DETAILED ACTION
In Reply filed on 04/01/2026, claims 1-7, 9, 11-19 and 22 are pending. Claims 12-19 are withdrawn based on restriction requirements. Claims 1 and 22 are currently amended. Claims 1-7, 9, 11 and 21-22 are considered in the current Office 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 .
Status of Previous Objections/Rejections
35 USC 103 rejections of claims 1-7, 9, 11 and 21 have been maintained in view of the Applicant’s argument. See Response to argument below.
35 USC 103 rejections of claim 22 have been withdrawn based on the Applicant’s amendment. However, new rejection has been established.
Claim Interpretation
The preamble of the claims is directed to a system. The Examiner is interpreting
these claims as apparatus claims since the claimed subject matter is mostly directed to
the structures of an apparatus. The Examiner wishes to point out the claims are interpreted as apparatus claims since are directed towards an apparatus and as such will be examined under such conditions. The material worked upon or the process of using the apparatus is viewed as recitation of intended use and is given patentable weight only to the extent that structure is added to the claimed apparatus (Please see MPEP 2112.01 and 2114-2115 for further details).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7, 11, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US2019/0039310 (“Busbee et al” hereinafter Busbee), EP3398751 (“Pindler et al” hereinafter Pindler), US2021/0154910 (“Cheng et al” hereinafter Cheng), and US2005/0015175 (Huang).
Regarding Claim 1, Busbee teaches an additive manufacturing system (Figure 20 and [0235]) comprising:
a print head (Figure 20) comprising:
a first solid precursor material (Figure 20, material inlet 1 for introducing a first solid polymer material [0080]-[0081]);
a second solid precursor material (Figure 20, material inlet 2 for introducing a second solid polymer material [0080]-[0081]);
a cold zone ([0183], a variety of cooling sources can be used in some embodiments to remove heat from the nozzle or mixing chamber and the material within the nozzle may be subjected to heating or cooling [0097] which creates a cold zone);
a mixing area (see annotated Figure 20, mixing chamber), the mixing area comprising a first inlet (Figure 20, material inlet 1) and an outlet (see annotated Figure 20);
a nozzle in direct fluid communication with the outlet (Figure 20);
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a heater in thermal communication with the mixing area ([0016], a heat source or a cooling source in thermal communication with the nozzle and the material within the nozzle may be subjected to heating or cooling [0097]).
Busbee fails to explicitly teach wherein the cold zone is maintained below the melting temperature of the first solid precursor material and the second solid precursor material. However, Busbee teaches the material within the nozzle may be subjected to heating or cooling. This may, for example, be used to control mixing and/or reaction within the material, to keep the temperature at substantially the temperature of the surrounding environment (e.g., at room temperature), to prevent the surrounding environmental conditions and/or the heat generated by friction of the impeller and exotherm of the material curing from affecting the reaction or the printing parameters, or the like ([0097]). Thus, the temperature of the heating or cooling can be adjusted based on the temperature of the surrounding environment. Furthermore, the Claims contain limitations (melting temperature of the materials) which are directed to articles or products worked upon by the claimed apparatus. These limitations are only given patentable weight to the extent which effects the structure of the claimed invention. Please see MPEP 2115. In this particular case, the melting temperature of the material does not add additional structure to the device as different materials used by the system will have different melting temperature and is thus not given patentable weight and the temperature of the cold zone relied upon the type of precursor material used for the apparatus.
Busbee discloses the material within the nozzle may be subjected to heating or cooling. For example, heating or cooling may be applied to the nozzle itself, and/or to material within the nozzle ([0097]) but fails to explicitly teach the mixing area being after the cold zone.
However, Pindler teaches the system may additionally comprise a heater and/or a cooler to heat/cool the ingredients/mixture before, during, or after the ingredients are mixed ([0005]) and the resin and the cure control additives may be pre-heated or pre-cooled when still being outside the mixing chambers in order to ensure precise dosing ([0051]).
Busbee and Pindler are considered to be analogous to the claimed invention because both are in the same field of manufacturing three-dimensional object using multiple materials with a mixing nozzle. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the cold zone in the apparatus as taught by Busbee such that the mixing area being after the cold zone as taught by Pindler to control the temperature of the material to ensure precise dosing ([0051]).
