Invalidity dossier

US 10041866

Reproducible sample preparation method for quantitative stain detection

Current assignee: University of South Carolina

Added 9/24/2026, 3:36:02 PM

IndustryMedical (M)
At a glanceNo PTAB challengesNo litigation on fileMedical (M)

Active provider: DeepSeek · deepseek-v4-flash

Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

I'll search for this specific patent number across the requested sources.

Search Results — US Patent No. 10,041,866

Important scope note: I searched for the exact number "10041866." My searches surfaced the Google Patents, Justia, and USPTO-report records for US 10,041,866 B2 (and its sibling US 9,885,147 B2), but I found no litigation docket or CAFC appeal involving this patent. The CAFC/docket results my searches returned (e.g., Shenzhen Jisu Technology v. various, Power2B v. Samsung, Gamevice/Nintendo, Boxcast v. Resi Media, Hanshow/SES-Imagotag) involve unrelated patent numbers and are not associated with US 10,041,866. I therefore cannot confirm any 2026 CAFC docket activity for this patent — treat the absence of litigation as "none found," not as a verified negative.

Bibliographic Data (from the patent record itself)

Field Value
Patent number US 10,041,866 B2
Title Reproducible sample preparation method for quantitative stain detection
Assignee University of South Carolina (original and current)
Application no. 15/136,252
Filing date 2016-04-22
Priority date 2015-04-24 (US provisional 62,152,075)
Issue/grant date 2018-08-07
Pre-grant publication US 2016/0312401 A1 (2016-10-27)
Inventors Zhenyu Lu; Brianna Cassidy; Katherine Witherspoon; Stephanie Dejong; Raymond G. Belliveau, III; Michael Myrick; Stephen L. Morgan
Classification G01N 1/30; G01N 33/49 (plus G01N 1/28, G01N 33/48/483/487, B33Y 10/00)
Claims 18 total (1 independent)
Status Active; adjusted expiration 2036-12-21
Government interest NIJ award 2011-IJ-CX-K055

Note: the sibling application 15/136,217 → US 9,885,147 B2 (granted 2018-02-06) shares the same title, priority, and assignee, and is listed as "Expired – Fee Related." It is a distinct patent with a different claim set (it claims a mask-based application method with a stain applied to a target area), so it should not be conflated with US 10,041,866.

Abstract (verbatim)

"A stain-barrier is described along with methods of its application to a fabric. The stain barrier reduces variability between samples of different dilution or fabric type so that limits of stain detection can be assigned more accurately and precisely and stain detection techniques can be transparently compared."

Plain-Language Overview of the Independent Claim

Claim 1 is the sole independent claim; all others (2–18) depend from it (directly or via claim 2 or 17). In plain terms, claim 1 covers:

  1. Printing a filament onto a first surface of a fabric, where the filament is made of an inert polymeric composition (e.g., a low-melting polymer such as polylactic acid (PLA) or polycaprolactone); and
  2. Cooling that composition so it forms an inert polymeric coating within the fabric, arranged so that the sample area is completely surrounded by the coating (i.e., a printed ring/barrier that confines a subsequently applied liquid to a defined region and blocks it from wicking out).

The point of the invention is reproducibility: by 3D-printing a polymer barrier that impregnates the fabric and encircles a defined sample area, differences in how a liquid (e.g., a blood dilution) spreads on different fabrics or at different dilutions are held constant, enabling fair comparison of stain-detection techniques.

What the Dependent Claims Add (grouped)

  • Thermal/extrusion parameters (claims 2–6, 17): extrusion temperature above the polymer's glass-transition temperature; extrusion temp ~100–200 °C (more narrowly ~125–150 °C); polymer Tg ~50–100 °C; and variants where the polymer's melting temperature is above, or below, the extrusion temperature.
  • Materials (claims 7, 18): polymer comprising polylactic acid; or a homopolymer of 2-oxepanone (polycaprolactone).
  • Fabric/coating geometry (claims 8–11): printing on both the first and second opposite surfaces; the composition saturating the fabric around the sample area; woven fabric; and fabric of cotton, nylon, polyester, silk, or mixtures.
  • Processing (claims 12, 14–16): cooling at below ~100 °C; preheating the fabric within 20% of extrusion temperature; heating during printing within 20% of extrusion temperature; and post-print heating sufficient to soften/flow the polymer through the fabric thickness.
  • End use (claim 13): applying a blood sample to the sample area, where the blood saturates the fabric in the area but is prevented from migrating out by the inert coating.

Confidence and Caveats

  • The title, assignee, inventors, dates, abstract, and claim structure are drawn directly from the authoritative patent text and corroborated by Google Patents and Justia; high confidence.
  • The current legal status / expiration (2036-12-21) is per the record's stated assumption ("the legal status is an assumption and is not a legal conclusion") — moderate confidence.
  • No litigation or CAFC 2026 docket entry for US 10,041,866 was found. If a specific 2026 CAFC matter exists, I do not have authoritative confirmation of it, and I am not asserting one.
  • There is a minor inconsistency in the record regarding inventor Stephanie Dejong's residence (Ripon, CA per Justia vs. the University of South Carolina context); I have not resolved this and flag it as uncertain.

Generated 9/29/2026, 10:21:54 PM

Cases on file (0)

Specific litigation cases in our database that name US patent 10041866. The free-form analysis below may also discuss cases beyond this list.

No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll research litigation involving US patent 10041866 across patent litigation databases.

Let me try more targeted searches on patent litigation databases.

Let me run additional targeted searches to confirm whether any litigation exists.

Litigation Search Results: US Patent No. 10,041,866

Bottom line

I found no record of any litigation (district court, ITC, or CAFC appeal) involving US Patent No. 10,041,866. I also found no PTAB post-grant proceedings (IPR/PGR/CBM) challenging it. Based on the sources searched, this patent appears to be litigation-free.

What US 10,041,866 is (context for why this is unsurprising)

  • Title: "Reproducible sample preparation method for quantitative stain detection"
  • Assignee: University of South Carolina (original and current)
  • Application No.: 15/136,252 | Filed: 2016-04-22 | Granted: 2018-08-07
  • Priority: 2015-04-24 (provisional 62/152,075)
  • Claim type: A method of forming a sample area on a fabric by 3D-printing an inert polymeric (e.g., polylactic acid / polycaprolactone) filament onto the fabric and cooling it to form an inert polymeric coating that surrounds the sample area — used to create reproducible bloodstain samples for forensic detection-limit studies.
  • Government interest: Made with NIJ support under 2011-IJ-CX-K055.
  • Status: Active; adjusted expiration 2036-12-21. Maintenance fee paid (4th yr, 2022); next fee reminder mailed 2026-03-30.

This is a niche academic forensic-science research tool patent. It is not a commercially asserted patent, and its assignee is a public university with no history (that I could find) of asserting this patent.

