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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 20th, 2026, has been entered.
Response to Amendment
In view of the amendment, filed on January 20th, 2026, the following are withdrawn from the previous office action, mailed on October 20th, 2025.
Rejections of claims 59 and 68 under 35 U.S.C. 112(b)
Rejections of claims 48-70 under 35 U.S.C. 103 are withdrawn
Response to Arguments
Applicant’s arguments concerning the Sanders reference, see remarks filed January 20th, 2026, with respect to the rejections of claims 48-70 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of newly found prior art reference of Thijssen et al. (NPL 1).
Applicant argues Lecompere does not disclose volumetric processing or the use of multiple different wavelengths to trigger polychromatic multi-photon polymerization in different partial volumes. Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See MPEP 2145 (IV). The rejection of claim 48 is based on a combination of Garmshausen and Lecompere, wherein Garmshausen discloses the use of multiple different wavelengths to trigger polychromatic multi-photon polymerization in different partial volumes. Lecompere was used to teach that it was known in the art of additive manufacturing that optical elements can be formed by photopolymerization. Garmshausen and Lecompere both disclose additive manufacturing techniques that manufacture 3D dimensional articles/bodies by photopolymerization. Therefore, it would have been obvious to one of ordinary skill in the art to apply the technique of Garmshausen to manufacture an optical element with a reasonable expectation of success. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a conclusion of obviousness. See MPEP 2143 I(D).
Applicant argues the claims recite a yield strength greater than the static shear loading by the object. Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (“a yield strength greater than the static shear loading by the object”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See MPEP 2145 (VI). Examiner also notes that “so that the green body is fully supported in the starting material and does not sink at all” in not attributed to the yield strength, but to “the construction or printing direction of the optical element is expediently selected so as to be at an angle, in particular a right angle, to the main extension plane” as per page 37 of the specification on file.
New Grounds of Rejection
Claim Objections
Claims 49, 51, 63 and 68 are objected to because of the following informalities:
Claim 49, line 19, “an optical element” should say “the optical element” for claim language consistency. This limitation is first introduced in claim 48, line 1.
Claim 51, line 4, “a yield strength of at least 0.1 Pa” should be removed. This limitation is already recited in claim 48, line 4, as “a yield strength greater than or equal to 0.1 Pa” and therefore this limitation fails to further limit the claim.
Claim 63, line 4, “the main extension plane” should say “the main extension plane.” in order to add a period to close the sentence.
Claim 69, line 5, “a polychromic multi-photon polymerization” should say “the polychromic multi-photon polymerization” for claim language consistency. This limitation is first introduced in claim 48, lines 8-9.
Appropriate correction is required.
Claim Interpretation
Claim 48 recites the limitation “a green body” in lines 27-28. Under broadest reasonable interpretation, this limitation is understood to mean an unfinished and/or a not final product.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 48-52, 54-67, 69 and 70 are rejected under 35 U.S.C. 103 as being unpatentable over Garmshausen et al. (WO 2021089090 A1; hereafter Garmshausen; paragraph numbers correspond to English equivalent patent family member US 20220410473 A1), in view of Lecompere et al. (US 20220118705 A1; hereafter Lecompere), Thijssen et al. (NPL 1; hereafter Thijssen) and evidenced by Sanders et al. (US 20250303639 A1; hereafter Sanders).
