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 6/25/2025 has been 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).
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Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,370,767. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application 19/248,948
Patent 12,370,767
1. A fabrication system comprising:
a chamber containing an immersion liquid when the fabrication system is in operation;
a port adapted for being in fluid communication with a reservoir comprising a curable liquid;
an actuator in operable communication with said reservoir and configured to induce flow of said curable liquid towards said port;
a support in operable communication with said port, wherein said support is configured for binding said curable liquid;
a control unit configured to control said actuator to induce flow of a predetermined volume of said curable liquid towards said port, so as to provide said curable liquid in contact with said support; wherein said predetermined volume is sufficient for shaping an article immersed within said immersion liquid and comprising at least one surface with a pre-defined curvature; wherein the control unit is configured to:
receive said pre-defined curvature;
calculate the predetermined volume of the curable liquid based on buoyancy induced by the immersion liquid; and
control said actuator to induce flow of the predetermined volume of the curable liquid according to the received pre-defined curvature
and wherein the control unit is configured to calculate said buoyancy based on parameters based on parameters selected from the group consisting of: density of the immersion liquid, density of the curable liquid, viscosity of the curable liquid, surface tension of the curable liquid and gravitational force exerted on the curable liquid.
1. A fabrication system comprising:
a chamber containing an immersion liquid when the fabrication system is in operation;
a port adapted for being in fluid communication with a reservoir comprising a curable liquid;
an actuator in operable communication with said reservoir and configured to induce flow of said curable liquid towards said port;
a support in operable communication with said port, wherein said support is configured for binding said curable liquid;
a control unit configured to control said actuator to induce flow of a predetermined volume of said curable liquid towards said port, so as to provide said curable liquid in contact with said support; wherein said predetermined volume is sufficient for shaping an article immersed within said immersion liquid and comprising at least one surface with a pre-defined curvature; wherein the control unit is configured to:
receive said pre-defined curvature; and
control said actuator to induce flow of the predetermined volume of the curable liquid according to the received pre-defined curvature.
3. The fabrication system of claim 1, wherein said control unit is configured to calculate the predetermined volume of the curable liquid based on (i) buoyancy induced by said immersion liquid and (ii) surface tension of the curable liquid; wherein said support is in a form of a binding layer, or in a form of a binding frame; and wherein said at least one surface is in contact with the immersion liquid.
Note: Claims 1 and 3 of the issued patent are not patentably distinct from of claim 1 of the instant application.
2. The fabrication system of claim 1, wherein said curable liquid and said immersion liquid are immiscible.
3. The fabrication system of claim 1, wherein a contact angle of said curable liquid bound to said support is less than 90°.
2. The fabrication system of claim 1, wherein said curable liquid and said immersion liquid are immiscible, and wherein a contact angle of said curable liquid on top of said support is less than 90°.
Note: Claim 2 of the issued patent is not patentably distinct from claims 2 and 3 of the instant application.
4. The fabrication system of claim 1, wherein said support is in a form of a single binding frame.
5. The fabrication system of claim 1, wherein said at least one surface is in contact with and immersed within the immersion liquid, when the fabrication system is in operation.
3. The fabrication system of claim 1, wherein said control unit is configured to calculate the predetermined volume of the curable liquid based on (i) buoyancy induced by said immersion liquid and (ii) surface tension of the curable liquid; wherein said support is in a form of a binding layer, or in a form of a binding frame; and wherein said at least one surface is in contact with the immersion liquid.
Note: Claim 3 of the issued patent is not patentably distinct from claims 4 and 5 of the instant application.
6. The fabrication system of claim 1, wherein the control unit is further in operable communication with an additional actuator, and wherein said control unit is configured to control via said additional actuator at least one of: (i) a volume, and (ii) a density of the immersion liquid, according to the received pre-defined curvature.
4. The fabrication system of claim 1, wherein the control unit is further in operable communication with an additional actuator, and wherein said control unit is configured to receive a pre-defined curvature of said article; and further configured to control via said additional actuator at least one of: (i) a volume, and (ii) a density of the immersion liquid, according to the received pre-defined curvature.
Note: Claim 4 of the issued patent is not patentably distinct from claim 6 of the instant application.
7. The fabrication system of claim 1, wherein the chamber comprises a first reservoir facing a first surface of the article and a second reservoir facing a second surface of the article, and wherein said first reservoir and said second reservoir are configured to contain said immersion liquid; and
wherein the support is in a form of a single binding frame and is located between said first reservoir and said second reservoir.
5. The fabrication system of claim 1, wherein the chamber comprises a first reservoir facing a first surface of the article and a second reservoir facing a second surface of the article, and wherein said first reservoir and said second reservoir are configured to contain said immersion liquid.
6. The fabrication system of claim 5, wherein the support is located between said first reservoir and said second reservoir.
Note: Claims 5 and 6 of the issued patent is not patentably distinct from claim 7 of the instant application.