Sources searched and limitations (stated explicitly, per your rules)

I ran searches targeting patent-litigation databases and sources (Unified Patents litigation portal–style queries, CourtListener/CAFC feeds, and general web searches keyed to "10041866" and "10,041,866" combined with litigation, lawsuit, defendant, and PTAB terms). Every query returned no matching case. Returning hits referenced other patents (e.g., US 7,281,135, US 10,311,073, US 9,253,239, US 7,454,002) and unrelated parties, not US 10,041,866.

Important caveats — I do not want to overstate confidence:

  1. I was unable to directly load the Unified Patents caselist portal or PACER in this session; my results come from general/indexed search rather than a direct docket query. A litigation-filing that is not well-indexed could theoretically be missed.
  2. I found no affirmative filing to cite as evidence of a case, which is consistent with (but not conclusive proof of) zero litigation.
  3. Only the patent's own Google Patents page and family/prosecution data appeared — those show no "Litigation" or "PTAB" section, which further supports the no-litigation conclusion.

Recommendation for definitive confirmation

To close the residual uncertainty, a direct docket check is warranted:

  • PACER / CourtListener RECAP: search party "University of South Carolina" and the patent number 10,041,866.
  • Unified Patents litigation portal (portal.unifiedpatents.com/litigation) — filter by patent number 10041866.
  • USPTO Patent Trial and Appeal Board and USPTO Patent Assignment / Global Dossier for any post-grant filings or transfers.

If none of those return results, the conclusion stands: no known litigation involving US Patent 10,041,866 as of April 26, 2026.

Generated 9/29/2026, 10:21:53 PM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll verify the PTAB docket status with web searches before writing anything up.

Let me run a few more targeted searches to be thorough before concluding.

Let me check the sibling patent in this family and any related litigation, since that's a common source of PTAB filings.

Proceedings overview

Zero AIA trial proceedings — no IPR, PGR, or CBM — have been filed against US 10041866. The canonical structured block for this patent states that the USPTO Open Data Portal returns no AIA trial proceedings as of the most recent ingest, and my independent web searches surfaced no petition, institution decision, Final Written Decision, or CAFC appeal naming this patent. The breakdown is therefore: 0 active / 0 claims invalidated / 0 claims sustained / 0 settled / 0 institution denials. The defensive posture this gives a defendant is neutral, not favorable: there is no invalidating FWD to lean on and no estoppel record to exploit, but the complete absence of PTAB activity also means the patent's claims have never been tested — nothing has been canceled, and all 18 claims stand unadjudicated. A defendant's IPR would be a first-challenge, not a follow-on.

Detailed search of record

I looked specifically for the artifacts a proceeding would leave behind and found none:

  • Petition naming the patent — nothing. The only US10041866 strings returned by search are incidental: citations to this patent on the Google Patents pages of unrelated patents (e.g., US 7,123,360; US 7,551,285; US 2007/0252711), and a Wanfang Data record whose US10041866 is an unrelated 2002 Chinese database identifier, not this patent.
  • PTAB EA2E / PTAB Decisions docket — no hits for this number.
  • Federal Circuit / CourtListener — no appeal or opinion referencing US 10041866.
  • District court assertion — no complaint found naming this patent. (Searches were constrained; see caveats below.)

Caution — one family member worth a separate check

The Google Patents "Similar Documents" table lists US 9,885,147 B2, titled "Reproducible sample preparation method for quantitative stain detection," same assignee (University of South Carolina), publication date 2018-02-06 — i.e., a sibling in the same family. I did not complete a dedicated PTAB check on the '147 patent before reaching my search limit, so I cannot state whether proceedings exist there. If you are clearing this family, run '147 through PTAB E2E independently; a challenge filed against the sibling would not appear in the '866 docket but could signal a broader validity attack on the shared specification.

Strategic summary

Nothing is canceled; nothing is sustained; nothing is adjudicated. All 18 claims of US 10041866 — independent claim 1 and its dependents, including the blood-sample method claims 13–16 and the polycaprolactone claims 17–18 — remain in force in their originally issued form. The patent's legal status in the ODP block reads "Active, expires 2036-12-21" (adjusted expiration reflecting the 2016-04-22 filing date plus term adjustment), with a 4th-year maintenance fee paid on 2022-01-13 and a maintenance-fee reminder mailed 2026-03-30 — so the owner is current and the patent is not at risk of lapse for non-payment in the near term. Because no claim has been challenged, there is no narrowing to map: the claim set you must design around or invalidate is the full original set, and the strongest claims-invalidated argument is unavailable because it does not exist.

Estoppel landscape is empty — which cuts both ways. No petitioner has been subjected to § 315(e)(2) estoppel on this patent, so there is no pre-screened ground set that a prior petitioner has already burned. That means a defendant retains maximum freedom to select art, but gains no benefit from someone else's work: you cannot piggyback on a prior petitioner's obviousness combination, expert declaration, or claim-construction wins. Equally, you face no § 315(a)(1) bar from an earlier-filed DJ action and no § 325(e)(1) estoppel within the Office. If you file an IPR, you will be the first to litigate claim 1's "printing a filament," "inert polymeric composition," and "completely surrounded" limitations — all three of which are broad, functional-flavored phrases that look vulnerable to § 112 and to art-based attack using conventional 3D-printing-on-textile references.

Pattern signals are uniformly absent. No single petitioner has filed multiple IPRs here; the patent owner has not appeared as an appellant at the Federal Circuit in any matter involving this number; and there is no defensive aggregator (Unified Patents, RPX, or similar) in the chain — consistent with the low commercial profile of the technology. The patent is university-owned forensic-sample-preparation subject matter (government-funded under NIJ award 2011-IJ-CX-K055, per the specification's Government Support Clause), a class of patents that is disproportionately licensed or dormant rather than asserted. The absence of IPRs is therefore best read as no one has found it worth attacking, not as it has survived attack — a meaningful distinction when assessing litigation risk.

Recommended next steps

  • There is no FWD to link to, because none exists. I will not manufacture a proceeding number or a disposition. If you need a negative-clearance artifact for a file, the citable record is the absence of entries in PTAB E2E for US 10041866 — the search string https://ptacts.uspto.gov/ptacts/ → Patent Number 10041866 should return an empty trials list.
  • Confirm the negative directly, then widen. Re-run PTAB E2E in a few weeks to catch recently filed petitions the ODP ingest may not yet reflect (a petition can be filed and not appear in structured feeds for a period). In the same pass, check US 9,885,147 B2 (sibling) and any continuation in the family, since a challenger would likely attack the family together.
  • If you are the defendant, the posture is set your way — file first if you intend to file. With no earlier petitioner on file, there is no § 315(b) one-year bar already triggered by your service of a complaint on someone else, and no § 315(e) estoppel constraining your grounds. The trial clock, once instituted, is the statutory one year from institution under § 316(a)(11); institution decisions issue within roughly six months of the petition's filing date under § 314(b). Budget for those two milestones.
  • Weigh the § 314(a)/Fintiv posture carefully if there is parallel litigation. Because the patent appears unasserted, there is likely no parallel district court case to trigger discretionary denial — which is favorable to institution. But verify: a just-filed complaint you did not find in my searches would change the Fintiv calculus entirely, particularly the proximity of the trial date to the Board's statutory FWD deadline.
  • The absence of PTAB activity is itself the signal. Well-asserted patents attract IPRs, usually within a year or two of the first infringement complaint. The clean PTAB docket on a patent granted 2018-08-07 and still active in 2026 suggests either (a) a licensing-only, non-asserted enforcement strategy, or (b) a patent whose commercial relevance has not yet drawn a well-funded challenger. If a demand letter arrives citing this patent, the fact that no competitor has bothered to invalidate it in eight-plus years is a negotiating datapoint — not proof of strength.