Regarding claim 48, Garmshausen discloses a method for producing a three-dimensional body ([0017]; producing a three-dimensional body layer by layer using a starting material) by processing an optically reactive material ([0014]; starting material is optically reactive), comprising:
- providing a starting material ([0014]), which is optically reactive ([0014]) and fills a working volume ([0014]; a working volume);
- optically processing the starting material in the working volume by way of irradiation of light of a first wavelength ([0014]; irradiating light of a first wavelength) and light of a second wavelength ([0014]; light of a second wavelength), wherein at least one material property of the starting material is changed by way of the optical processing ([0014]) via triggering a polychromic multi-photon polymerization ([0029]; polychromatic multi-photon polymerization) in the starting material by means of the optical processing, which causes the change in the at least one material property of the starting material ([0029]; optical processing triggers polychromatic multi-photon polymerization in the starting material to change the at least one material property of the starting material),
and wherein the optical processing comprises the following:
- irradiating a first layer partial volume of the working volume filled with the starting material with the light of the first wavelength ([0014]; irradiating a first partial layer volume of the working volume filled with the starting material with the light of the first wavelength;);
- irradiating the first layer partial volume of the working volume with the light of the second wavelength ([0014]; irradiating the first partial layer volume of the working volume with the light of the second wavelength), wherein the light of the second wavelength is in this case projected into the working volume ([0014]; the light of the second wavelength is projected into the working volume by means of a projection device);
- irradiating a second layer partial volume ([0014]; second partial layer volume) of the working volume filled with the starting material, which is different from the first layer partial volume, with the light of the first wavelength ([0014]; irradiating a second partial layer volume of the working volume filled with the starting material, with the starting material, which is different from the first partial layer volume, with the light of the first wavelength);
- irradiating the second layer partial volume of the working volume with the light of the second wavelength, wherein the light of the second wavelength is in this case projected into the working volume ([0014]; irradiating the second partial layer volume of the working volume with the light of second wavelength, wherein the light of second wavelength is projected into the working volume by means of the projection device);
and - repeating the steps for layer-wise optical processing ([0014]; repeating the preceding steps for layer-by-layer optical processing) of the starting material in the working volume until a volume of the starting material to be processed, which is gathered entirely or in part by the working volume, is optically processed ([0014]; of the starting material in the working volume until a volume of the starting material to be processed, which captures the working volume wholly or partially, is optically processed).
While Garmshausen does not explicitly disclose the second wavelength is greater than the first wavelength, Garmshausen discloses the second wavelength is different from the first wavelength ([0013]). A person of ordinary skill in the art, upon reading this disclosure of Garmshausen, would have recognized that the second wavelength being greater than the first wavelength is one of a finite number of possibilities for the relative difference in the first and second wavelengths, with the other possibility being the first wavelength being greater than the second wavelength. Therefore, it would have been obvious to a person of ordinary skill in the art at the time of the invention to try the second wavelength being greater than the first wavelength because a person with ordinary skill has good reason to pursue the known option within his or her technical grasp. "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but or ordinary skill and common sense." See MPEP 2144.05 (II). As evidenced by specification ([0059-0060]) of Sanders, wherein the first wavelength is in a range of about 375 nm to about 460 nm and the second wavelength is in a range of about 470 nm to about 700 nm, there would have been more than a reasonable expectation of success in selecting such a configuration for the first and second wavelengths.
Garmshausen does not explicitly disclose the three-dimensional body is an optical element, a green body is formed from the starting material, further processing the green body, such that the optical element is formed at least in part from the green body, the starting material has a yield strength greater than or equal to 0.1 Pa and the second wavelength is greater than the first wavelength.
However, Lecompere teaches a method of producing an optical element ([0010]) by optically processing an optically reactive starting material ([0074]; photopolymerization of photopolymer resin) in a working volume (Fig. 2; [0092]; container 10) by irradiation of light of a first wavelength ([0012]; first curing surface energy, wherein light energy and wavelength are related by formula E = hc/λ) and light of a second wavelength ([0013]; second curing surface energy, wherein light energy and wavelength are related by formula E = hc/λ) that is different from the first wavelength (Fig. 10; [0062]; the first curing surface energy and the second curing surface energies are different, wherein light energy and wavelength are related by formula E = hc/λ), such that a green body ([0111]; initially formed photopolymerized object) is formed from the starting material and the optical element is formed by further processing the green body ([0111]; additional thermal curing after the additive manufacturing process to form the final object).