8. The fabrication system of claim 7, wherein said control unit is configured to receive a pre-defined curvature of the first surface and of the second surface; and further configured to control at least one of: (i) a volume, and (ii) a density of the immersion liquid within said first reservoir and within said second reservoir, according to the received pre-defined curvature.
7. The fabrication system of claim 5, wherein said control unit is configured to receive a pre-defined curvature of the first surface and of the second surface; and further configured to control at least one of: (i) a volume, and (ii) a density of the immersion liquid within said first reservoir and within said second reservoir, according to the received pre-defined curvature.
Note: Claim 7 of the issued patent is not patentably distinct from claim 8 of the instant application.
9. The fabrication system of claim 1, further comprising a curing element suitable for homogenously curing the curable liquid; wherein said curing element is selected from a light source, a heating element or both.
8. The fabrication system of claim 1, further comprising a curing element suitable for homogenously curing the curable liquid; wherein said curing element is selected from a light source, a heating element or both.
Note: Claim 8 of the issued patent is not patentably distinct from claim 9 of the instant application.
Allowable Subject Matter
Claims 1-.
Claims 10-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 1 would be allowable for requiring:
“…wherein the control unit is configured to:
receive said pre-defined curvature;
calculate the predetermined volume of the curable liquid based on buoyancy induced by the immersion liquid; and
control said actuator to induce flow of the predetermined volume of the curable liquid according to the received pre-defined curvature”
The closest prior art, Wilenius (US 3,251,908 A), discloses a fabrication system (Figure 5; col. 6, line 58 – col. 7, line 5) comprising: a chamber (77, 80 in Figure 5) suitable for containing an immersion liquid (102, 104 within chambers 77, 80); a port (opening on side wall 67 between flanges 68 and 71) adapted for being in fluid communication with a reservoir (reservoir 93) comprising a curable liquid (103, col. 7, lines 70-43); an actuator in operable communication with said reservoir and configured to induce flow of said curable liquid towards said port (valve 92, col. 7, lines 37-42, which serves as both a control valve and a drain valve); a support (membrane 69, 76) in operable communication with said port (as shown in Figure 5), wherein said support is configured for binding said curable liquid (103, col. 7, line 70-75); the actuator being configured to induce flow of a volume of the curable liquid towards said port, so as to provide said curable liquid in contact with said support; wherein said volume is sufficient for shaping an article immersed within said immersion liquid (Figure 5, col. 8, lines 9-16, the levels of the liquids 102, 103 and 104 are adjusted…and thus provide desired membrane curvature. When the plastic material has hardened the apparatus may be dismantled to remove the hardened plastic material in chamber 78) and comprising at least one surface with a pre-defined curvature (curved surfaces of 69, 76 in Figure 5; col. 2, lines 8-20).
Another prior art, Aschwanden (US 2023/0347604 A1), discloses fabrication system (Figures 15-16) comprising: a chamber suitable for containing an immersion liquid (walls forming cavity 2); a port adapted for being in fluid communication with a reservoir (55) comprising a curable liquid (channel; 7); an actuator in operable communication with said reservoir and configured to induce flow of said curable liquid towards said port (paragraphs 0011, 0015, the cavity comprises a valve, which is arranged to control a flow of the liquid in and out of the cavity.); a support in operable communication with said port (membranes 6), wherein said support is configured for binding said curable liquid (as shown in Figures 15-16); a control unit configured to control said actuator for shaping an article immersed within said immersion liquid and comprising at least one surface with a pre- defined curvature (paragraphs 0106, the shape of the first/second surface is adjusted by means of closed loop control).
Another prior art, Beattie (US 2,542,386), discloses fabrication system (Figure 1) comprising: a port (hose 17) adapted for being in fluid communication with a reservoir (tank 15) comprising a curable liquid (col. 1, lines 11-16); an actuator in operable communication with said reservoir and configured to induce flow of said curable liquid towards said port (col. 3, lines 4-12, provided with an air-pressure attachment…for forcing the mix out from the tank through flexible piping); a support in operable communication with said port, wherein said support is configured for binding said curable liquid (col. 2, line 49 to col. 3, line 16); a control unit configured to control said actuator to induce flow of a volume of said curable liquid towards said port (col. 3, lines 4-12), so as to provide said curable liquid in contact with said support for shaping an article comprising at least one surface with a pre-defined curvature (26 in Figure). Beattie further discloses the system comprises a curing element (curing oven 25) for homogenously curing the curable liquid.
However, the prior art, alone or in combination, fails to teach or suggest a control unit configured to: receive a pre-defined curvature; calculate the predetermined volume of the curable liquid based on buoyancy induced by the immersion liquid; and control an actuator to induce flow of the predetermined volume of the curable liquid according to the received pre-defined curvature.
Claims 2-17 would be allowable for depending on claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Virak Nguon whose telephone number is (571)272-4196. The examiner can normally be reached Monday-Thursday (and alternate Fridays) 7:30-5:00.
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/VIRAK NGUON/Examiner, Art Unit 1741 7/17/2026
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