Confidence and caveats: I have high confidence in the "no PTAB proceedings" conclusion, because it is corroborated by the canonical ODP-derived structured block and by independent searching. I have lower confidence on the negative findings for district court litigation and for the sibling patent US 9,885,147 B2, because my searches were cut off by a step limit and I could not complete a dedicated docket check on either. Treat those as "not found" rather than "confirmed absent," and verify before relying on them in a client communication.

Generated 9/29/2026, 10:22:05 PM

Ownership chain (1)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. ? · recorded 2016-04-22 · reel 038356/0558 · Assignment

    Zhenyu Lu; Brianna Cassidy; Katherine Witherspoon; Stephanie Dejong; Raymond G. Belliveau, III; Michael Myrick; Stephen L. MorganUniversity of South Carolina

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment chain for US 10,041,866, starting with the USPTO Assignment Center and cross-referencing sources.

Let me dig into the specific assignment record and any downstream transfers.

Assignment & Ownership Analysis — US Patent No. 10,041,866 B2

Source basis note: I was not able to load the USPTO Assignment Center UI (assignmentcenter.uspto.gov) directly in this session; the assignment data below is drawn from the patent record's own legal-events block (Google Patents mirror of the USPTO assignment record) plus corroborating searches. I flag where the record is silent rather than filling gaps.

Bottom line up front: The Assignment Center record for this patent contains exactly one recorded assignment — the original inventor→university transfer (Reel 038356/0558). There are no post-issuance assignments, no security interests, no mergers, and no NPE transfers. This is a single-link chain.


Inventors

Inventor Employer at time of filing (per available evidence) Notes
Zhenyu Lu University of South Carolina (Chemistry & Biochemistry) Listed first on USC's TechFinder licensing listing
Brianna Cassidy University of South Carolina
Katherine Witherspoon University of South Carolina
Stephanie Dejong University of South Carolina ⚠️ Contradiction to flag: the earlier "Patent summary" section noted a Justia record placing Dejong in Ripon, CA, inconsistent with the USC context. I could not resolve this; treat her employer as unconfirmed.
Raymond G. Belliveau, III University of South Carolina
Michael Myrick University of South Carolina (Chemistry & Biochemistry faculty) Long-time USC analytical/optical spectroscopy PI
Stephen L. Morgan University of South Carolina (Chemistry & Biochemistry faculty) Long-time USC analytical chemistry PI

Unusual-pattern check — negative. I found no evidence of inventors departing the assignee within 12 months of filing, and no evidence of a portfolio fire-sale. To the contrary: USC's technology-commercialization portal (techfinder.sc.edu / canberra-ip.technologypublisher.com) still lists this invention live, and the sibling listing (Ref. #01146) carries an expanded inventor roster (adding Alena Bensussan, Jennifer Martin, Wayne O'Brien, Mackenzie Meece-Rayle) — consistent with a continuing, retained research program, not a departing-inventor fire-sale. Reference "#01152 — Reproducible Sample Preparation Using 3D Printing" is a separate but related USC disclosure.


Original assignee

University of South Carolina (original assignee on the issued patent, and — per the record — still the owner).

  • Entity type / line of business: public research university (state institution); the relevant unit is its technology-transfer / commercialization office (USC Technology Commercialization Office, fronted online as "TechFinder," operated on the canberra-ip.technologypublisher.com platform).
  • Product embodying the claims: No. The claims cover a laboratory sample-preparation method (3D-printing an inert polymer barrier onto fabric to define a stain sample area). It is a research/forensic-method patent, not a commercial article. USC is a non-manufacturing assignee.
  • Current status: Operating — the university is intact and actively offering the technology for license (USC TechFinder listings Ref. #01146 and #01152 are currently live, with listing update dates of 2025-05-15 and 2026-03-18 respectively). No bankruptcy, no dissolution, no acquisition.
  • Government interest: made with NIJ support under award 2011-IJ-CX-K055 (per the patent's Government Support Clause) — relevant to any future transfer, since a government-interest patent carries march-in/notification considerations, another reason universities rarely transfer these outright.

Assignment timeline

  • 2015-05-02 → 2015-05-18 (executed; signing dates span this range) / recorded 2016-04-22 — Reel 038356/0558
    • Conveyance: Assignment (Assignment of Assignors' Interest)
    • Assignor: Zhenyu Lu; Brianna Cassidy; Katherine Witherspoon; Stephanie Dejong; Raymond G. Belliveau, III; Michael Myrick; Stephen L. Morgan (individual inventors)
    • Assignee: University of South Carolina (South Carolina)
    • Correspondent: ⚠️ Not captured in the record text I could retrieve. The legal-events entry gives the assignment's substantive detail ("ASSIGNMENT OF ASSIGNORS' INTEREST; ASSIGNORS: WITHERSPOON, KATHERINE; BELLIVEAU, RAYMOND; DEJONG, STEPHANIE; MYRICK, MICHAEL; CASSIDY, BRIANNA; MORGAN, STEPHEN L.; LU, ZHENYU; REEL/FRAME:038356/0558") but does not surface the recording correspondent/attorney of record in the text available to me. I will not invent one. Given the assignee is a university, the correspondent is almost certainly the university's in-house tech-transfer counsel or its outside IP firm — but that is an inference, not a record citation.
    • Context: Initial inventor-to-employer assignment — the standard, expected first link in a university-owned patent chain. Note the assignment was executed roughly a year before the non-provisional was filed (2016-04-22), and immediately after the 2015-04-24 provisional — normal university practice.

No further links found. Specifically, I found no change-of-name, security agreement, merger, license recording, release, correction, or outright assignment after the 2016 recording. The Google Patents legal-events block likewise shows only the single ASSIGNMENT(AS) event plus prosecution/maintenance-fee events.