Busbee further teaches a material (e.g., mixture) may be exposed to UV light inside of the mixing chamber which implies the present of an energy source to deliver such energy ([0082]), but Busbee fails to explicitly teach an energy source external to the mixing area configured to emit an X-ray emission from the energy source and deliver the X-ray emission through a wall surrounding the mixing area and to a targeted site within the mixing area.
However, Cheng discloses an energy source external to the mixing area configured to emit an energy source (Figure 2, heating apparatus 384 configured to heat and preserve heat for the melt in the mixing chamber 381. The heating apparatus 384 may be disposed on an exterior wall of the mixing chamber 381 [0147]) and deliver the emission through a wall surrounding the mixing area and to a targeted site within the mixing area (since the energy source could be placed adjacent to walls of enclosure, it is implied that the emission must travel through the wall of the vat to heat the vat containing the mixture).
Busbee and Cheng are considered to be analogous to the claimed invention because both are in the same field of manufacturing three-dimensional object using multiple materials with a mixing nozzle. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the location of the energy source as taught by Busbee such that the energy source is external to the mixing area as taught by Cheng to perform segment-by-segment heating, so as to implement more precise heating temperature control ([0136]). Furthermore, the substituted components performed similar functions and were known in the art and such substitution will lead to the same and predictable results. See MPEP 2143 (I)(B).
The modified Busbee failed to teach the energy source configured to deliver an X-ray emission.
However, Huang teaches a heating provision (e.g. heating elements) is attached to, or contained in, the dispensing head to control the physical and chemical state of the material and energy means (UV, IR, electron beam, laser beam, ion beam, X-ray, Gamma-ray, etc.) may be used to induce chemical reactions (e.g., curing, polymerization, hardening, etc.) ([0056]).
Busbee and Huang are considered to be analogous to the claimed invention because both are in the same field of manufacturing three-dimensional object using droplets of liquid material and energy- or heat-treat the deposited precursor fluid material for converting it to the desired active or passive component (abstract). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the energy source as taught by Busbee such that it can deliver an emission of x-ray as taught by Huang to induce chemical reactions (e.g., curing, polymerization, hardening, etc.). Furthermore, Huang discloses using either UV or X-ray energy means to control the physical and chemical state of the material, thus, it would have been obvious to one of ordinary skill to simply substitute UV light source as taught by Busbee with an x-ray source as taught by Huang because the substituted components performed similar functions and were known in the art and such substitution will lead to the same and predictable results. See MPEP 2143 (I)(B).
Regarding Claim 2, the modified Busbee teaches the additive manufacturing system of claim 1, the mixing area comprising a second inlet (Busbee, Figure 20, material inlet 2).
Regarding Claim 3, the modified Busbee teaches the additive manufacturing system of claim 2, the mixing area comprising one or more additional inlets (Busbee, [00235], two or more material inlets).
Regarding Claim 4, the modified Busbee teaches the additive manufacturing system of claim 1, the mixing area comprising a mixing element (Busbee, Figure 20, impeller).
Regarding Claim 5, the modified Busbee teaches the additive manufacturing system of claim 1. The modified Busbee fails to explicitly teach wherein the energy source comprises a laser.
However, Huang teaches the energy source comprises a laser ([0056], a heating provision (e.g. heating elements) is attached to, or contained in, the dispensing head to control the physical and chemical state of the material and energy means (UV, laser beam) may be used to induce chemical reactions (e.g., curing, polymerization, hardening, etc.) which implied that the energy source may be a laser that generates laser beam).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the energy source with UV light source disclosed by Busbee by a laser as the energy source as disclosed by Huang to induce chemical reactions (e.g., curing, polymerization, hardening, etc) ([0056]). Furthermore, the substituted components and their functions were known in the art and such substitution will lead to the same and predictable results. See MPEP 2143 (I)(B).
Regarding Claim 6, the modified Busbee teaches the additive manufacturing system of claim 1. The modified Busbee fails to teach wherein the energy source is further configured to deliver an emission comprising microwaves.
