0045, 0076, claim 2) and a temperature within
a temperature range of 100 °C to 250 °C as a suitable/desirable elevated temperature at which the gas is generated from the gas generating material and the temperature at which the polymer containing melts or softens (P0008-0009, 0046).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the method of Busbee in view of Discekici by using/selecting the temperature at which the gas is generated within a range from about 100 °C to about 250 °C as this is known suitable temperature for the gas generating material as suggested by Discekici. See MPEP §§ 2143 I B, 2143 I C, 2143 I G, and/or 2144.07.
Conclusion
Additional prior art made of record and not relied upon that is considered to be pertinent to
Applicant’s disclosure.
Briden (US 20240342987) discloses a relevant method of building a product using an additive manufacturing process using a gas generating material that chemically reacts at a temperature to generate a gas in order to provide different porosity to selective/predetermined spatial regions of the product (All document specially abstract and Fig. 3).
Tow (US 20160374431 – of record) discloses a relevant method of building a human engageable product using an additive manufacturing process comprising techniques to customize properties of the printed human engageable product (All document specially abstract and Fig. 8).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERZI H MORENO HERNANDEZ whose telephone number is (571)272-0625. The examiner can normally be reached 1:00-10:00 PM PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JERZI H. MORENO HERNANDEZ
Primary Examiner
Art Unit 1743
/JERZI H MORENO HERNANDEZ/Primary Examiner, Art Unit 1743
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