Timeline diagram

timeline
    title Ownership of US 10041866
    2015 : Provisional filed 2015-04-24
         : Inventors assign rights to USC
    2016 : Assignment recorded Reel 038356/0558
         : Non-provisional filed 2016-04-22
    2018 : Patent issued to University of South Carolina
    2026 : Still owned by USC
         : Offered for license via TechFinder

NPE / troll-pattern signals

# Signal Call Evidence
1 Shell-entity transfer Not present No assignment to any LLC/Inc. Reel 038356/0558 runs inventors → University of South Carolina (a public state institution, not a shell). No "IP/Holdings/Ventures/Licensing" transferee anywhere in the chain.
2 Known asserter in the chain Not present Chain contains one entity: USC. USC appears on none of the listed NPE registers (Acacia, Marathon, IV, IPNav, Wi-LAN, Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation, Spangenberg entities). I found no Unified Patents / RPX high-frequency-plaintiff listing for USC.
3 Repeat correspondent across the chain Insufficient data The chain has only one link, and its recording correspondent was not retrievable from the record text I could access. A recurrence test is structurally impossible on a one-link chain — this is absence of evidence, not a negative finding. If the Assignment Center UI is queried directly (Reel 038356/0558), the correspondent field would settle this.
4 Cascading transfers Not present No consecutive transfers exist; the chain never moves after 2016. There is nothing to cascade.
5 Pre-litigation transfer Not present No infringement suit naming this patent was identified (consistent with the earlier "Litigation summary" section). With no suit, and no transfer after 2016, there is no pre-suit reassignment window.
6 Bankruptcy fire-sale Not present Original assignee is a solvent public university; no Chapter 7/11 event. USC continues to operate and to market the technology (active 2025–2026 TechFinder listings).
7 Privateering Not present No transfer from USC to any third-party assertion vehicle; no SEC-filing or Patent Progress/EFF coverage linking USC to a proxy asserter. USC retains title and is licensing directly through its own TCO.
8 Defensive aggregator Not present The chain does not terminate at RPX, AST, LOT, Unified Patents, or OIN. Termination is at the originating university. (Inverse note: this patent has not been "neutralized," but neither is it asserted — it simply sits with the university.)

Verdict

Insufficient data — more precisely, a single-link chain with the original assignee still in place.

The only recorded assignment is the initial inventor-to-university conveyance at Reel 038356/0558 (executed 2015-05-02 to 2015-05-18; recorded 2016-04-22), and no assignment, security interest, merger, or transfer has been recorded since. Because there are no post-issuance records at all, the NPE/privateering tests are not merely failed — they are inapplicable: USC remains the owner, does not sell a product embodying the claims, and instead offers the method for license via its TechFinder portal (Refs. #01146 and #01152, listings live as of 2025–2026). Per the task's own decision rule, "no records, or only the original assignment" maps to Insufficient data, so no NPE label is warranted.

Residual uncertainties (stated, not papered over):

  1. The recording correspondent for Reel 038356/0558 was not retrievable from the sources available to me — this is the one field that would most strengthen a repeat-player analysis, and it is genuinely missing rather than "clean."
  2. My access to the Assignment Center UI was indirect. I found no contrary evidence, but a direct Reel/Frame lookup is the confirmatory step.

Verification links:

Generated 9/29/2026, 10:22:15 PM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research this patent's prior art. Let me start with targeted searches on the patent and its cited references.

Let me dig deeper into the specific cited references and the sibling patent.

Prior-Art Analysis — US Patent No. 10,041,866 B2

Note on scope and method. Per the authoritative patent text, the record lists 58 cited patent documents (the "Patent Citations (58)" set) plus 30 non-patent citations. Below I first state the legal baseline, then prioritize the references by relevance, then give a complete citation-by-citation table with a §102 assessment. Consistent with your rules, I have not auto-corrected any identifier; where the record's number collides with a different document found in search, I flag it rather than silently fixing it.


1. What a §102 reference would have to disclose

Claim 1 (the only independent claim) requires, in combination:

  • (a) printing a filament onto a first surface of a fabric, the filament comprising an inert polymeric composition; and
  • (b) cooling that composition to form an inert polymeric coating in the fabric such that the sample area is completely surrounded by the coating.

Anticipation under 35 U.S.C. §102 requires a single reference that discloses every element arranged as claimed (Net MoneyIN v. VeriSign; MPEP 2131). Because the application has an effective filing date of 2015-04-24 / 2016-04-22, it is a post-AIA case; all cited documents predate it and are available as §102(a)(1) (patented/published) and §102(a)(2) (published US applications) art. The question is whether any actually teaches the claimed printing-a-polymer-barrier-into-fabric method.

Bottom line up front: None of the 58 cited patent documents discloses 3D-printing a polymeric filament onto fabric to form an inert coating that impregnis the fabric and surrounds a sample area. No cited reference anticipates any of claims 1–18. The citations fall into (i) a small group of fabric/liquid-handling references that are the closest but still fail §102, and (ii) a large group of the assignee's own and third-party optical-computing/spectroscopy patents that are non-analogous art to the claimed textile-printing method.

Contradiction flag: The "Prior art keywords" on the record are fabric, temperature, inert polymeric, polymer, polymeric composition — i.e., the real field of the claims. Yet ~45 of the 58 citations are optics/spectroscopy references (see the heavily USC-owned block). This is characteristic of an examiner leveraging the assignee's (University of South Carolina's) large optical-computing portfolio rather than true field-of-invention art. Anyone re-analyzing validity should treat the optics citations as largely irrelevant to claim 1.


2. The most relevant cited art (fabric / liquid-handling / forensic trace)

These are the only citations whose subject matter even touches the claimed field. Even these do not anticipate.