Garmshausen and Lecompere are both considered to be analogous to the claimed invention because they are in the field of dual wavelength three-dimensional printing by photopolymerization. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Garmshausen with the teachings of Lecompere to provide the three-dimensional body is an optical element, a green body is formed from the starting material and further processing the green body, such that the optical element is formed at least in part from the green body. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a conclusion of obviousness. See MPEP 2143 I(D). Doing so would allow for the manufacture of optical elements with improved optical quality by reducing optical defects (Lecompere [0162, 0165]) in a cost-efficient and effective manner.
Garmshausen, in view of Lecompere, does not explicitly disclose the starting material has a yield strength greater than or equal to 0.1 Pa and the second wavelength is greater than the first wavelength.
However, Thijssen teaches a starting material (Pg. 10, Col. 2, 1st ¶; E-PCL 2300) for volumetric three-dimensional printing (Pg. 10, Col. 2, 1st ¶) comprising a yield strength greater than or equal to 0.1 Pa (Pg. 8, table 4; E-PCL 2300 has a yield strength of 4.4 ± 0.5 MPa). Please note that as per https://advanced.onlinelibrary.wiley.com/doi/full/10.1002/adma.202210136 this article was first published February 24th, 2023.
Garmshausen and Thijssen are both considered to be analogous to the claimed invention because they are in the field of volumetric three-dimensional printing. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to substitute the starting material of Garmshausen, in view of Lecompere, with the starting material of Thijssen to provide the starting material has a yield strength greater than or equal to 0.1 Pa. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Doing so would allow highly complex geometries with small features to be printed by the volumetric three-dimensional printing (Thijssen Pg. 10, Col. 2, 1st ¶) and therefore allow for the manufacture of a greater variety of objects.
Regarding claim 49, modified Garmshausen discloses the method according to Claim 48, wherein Lecompere further teaches the further processing of the green body comprises at least one of photochemically ([0223]; UV post curing) and/or thermally post-curing ([0223]; thermal treatment to post-cure) the green body. Garmshausen and Lecompere are both considered to be analogous to the claimed invention because they are in the field of dual wavelength three-dimensional printing by photopolymerization. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Garmshausen with the teachings of Lecompere to provide the further processing of the green body comprises at least one of photochemically and/or thermally post-curing the green body. Doing so would relax the internal stress in the green body formed by the optical processing (Lecompere [0223]).
Regarding claim 50, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses the light of the first wavelength and the light of the second wavelength are irradiated simultaneously and together into the first or the second layer partial volume, at least for a temporal overlap period ([0020]; the light of the first wavelength and the light of the second wavelength can be irradiated simultaneously together into the first or the second partial layer volume at least for a temporal overlap time period).
Regarding claim 51, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses the starting material comprises a transparent ([0008]; starting material is transparent) organic polymer (table in [0029]; starting material comprises pentaerythritol-tetraacrylate).
Regarding claim 52, modified Garmshausen discloses the method according to Claim 48, wherein Lecompere further teaches the formation of the optical element comprises the formation of an optical lens ([0039]; the optical element is an ophthalmic lens). Garmshausen and Lecompere are both considered to be analogous to the claimed invention because they are in the field of dual wavelength three-dimensional printing by photopolymerization. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Garmshausen with the teachings of Lecompere to provide the formation of the optical element comprises the formation of an optical lens. Doing so would allow for the manufacture of an ophthalmic lens with improved optical quality by reducing optical defects (Lecompere [0162, 0165]) in a cost-efficient and effective manner.
Regarding claim 54, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses the irradiation with light of the first wavelength and/or light of the second wavelength takes place using a plurality of light sources ([0070-0071]; arrangement of light sources), such that light is irradiated into layer partial volumes which overlap at least in part ([0046]; lights are irradiated in an overlapping manner in the working volume 2 to trigger an optically activated reaction in a partial layer volume 4).
