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
Claims 1 and 77-86 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025.
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.
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Claim 87 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 34 and 39 of copending Application No. 18/951310 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other, shown below:
Instant Application 19/273579
Copending Application No. 18/951310
Claim 87
A method of printing an object…
photoswitchable photoinitiator…one or more nonreactive additives…
non-Newtonian rheological behavior to the photohardenable composition;
Claim 34
method of printing one or more three-dimensional objects…
photoswitchable photoinitiator,
claim 39 The method of claim 34 wherein the photopolymerizable composition displays non-Newtonian rheological behavior
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 87 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 96-97 of copending Application No. 18/944951 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other, shown below:
Instant Application 19/273579
Copending Application No. 18/944951
Claim 87
A method of printing an object…
photoswitchable photoinitiator…one or more nonreactive additives…
non-Newtonian rheological behavior to the photohardenable composition;
Claim 96
method of forming an object comprising…photoswitchable photoinitiator
claim 97 method of claim 96 wherein the photohardenable composition displays non-Newtonian rheological behavior.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 87 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 71 and 73 of copending Application No. 18/945191 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other, shown below:
Instant Application 19/273579
Copending Application No. 18/945191
Claim 87
A method of printing an object…
photoswitchable photoinitiator…one or more nonreactive additives…
non-Newtonian rheological behavior to the photohardenable composition;
Claim 71
method of forming an object comprising…photoswitchable photoinitiator
claim 73 method of claim 71 wherein the photohardenable composition displays non-Newtonian rheological behavior.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 87, 88, 91-93, 95, and 97 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garmshausen (US 2022/0305723 A1) in view of Abbott (US 2018/0147777 A1).
Regarding claim 87, Garmshausen teaches method of printing an object in a volume of a photohardenable composition, (a process for local polymerization of a starting material by means of dual color photopolymerization is provided [0023]) the method comprising:(a) providing a volume of the photohardenable composition, wherein the photohardenable composition comprises photohardenable composition for use in forming an object in a volume of the photohardenable composition, (local volume is provided that, by absorption of a photon of the first wavelength, the photoinitiator molecules are converted from an initial state, in which the photoinitiator molecules do not substantially absorb the light of the second wavelength, to an intermediate state with optical properties different from those of the initial state [0024]) the photohardenable composition comprising: a photohardenable component including one or more reactive components, (photopolymerizable compound(s), e.g. monomer(s) [0096]) a photoswitchable photoinitiator, (dual color photoinitiator [0096]) one or more nonreactive additives comprising and one or more coinitiators, (3-10 wt % of co-initiator [0096]) wherein the photoswitchable photoinitiator is activatable by exposure to light having a first wavelength and light having a second wavelength to induce a crosslinking or polymerization reaction in the photohardenable component, (see [0024]) wherein the first and second wavelengths are different, and wherein the photohardenable composition comprises the photohardenable component in an amount up to 99.998 parts per hundred, (preferably 20-99.9 wt % of photopolymerizable compound(s), e.g. monomer(s) [0093]) the photoswitchable photoinitiator in an amount from about 0.001 to about 0.5 parts per hundred, (preferably 0.1-1 wt % of dual color photoinitiator [0096]) the coinitiator in an amount from about 0.001 to about 10 parts per hundred, (3-10 wt % of co-initiator [0096]); (b) simultaneously or sequentially irradiating one or more selected locations within the volume of the photohardenable composition with light having a first wavelength and light having a second wavelength, wherein light having the first wavelength and light having the second wavelength activate the photoswitchable photoinitiator at the one or more selected locations and at least partially harden the photohardenable composition at the one or more selected locations within the volume to at least partially form the object, (starting material is photopolymerized in a local volume by irradiating light of a first wavelength simultaneously with or followed by light of a second wavelength different from the first wavelength into the local volume [0023] local photopolymerization in the local area can lead to hardening or curing of the starting material [0031]) wherein the object at least partially formed in the photohardenable composition remains at a fixed position or is minimally displaced in the unhardened photohardenable composition during formation, wherein the first and second wavelengths are different; and (c) optionally repeating step b, irradiating the photohardenable composition at one or more of the same or different locations in the volume until the object is partially or fully formed. (volumetric-printing of a shaped body is provided, in which the shaped body is produced by means of the method for local polymerisation of the starting material, [0026])
Garmshausen teaches with a specific viscosity or mixtures of common co-initiators with low viscosity and highly viscous co-initiators. [0122], but does not explicitly teach and an amount of one or more non-reactive thixotropes and/or non- reactive rheology modifiers in an amount effective to impart non-Newtonian rheological behavior to the photohardenable composition, wherein the photohardenable composition displays non-Newtonian rheological behavior with a yield stress for forming the object in the photohardenable composition at a fixed position or with minimal displacement in the photohardenable composition during formation.