Citation Dates (priority / pub.) Brief description §102 anticipation assessment
US 2003/0124936 A1 — Potts, David Charles (Kimberly‑Clark) — "Absorbent article with fluid treatment agent" 1998‑10‑30 (as listed) / 2003‑07‑03 Personal-care absorbent article (sanitary pad, wound dressing, etc.) having absorbent layers treated with a density modulator / RBC-lysing and gelling agents; absorbent material may be a porous nonwoven; body-fluid (incl. blood-containing) handling. No anticipation. Concerns treating absorbent fibers to modulate fluid, not printing a polymeric filament or forming a barrier ring around a sample area. Closest to claims 10–11/13 conceptually (nonwoven; blood), but discloses no printing/cooling/encircling element → fails §102 on claim 1 and all dependents. Possible §103 candidate only.
US 2009/0240222 A1 — Uni‑Charm Corp. — "Absorbent article" 2006‑11‑06 / 2009‑09‑24 Absorbent article with a fiber topsheet having top/bottom/wall regions of differing fiber density to control the spread direction and spread area of body fluid on the fabric. No anticipation. Controls fluid spread via fiber architecture — the opposite approach to the claimed printed polymer micro-barrier. No filament-printing, no inert polymer coating. Fails §102 as to every claim.
US 7,672,975 B2 — CaridianBCT (Gambro) — "Blood processing apparatus with dedicated stroboscopic controller for LED source" 2004‑07‑01 / 2010‑03‑02 Blood-processing apparatus (apheresis/centrifugation) with LED optical sensing. No anticipation. Entirely different apparatus and purpose; no fabric, no printing, no barrier. The only link is the word "blood."
US 2010/0265320 A1 — ChemImage Corp. — "System and Method for Improved Forensic Analysis" 2002‑10‑31 / 2010‑10‑21 Hyperspectral/chemical-imaging forensic analysis of trace evidence (incl. biological stains). No anticipation. Detection/analysis method, not a sample-prep barrier. Relevant background to the problem (forensic stain detection) but discloses none of the claim elements.
US 2012/0138820 A1 — ChemImage Corp. — "…detecting and visualizing ignitable liquid residues using hyperspectral imaging" 2010‑11‑19 / 2012‑06‑07 Hyperspectral detection of ignitable-liquid residues on surfaces. No anticipation. Detection-only; no fabric barrier, printing, or polymer.
US 2011/0284735 A1 (examiner-cited) — Van Berkel, Gary J. (UT‑Battelle) — "System and method for extracting a sample from a surface" 2010‑05‑07 / 2011‑11‑24 Surface-sampling/analysis (mass-spec-style) for trace analytes on a surface. No anticipation. Sample extraction/analysis, not creation of a bounded sample area by printing.
US 7,489,252 B2 and US 7,595,734 B2 — Kimberly‑Clark Worldwide — "Wetness monitoring systems…" 2006‑04‑26 / 2009‑02‑10 and 2009‑09‑29 Absorbent-article sensors for detecting/detecting-and-reporting wetness (with status notification; with power management). No anticipation. Sensor/monitoring electronics on absorbent articles; no printing of a polymeric barrier into fabric.
(context) US 2007/0201136 A1; US 2008/0276687 A1; US 2009/0073433 A1; US 2009/0216504 A1; US 2009/0219597 A1; US 2009/0219539 A1; US 2009/0219512 A1; US 2010/0195105 A1; US 2009/0140144 A1; US 2009/0250613 A1; US 2011/0090342 A1 — University of South Carolina (various) 2004–2009 / 2007–2011 Thin-film interference filters; multivariate optical computing; optical analysis systems/trains; thermal detectors; chemically-selective detectors; thermal-IR multi-mode imaging. No anticipation. These are the assignee's own optics/spectroscopy filings — non-analogous art to a textile-printing sample-prep method. They disclose no fabric, filament printing, or polymer barrier.

Also of note (applicant's own, not cited): the sibling US 9,885,147 B2 (app. 15/136,217; mask-based application of a barrier composition, PVC/resin + solvent, pub. 2018‑02‑06) is a distinct claim set, not a §102 reference against 10,041,866 (common inventive entity/assignee; not "by another"). It is a §102(a)(2)-type concern only if it qualified as "by another," which it does not — flag for completeness.


3. Full citation-by-citation table (§102 assessment for all 58)

Notation: "F/P" = filing (or priority) / publication date as listed on the record. All assessments: no §102 anticipation unless noted. "Non-analogous" = field unrelated to claims 1–18.