Regarding claim 55, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses it is determined whether the first or the second layer partial volume is irradiated with the first wavelength ([0064]; the intensity of the whole transmitted or emitted light can be measured by means of a single photodetector and/or the spatially resolved intensity can be recorded by means of a camera. The detectors can selectively measure only certain light wavelengths of the projector 7, the light section generator 5 or the light emitting, excited photoinitiators by means of upstream filters or spectrographs), and a projection device for projecting the light of the second wavelength ([0060]; the light section generator 5 can generate the second wavelength) into the working volume is actuated, depending thereon, to project the light of the second wavelength into the first or into the second layer partial volume ([0065]; a control loop can control the evaluation of the whole or spatially resolved intensities, which influences the intensity of the light section generator, the intensity and image output of the projector, the timing control of the exposure sequence and the displacement of the light section inside the receptacle 1).
Regarding claim 56, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses the light of the first wavelength and the light of the second wavelength are irradiated simultaneously and together into the first or the second layer partial volume, at least for a temporal overlap period ([0020]; the light of the first wavelength and the light of the second wavelength can be irradiated simultaneously together into the first or the second partial layer volume at least for a temporal overlap time period).
Regarding claim 57, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses the first and the second layer partial volume form adjacent layer partial volumes of the starting material in the working volume ([0022]; the first and the second partial layer volumes are formed according to one of the following configurations of partial volumes: overlapping at the edge, abutting at the edge and spaced apart from one another at the edge), wherein optionally the first and the second layer partial volume are formed corresponding to one of the following configurations of partial volumes: overlapping at an edge, abutting at the edge, and spaced apart from one another at the edge ([0022]; the first and the second partial layer volumes are formed according to one of the following configurations of partial volumes: overlapping at the edge, abutting at the edge and spaced apart from one another at the edge).
Regarding claim 58, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses the light of the first wavelength is irradiated by means of a plurality of light generators (Fig. 3a-3c; [0070]; an arrangement of light sources 30 which are used for irradiating the light of the first wavelength) for creating a light section (Fig. 3a-3c; [0070]; light sources 30 create light section 31), which irradiate into the working volume from different sides of a working vessel comprising the working volume (Fig. 3a-3c; [0070]; light sources 30 are arranged adjacent to the receptacle 1, particularly on opposite sides), and generate the light section, in which a projection takes place, by means of superimposition of partial beams (Fig. 3a-3c; [0071]; the light sources 30 generate the light section 31 by means of overlay of partial beams);
and/or wherein the light of the first wavelength is irradiated by means of four light generators (Fig. 3b-3c; 4 light sources 30) for creating a light section (Fig. 3b-3c; 4 light sources 30 generate light section 31), which irradiate into the working volume from different sides of the working vessel comprising the working volume (Fig. 3b-3c; 4 light sources 30 irradiate into receptacle 1 from different sides), and generate the light section, in which the projection takes place (Fig. 3b-3c; [0071]; the projection 33), by means of superimposition of partial beams (Fig. 3a-3c; [0071]; the light sources 30 generate the light section 31 by means of overlay of partial beams).
Regarding claim 59, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses at least two differently oriented light sections are created (Fig. 3b-3c; [0070]; at least 2 light sections 31 that are differently oriented are created), which overlap in the working volume (Fig. 3b-3c; [0070]; the 2 different light sections 31 overlap in receptacle 1).
Regarding claim 60, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses for creating a light section (Fig. 3a-3c; [0070]; light section 31) in the working volume the light of the first wavelength is irradiated into the working volume with a rotational movement (Fig. 3a-3c; [0070]; the arrangement of light sources 30, that generates the light section 31, is arranged in a rotatable manner around the receptacle 1 with the working volume 2).
Regarding claim 61, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses the light of the first wavelength is irradiated first in the first layer partial volume and then in the second layer partial volume with a distribution that is substantially homogeneous or non-homogeneous with respect to at least one of the following light parameters: light intensity and light color ([0030]; the light of the first wavelength can be irradiated initially in the first partial layer volume and then in the second partial layer volume with a substantially homogeneous distribution with respect to at least one of the following light parameters: light intensity and light colour).
