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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe (JP-2020029033-A) published 27 February 2020.
As to claim 1, Watanabe teaches a 3D shaping inkjet ink (Abstract: “A three-dimensional molding material set of this invention includes: slurry containing ceramic particles, an ultraviolet curing agent, and a solvent; and an ink1 containing a photo-initiator and a coloring agent.” Watanabe’s ink is applied by inkjet as described at Page 19 Paragraphs 2-3: “An ink jet head 5 for discharging ink 4 toward the slurry in the modeling-side slurry storage tank 1 is provided on the modeling-side slurry storage tank 1.”) comprising: a ceramic component (Watanabe’s material includes, a slurry containing ceramic particles); and a curable binder component (See Page 7 line 19: “The ink contains a photopolymerization initiator and a coloring agent, and further has other components as necessary.”), wherein the curable binder component is a component that can be degreased at a degreasing percentage (this limitation is a material property of the claimed material. The standard by which material properties interpreted and examined is found in MPEP § 2112.01: “Composition claims — if the composition is physically the same, it must have the same properties” Because the claimed composition is taught by Watanabe, Watanabe’s composition is interpreted as having the same properties. Watanabe addresses degreasing at page 17 under the heading “Heating step and heating means.”) at which, when a degreased body is obtained by degreasing a 3D object formed by curing the 3D shaping inkjet ink, a shape of the degreased body is maintained (this limitation is the intended consequence of the use of the claimed composition. Intended use limitations are interpreted in view of MPEP § 2114: “If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus.” As noted above, as described in MPEP § 2112.01, if the composition is physically the same, it must have the same properties. Thus, the composition of Watanabe is considered to have the same functional properties as the claimed composition since the physical composition as claimed is taught by Watanabe. Note that Watanabe teaches the shape of the device is maintained after heating. See Page 23 lines 16-17 which teaches Example 1: “and no shape collapse occurred. The three-dimensional structure 1 was excellent in strength and dimensional accuracy. “), and the curable binder component contains a plurality of types of polymerizable compounds (on Page 5 under the heading, “Radical photopolymerizable compound”, Watanabe teaches: “Examples of the photoradical polymerizable compound include a polymerizable compound having an acryl group (acryloyl group). Examples of the polymerizable compound having an acrylic group include a monofunctional polymerizable compound and a polyfunctional polymerizable compound as an acrylic monomer. These may be used alone or in combination of two or more.”).
As to claim 2, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 1, wherein a content of the ceramic component in the 3D shaping inkjet ink is 10 vol% or more and 50 vol% or less (Page 4 lines 28-29: “The content of the ceramic particles is preferably from 40% by mass to 70% by mass with respect to 100% by mass of the slurry.”).
As to claim 3, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 1, wherein the plurality of types of polymerizable compounds are components with which the 3D object shrinks without cracking when the 3D object is degreased (this is an intended result of the use of the composition as claimed. It is considered as a material property. See Examiner’s above interpretation of intended use and material properties. Refer to MPEP §§ 2112.01 and 2114. As the composition of Watanabe meets the claimed composition, Watanabe is considered to meet all material properties and accordingly all intended results of the use of the composition.).
As to claim 4, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 1, wherein the plurality of types of polymerizable compounds have a degreasing percentage of 80 wt% or more and 90 wt% or less when a degreasing temperature is 320°C or higher and 350°C or lower (this is an intended result of the use of the composition as claimed. It is considered as a material property. See Examiner’s above interpretation of intended use and material properties. Refer to MPEP §§ 2112.01 and 2114. As the composition of Watanabe meets the claimed composition, Watanabe is considered to meet all material properties and accordingly all intended results of the use of the composition. ).
As to claim 5, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 1, wherein the plurality of types of polymerizable compounds include a monomer and an oligomer (on Pages 5-6 under the heading, “Radical photopolymerizable compound”, Watanabe teaches: “Examples of the photoradical polymerizable compound include a polymerizable compound having an acryl group (acryloyl group). Examples of the polymerizable compound having an acrylic group include a monofunctional polymerizable compound and a polyfunctional polymerizable compound as an acrylic monomer. These may be used alone or in combination of two or more. Further, the monofunctional polymerizable compound and the polyfunctional polymerizable compound may be in a mixed state or in an oligomer state chemically bonded to each other. The radical polymerizable compound is preferably a compound (oligomer or polymer) in a state of being chemically bonded to some extent from the viewpoint that polymerization shrinkage can be suppressed.” [emphasis added]).
As to claim 6, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 1, wherein the plurality of types of polymerizable compounds include a monofunctional polymerizable compound and a polyfunctional polymerizable compound (See Page 6 under the headings, “Monofunctional polymerizable compound” and “Polyfunctional polymerizable compound”).