# Citation F/P Assignee / Title §102 assessment
1 US 3,562,524 A 1968‑12‑11 / 1971‑02‑09 Gen Electric — Alcohol-vapor concentration measurement Non-analogous; no anticipation.
2 US 3,684,867 A 1970‑07‑15 / 1972‑08‑15 N. K. Acker — Reading randomly positioned data Non-analogous; no anticipation.
3 US 3,783,284 A 1971‑10‑28 / 1974‑01‑01 Texas Instruments — Detection of petroleum products Non-analogous (remote sensing); no anticipation.
4 US 4,333,008 A 1975‑04‑21 / 1982‑06‑01 Sanders Associates — Polarization-coded laser detection Non-analogous; no anticipation.
5 US 4,201,914 A 1977‑03‑07 / 1980‑05‑06 B. Perren — Instrument to detect liquid presence Tangential (liquid detection), not fabrication; no anticipation.
6 US 5,179,422 A 1991‑05‑15 / 1993‑01‑12 ERIM — Contamination detection system Non-analogous; no anticipation.
7 US 5,247,185 A 1991‑10‑28 / 1993‑09‑21 Critikon — Regulated infrared source Non-analogous (IR hardware); no anticipation.
8 US 5,312,521 A 1992‑06‑30 / 1994‑05‑17 A. P. Fraas — Thermophotovoltaic generator Non-analogous; no anticipation.
9 US 5,946,088 A 1994‑05‑03 / 1999‑08‑31 Pfizer — Mixing/homogeneity detection Non-analogous; no anticipation.
10 US 5,504,332 A 1994‑08‑26 / 1996‑04‑02 Merck — Tablet homogeneity Non-analogous; no anticipation.
11 US 5,900,634 A 1994‑11‑14 / 1999‑05‑04 S. Soloman — On-line organic/inorganic analysis Non-analogous; no anticipation.
12 US 5,945,676 A 1996‑02‑02 / 1999‑08‑31 Instrumentation Metrics — NIR spectroscopy Non-analogous; no anticipation.
13 US 6,849,460 B2 1996‑10‑09 / 2005‑02‑01 Symyx — IR spectroscopy imaging of libraries Non-analogous; no anticipation.
14 US 6,260,997 B1 1997‑10‑28 / 2001‑07‑17 M. Claybourn — High-res spectroscopic microscopy Non-analogous; no anticipation.
15 US 6,504,943 B1 1998‑07‑20 / 2003‑01‑07 Sandia — Spectral imaging sensor Non-analogous; no anticipation.
16 US 6,490,035 B1 1998‑08‑07 / 2002‑12‑03 AstraZeneca — Mixing apparatus Non-analogous; no anticipation.
17 US 2003/0124936 A1 * 1998‑10‑30 / 2003‑07‑03 Potts (Kimberly‑Clark) — Absorbent article w/ fluid treatment agent Closest fabric/fluid reference; still no anticipation (see §2).
18 US 6,370,327 B1 1999‑07‑21 / 2002‑04‑09 Aerospatiale — IR emitter Non-analogous; no anticipation.
19 US 6,517,230 B1 2000‑02‑17 / 2003‑02‑11 AstraZeneca — Mixing apparatus & method Non-analogous; no anticipation.
20 US 6,776,517 B2 2000‑02‑17 / 2004‑08‑17 AstraZeneca — Mixing apparatus & method Non-analogous; no anticipation.
21 US 7,123,360 B2 2000‑10‑13 / 2006‑10‑17 ChemImage — NIR chemical imaging microscope Non-analogous; no anticipation.
22 US 2004/0239923 A1 2001‑09‑19 / 2004‑12‑02 B. W. Adams — Spectrometer w/ matched filtering Non-analogous; no anticipation.
23 US 2006/0106317 A1 2002‑09‑16 / 2006‑05‑18 Joule Microsystems — Detecting patterns in biological tissue Tangential (biological tissue optics); no anticipation.
24 US 2010/0265320 A1 2002‑10‑31 / 2010‑10‑21 ChemImage — Improved forensic analysis Tangential (forensic trace detection); no anticipation.
25 US 2005/0032235 A1 2003‑06‑18 / 2005‑02‑10 S. Tummala — Monitoring blend of a mixture Non-analogous; no anticipation.
26 US 2005/0062006 A1 2003‑09‑22 / 2005‑03‑24 R. D. Wilfert — Balanced segment seal valve Non-analogous; no anticipation.
27 US 7,623,235 B2 2004‑03‑20 / 2009‑11‑24 S.-T. Ho — Curved grating spectrometer Non-analogous; no anticipation.
28 US 7,671,975 B2 2004‑07‑01 / 2010‑03‑02 CaridianBCT — Blood processing apparatus (LED) Tangential (blood handling apparatus); no anticipation (see §2).
29 US 2007/0201136 A1 2004‑09‑13 / 2007‑08‑30 Univ. South Carolina — Thin-film interference filter Non-analogous (assignee's optics); no anticipation.
30 US 2006/0060278 A1 2004‑09‑17 / 2006‑03‑23 Y. Noguchi — Pneumatic tire Non-analogous; no anticipation.
31 US 2008/0276687 A1 2004‑10‑04 / 2008‑11‑13 Univ. South Carolina — Multivariate optical computing Non-analogous; no anticipation.
32 US 2010/0042348 A1 2004‑12‑15 / 2010‑02‑18 Philips — Calibration using multivariate optical elements Non-analogous; no anticipation.
33 US 2008/0094616 A1 2005‑05‑25 / 2008‑04‑24 Olympus — Surface-defect inspection Non-analogous; no anticipation.
34 US 2007/0152154 A1 2005‑06‑03 / 2007‑07‑05 M. F. DeCamp — 2-D spectroscopy Non-analogous; no anticipation.
35 US 7,623,237 B1 2005‑06‑17 / 2009‑11‑24 J. A. Woollam — Sample investigating system Non-analogous; no anticipation.
36 US 2007/0021670 A1 2005‑07‑18 / 2007‑01‑25 A. Mandelis — IR photothermal radiometry (teeth) Non-analogous; no anticipation.
37 US 7,417,228 B2 2005‑10‑28 / 2008‑08‑26 US DOE — Detecting oil pollution on water Non-analogous (remote sensing); no anticipation.
38 US 2009/0219512 A1 2005‑11‑28 / 2009‑09‑03 Univ. South Carolina — Optical analysis elements Non-analogous; no anticipation.
39 US 2009/0219538 A1 2005‑11‑28 / 2009‑09‑03 Univ. South Carolina — High-speed monitoring (MOE) Non-analogous; no anticipation.
40 US 2009/0073433 A1 2005‑11‑28 / 2009‑03‑19 Univ. South Carolina — Optical analysis system (normal incidence) Non-analogous; no anticipation.
41 US 2009/0216504 A1 2005‑11‑28 / 2009‑08‑27 Univ. South Carolina — Selecting spectral elements Non-analogous; no anticipation.
42 US 2009/0219597 A1 2005‑11‑28 / 2009‑09‑03 Univ. South Carolina — Optical analysis system/train Non-analogous; no anticipation.
43 US 2009/0219539 A1 2005‑11‑28 / 2009‑09‑03 Univ. South Carolina — Dynamic real-time detection Non-analogous; no anticipation.
44 US 2009/0303471 A1 2005‑12‑23 / 2009‑12‑10 P. J. Treado — Chemical imaging of explosives Non-analogous; no anticipation.
45 US 7,489,252 B2 2006‑04‑26 / 2009‑02‑10 Kimberly‑Clark — Wetness monitoring + notification Tangential (absorbent-article sensing); no anticipation.
46 US 7,595,734 B2 2006‑04‑26 / 2009‑09‑29 Kimberly‑Clark — Wetness monitoring + power mgmt Tangential; no anticipation.
47 US 2010/0195105 A1 2006‑11‑02 / 2010‑08‑05 Univ. South Carolina — Stability for optical computing Non-analogous; no anticipation.
48 US 2009/0240222 A1 * 2006‑11‑06 / 2009‑09‑24 Uni‑Charm — Absorbent article (fluid-spread control) Closest fabric/fluid-control reference; still no anticipation (see §2).
49 US 2008/0225303 A1 2007‑03‑13 / 2008‑09‑18 3D‑Shape GmbH — 3-D shape/surface-normal measurement Non-analogous; no anticipation.
50 US 2009/0140144 A1 2007‑11‑30 / 2009‑06‑04 Univ. South Carolina — Tuning D* (thermal detectors) Non-analogous; no anticipation.
51 US 2009/0245321 A1 2008‑03‑31 / 2009‑10‑01 H. I. Ringermacher — Flaw characterization by thermography Non-analogous; no anticipation.
52 US 2009/0250613 A1 2008‑04‑07 / 2009‑10‑08 Univ. South Carolina — Chemically-selective detector Non-analogous; no anticipation.
53 US 2009/0318815 A1 2008‑05‑23 / 2009‑12‑24 M. Barnes — Hyperspectral medical imaging Non-analogous; no anticipation.
54 US 2011/0007774 A1 2009‑07‑07 / 2011‑01‑13 C. Hatcher — Thermography of surface discontinuities Non-analogous; no anticipation.
55 US 2011/0090342 A1 2009‑10‑15 / 2011‑04‑21 Univ. South Carolina — Multi-mode thermal-IR imaging Non-analogous; no anticipation.
56 US 2011/0284735 A1 * 2010‑05‑07 / 2011‑11‑24 G. J. Van Berkel — Extracting a sample from a surface Tangential (sample prep/analysis); no anticipation.
57 US 2012/0138820 A1 * 2010‑11‑19 / 2012‑06‑07 ChemImage — Ignitable-liquid-residue detection Tangential (forensic detection); no anticipation.
58 US 2013/0230821 A1 2012‑03‑02 / 2013‑09‑05 Ormco — Heating endodontic instrument by IR Non-analogous; no anticipation.

4. Non-patent citations (30) — brief note

The 30 NPL items are a coherent forensic-science set on bloodstain age estimation and presumptive-test sensitivity (e.g., Andrasko 1997 HPLC; Bremmer 2012 review; Blum 2006 luminol; Budowle 2000 fluorescein; Webb 2006; Tobe 2007; Hanson 2010 Soret-band shift; Edelman 2012 NIR; the applicant's own Lu 2015 AAFS abstract; etc.). They establish the problem (irreproducible stains → widely divergent detection limits) that claim 1 solves, and are relevant for motivation/background, but none discloses the claimed printed-polymer-barrier method, so none anticipates any claim.


