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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/04/2025 is being considered by the examiner.
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 2-24 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,383,529 in view of U.S. Patent 12,202,250.
Regarding claim 2, claim 1 of U.S. Patent ‘529 teaches a system for printing ink onto a three-dimensionally (3D) printed article, the system comprising:
a fabrication platform configured to fabricate a 3D printed article from a pre-polymer (claim 1 lines 38-39, the molded device corresponds to the 3D printed article);
an inkjet device configured to apply an ink to a portion of the 3D printed article (claim 1 lines 42-45);
a heater configured to heat the portion of the 3D printed article and the applied ink to an elevated temperature (claim 1 lines 40-41); and
an energy source configured to cure the applied ink after the portion of the 3D printed article (claim 1 lines 46) with the applied ink has been maintained at the elevated temperature for a soak time.
Claim 1 of U.S. Patent ‘529 does not explicitly teaches wherein the applied ink has been maintained at the elevated temperature for a soak time.
However, claim 1 of U.S. Patent ‘250 teaches applied ink maintained at the elevated temperature for a soak time (claim 1 lines 42-44).
Therefore, it would have been obvious for a person of ordinary skill in the art, as of the effective filing date of the claimed invention, to include maintaining elevated temperature for a soak time in claim 1 of U.S. Patent ‘529 based on the teachings of claim 1 of U.S. Patent ‘250 for instance to improve ink adhesion performance.
Regarding claim 3, claim 2 of U.S. Patent ‘250 teaches wherein the 3D printed article comprises a 3D printed dental appliance (claim 2).
Regarding claim 4, claim 2 of U.S. Patent ‘250 teaches wherein the 3D printed article comprises one or more of an aligner, a retainer, a palatal expander, or a mouthguard (claim 2).
Regarding claim 5, claim 1 of U.S. Patent ‘529 teaches wherein the fabrication platform comprises a 3D printer (claim 1 line 42).
Regarding claim 6, claim 6 of U.S. Patent ‘529 teaches wherein the pre-polymer comprises a pre-polymer of one or more of the following: a polyolefin, a polyester, a polyacrylate, a polymethacrylate, a polystyrene, a polypropylene, a polyethylene, a polyethylene terephthalate, a polylactic acid, a polyurethane, an epoxide polymer, a polyether, a poly(vinyl chloride), a polysiloxane, a polycarbonate, a polyamide, a polyacrylonitrile, a polybutadiene, or a poly(cycloolefin) (claim 6).
Regarding claim 7, claim 1 of U.S. Patent ‘529 teaches wherein the fabrication platform is configured to polymerize the pre-polymer into a 3D shape corresponding to a desired geometry of the 3D printed article (claim 1 lines 38-39).
Regarding claim 8, claim 4 of U.S. Patent ‘529 teaches wherein the ink comprises a dye, a pigment, or a combination thereof (claim 4).
Regarding claim 9, claim 1 of U.S. Patent ‘529 teaches wherein the inkjet device comprises a nozzle configured to apply the ink to the portion of the 3D printed article (claim 1 lines 42-45 the printer includes nozzle to applying the ink).
Regarding claim 10, claim 1 of U.S. Patent ‘529 teaches wherein the nozzle is movable (claim 1 lines 42-45 the printer includes scanning head which includes the nozzle).
Regarding claim 11, claim 1 of U.S. Patent ‘529 teaches wherein the inkjet device is configured to heat the ink before the ink is applied to the portion of the 3D printed article (claim 1 lines 40-45).
Regarding claim 12, claim 1 of U.S. Patent ‘529 teaches further comprising a substrate support configured to hold the 3D printed article (claim 1 line 47).
Regarding claim 13, claim 5 of U.S. Patent ‘529 teaches wherein the substrate support is movable (claim 5).
Regarding claim 14, claim 8 of U.S. Patent ‘250 teaches wherein the heater is configured to heat the portion of the 3D printed article via one or more of the following: infrared heating, microwave radiation, contact heating, ultrasonic waves, radiofrequency heating, hot air, or hot liquid (claim 8).
Regarding claim 15, claim 1, 19 of U.S. Patent ‘250 teaches wherein the heater is configured to heat a printable area comprising the portion of the 3D printed article (claim 1, claim 19).
Regarding claim 16, claim 17 of U.S. Patent ‘250 teaches further comprising a temperature sensor configured to measure a temperature in or adjacent to the printable area (claim 17).
Regarding claim 17, claim 17 of U.S. Patent ‘250 teaches wherein the inkjet device is configured to apply the ink to the portion of the 3D printed article after the measured temperature reaches the elevated temperature (claim 17).
Regarding claim 18, claim 13 of U.S. Patent ‘250 teaches wherein the energy source is a light source configured to output light to cure the ink (claim 13).
Regarding claim 19, claim 13 of U.S. Patent ‘250 teaches wherein the light comprises ultraviolet light, visible light, or a combination thereof (claim 13).
Regarding claim 20, claim 2 of U.S. Patent ‘529 teaches wherein the 3D printed article comprises a material having a glass transition temperature, and wherein the elevated temperature is less than the glass transition temperature (claim 2).
Regarding claim 21, claim 2 of U.S. Patent ‘529 teaches wherein the 3D printed article comprises a material having a glass transition temperature, and wherein the elevated temperature is greater than the glass transition temperature (claim 2).
Regarding claim 22, claim 11 of U.S. Patent ‘250 teaches wherein the soak time is configured to achieve a desired maximum penetration depth of the ink into the 3D printed article (claim 11).
Regarding claim 23, claim 12 of U.S. Patent ‘250 teaches wherein the maximum penetration depth is at least 10 μm below a surface of the 3D printed article (claim 12).
Regarding claim 24, claim 10 of U.S. Patent ‘250 teaches wherein the soak time is less than or equal to 30 seconds (claim 10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENOK D LEGESSE whose telephone number is (571)270-1615. The examiner can normally be reached General Schedule 9:00 am- 5:00 pm, IFP.
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/HENOK D LEGESSE/Primary Examiner, Art Unit 2853
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