Abbott teaches and an amount of one or more non-reactive thixotropes and/or non- reactive rheology modifiers in an amount effective to impart non-Newtonian rheological behavior to the photohardenable composition, wherein the photohardenable composition displays non-Newtonian rheological behavior with a yield stress for forming the object in the photohardenable composition at a fixed position or with minimal displacement in the photohardenable composition during formation,. Abbott teaches 3D printing materials where [0014] the non-Newtonian fluid properties of the penetrating liquid functional material create a reduced viscosity under sheer or thermal forces when ejected from a printhead. This enables the penetrating liquid functional material to be printed via an inkjet printer, [0014]. Abbott teaches that the viscosity can be affected by network participating solvents to include ethylhydroxy-propanediol (EHPD), glycerol, 1,5-pentanediol, ethylene glycol, triethylene glycol, and sorbitol, [0063]. Examiner notes these ingredients meet the claimed non-reactive thixotropes and/or non- reactive rheology modifiers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the rheology modifiers and non-Newtonian fluid properties of Abbott with the 3D printing photohardenable material of Garmshausen in order to achieve a material that can be printed via an inkjet printer to better control 3D printing, see Abbott [0014].
Regarding claim 88, Garmshausen as modified meets the claimed method of claim 87 wherein the one or more reactive components include one or more of a urethane acrylate oligomer, (urethane containing mixtures [0123] diurethane dime acrylate [0354]) a urethane methacrylate oligomer, an acrylated polyurethane, a methacrylated polyurethane, an acrylated polyurethane- urea, a methacrylated polyurethane-urea, an acrylated polyester, a methacrylated polyester, acrylated or methacrylated polyamides, acrylate- or methacrylate-functional block copolymers, alkenyl- or alkynyl-functional urethane oligomers, alkenyl- or alkynyl-functional polyurethanes, alkenyl- or alkynyl- functional polyurethane-ureas, alkenyl- or alkynyl-functional polyesters, alkenyl- or alkynyl-functional polyamides, alkenyl- or alkynyl-functional block copolymers, thiol-functional urethane oligomers, thiol-functional polyurethanes, thiol-functional polyurethane-ureas, thiol-functional polyesters, thiol-functional polyamides, or a thiol-functional block copolymer.
Regarding claim 91, Garmshausen as modified meets the claimed method of claim 87 wherein the one or more coinitiators include a tertiary amine. (co-initiators such as triethanolamine, [0126]. Examiner notes that triethanolamine is a tertiary amine)
Regarding claim 92, Garmshausen as modified meets the claimed method of claim 87 wherein the one or more coinitiators include a an iodonium salt. (iodonium salts, [0120])
Regarding claim 93, Garmshausen as modified meets the claimed method of claim 87 wherein the one or more coinitiators include a tertiary amine and an iodonium salt. (iodonium salts, [0120], triethanolamine, [0126], The co-initiators described above can be used as mixtures which result from a different degree of functionalization, [0126])
Regarding claim 95, Garmshausen as modified meets the claimed method of claim 87 further comprising separating the partially or fully formed object from the volume in which it is formed comprising applying stress to facilitate the flow and separation of unhardened photohardenable composition from the object. (The residual uncured resin is removed to obtain the shaped body, which is further washed with solvent and post-cured, [0365]. Examiner notes that “washed” meet the claimed facilitate the flow and separation step.)