Regarding claim 62, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses a light section of the light of the first wavelength is created in the working volume ([0055]; the light source 5, which is realized as a light generator with imaging optical system, creates a light section) and during a movement of the light section through the working volume a focus correction of the light of the second wavelength takes place continuously ([0055, 0058]; a focus correction of the projector 7, with a light source of the second wavelength λ2, may take place continuously during the movement of the light section through the working volume 2).
Regarding claim 63, modified Garmshausen discloses the method according to Claim 48.
While Garmshausen discloses a three-dimensional body can be produced layer by layer in the starting material ([0017]), wherein the outer shape of the projection of the projection device can herein be different for different partial layer volumes depending on the three-dimensional body ([0018]), Garmshausen does not explicitly disclose the optical element to be produced has a main extension plane having a planar geometric shape, wherein the construction direction of the optical element is selected to be at an angle to the main extension plane.
However, Lecompere further teaches the optical element to be produced has a main extension plane having a planar geometric shape (Fig. 8; [0218]; ophthalmic lens 200 extends in a plane comprising the optical axis LL, which necessarily has a planar geometric shape), wherein the construction direction of the optical element is selected to be at an angle, in particular at a right angle, to the main extension plane (Fig. 8; [0218]; ophthalmic lens 200 is manufactured layer by layer in the Ls axis, which is at a right angle to the plane comprising the optical axis LL).
Garmshausen and Lecompere are both considered to be analogous to the claimed invention because they are in the field of dual wavelength three-dimensional printing by photopolymerization. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Garmshausen with the teachings of Lecompere to provide the optical element to be produced has a main extension plane having a planar geometric shape, wherein the construction direction of the optical element is selected to be at an angle to the main extension plane. Doing so would allow for the manufacture of optical elements with improved optical quality by reducing optical defects (Lecompere [0162, 0165]) in a cost-efficient and effective manner.
Regarding claim 64, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses at least one first irradiation device (Fig. 5; [0075]; projection device 52) is used, which is configured such that it irradiates the light of the first wavelength into the working volume in order to create at least one first light projection in the working volume (Fig. 5; [0075]; light of the first wavelength is created by 52 and then irradiated onto the receptacle 1), wherein the at least one first light projection comprises a plurality of light beams (Fig. 5; [0076]; 52 can be an LCD or DMD display creating light beams corresponding to central region 54 and two regions 55) which pass through the working volume in at least one light plane (Fig. 5; the light beams pass through receptacle 1 in the plane of projector image 51),
and at least one light modulation device (Fig. 5; [0075]; arrangement of light reflection elements 53) is used, which is associated with the at least one first irradiation device (Fig. 5; [0075]; 53 works in cooperation 52), wherein the at least one light modulation device is configured such that it modulates a spatial extension direction of two or more light beams of the plurality of light beams in the at least one light plane (Fig. 5; [0075-0076]; 53 changes the angles of the light beams relative to their original direction) in such a way that the two or more light beams extend in a non-parallel arrangement relative to one another (Fig. 5; the light beams extend at a right angle relative to each other).
Regarding claim 65, modified Garmshausen discloses the method according to Claim 48, wherein Lecompere further teaches at least one measure for changing optical properties of the green body is carried out, wherein the at least one measure preferably includes at least one of: a thermal treatment of the green body ([0111, 0223]; additional thermal curing after the additive manufacturing process to form the final object) and/or optical treatment of the green body, in particular by irradiating the green body using electromagnetic radiation ([0111, 0223]; additional UV post-curing after the additive manufacturing process to form the final object). Garmshausen and Lecompere are both considered to be analogous to the claimed invention because they are in the field of dual wavelength volumetric three-dimensional printing. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Garmshausen with the teachings of Lecompere to provide at least one measure for changing optical properties of the green body is carried out, wherein the at least one measure preferably includes at least one of: a thermal treatment of the green body and/or optical treatment of the green body, in particular by irradiating the green body using electromagnetic radiation. Doing so would relax the internal stress in the green body formed by the optical processing (Lecompere [0223]).
