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 Objections
Claim 65 is objected to because of the following informalities: the claim does not end with a period. See MPEP § 608.01(m). Appropriate correction is required.
Claim 66 is objected to because of the following informalities: the recitations “the amount” in line 2 and line 3 are objected to because the claim recites “the” to reference subject matter which is not previously recited/introduced - while this recitation is not ambiguous because there is inherent basis for such subject matter, the Examiner recommends introducing new limitations with “a” or “an” to ensure consistent language throughout the claims is being used; therefore, the recitation above should read “ an amount” to overcome this objection. Appropriate correction is required.
Claim Interpretation
Claim 51 recites “wherein the beads of thermosetting material in the at least second layer are
offset from the beads of the thermosetting material in the first layer”, and the term “offset” is being interpreted consistent with the definition provided in the specification as published, US 2026/0054447, to mean a horizontal or x-axis difference in position compared to the previous layer, the offset being used to form an inward overhang or an outward overhang (see paragraph [0047]) – where the term “overhang” is also being interpreted consistent with the definition provided in the specification as published to mean a portion of an object where the dimensions of a layer exceed the dimensions of the layer below, an overhang can be an outward overhang or an inward overhang, such that an outward overhang increases a distance from a center point and an inward overhang decreases a distance from a center point (see paragraph [0046]).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 51-71 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 51: there is insufficient antecedent basis for the recitations "the beads of thermosetting material in the at least second layer" in lines 14-15 and “the beads of thermosetting material in the first layer” in lines 15-16. The claim contains no earlier recitation or limitation of beads of thermosetting material in the first layer and/or second layer making it unclear as to what element the limitation is making reference. See MPEP § 2173.05(e). Claims 52-71 are rejected due to their dependency on claim 51.
Regarding claim 55: there is insufficient antecedent basis for the recitation "the olefinic material"; claim 55 depends from claim 51 (see interpretation in the Regarding claims 52-70 rejection below), which does not include any olefinic material; therefore, it is not clear what is being referred to in the claim. Claim 54 first introduces "an olefinic material", but claim 55 does not depend from claim 54. For the purposes of art rejections, "the olefinic material" recited in claim 55 is being interpreted to be equivalent to the olefinic material introduced in claim 54.
Regarding claim 65: there is insufficient antecedent basis for the recitations "the beads of thermosetting material in the at least third layer" in lines 2-3. Claim 65 depends from claim 51 (see interpretation in the Regarding claims 52-70 rejection below), which does not include beads of thermosetting material in the at least third layer; therefore, the claim contains no earlier recitation or limitation of beads of thermosetting material in the at least third layer making it unclear as to what element the limitation is making reference. See MPEP § 2173.05(e).
Regarding claims 52-70: each of these claims recites “the 3D object production process according to claim 1” in line 1; however, there is not a claim 1 and therefore the dependencies of these claims is not clear. For the purposes of prior art rejections, these claims are being interpreted such that each of these claims depends from claim 51 (i.e., “the 3D object production process according to claim 51”).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 51-56, 58-61 and 65-71 are rejected under 35 U.S.C. 103 as being unpatentable over Busbee et al. (US 2019/0037967) in view of Youjun (CN 110128833; citations taken from the translated version provided herewith).
As to claim 51: Busbee discloses the claimed three-dimensional (3D) object production process (i.e., a method for printing an article, e.g., 3D-printing an article) (Busbee at [0003], [0008], [0042], [0107]) comprising:
providing a thermoset printing apparatus (i.e., at least two materials flow into the mixing nozzle within an extruder of a 3D printer, the at least two materials include precursors of a polyol mixture and an isocyanate precursor, where once the two materials are mixed and deposited onto the substrate a flexible thermosetting elastomer is formed) (Busbee at [0059], [0107], [0176], [0228], FIG. 16) comprising:
(a) a mixing chamber to receive and mix at least a first reactive component and a second reactive component to provide a thermosetting material (i.e., at least two materials flow into the mixing nozzle within an extruder of a 3D printer, the at least two materials include precursors of a polyol mixture and an isocyanate precursor, where once the two materials are mixed and deposited onto the substrate a flexible thermosetting elastomer is formed) (Busbee at [0059], [0106], [0107], [0176], [0228], FIG. 16),
(b) an extrusion nozzle to deliver the thermosetting material to form a 3D object (i.e., an extruder, comprising a mixing nozzle, of the 3D printer to deposit material corresponding to a first portion of the physical model to be 3D printed into an object) (Busbee at [0059]),
(c) at least one actuator coupled to the extrusion nozzle to move the extrusion nozzle when delivering the thermosetting material to form the 3D object (i.e., a multi-axis deposition system may comprise one or more print heads that may be configured to be translated along one or more axes, where each axis of translation may independently be controlled by separate motors) (Busbee at [0055], [0135]), and