Regarding claim 97, Garmshausen as modified meets the claimed method of printing an object in a volume of a photohardenable composition, the method comprising: (a process for local polymerization of a starting material by means of dual color photopolymerization is provided [0023]) (a) providing a volume of the photohardenable composition, wherein the photohardenable composition comprises photohardenable composition for use in forming an object in a volume of the photohardenable composition, (local volume is provided that, by absorption of a photon of the first wavelength, the photoinitiator molecules are converted from an initial state, in which the photoinitiator molecules do not substantially absorb the light of the second wavelength, to an intermediate state with optical properties different from those of the initial state [0024]) the photohardenable composition comprising: a photohardenable component including one or more reactive components, (photopolymerizable compound(s), e.g. monomer(s) [0096]) a photoswitchable photoinitiator, (dual color photoinitiator [0096]) one or more nonreactive additives comprising one or more thixotropes and/or nonreactive rheology modifiers, and one or more coinitiators, (3-10 wt % of co-initiator [0096]) wherein the photoswitchable photoinitiator is activatable by exposure to light having a first wavelength and light having a second wavelength to induce a crosslinking or polymerization reaction in the photohardenable component, (see [0024]) wherein the first and second wavelengths are different, and wherein the photohardenable composition comprises the photohardenable component in an amount up to 99.998 parts per hundred, (preferably 20-99.9 wt % of photopolymerizable compound(s), e.g. monomer(s) [0093]) the photoswitchable photoinitiator in an amount from about 0.001 to about 0.5 parts per hundred, (preferably 0.1-1 wt % of dual color photoinitiator [0096]) the coinitiator in an amount from about 0.001 to about 10 parts per hundred, (3-10 wt % of co-initiator [0096]) (b) simultaneously or sequentially irradiating one or more selected locations within the volume of the photohardenable composition with light having a first wavelength and light having a second wavelength, (starting material is photopolymerized in a local volume by irradiating light of a first wavelength simultaneously with or followed by light of a second wavelength different from the first wavelength into the local volume [0023] local photopolymerization in the local area can lead to hardening or curing of the starting material [0031]) wherein light having the first wavelength and light having the second wavelength activate the photoswitchable photoinitiator at the one or more selected locations and at least partially harden the photohardenable composition at the one or more selected locations within the volume to at least partially form the object, , (local volume is provided that, by absorption of a photon of the first wavelength, the photoinitiator molecules are converted from an initial state, in which the photoinitiator molecules do not substantially absorb the light of the second wavelength, to an intermediate state with optical properties different from those of the initial state [0024]) wherein the object at least partially formed in the photohardenable composition remains at a fixed position or is minimally displaced in the unhardened photohardenable composition during formation, wherein the first and second wavelengths are different, and wherein the first wavelength is in a range from about 400 to about 410 nm (inclusive) ([0105] a first wavelength of: 300 nm to 450 nm, Example Wavelength 1: 405 nm [0368]). and the second wavelength is in a range from about 450 to about 700 nm (inclusive); ([0106] a second wavelength of: 350 nm to 800 nm, Example Wavelength 2: 565 nm, [0366]) and (c) optionally repeating step b, irradiating the photohardenable composition at one or more of the same or different locations in the volume until the object is partially or fully formed.
Garmshausen teaches with a specific viscosity or mixtures of common co-initiators with low viscosity and highly viscous co-initiators. [0122], but does not explicitly teach and an amount of one or more non-reactive thixotropes and/or non- reactive rheology modifiers in an amount effective to impart non-Newtonian rheological behavior to the photohardenable composition, wherein the photohardenable composition displays non-Newtonian rheological behavior with a yield stress for forming the object in the photohardenable composition at a fixed position or with minimal displacement in the photohardenable composition during formation.