As to claim 7, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 1, wherein the plurality of types of polymerizable compounds include: at least one monofunctional monomer selected from the group consisting of benzyl acrylate, phenoxyethyl acrylate, and 2-(2-ethoxyethoxy)ethyl acrylate; and a polyfunctional urethane acrylate-based oligomer (On page 6 under the heading “Monofunctional polymerizable compound”: “Examples of the monofunctional acrylic compound include alkyl acrylates such as methyl acrylate, ethyl acrylate, isopropyl acrylate, t-butyl acrylate, n-butyl acrylate, isobutyl acrylate, butoxyethyl acrylate, and 2-ethylhexyl acrylate; Hydroxyalkyl acrylates such as 3-hydroxypropyl acrylate, 2-hydroxy-1,3-diacryloxypropane and hydroxypropyl acrylate; tetrahydrofurfuryl acrylate, glycidyl acrylate, ethylene glycol acrylate, 2-methoxyethyl acrylate, benzyl acrylate, epoxy Acrylate, urethane acrylate and the like can be mentioned. These may be used alone or in combination of two or more.” Under the heading “Polyfunctional polymerizable compound”: “Examples of the polyfunctional acrylic compound include diethylene glycol diacrylate, 1,3-butylene glycol diacrylate, 1,4-butylene glycol diacrylate, tetraethylene glycol diacrylate, urethane diacrylate, and bisphenol A diglycidyl acrylate. These may be used alone or in combination of two or more.” [emphasis added]).
As to claim 8, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 2, wherein the plurality of types of polymerizable compounds are components with which the 3D object shrinks without cracking when the 3D object is degreased (this is an intended result of the use of the composition as claimed. It is considered as a material property. See Examiner’s above interpretation of intended use and material properties. Refer to MPEP §§ 2112.01 and 2114. As the composition of Watanabe meets the claimed composition, Watanabe is considered to meet all material properties and accordingly all intended results of the use of the composition.).
As to claim 9, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 2, wherein the plurality of types of polymerizable compounds have a degreasing percentage of 80 wt% or more and 90 wt% or less when a degreasing temperature is 320°C or higher and 350°C or lower (this is an intended result of the use of the composition as claimed. It is considered as a material property. See Examiner’s above interpretation of intended use and material properties. Refer to MPEP §§ 2112.01 and 2114. As the composition of Watanabe meets the claimed composition, Watanabe is considered to meet all material properties and accordingly all intended results of the use of the composition. ).
As to claim 10, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 3, wherein the plurality of types of polymerizable compounds have a degreasing percentage of 80 wt% or more and 90 wt% or less when a degreasing temperature is 320°C or higher and 350°C or lower (this is an intended result of the use of the composition as claimed. It is considered as a material property. See Examiner’s above interpretation of intended use and material properties. Refer to MPEP §§ 2112.01 and 2114. As the composition of Watanabe meets the claimed composition, Watanabe is considered to meet all material properties and accordingly all intended results of the use of the composition. ).
As to claim 11, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 2, wherein the plurality of types of polymerizable compounds include a monomer and an oligomer (on Pages 5-6 under the heading, “Radical photopolymerizable compound”, Watanabe teaches: “Examples of the photoradical polymerizable compound include a polymerizable compound having an acryl group (acryloyl group). Examples of the polymerizable compound having an acrylic group include a monofunctional polymerizable compound and a polyfunctional polymerizable compound as an acrylic monomer. These may be used alone or in combination of two or more. Further, the monofunctional polymerizable compound and the polyfunctional polymerizable compound may be in a mixed state or in an oligomer state chemically bonded to each other. The radical polymerizable compound is preferably a compound (oligomer or polymer) in a state of being chemically bonded to some extent from the viewpoint that polymerization shrinkage can be suppressed.” [emphasis added]).
As to claim 12, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 2, wherein the plurality of types of polymerizable compounds include a monofunctional polymerizable compound and a polyfunctional polymerizable compound (See Page 6 under the headings, “Monofunctional polymerizable compound” and “Polyfunctional polymerizable compound”).
As to claim 13, Watanabe teaches the 3D shaping inkjet ink as set forth in claim 2, wherein the plurality of types of polymerizable compounds include: at least one monofunctional monomer selected from the group consisting of benzyl acrylate, phenoxyethyl acrylate, and 2-(2-ethoxyethoxy)ethyl acrylate; and a polyfunctional urethane acrylate-based oligomer (On page 6 under the heading “Monofunctional polymerizable compound”: “Examples of the monofunctional acrylic compound include alkyl acrylates such as methyl acrylate, ethyl acrylate, isopropyl acrylate, t-butyl acrylate, n-butyl acrylate, isobutyl acrylate, butoxyethyl acrylate, and 2-ethylhexyl acrylate; Hydroxyalkyl acrylates such as 3-hydroxypropyl acrylate, 2-hydroxy-1,3-diacryloxypropane and hydroxypropyl acrylate; tetrahydrofurfuryl acrylate, glycidyl acrylate, ethylene glycol acrylate, 2-methoxyethyl acrylate, benzyl acrylate, epoxy Acrylate, urethane acrylate and the like can be mentioned. These may be used alone or in combination of two or more.” Under the heading “Polyfunctional polymerizable compound”: “Examples of the polyfunctional acrylic compound include diethylene glycol diacrylate, 1,3-butylene glycol diacrylate, 1,4-butylene glycol diacrylate, tetraethylene glycol diacrylate, urethane diacrylate, and bisphenol A diglycidyl acrylate. These may be used alone or in combination of two or more.” [emphasis added]).
Conclusion
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/JACOB J CIGNA/Primary Examiner, Art Unit 3726 6 February 2026
1 Note that Watanabe describes the “ink” as a component of the “molding material.” Examiner considers the entire “molding material” to be the claimed “ink.”