`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`18/249,937
`
`04/20/2023
`
`Malte KORTEN
`
`PA83258US07
`
`6374
`
`Solventum Intellectual Properties Company
`2510 Conway Ave E
`3M Center, 275-6E-21
`St Paul, MN 5514
`
`TENTONI, LEO B
`
`1742
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/23/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`IPDocketing @ Solventum.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`
`
`Disposition of Claims*
`1-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 1,3-4,7,10 and 13-15 is/are rejected.
`Claim(s) 2,5-6,8-9,11-12 and 16-18 is/are objected to.
`C] Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)2) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 20 April 2023 is/are: a)T] accepted or b) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)2) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 09142023.
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240923
`
`Application No.
`Applicant(s)
`18/249,937
`KORTEN etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`LEO B TENTONI
`1742
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)™) Responsive to communication(s)filed on 14 September 2023.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Application/Control Number: 18/249,937
`Art Unit: 1742
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`Drawings
`
`2.
`
`The drawings are objected to because in Figure 3B, numeral “322” does not appear to
`
`be described in the originally-filed specification. Corrected drawing sheets in compliance with
`
`37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the
`
`application. Any amended replacement drawing sheet should include all of the figures
`
`appearing on the immediate prior version of the sheet, even if only one figure is being
`
`amended. The figure or figure number of an amended drawing should not be labeled as
`
`“amended.”If a drawing figure is to be canceled, the appropriate figure must be removed from
`
`the replacement sheet, and where necessary, the remaining figures must be renumbered and
`
`appropriate changes made to the brief description of the several views of the drawings for
`
`consistency. Additional replacement sheets may be necessary to show the renumbering of the
`
`remaining figures. Each drawing sheet submitted after the filing date of an application must be
`
`labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR
`
`1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and
`
`informed of any required corrective action in the next Office action. The objection to the
`
`drawings will not be held in abeyance.
`
`
`
`Application/Control Number: 18/249,937
`Art Unit: 1742
`
`Page 3
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction
`
`of the statutorybasis (i.e., changing from AIA to pre-AlA) 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.
`
`4.
`
`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.
`
`5.
`
`Claim(s) 1, 3 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi
`
`et al (CN 201423314 Y).
`
`Regarding claim 1, Shi et al (see the entire document,in particular, paragraphs [0002],
`
`[0007] and [0052] of the translation; Figures 4 and 5) teaches a process (see paragraph [0002]
`
`(polymer material processing) of Shi et al), including (a) obtaining an insert including a sieve
`
`defining a plurality of openings each having a diameter of 10 — 200 micrometers(see Figures 4
`
`and 5; paragraph [0052] (centrifugal sleeve 3 (i.e., insert), filter medium layer 1 (i.e., sieve)
`
`having a pore size of 100 — 150 microns) of Shi et al); (b) placing a volume ofa fluid in the insert,
`
`wherein the fluid includes a photopolymerizable composition and a contaminant (see
`
`paragraph [0007] (centrifugal rotor for melt filtration, to filter inclusions in organic polymer
`
`melts) of Shi et al); and (c) subjecting the volume ofthe fluid to a centrifugal force to separate
`
`the contaminant from at least a portion of the photopolymerizable composition by retaining
`
`
`
`Application/Control Number: 18/249,937
`Art Unit: 1742
`
`Page 4
`
`the contaminant in the insert and passing at least a portion of the photopolymerizable
`
`composition through the sieve of the insert to provide a separated photopolymerizable
`
`composition (see paragraph [0052] (centrifugal filter rotor) of Shi et al).
`
`Regarding claim 3, see paragraph [0007] (filter inclusions in organic polymer melts) of
`
`Shi et al.
`
`Regarding claim 7, there does not appear to be any pressurization in the processof Shi
`
`et al.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction
`
`of the statutorybasis (i.e., changing from AIA to pre-AlA) 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.
`
`7.
`
`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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`8.
`
`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
`
`ownedas ofthe 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
`
`
`
`Application/Control Number: 18/249,937
`Art Unit: 1742
`
`Page 5
`
`effective filing dates of each claim that was not commonly owned as ofthe 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.
`
`9.
`
`Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al (CN
`
`201423314 Y) as applied to claims 1, 3 and 7 above, and further in view of Fan et al (U.S. Patent
`
`No. 5,474,719 A).
`
`Regarding claim 4, Shi et al does not teach (1) that the photopolymerizable composition
`
`exhibits shear thinning behavior. Fan et al (see the entire document,in particular, col. 1, lines 7-
`
`14) teaches a process(see col. 1, lines 7-9 (methods for the formation of solid objects by solid
`
`imaging) of Fan et al), wherein a photopolymerizable composition exhibits shear thinning
`
`behavior (see col. 1, lines 9-14 (forming solid objects by solid imaging using pseudoplastic (i.e.,
`
`shear thinning) compositions) of Fan et al), and it would have been obvious to one of ordinary
`
`skill in the art before the effective filing date of the claimed invention to provide a
`
`photopolymerizable composition exhibiting shear thinning behavior in the processof Shi et al in
`
`view of Fan et alin order to produce solid objects with improved accuracy and speed (see col. 1,
`
`lines 9-14 of Fan etal).
`
`10.
