Prosecution Insights
Last updated: April 19, 2026
Application No. 17/332,452

Repeating Layer System and Method

Non-Final OA §102§103
Filed
May 27, 2021
Examiner
KUMAR, SRILAKSHMI K
Art Unit
1700
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Vivet Technology LLC
OA Round
3 (Non-Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
4y 1m
To Grant
71%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
305 granted / 551 resolved
-9.6% vs TC avg
Strong +15% interview lift
Without
With
+15.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
415 currently pending
Career history
966
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
47.7%
+7.7% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 551 resolved cases

Office Action

§102 §103
DETAILED ACTION In reply filed 5/27/2025, claims 1-14 and 21-25 are pending. Claims 1-14 and 21-25 are considered in 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/28/2024 has been entered. Claim Objections Claims 9-14 are objected to because of the following informalities: Claim 9 recites “the repeating layer device of claim 7” in line 1. However, claim 7 recites “the repeating layer system of claim 1”. The correct dependency of claim 9 should be “the repeating layer device of claim 8”. Similarly, claims 10-14 recite “the repeating layer device of claim 7” in line 1. However, claim 7 recites “the repeating layer system of claim 1”. The correct dependency of claims 10-14 should be “the repeating layer device of claim 8”. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 1-4, 6, 8-11, 13, 21-23, and 25 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 20170165916 (“El-Siblani”). Regarding claim 1, El-Siblani teaches a repeating layer system ([0016], system to additive manufacturing three-dimensional objects) for providing operations comprising: generate one or more layers for assembly of products having a similar repeating layer including a common structure and quantity (Fig. 1A, hearing aids 12-19) based on an assembly arrangement of a transport system (Fig. 1B, system 20 has a transport elevator 29) and layering stations (Fig. 1B, platform 31) for transforming the product between an uncompleted configuration and a completed configuration ([0021], on build platform 31, objects are built to completion by solidifying layers of material); generate pass quantity for the one or more layers ([0053], generate layer index k to identify each layer of the object); And causing movement of the products by the transport system through the layering stations (Fig. 1B, [0021] move the products on the build platform 31 by the transport elevator 29) to respectively build the similar repeating layer for each of the products ([0020] each products are built with the same operation; [0030] each layer operation is the same) according to pass quantity for the one or more layers ([0030] the layers’ building operation is defined by data string; [0053], interface layer index value k is the data string). Regarding claim 2, El-Siblani teaches the operations further comprising remove a first one of the products from the transport system ([0031], after completion of the objects, the objects with their support structure are removed) and start a second one of the products after completion of all of the one or more layers of the first one ([0060] in step 1046, the system ensures all products of the current set are completed before the end of the current process is reached before the building of the next set of objects) . Regarding claim 3, El-Siblani teaches the operations further comprising adapt the assembly arrangement by changing layering operations that form the one or more layers ([0031], the building operation switches to a different solidifiable object material which requires adapting the build platform to align with a different material container). Regarding claim 4, El-Siblani teaches the operations further comprising increasing a quantity of the layering stations that perform layering operations for the one or more layers ([0028], using multiple material sources with built platforms instead of using a single material source with build platform in order to adapt to the different axis height of the product). Regarding claim 6, El-Siblani teaches improving throughput by dynamically adjusting operation quantity ([0060], adjusting the removable support section lengths leads to reducing number of solidifiable material switching events which improves throughput by reducing the number of steps). Regarding claim 8, El-Siblani teaches a repeating layer device for providing operations ([0016], system to additive manufacturing three-dimensional objects) comprising: generate one or more layers for assembly of products having a similar repeating layer including a common structure and quantity (Fig. 1A, hearing aids 12-19) based on an assembly arrangement of a transport system (Fig. 1B, system 20 has a transport elevator 29) and layering stations (Fig. 1B, platform 31) for transforming the product between an uncompleted configuration and a completed configuration ([0021], on build platform 31, objects are built to completion by solidifying layers of material); Generate pass quantity for the one or more layers ([0053], generate layer index k to identify each layer of the object); And causing movement of the products by the transport system through the