5. Conclusions, confidence, and caveats

  1. Most relevant cited art (ranked): US 2003/0124936 A1 (Potts) > US 2009/0240222 A1 (Uni‑Charm) > US 7,489,252 / 7,595,734 (Kimberly‑Clark) > US 7,671,975 (CaridianBCT) > the ChemImage/forensic and Van Berkel references. All are fabric/fluid-handling or forensic-detection art — the only citations that even share a field with the claims.
  2. §102 result: No cited patent reference anticipates any of claims 1–18. The single-reference "all elements" test fails because none discloses (a) printing a polymeric filament onto fabric and (b) cooling to form an inert coating that impregnates the fabric and encircles the sample area. The closest references (Potts, Uni‑Charm) are, at most, §103 candidates and even then only weakly (different mechanism: fiber treatment/density control vs. printed polymer micro-barrier; different purpose: absorbency/leakage vs. reproducible sample-area definition).
  3. Non-analogous majority: ~45 of the 58 citations are optical-computing/spectroscopy documents — many owned by the same assignee (Univ. of South Carolina) — and are not analogous art to a textile sample-preparation method.
  4. Identifier caution (literal reading preserved): The record cites US 2003/0124936 A1 (Potts, "Absorbent article with fluid treatment agent," pub. 2003‑07‑03). Web search also returns a similarly-numbered US 2013/0124936 A1 ("Tap and linking module…JTAG"), an unrelated document; these are different publications (2003 vs. 2013) and must not be conflated. The listed priority date "1998‑10‑30" for the Potts publication is inconsistent with its shown 2001‑12‑28 filing in secondary sources — I flag this rather than resolve it.

Caveats on confidence. The bibliographic data, claim structure, and citation list are drawn from the authoritative patent text (high confidence). The §102 assessments above are based on the references' titles, assignees, dates, and known subject matter — I was not able to open and read every full reference specification within this session's search budget, so each "no anticipation" call is a judgment (moderate-to-high confidence) that should be confirmed by reading the full text of the closest references (esp. Potts and Uni‑Charm) end-to-end. A definitive validity/anticipation opinion would also require a separate search of non-cited art (e.g., 3D-printing-on-textile and lab-on-fabric/paper-microfluidics literature), which is outside the "each cited reference" scope requested here.

Generated 9/29/2026, 10:22:55 PM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll ground this analysis by checking what the cited references actually teach before building combinations.

Obviousness Analysis — US 10,041,866 B2 under 35 U.S.C. § 103

Scope and method. I analyzed the claim set against the references listed in the "Citations (56)/(58)" and "Non-Patent Citations (30)" sections of the patent record, verified the technical content of the most relevant ones by pulling their own specifications, and applied the Graham v. John Deere / KSR Int'l v. Teleflex framework. Where the cited art does not squarely meet a limitation, I say so rather than stretching it. This builds on — and does not repeat — the prior summary, litigation, PTAB, and strategic sections; nothing in those sections contradicts what follows.

Bottom line up front: Claims 1–18 are vulnerable to § 103, but not on the cited art alone. The single most dangerous reference is US 2011/0284735 A1 (Van Berkel) — cited by the examiner — which discloses a hydrophobic barrier embedded in a fabric/paper absorptive layer that completely surrounds a blood sample region to prevent lateral diffusion, where the barrier is patterned to form wells before the sample is deposited. That reference meets every substantive element of claim 1 except the word "printing a filament." That gap is filled by the applicant's own admission that 3D printers capable of depositing a polymer filament are commercially available (spec., citing the MakerBot® Replicator 2), which is admitted prior art and, under KSR, may supply a missing element that is "a predictable use of prior art elements according to their established functions."


1. The person of ordinary skill in the art (POSITA)

A POSITA here is a forensic-science/analytical-chemistry researcher (or a textile-coating engineer working with such a researcher) with a bachelor's degree in chemistry, materials science, or textile engineering plus 2–3 years of experience, familiar with: (a) presumptive blood-detection reagents and their detection-limit variability (luminol, Bluestar®, fluorescein); (b) FT-IR and NIR spectroscopy of bloodstains; (c) fused-deposition modeling (FDM) 3D printing and its standard filaments (PLA, polycaprolactone); and (d) applying polymer coatings/barriers to textiles. The patent's own "Background" confirms this skill profile — the applicant frames the entire problem in terms of dilution-spreading and substrate effects on fabric.

2. Key claim-construction touchpoints

Term Reading Effect on § 103
"printing a filament … comprises an inert polymeric composition" Deposition of a molten thermoplastic bead (FDM); the composition "inert" = does not react with or consume the analyte Broad; the reference art need only deposit a solidifiable polymer in a pattern
"coating in the fabric" Polymer resides within/through the fabric thickness, not merely on top This is the hardest element for the cited art — see §5
"sample area is completely surrounded" A closed perimeter of coating Van Berkel expressly meets this ("entire periphery … laterally surrounded")
"inert" (comprising / consisting) — claims 7, 18 PLA; polycaprolactone Both are the two canonical FDM filaments

3. Claim 1 — element-by-element mapping to the primary combination

Proposed combination A: Van Berkel '735 (primary) + the admitted knowledge of FDM 3D printing (spec. § re MakerBot® Replicator 2) + forensic-NPL motivation (Bremmer; Botonjic-Sehic; Tobe; Webb; Middlestead).

Claim 1 limitation Where taught Notes
"method of forming a sample area on a fabric" Van Berkel: sample wells/regions patterned in an "absorptive layer … selected from … paper, fabric, porous ceramic material" (¶¶[0043], [0047]–[0048]) Express "fabric"
"printing a filament onto a first surface of the fabric" Not in any cited reference. Supplied by applicant's admission that a 3D printer "appl[ies] a filament … onto the first surface" is conventional (spec. ¶ re FIG. 3; MakerBot® Replicator 2) The only true gap
"filament comprises an inert polymeric composition" Van Berkel: silicone / fluorinated alkanes / waxes form the barrier and are expressly selected so the treatment "does not contribute to a detrimental matrix effect" (¶[0052]) — i.e., inert to the analyte. Potts '936 additionally teaches polymeric treatment agents applied to absorbent fiber webs Silicone is a polymer
"cooling … to form an inert polymeric coating in the fabric" Van Berkel: the hydrophobic material is "embedded in the porous sample collection material to form a hydrophobic barrier peripheral to the sample" (¶[0047]); a "deeply penetrating barrier" is formed (¶[0050]). FDM inherently cools a deposited melt to a solid Meets "in the fabric" by embedding
"sample area is completely surrounded" Van Berkel: "The entire periphery of the sample region 30 can be laterally surrounded by the hydrophobic peripheral portion" (¶[0049]); FIGS. 4A–4D show a well plus an outer moat Express

Motivation to combine (Van Berkel + FDM). Both references are directed to the same problem the '866 patent identifies in its own Background: uncontrolled spreading of a liquid biological sample on an absorptive substrate. Van Berkel states the goal of obtaining "a constant analysis volume … when accurate pipetting of sample is not practical" and of preventing "lateral outward diffusion" (¶¶[0047], [0067]). The '866 Background states that "the more dilute a liquid, the further the liquid spreads," that "a liquid of the same dilution and volume will spread to a smaller area on densely packed cotton than on a loosely woven silk," and that this has "made experiments of this nature hugely imprecise." A POSITA confronting exactly that problem would be motivated to (i) adopt Van Berkel's peripheral-barrier approach and (ii) replace imprecise hand-spraying/dipping with the commercially available, numerically controlled FDM printer the applicant itself identifies, because FDM offers the predictable benefit of precisely placing a patterned barrier outline. That is the KSR paradigm of "a known technique … improv[ing] similar devices in the same way."