`
`Claim(s) 10, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Shi et al (CN 201423314 Y) as applied to claims 1, 3 and 7 above,and further in view of Teken et
`
`al (U.S. Patent Application Publication 2014/0203479 A1).
`
`Regarding claim 10, Shi et al does not teach (1) prior to step (a), (f) selectively curing an
`
`initial photopolymerizable composition using actinic radiation to provide a three-dimensional
`
`object and the fluid including the photopolymerizable composition and the contaminant. Teken
`
`
`
`Application/Control Number: 18/249,937
`Art Unit: 1742
`
`Page 6
`
`et al (see the entire document, in particular, paragraphs [0021] and [0022]; Figure 1) teaches a
`
`process(see paragraph [0021] (three-dimensional (3D) printing) of Teken et al), including
`
`selectively curing an initial photopolymerizable composition using actinic radiation to provide a
`
`three-dimensional object and the fluid including the photopolymerizable composition and the
`
`contaminant (see Figure 1, paragraph [0025] (radiation source 170) of Teken etal), and it
`
`would have been obvious to one of ordinaryskill in the art before the effective filing date of the
`
`claimed invention to selectively cure an initial photopolymerizable composition using actinic
`
`radiation to provide a three-dimensional object and the fluid including the photopolymerizable
`
`composition and the contaminant in the processof Shi et al in view of Teken et al in order to
`
`manufacture a three-dimensional object.
`
`Regarding claims 13 and 14, see Figure 1, paragraph [0021] (material supply unit 140
`
`includes two or more new material containers 142 and one or more reusable material
`
`containers 144) of Teken etal.
`
`11.
`
`Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teken etal
`
`(U.S. Patent Application Publication 2014/0203479 A1) in combination with Shi et al (CN
`
`201423314 Y).
`
`Regarding claim 15, Teken et al (see the entire document, in particular, paragraphs
`
`[0021] and [0022]; Figure 1) teaches an apparatus (see Figure 1, paragraph [0021] (three-
`
`dimensional (3D) printing system) of Teken etal), including (a) an additive manufacturing
`
`apparatus (see Figure 1, paragraph [0021] (three-dimensional (3D) printing system) of Teken et
`
`al) and (b’) a filter (see Figure 1, paragraph [0022](filter 146) of Teken et al). Teken et al does
`
`not teach (b) a centrifuge, or (c) an insert configured to be inserted in the centrifuge, the insert
`
`
`
`Application/Control Number: 18/249,937
`Art Unit: 1742
`
`Page 7
`
`including a sieve defining a plurality of openings each having a diameter of 10 — 200
`
`micrometers. Shi et al (see the entire document, in particular, paragraphs [0002], [0007] and
`
`[0052] of the translation; Figures 4 and 5) teaches an apparatus (see paragraph [0002] (filtering
`
`apparatus) of Shi et al), including a centrifuge (see Figures 4 and 5; paragraph [0007]
`
`(centrifugal rotor for meltfiltration, to filter inclusions in organic polymer melts) of Shi et al),
`
`and an insert configured to be inserted in the centrifuge, the insert including a sieve defining a
`
`plurality of openings each having a diameter of 10 — 200 micrometers (see Figures 4 and 5;
`
`paragraph [0052] (centrifugal sleeve 3 (i.e., insert), filter medium layer 1 (i.e., sieve) having a
`
`pore size of 100 — 150 microns) of Shi et al), and it would have been obvious to one of ordinary
`
`skill in the art before the effective filing date of the claimed invention to provide a centrifuge
`
`and an insert configured to be inserted in the centrifuge, the insert including a sieve defining a
`
`plurality of openings each having a diameter of 10 — 200 micrometers in the apparatus of Teken
`
`et al in view of Shi et al because the substitution of one or more known elements for one or
`
`more other known elements would haveyielded predictable results (e.g., the filtration of a
`
`polymer melt) to one of ordinary skill in the art.
`
`Allowable Subject Matter
`
`12.
`
`Claims 2, 5, 6, 8, 9, 11, 12 and 16-18 are objected to as being dependent upon a rejected
`
`base claim, but would be allowable if rewritten in independent form includingall of the
`
`limitations of the base claim and any intervening claims.
`
`
`
`Application/Control Number: 18/249,937
`Art Unit: 1742
`
`Page 8
`
`Conclusion
`
`13.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LEO B. TENTONI whosetelephone number is (571)272-1209.
`
`The examiner can normally be reached 7:30-4:00 ET M-F.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing
`
`using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Christina A. Johnson can be reached on (571)272-1176. The fax phone number for
`
`the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
`
`to registered users. To file and manage patent submissions in Patent Center,visit:
`
`https://patentcenter.uspto.gov.Visit https://www.uspto.gov/patents/apply/patent-center for
`
`moreinformation about Patent Center and https://www.uspto.gov/patents/docx for
`
`information about filing in DOCX format. For additional questions, contact the Electronic
`
`Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a USPTO
`
`Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`LEO B. TENTONI
`
`Primary Examiner
`Art Unit 1742
`
`
`
`Application/Control Number: 18/249,937
`Art Unit: 1742
`
`/LEO B TENTONI/
`Primary Examiner, Art Unit 1742
`
`Page 9
`
`