However, Huang teaches wherein the energy source is further configured to deliver an emission in the ultraviolet and/or visible spectrum ([0022], heat- or energy-treated by a means selected from the group consisting of a ventilation fan, a vacuum pump, an air blower, a cooling device, a heater, an ultraviolet light source, an infrared source, a laser beam, an electron beam, an X-ray source, a Gamma-ray source, an ion beam source, a microwave source, an induction generator, and combinations thereof.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the energy source as taught by the modified Busbee such that it can further configured to deliver an emission of microwaves as taught by Huang to induce chemical reactions (e.g., curing, polymerization, hardening, etc.) since Huang discloses a combination of heat- or energy- treated means, which includes X-ray source and a microwave source, can be used to convert the deposited precursor material to the component of a desired composition and physical state ([0022]).
Regarding Claim 7, the modified Busbee teaches the additive manufacturing system of claim 1. The modified Busbee fails to teach wherein the energy source is further configured to deliver an emission in the ultraviolet and/or visible spectrum.
However, Huang teaches wherein the energy source is further configured to deliver an emission in the ultraviolet and/or visible spectrum ([0022], heat- or energy-treated by a means selected from the group consisting of a ventilation fan, a vacuum pump, an air blower, a cooling device, a heater, an ultraviolet light source, an infrared source, a laser beam, an electron beam, an X-ray source, a Gamma-ray source, an ion beam source, a microwave source, an induction generator, and combinations thereof.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the energy source as taught by the modified Busbee such that it can further configured to deliver an emission in the ultraviolet and/or visible spectrum as taught by Huang to induce chemical reactions (e.g., curing, polymerization, hardening, etc.) since Huang discloses a combination of heat- or energy- treated means, which includes X-ray source and an ultraviolet light source, can be used to convert the deposited precursor material to the component of a desired composition and physical state ([0022]).
Regarding Claim 11, the modified Busbee teaches the additive manufacturing system of claim 1, further comprising a print bed (Busbee, [0006], the print head is configured to deposit a material onto the substrate) and a controller ([0007]) and optionally comprising a build mandrel (no patent weight was given to optional limitation).
Regarding Claim 22, the modified Busbee teaches the additive manufacturing system of claim 1, but fails to teach wherein the cold zone comprises separate passageways for the first solid precursor material and the second precursor material.
However, Pindler teaches the system ([0005]) may additionally comprise a heater and/or a cooler to heat/cool the ingredients/mixture before the ingredients are mixed and the thermosetting resin and the cure control additives may be pre-heated or pre-cooled when still being outside the mixing chambers ([0051]). Therefore, it would have been obvious to one of ordinary skill in the art to recognized that materials are feed through separate passageways of the cold zone as taught by Pindler to avoid mixing of the material prior to reaching the mixing chamber.
Claims 9 and 21 rejected under 35 U.S.C. 103 as being unpatentable over US2019/0039310 (“Busbee et al” hereinafter Busbee), EP3398751 (“Pindler et al” hereinafter Pindler), US2021/0154910 (“Cheng et al” hereinafter Cheng), and US2005/0015175 (Huang) as applied to claim 1 above, and further in view of US2016/0136887 (“Guillemette et al” hereinafter Guillemette).
Regarding Claim 9, the modified Busbee teaches the additive manufacturing system of claim 1, but fails to teach the print head further comprising a filament drive configured to deliver a filament of the first precursor material to the mixing area via the first inlet.
However, Guillemette teaches the print head (Figure 9C-9D) further comprising a filament drive configured to deliver a filament of the first precursor material to the mixing area via the first inlet (Figure 9D and [0199], the extruder assembly could contain a motor or other propellant device such as a screw, piston, or plunger type apparatus to direct and pressurize the filament forward through the process. The filament could also be fed off a spool or another storage device into the extruder assembly.).
Busbee and Guillemette are considered to be analogous to the claimed invention because both are in the same field of manufacturing three-dimensional object using filament and forming object on a surface of a substrate. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the printhead as taught by Busbee such that the printhead comprise a filament drive as taught by Guillemette because the combination of the known elements provides a predictable result, namely, another known way to deliver the filaments ([0199]). MPEP 2143.
Regarding Claim 21, the modified Busbee teaches the additive manufacturing system of claim 9, wherein: the cold zone is between the filament drive and the mixing area (Pindler, the resin and the cure control additives may be pre-heated or pre-cooled when still being outside the mixing chambers in order to ensure precise dosing [0051], which implied the cold zone is located between the filament drive and the mixing area in order for the feedstock material to be pre-cooled prior to enter the mixing chamber).