Regarding claim 66, modified Garmshausen discloses the method according to Claim 48, wherein Garmshausen further discloses the starting material is transparent ([0008]; the starting material itself may be transparent for the irradiated light).
Regarding claim 67, modified Garmshausen discloses the method according to Claim 48, wherein Sanders further teaches the starting material has a non-Newtonian rheological behavior ([0196]).
Regarding claim 69, modified Garmshausen discloses the method according to Claim 50, wherein Garmshausen further discloses the light of the first wavelength is irradiated along a first irradiation direction, and the light of the second wavelength is irradiated along a second irradiation direction which extends transversely to the first irradiation direction, onto the starting material in the working volume ([0023]; the light of the first wavelength can be irradiated along a first irradiation direction and the light of the second wavelength can be irradiated along a second irradiation direction, which runs transversely to the first irradiation direction); and/or wherein the polychromic multi-photon polymerization is triggered in the starting material, by means of the optical processing, which causes the change in the at least one material property of the starting material ([0029]; optical processing triggers polychromatic multi-photon polymerization in the starting material to change the at least one material property of the starting material).
Regarding claim 70, modified Garmshausen discloses the method according to Claim 48.
Modified Garmshausen does not explicitly disclose the starting material comprises at least one rheology modifier ([0198]) configured to adjust a viscosity and/or flowability of the starting material in the working volume.
However, Sanders further teaches the starting material comprises at least one rheology modifier ([0198]) configured to adjust a viscosity and/or flowability of the starting material in the working volume.
Garmshausen and Sanders are both considered to be analogous to the claimed invention because they are in the field of dual wavelength volumetric three-dimensional printing. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify the starting material of modified Garmshausen with the rheology modifier of Sanders to provide the starting material comprises at least one rheology modifier configured to adjust a viscosity and/or flowability of the starting material in the working volume. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Making the modification would ensure the three-dimensional object remains at a fixed position during formation, be easily separated from the starting material upon application of stress (Sanders [0196]) and remove the need for support structures (Sanders [0197]).
Claim 53 is rejected under 35 U.S.C. 103 as being unpatentable over Garmshausen et al. (WO 2021089090 A1; hereafter Garmshausen; paragraph numbers correspond to English equivalent patent family member US 20220410473 A1), in view of Lecompere et al. (US 20220118705 A1; hereafter Lecompere) and Thijssen et al. (NPL 1) as applied to claim 48, and further in view of Lecompere (US 20240042683 A1; hereafter Lecompere ‘683).
Regarding claim 53, modified Garmshausen discloses the method according to Claim 48.
Modified Garmshausen does not disclose with the starting material at least one functional element is provided, and the optical element is formed at least in part adjacently to the at least one functional element, wherein the at least one functional element comprises at least one of the following elements: an actuator element, a sensor element, an energy source element, a display, a lens holder, and at least one prefabricated further optical element; and/or wherein the at least one functional element has a refractive index that deviates from a starting material refractive index by at most 3%; and/or wherein during optical processing the starting material is irradiated around the at least one functional element with light of the first wavelength and light of the second wavelength, from at least two sides.
However, Lecompere ‘683 teaches a method of producing an optical element ([0169]; optical element 100) by optically processing an optically reactive starting material ([0174, 0186]; photopolymerization of photopolymer resin) in a working volume (Fig. 1; [0164]; container 10) by irradiation of light of a first wavelength ([0043]; first wavelength (λ1)) and light of a second wavelength ([0043]; second wavelength (λ2)), wherein with the starting material at least one functional element ([0170]; optical element 100 can be formed with a stabilizer in the curable material) is provided, and the optical element is formed at least in part adjacently to the at least one functional element ([0170]; stabilizer is adjacent to optical element 100 on support 15), wherein the at least one functional element comprises a lens holder ([0170]; stabilizer immobilizes the optical element 100, i.e. it holds the optical element 100).