layering stations Fig. 1B, [0021] move the products on the build platform 31 by the transport elevator 29) that respectively build the similar repeating layer for each of the products ([0020] each products are built with the same operation; [0030] each layer operation is the same) according to pass quantity for the one or more layers ([0030] the layers’ building operation is defined by data string; [0053], interface layer index value k is the data string). Regarding claim 9, El-Siblani teaches removing a first one of the products from the transport system ([0031], after completion of the objects, the objects with their support structure are removed) and starting a second one of the products after completion of all of the one or more layers of the first one ([0060] in step 1046, the system ensures all products of the current set are completed before the end of the current process is reached before the building of the next set of objects). Regarding claim 10, El-Siblani teaches adapt the assembly arrangement by changing the layering operations that form the one or more layers ([0031], the building operation switches to a different solidifiable object material which requires adapting the build platform to align with a different material container). Regarding claim 11, El-Siblani teaches increasing throughput by increasing a quantity of the layering stations that perform layering operations ([0028], using multiple material sources with built platforms instead of using a single material source with build platform in order to adapt to the different axis height of the product; [0060], reducing the number of solidifiable material switching events which improves throughput by reducing the number of steps) for the similar repeating layers (Fig. 1A, hearing aids 12-19 have similar structure in each layer). Regarding claim 13, El-Siblani teaches dynamically improve throughput by adjusting operation quantity ([0060], adjusting the removable support section lengths leads to reducing number of solidifiable material switching events which improves throughput by reducing the number of steps). Regarding claim 21, El-Siblani teaches a repeating layer system ([0016], system to additive manufacturing three-dimensional objects) for providing operations comprising: Generate one or more layers for assembly of products having a similar repeating layer having a common structure and quantity (Fig. 1A, hearing aids 12-19) based on an assembly arrangement of a transport system (Fig. 1B, system 20 has a transport elevator 29) and layering stations (Fig. 1B, platform 31) for transforming the product between an uncompleted configuration and a completed configuration ([0021], on build platform 31, objects are built to completion by solidifying layers of material); Generating pass quantity for the one or more layers ([0053], generate layer index k to identify each layer of the object); Causing movement of the products by the transport system through the layering stations (Fig. 1B, [0021] move the products on the build platform 31 by the transport elevator 29) that respectively build the similar repeating layer for each of the products ([0020] each products are built with the same operation; [0030] each layer operation is the same) according to operation quantity ([0030] the layers’ building operation is defined by data string; [0053], interface layer index value k is the data string); And adapt the assembly arrangement by changing layering operations that form the one or more layers ([0031], the building operation switches to a different solidifiable object material which requires adapting the build platform to align with a different material container). Regarding claim 22, El-Siblani teaches to remove a first one of the products from the transport system ([0031], after completion of the objects, the objects with their support structure are removed) and start a second one of the products after completion of all of the one or more layers of the first one ([0060] in step 1046, the system ensures all products of the current set are completed before the end of the current process is reached before the building of the next set of objects). Regarding claim 23, El-Siblani teaches to increase throughput by increasing a quantity of the layering stations that perform layering operations ([0028], using multiple material sources with built platforms instead of using a single material source with build platform in order to adapt to the different axis height of the product; [0060], reducing the number of solidifiable material switching events improves throughput by reducing the number of steps) for the similar repeating layers (Fig. 1A, hearing aids 12-19 have similar structure in each layer). Regarding claim 25, El-Siblani teaches improving throughput by dynamically adjusting operation quantity ([0060], adjusting the removable support section lengths leads to reducing number of solidifiable material switching events which improves throughput by reducing the number of steps). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 5, 7, 12, 14, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170165916 (“El-Siblani”) in view of US 20080201008 (“Twelves”). Regarding claim 5, El-Siblani does not teaches increasing throughput by reducing the cycle time for at least one of the layering station and increasing a transfer rate of the products between the layering stations. Twelves teaches an additive manufacturing system ([0001]), comprising increasing throughput by reducing the cycle time for at least one of the layering stations ([0026], simultaneous processing combined with the minimal material removal requirement allow for the short manufacturing time and fast speed) and increasing a transfer rate of the products between the layering stations ([0045], reduce transfer time of the workpiece between locations). El-Siblani and Twelves are considered to be analogous to the claimed invention because they are in the same field of additive manufacturing. It would have been obvious to one with ordinary skill in the art before the effective filing date to modify the system in El-Siblani to incorporate controller that reduces cycle time and increases transfer rate as taught by Twelves as described above, in order to optimizes both cost and cycle time for the manufacturing process (Twelves, [0024]). Regarding claim 7, El-Siblani fails to teach automatically adapting operation type in response to sensor information. Twelves teaches automatically adapting operation type in response to sensor information ([0050] the controller executes automatic instruction to use white light inspection to determine the amount of material needed to be removed and this information will determine whether abrasive machining will be performed). It would have been obvious to one with ordinary skill in the art before the effective filing date to modify the system in El-Siblani to incorporate automatically determine whether abrasive machining will be performed as taught by Twelves as described above, in order to reduce time for concurrent secondary operations (Twelves, [0006]). Regarding claim 12, El-Siblani does not teaches increasing throughput by reducing the cycle time for at least one of the layering station and increasing a transfer rate of the products between the layering stations. Twelves teaches an additive manufacturing system ([0001]), comprising increasing throughput by reducing the cycle time for at least one of the layering stations ([0026], simultaneous processing combined with the minimal material removal requirement allow for the short manufacturing time and fast speed) and increasing a transfer rate of the products between the layering stations ([0045], reduce transfer time of the workpiece between locations). It would have been obvious to one with ordinary skill in the art before the effective filing date to modify the system in El-Siblani to incorporate controller that reduces cycle time and increases transfer rate as taught by Twelves as described above, in order to optimizes both cost and cycle time for the manufacturing process (Twelves, [0024]). Regarding claim 14, El-Siblani fails to teach automatically adapting operation type in response to sensor information. Twelves teaches automatically adapting operation type in response to sensor information ([0050] the controller executes automatic instruction to use white light inspection to determine the amount of material needed to be removed and this information will determine whether abrasive machining will be performed). It would have been obvious to one with ordinary skill in the art before the effective filing date to modify the system in El-Siblani to incorporate automatically determine whether abrasive machining will be performed as taught by Twelves as described above, in order to reduce time for concurrent secondary operations (Twelves, [0006]). Regarding claim 24, El-Siblani does not teaches increasing throughput by reducing the cycle time for at least one of the layering station and increasing a transfer rate of the products between the layering stations. Twelves teaches an additive manufacturing system ([0001]), comprising increasing throughput by reducing the cycle time for at least one of the layering stations ([0026], simultaneous processing combined with the minimal material removal requirement allow for the short manufacturing time and fast speed) and increasing a transfer rate of the products between the layering stations ([0045], reduce transfer time of the workpiece between locations). It would have been obvious to one with ordinary skill in the art before the effective filing date to modify the system in El-Siblani to incorporate controller that reduces cycle time and increases transfer rate as taught by Twelves as described above, in order to optimizes both cost and cycle time for the manufacturing process (Twelves, [0024]). Response to Arguments Applicant's arguments filed 5/28/2024 have been fully considered but they are not persuasive. Regarding applicant’s first argument, that El-Siblani fails to teach generating layers of assembly of products “having a similar repeating layer including a common structure and quantity based on an assembly arrangement of a transport system and layering stations” because El-Siblani only discloses “making multiple objects using solidifiable materials by subjecting them to solidification energy”. (Remark, 5/28/24, Pg. 8, para. 1). The examiner respectfully disagrees. El-Siblani teaches creating layers of products with “a similar repeating layer including a common structure and quantity” as evidenced by Fig. 1B - in Fig. 1B, the objects are created to have the same structure. Their quantity of layers is also the