Abbott teaches and an amount of one or more non-reactive thixotropes and/or non- reactive rheology modifiers in an amount effective to impart non-Newtonian rheological behavior to the photohardenable composition, wherein the photohardenable composition displays non-Newtonian rheological behavior with a yield stress for forming the object in the photohardenable composition at a fixed position or with minimal displacement in the photohardenable composition during formation,. Abbott teaches 3D printing materials where [0014] the non-Newtonian fluid properties of the penetrating liquid functional material create a reduced viscosity under sheer or thermal forces when ejected from a printhead. This enables the penetrating liquid functional material to be printed via an inkjet printer, [0014]. Abbott teaches that the viscosity can be affected by network participating solvents to include ethylhydroxy-propanediol (EHPD), glycerol, 1,5-pentanediol, ethylene glycol, triethylene glycol, and sorbitol, [0063]. Examiner notes these ingredients meet the claimed non-reactive thixotropes and/or non- reactive rheology modifiers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the rheology modifiers and non-Newtonian fluid properties of Abbott with the 3D printing photohardenable material of Garmshausen in order to achieve a material that can be printed via an inkjet printer to better control 3D printing, see Abbott [0014].
Claim(s) 98 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garmshausen (US 2022/0305723 A1) in view of Abbott (US 2018/0147777 A1) and in further view of Lin et al. (US 2018/0333913 A1).
Regarding claim 98, Garmshausen as modified does not meet the claimed method of claim 87 wherein the one or more thixotropes include a modified urea compound.
Lin meets the claimed wherein the one or more thixotropes include a modified urea compound. (Lin teaches three-dimensional (3D) printing using two lights with different wavelengths to respectively control a photopolymerization process within a film of a viscous liquid that is deposited on an open platform, [0004]. Lin teaches examples of the thixotropic additive include modified ureas, see [0132])
It would have been obvious to one ordinary skill in the art before the effective filing date of the present application to combine the modified urea of Lin with the rheological modifiers for 3D printing of Garmshausen because the thixotropic additive is configured to create a network within the resin to prevent settling of the plurality of particles in the resin, [0047].
Claim(s) 96 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garmshausen (US 2022/0305723 A1) in view of Abbott (US 2018/0147777 A1) and in further view of Fan et al. (US 5,474,719).
Regarding claim 96, Garmshausen as modified does not meet the claimed method of claim 95 wherein the separating step further includes heating.
Garmshausen teaches the residual uncured resin is removed to obtain the shaped body, which is further washed with solvent and post-cured, [0365].
Fan teaches the formed object 243 is further cleaned with heat, solvent, brushes, and the like, and post cured as necessary to obtain the desired final physical properties, Col. 17, lines 36-40.
It would have been obvious to one ordinary skill in the art before the effective filing date of the present application to combine the heat step of Fan with the post-curing and cleaning step of Garmshausen because it achieves the desired final physical properties, see Fan Col. 17, lines 38-40.
Allowable Subject Matter
Claim 99 is 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:
Regarding claim 99, the prior art of record does not teach or suggest the method of claim 87 wherein the one or more thixotropes include an ester terminated polyamide, a tertiary amide terminated polyamide, a polyalkyleneoxy terminated polyamide, a polyether amide, or a combination including any of the foregoing.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lippert (US 2020/0108557 A1) teaches [0013] In one embodiment, the present invention includes an apparatus for generating a three-dimensional image, the system comprising: a medium comprising an optical molecular switch molecule, wherein the optical molecular switch molecule has a non-fluorescent state and a fluorescent state, wherein at one wavelength of optical excitation, the molecule has a first state and at a second state the optical molecular switch molecule fluoresces at a second wavelength of excitation; and at least a first light source and a second light source into the medium.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M. ROBINSON whose telephone number is (571)270-0467. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
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/MICHAEL M. ROBINSON/Primary Examiner, Art Unit 1744