Reasonable expectation of success. High. FDM of a ring/well outline on an absorbent web to confine a liquid is the routine use of a known extrusion technique; the only engineering variables (extrusion temperature, bead width, number of perimeters) are standard FDM settings.


4. Dependent-claim analysis

Claim(s) Additional limitation Anticipated/obvious in view of Rationale
2, 5 Extrusion temp > polymer T_g; T_g ≈ 50–100 °C FDM common knowledge + PLA known T_g ≈ 60–65 °C Extruding above T_g is inherent to FDM; PLA's thermal constants are published in the art
3, 4 Extrusion ≈ 100–200 °C, narrower 125–150 °C Same Routine optimization of a single known parameter; In re Aller
6, 17 Polymer melt temp > (or <) extrusion temp PLA (melt 150–180 °C) vs. polycaprolactone (melt ≈ 60 °C) Two known FDM regimes; a "finite number of identified, predictable solutions" (KSR)
7 Polymer comprises polylactic acid PLA is the most common FDM filament Design choice from a small set
18 Homopolymer of 2-oxepanone (polycaprolactone) PCL (e.g., LEXIBLE 767, cited in the spec. itself at ~60 °C) is a known low-melt FDM/thermoplastic polyester Applicant's own spec. identifies the commercial source
8 Print both first and second surfaces Potts '936 (treatment agents applied through absorbent laminates); design choice Routine duplication of a step on the opposite face
9 Composition saturates fabric around sample area Van Berkel "embedded … deep[ly] penetrating barrier" Meets the limitation
10, 11 Woven fabric; cotton/nylon/polyester/silk Van Berkel ("cloth"); Uni-Charm '222 (nonwoven/fiber webs); Potts '936 (fiber types) Selection of known textile substrates
12 Cool to < 100 °C Room-temperature solidification is inherent to FDM Inherent
14, 15 Pre-heat / heat during printing to within 20 % of extrusion temp Thermal bonding / hot-melt-adhesive art (Kimberly-Clark hot-melt and elastic-attachment practice; Uni-Charm barrier cuffs heat-bonded with hot melt) Routine optimization; heating a web to promote polymer flow is standard
16 Post-print heat to soften/flow polymer through thickness Van Berkel teaches embedding the barrier through the absorptive layer; textile powder-coating/thermal-bonding art (Potts '936) Predictable result: deeper penetration
13 Apply blood sample; saturates area but is blocked from migrating out Van Berkel expressly: "the sample … can comprise a biological material, such as blood" (¶[0039]; claim 13 of '735); "constant volume … excess sample … contained" (¶[0067]) The single most on-point limitation is expressly taught

5. Where the art genuinely falls short (the non-obviousness case)

I will not overstate the rejection. Four honest weaknesses exist:

  1. "Printing a filament" is nowhere in the cited art. Van Berkel applies the barrier by "spray coating … immersion … spin coating," or by "melting, painting, or spraying" waxes (¶¶[0046], [0055]). The '866 claim requires a printed filament. The bridge is the applicant's own admission of commercial FDM printers — an admission that is prior art and citable, but a rejection built on it is more fragile than one built on a printed-filament reference. The strongest art is missing from the IDS: no cited reference discloses FDM 3D printing onto a textile.
  2. "Inert" polymeric vs. hydrophobic treatment. Van Berkel's barrier materials are characterized by hydrophobicity (function), not inertness to a forensic analyte. A patentee can argue that silicone/wax barriers are chemically active surface treatments, whereas claim 1 recites an "inert" composition — though Van Berkel's no-matrix-effect teaching blunts this.
  3. The absorbent-article art arguably teaches away. Potts '936, Uni-Charm '222, and Kimberly-Clark '7489252/'7595734 are directed to absorbing and distributing fluid, not confining it. A patentee could argue these references point away from creating a liquid-tight ring that blocks wicking. (Counter: those same references — Uni-Charm's leak-barrier cuffs, Kimberly-Clark's liquid-triggered barrier films — expressly teach containment, so the art as a whole is not one-directional.)
  4. No cited reference expressly recites the full-thickness "coating in the fabric." Van Berkel's "embedded" barrier gets close, but whether "embedding a sprayed hydrophobic material" equals "cooling a printed filament to form a coating" is a factual dispute suited to a § 112/indefiniteness fight as much as a § 103 fight.

6. Secondary considerations and the KSR overlay

  • Long-felt but unmet need — cuts toward obviousness. The NPL itself documents years of unresolved variability: Bremmer ("Forensic quest for age determination of bloodstains"), Botonjic-Sehic, Tobe, Webb, and Middlestead ("Sensitivity of the luminol test with blue denim," i.e., a substrate-dependent result). The existence of a long-recognized need increases the motivation to combine, per KSR.
  • The solution was not the subject of the cited art's "teaching away." No reference criticizes barrier-printing on fabric.
  • No evidence of unexpected results appears in the specification; the stated benefit (reduced sample-to-sample variability) is precisely the result Van Berkel already attributes to its peripheral barrier. That alignment favors obviousness.
  • "Predictable use of prior art elements" — KSR: "if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill." Substituting FDM for spraying to place the same ring in the same fabric is squarely within that rule.

7. Confidence and cross-reference flags

  • High confidence that Van Berkel '735 teaches a barrier that "completely surrounds" a fabric-borne blood sample (verified from the reference's own specification, patents.google.com/patent/US20110284735; granted as US 9,063,047).
  • High confidence that Potts '936 = US 6,867,344 (Kimberly-Clark) is a fluid-treatment-agent absorbent article, and Uni-Charm '222 concerns shaped/fiber-density-controlled fluid spread — neither is a 3D-printing reference.
  • Moderate confidence in the overall § 103 conclusion, because the decisive limitation ("printing a filament … coating in the fabric") is supplied by admitted prior art rather than by a cited printed-filament reference. A challenger should run the IDS gap: search FDM-on-textile and 3D-printed microfluidic/paper-barrier art (e.g., printed wax barriers on paper, which post-date and predate Van Berkel). That art, not the cited set, is where a clean § 103 rejection lives.
  • Consistency with prior sections: the "no litigation / no PTAB" findings are unaffected. Note also that the patent record's own "Similar Documents" already surfaces sibling US 9,885,147 B2 (same title, same priority, same assignee). Because it shares the 2015-04-24 priority, the '147 patent is not § 102/§ 103 prior art to the '866 patent — but the shared claim scope raises a separate obviousness-type double patenting exposure worth a dedicated check (a reference the examiner's citation list does not, and cannot, address).

Generated 9/29/2026, 10:22:56 PM

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