(d) a controller comprising one or more processors and coupled to the extruded thermoset printing apparatus, and depositing the thermosetting material to form the 3D object (i.e., 3D printing material is controllably deposited, e.g., on a substrate, to create a product, the material may be deposited in a pattern defining the product; a printing nozzle may be used to direct material onto a substrate, and the nozzle may be controlled, for example, using a computer or other controller, in order to control the deposition of material onto the substrate; the processing device executes instructions for initiating 3D-printing of the object in the 3D-printer) (Busbee at [0017], [0055], [0058], [0059], [0157])
wherein the depositing comprises depositing a first layer of thermosetting material (i.e., printing in a plurality of layers may involve depositing the mixture onto a substrate in a first layer) (Busbee at [0055]) and depositing an at least second layer of thermosetting material, wherein the beads of thermosetting material in the at least second layer are offset from the beads of thermosetting material in the first layer (i.e., printing in a plurality of layers may involve depositing the mixture onto a substrate in a first layer and then depositing the mixture onto a substrate in a second layer – e.g., along the same line, in a perpendicular line to that of the first layer, etc.; and 3D printing a plurality of layers may involve depositing a material in a pre-determined shape where the print head may be oriented so that it deposits material on the substrate at a 90o angle to the substrate in some embodiments and so that it deposits material on the substrate at another angle to the substrate – e.g., 45o, 30o, or other angles; and one or more portions may together form an 3D printed article with one or more of the following features: one or more interfaces between different materials with extreme undercuts, e.g., materials with a negative draft angle) (Busbee at [0055], [0128], [0134], [0249], FIG. 7, FIG. 15 – see the annotated version provided below).
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Busbee fails to disclose the claimed providing a support comprising a support material, depositing the thermosetting material on the support to form the 3D object, and removing the support by melting the support material.
However, Youjun teaches a 3D printing method using a thermoset material comprising a component A and component B for forming an object and a support structure for the object being formed using printing head E0 which deposits a rigid support wire, and once the object is completed removing the support structure using hot water (i.e., providing a support comprising a support material, depositing the thermosetting material on the support to form the 3D object, and removing the support by melting the support material) (Youjun at page 1, paragraph 6; page 2, paragraphs 3-4; page 3, steps 2-5; page 4, beneficial effect 7; page 4, drawings - Figure 2 is a photograph of a silica gel entity printed (bottom support structure); Figure 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the support comprising a support material, depositing thermosetting material on the support to form the 3D object and removing the support as such is known in the art of 3D printing using thermoset materials given the discussion of Youjun above presenting a reasonable expectation of success; and doing so is combining prior art elements according to known methods to yield predictable results.
As to claim 52: Busbee and Youjun disclose the 3D object production process of claim 51 above. Youjun further reads on the claimed wherein the support is printed with a fused filament fabrication (FFF) printer (Youjun at page 4, beneficial effect 8).
As to claim 53: Busbee and Youjun disclose the 3D object production process of claim 51 above. Youjun further reads on the claimed wherein the support material is deposited during the depositing of the thermosetting material (Youjun at page 4, beneficial effect 8).
As to claim 54: Busbee and Youjun disclose the 3D object production process of claim 51 above. Youjun further reads on the claimed wherein the support material is an olefinic material (Youjun at page 4, paragraph 1; claim 10).
As to claim 55: Busbee and Youjun disclose the 3D object production process of claim 51 above. Youjun further reads on the claimed wherein the olefinic material comprises polyethylene and/or polypropylene (Youjun at page 4, paragraph 1; claim 10).
As to claim 56: Busbee and Youjun disclose the 3D object production process of claim 51 above. Youjun further reads on the claimed wherein the support material is polylactic acid (PLA) (Youjun at page 4, paragraph 1; claim 10).
As to claim 58: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee further discloses the claimed wherein the first reactive component comprises an isocyanate and the second reactive component comprises a polyol (Busbee at [0114], [0123], [0191], [0224], [0228], [0273]).
As to claim 59: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee further discloses the claimed wherein the first reactive component comprises an isocyanate and the second reactive component comprises a polyol and a polyamine (Busbee at [0114], [0123], [0191], [0224], [0228], [0273]).
As to claim 60: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee further discloses the claimed wherein the offset of the beads of thermosetting material in the second layer to the beads of thermosetting material in the first layer is in the range from 0.1 % to 75 % (Busbee at [0055], [0128], [0134], [0249], FIG. 7, FIG. 15 – see the annotated version provided above).
As to claim 61: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee further discloses the claimed wherein the offset of the beads of thermosetting material in the second layer to the beads of thermosetting material in the first layer is in the range from 0.1 % to 1 % (Busbee at [0055], [0128], [0134], [0249], FIG. 7, FIG. 15 – see the annotated version provided above).
As to claim 65: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee further discloses the claimed comprising depositing an at least third layer of thermosetting material, wherein the beads of thermosetting material in the at least third layer are offset from the beads of thermosetting material in the second layer (Busbee at [0055], [0128], [0134], [0249], FIG. 7, FIG. 15 – see the annotated version provided below).