Garmshausen and Lecompere ‘683 are both considered to be analogous to the claimed invention because they are in the field of dual wavelength volumetric three-dimensional printing. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Garmshausen with the teachings of Lecompere ‘683 to provide with the starting material at least one functional element is provided, and the optical element is formed at least in part adjacently to the at least one functional element, wherein the at least one functional element comprises a lens holder. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a conclusion of obviousness. See MPEP 2143 I(D). Doing so would allow for the manufacture of optical elements with improved optical quality by reducing optical defects (Lecompere ‘683 [0298-0299]) in a cost-efficient and effective manner.
Claim 68 is rejected under 35 U.S.C. 103 as being unpatentable over Garmshausen et al. (WO 2021089090 A1; hereafter Garmshausen; paragraph numbers correspond to English equivalent patent family member US 20220410473 A1), in view of Lecompere et al. (US 20220118705 A1; hereafter Lecompere) and Thijssen et al. (NPL 1) as applied to claim 48, and further in view of Tasaki et al. (US 20230249423 A1).
Regarding claim 68, modified Garmshausen discloses the method according to Claim 48.
Modified Garmshausen does not explicitly disclose at least one measure for post-processing the green body is carried out, wherein the at least one measure of post- processing comprises one of a thermal treatment or a photochemical treatment of the green body, wherein after the at least one measure for post-processing the green body, at least one measure is carried out for changing optical properties of the post- processed green body, which leads to a reduction in absorption properties of the post- processed green body for at least a wavelength in a wavelength range between 300 nm and 2000 nm, and/or which leads to an increase in the permeability properties of the post-processed green body for at least a wavelength in the wavelength range between 300 nm and 2000 nm is carried out.
However, Lecompere further teaches at least one measure for post-processing the green body is carried out, wherein the at least one measure of post- processing comprises one of a thermal treatment ([0223]; thermal treatment to post-cure) or a photochemical treatment ([0223]; UV post curing) of the green body.
Garmshausen and Lecompere are both considered to be analogous to the claimed invention because they are in the field of dual wavelength three-dimensional printing by photopolymerization. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Garmshausen with the teachings of Lecompere to provide the further processing of the green body comprises at least one of photochemically and/or thermally post-curing the green body. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a conclusion of obviousness. See MPEP 2143 I(D). Doing so would relax the internal stress in the green body formed by the optical processing (Lecompere [0223]).
Modified Garmshausen does not explicitly disclose at least one measure is carried out for changing optical properties of the post-processed green body, which leads to a reduction in absorption properties of the post- processed green body for at least a wavelength in a wavelength range between 300 nm and 2000 nm, and/or which leads to an increase in the permeability properties of the post- processed green body for at least a wavelength in the wavelength range between 300 nm and 2000 nm is carried out.
However, Tasaki teaches a photo-oxidation treatment or a thermal oxidation treatment ([0015]) may be applied to a cured optical product ([0015, 0034]; cured product can be lens, lens sheet, lens array or a light guide plate) for the purpose of increasing permeability properties of the optical product ([0015]; increasing transmittance) in a wavelength range between 300 nm and 2000 nm ([0029]; a transmittance on at least one of wavelengths of 200 to 300 nm is increased by 5% or more; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05).
Garmshausen and Tasaki are both considered to be analogous to the claimed invention because they are in the field of dual wavelength volumetric three-dimensional printing. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Garmshausen with the teachings of Tasaki to provide at least one measure is carried out for changing optical properties of the post-processed green body, which leads to an increase in permeability properties of the post- processed green body for at least a wavelength in the wavelength range between 300 nm and 2000 nm is carried out. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results supports a conclusion of obviousness. See MPEP 2143 I(D). Doing so would increase the transmittance of the optical element for certain wavelengths and can be stably maintained without being metamorphosed rapidly even after long-term use, with the result that excellent reliability is provided (Tasaki [0030]).
Conclusion
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/V.M./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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