The modified Busbee fails to explicitly teach wherein the filament drive is further configured to deliver a second filament of the second precursor material to the mixing area via the second inlet.
However, Guillemette teaches the extruder assembly could contain a motor or other propellant device such as a screw, piston, or plunger type apparatus to direct and pressurize the filament forward through the process. The filament could also be fed off a spool or another storage device into the extruder assembly (Figure 9d and [0199]). Figure 9d of Guillemette shows two filaments delivered to the mixing area via two different inlets. Thus, the filament motor disclosed by Guillemette is capable of delivering multiple filaments to the mixing area via multiple inlets. Limitations directed toward the capabilities or intended uses of the apparatus are given patentable weight to the extent which effects the structure of the apparatus. MPEP 2114.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the printhead as taught by the modified Busbee such that the printhead comprise a filament drive as taught by Guillemette because the combination of the known elements provides a predictable result, namely, another known way to deliver the filaments ([0199]). MPEP 2143.
Response to Arguments
Applicant's arguments filed 04/01/2026 regarding claims 1-7, 9, 11 and 21 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claim 22 has been considered but are moot because they pertain to new limitations and have been rejected as stated above.
The Applicant argues Busbee fail to discloses or suggest (1) the mixing area being after the cold zone and (2) the cold zone being maintained below the melting temperature of the first solid precursor material and the second solid precursor material.
The Examiner respectfully disagrees. Firstly, the Examiner relied upon the teaching of Pindler to teaches the system may additionally comprise a heater and/or a cooler to heat/cool the ingredients/mixture before, during, or after the ingredients are mixed ([0005]) and the resin and the cure control additives may be pre-heated or pre-cooled when still being outside the mixing chambers in order to ensure precise dosing ([0051]). Furthermore, Pindler discloses it is known in the art that a heater and/or a cooler to heat/cool the ingredients/mixture before, during, or after the ingredients are mixed ([0005]). Busbee discloses the nozzle and/or the mixing chamber may be heated or cooled. Various methods can be used to add heat or remove heat from the nozzle or the mixing chamber. For example, a heat source may be positioned to deliver heat to the nozzle or mixing chamber, or to one or more fluids entering therein ([0183]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the cold zone in the apparatus as taught by Busbee such that the mixing area being after the cold zone as taught by Pindler to control the temperature of the material to ensure precise dosing ([0051]). Busbee reference was not relied upon to discloses the location of the mixing. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Secondly, the preamble of the claims is directed to a system. The Examiner is interpreting these claims as apparatus claims since the claimed subject matter is mostly directed to the structures of an apparatus. The Examiner wishes to point out the claims are interpreted as apparatus claims since are directed towards an apparatus and as such will be examined under such conditions. The material worked upon or the process of using the apparatus is viewed as recitation of intended use and is given patentable weight only to the extent that structure is added to the claimed apparatus (Please see MPEP 2112.01 and 2114-2115 for further details). In this case, the temperature of the cold zone depends on the melting temperature of the precursor material and will change based on the type of material used by the apparatus. Furthermore, the melting temperature of the material does not introduce any new structural limitation to the apparatus itself. Thus, the precise temperature of the cold zone is intended use and is given patentable weight only to the extent that structure is added to the claimed apparatus. Busbee teaches the material within the nozzle may be subjected to heating or cooling. This may, for example, be used to control mixing and/or reaction within the material, to keep the temperature at substantially the temperature of the surrounding environment (e.g., at room temperature), to prevent the surrounding environmental conditions and/or the heat generated by friction of the impeller and exotherm of the material curing from affecting the reaction or the printing parameters, or the like ([0097]). Therefore, the apparatus of the modified Busbee is capable of changing the temperature of the cold zone and is capable of being used as intended as discussed above and thus meets all of the structural limitations as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20190366628A1, Figure 5 discloses a cooling member 510 that cools the pellet before reaching the melt zone.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action for the amended claim 22. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XINWEN (Cindy) YE whose telephone number is (571)272-3010. The examiner can normally be reached Monday - Thursday 8:30 - 17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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XINWEN (CINDY) YE
Examiner
Art Unit 1754
/MATTHEW J DANIELS/Primary Examiner, Art Unit 1742
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