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As to claim 66: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee further discloses the claimed comprising depositing an at least third layer of thermosetting material, wherein the amount of offset in the beads of the first layer and the second layer is the same as the amount of offset in the beads of the second layer and the third layer (Busbee at [0055], [0128], [0134], [0249], FIG. 7, FIG. 15 – see the annotated version provided above).
As to claims 67-69: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee fails to explicitly disclose the claimed wherein a portion of the 3D object comprises an overhang of at least about 30 degrees/60 degrees/80 degrees.
However, Busbee further teaches printing in a plurality of layers may involve depositing the mixture onto a substrate in a first layer and then depositing the mixture onto a substrate in a second layer, e.g., along the same line, in a perpendicular line to that of the first layer, etc.; and 3D printing a plurality of layers may involve depositing a material in a pre-determined shape where the print head may be oriented so that it deposits material on the substrate at a 90o angle to the substrate in some embodiments and so that it deposits material on the substrate at another angle to the substrate, e.g., 45o, 30o, or other angles) (Busbee at [0055], [0128], [0134], [0249], FIG. 7, FIG. 15).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date to utilize an overhang of at least about 30 degrees/60 degrees/80 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to utilize an overhang of at least about 30 degrees for the purpose of producing a 3D article having a gradient structure with at least one non-uniform property (as recognized by Busbee at [0147], FIG. 15).
As to claim 70: Busbee and Youjun disclose the 3D object production process of claim 51 above. Youjun further reads on the claimed wherein the support is printed with a fused filament fabrication (FFF) printer and the support material is selected from a polyolefin, polylactic acid (PLA) and wax (Youjun at page 4, beneficial effect 8; page 4, paragraph 1; claim 10; Figure 1).
As to claim 71: Busbee and Youjun disclose the 3D object production process of claim 70 above. Youjun further reads on the claimed wherein the support material is deposited during the depositing of the thermosetting material (Youjun at page 4, beneficial effect 8; Figure 1).
Claim 57 is rejected under 35 U.S.C. 103 as being unpatentable over Busbee and Youjun as applied to claim 51 above, and further in view of Crump et al. (US 5,503,785).
As to claim 57: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee, modified by Youjun, disclose the support material being polypropylene or polylactic acid, among others (Youjun at claim 10); though, modified Busbee fails to disclose the claimed wherein the support material comprises a wax.
However, Crump teaches a process for making a three-dimensional object of a predetermined shape, where the process includes forming an underlying support structure for freely suspended portions of the object being formed (Crump at column 1, lines 6-7; column 1, line 61 – column 2, line 20). Crump further teaches the material used for forming the underlying support structure being a wax which forms a weak bond at its contacting, interface with the material of the object (Crump at column 2, lines 51-61).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize wax as a support material as such is known in the art of additive manufacturing processes given the discussion of Crump above presenting a reasonable expectation of success; and doing so is a simple substitution of one known material for another to obtain predictable results, given it has been held to be within the ordinary skill of one in the art to select a known material on the basis of its suitability for the intended use.
Claims 62-64 are rejected under 35 U.S.C. 103 as being unpatentable over Busbee and Youjun as applied to claim 51 above, and further in view of Busgen et al. (US 2018/0104922).
As to claims 62-64: Busbee and Youjun disclose the 3D object production process of claim 51 above. Busbee fails to explicitly disclose the claimed wherein the offset of the beads of thermosetting material in the second layer to the beads of thermosetting material in the first layer is in the range from 10 % to 75 %, 20 % to 75 %, or 30 % to 75%.
However, Busgen teaches a method for producing 3D objects using FFF such that a plurality of material tracks are produced via a liquefied substance mixture discharged from an outlet nozzle 3 of an extruder 2 as a single layer onto a substrate in the form of a planar base plate 5 (Busgen at [0002], [0011], [0074], FIG. 1). Busgen further teaches that in order to ensure a first layer and a second layer adhere to one another (or any layers after that), there must be contact points or contact surfaces between to the two layers, offsetting of the material tracks should be performed such that the material track covers a portion of a previously applied layer in a range of from 20% to 100% (i.e., wherein the offset of the beads of thermosetting material in the second layer to the beads of thermosetting material in the first layer is in the range from 10 % to 75 %, 20 % to 75 %, or 30 % to 75%) (Busgen at [0080], [0108], [0109]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize an offset between beads of two printed layers being about 10% to about 75% as such is known in the art of 3D printing given the discussion of Busgen above presenting a reasonable expectation of success; and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to select an offset between beads of two printed layers being about 10% to about 75% as this range still ensures that the beads of two printed layers are in contact and therefore can properly adhere to one another, forming a continuous connection, to form a 3D printed article (as recognized by Busgen at [0080], [0109]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILEIGH K. DARNELL whose telephone number is (469)295-9287. The examiner can normally be reached M-F, 9am-5pm, MST.
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/BAILEIGH KATE DARNELL/Examiner, Art Unit 1743