same because when objects have the same structure and height, El-Siblani teaches the thickness of each layer is the same ([0052] thickness of material for each layer is a constant), so the quantity of layer is also the same. Furthermore, El-Siblani teaches the layer generation is based on an assembly of build platform (Fig. 2B, platform 31) on a transporting elevation system (Fig. 2B, elevator 29). Regarding applicant’s argument that El-Siblani does not teach “causing movement of the products by the transport system through the layering stations to respectively build the similar repeating layer for each of the products”, because the applicant alleges the layer index in El-Siblani is only used for identifying when to switch material relative to an adaptable build platform 31 and does not “causing movement of the products by the transport system through the layering stations”. The examiner respectfully disagrees. El-Siblani teaches the layer index determines when to switch material relative to an adaptable build platform 31, which El-Siblani also describes involves causing movement of the product on the build platform to align with the material container ([0031]). Additionally, regarding applicant’s argument that El-Siblani does not teach “adapting the assembly arrangement by changing layering operations that form the one or more layers”, as recited in claim 3, the applicant argues that El-Siblani only teaches the movement of the build platform 31. The examiner respectfully disagrees. El-Siblani teaches adapting the assembly arrangement when the build platform which is a component of the assembly is moved in relation to the material container, which is another component of the assembly ([0031]), because when different components of an assembly change its location relative to each other, the assembly arrangement is changed. Furthermore, El-Siblani teaches changing layering operations by switching to a different solidifiable object material ([0031]), because when a different building material is used, the manufacturing operation of using build material to form one or more layers is changed. Furthermore, applicant argues that El-Siblani does not teach “increasing throughput by reducing the cycle time for at least one of the layering station and increasing a transfer rate of the products between the layering stations”, as recited in claim 5. The examiner rejects claim 5 over El-Siblani in view of US 20080201008 (“Twelves”). In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). For claim 5, Twelves teaches increasing throughput by reducing the cycle time for at least one of the layering stations ([0026], simultaneous processing combined with the minimal material removal requirement allow for the short manufacturing time and fast speed) and increasing a transfer rate of the products between the layering stations ([0045], reduce transfer time of the workpiece between locations). It would have been obvious to one with ordinary skill in the art before the effective filing date to modify the system in El-Siblani to incorporate controller that reduces cycle time and increases transfer rate as taught by Twelves as described above, in order to optimizes both cost and cycle time for the manufacturing process (Twelves, [0024]). Regarding applicant’s argument that El-Siblani does not teach “improve throughput by dynamically adjusting least one of an operation portions, operation quantity, operation type, cycle time, or transfer rate for each cycle” as recited in claim 6, 13, and 25, the applicant does not provide a specific rationale but only states a general argument. El-Siblani teaches a process that reduce the number of material container switching operation which is considered dynamically adjusting operation quantity ([0060], adjusting the removable support section lengths leads to reducing number of solidifiable material switching events). By reducing the number of steps, El-Siblani teaches improving throughput of the process ([0060]). Finally, applicant’s arguments with respect to claims 7 and 14, that El-Siblani fails to teach "automatically adapt at least one of an operation portion, operation quantity, operation type, cycle time, or transfer rate in response to sensor information," have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY YU HUANG whose telephone number is (571)272-2643. The examiner can normally be reached 9:00AM - 5:00 PM EST. Examiner interviews are 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, 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. 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 more information 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. TIFFANY YU. HUANG Examiner Art Unit 1754 /SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754
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Prosecution Timeline

May 27, 2021
Application Filed
Sep 21, 2023
Non-Final Rejection — §102, §103
Dec 29, 2023
Response Filed
Feb 19, 2024
Final Rejection — §102, §103
May 28, 2024
Response after Non-Final Action
Jun 26, 2024
Response after Non-Final Action
Jul 27, 2024
Request for Continued Examination
Jul 30, 2024
Response after Non-Final Action
Apr 04, 2025
Interview Requested
Apr 24, 2025
Examiner Interview Summary
Apr 24, 2025
Applicant Interview (Telephonic)
Nov 20, 2025
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
71%
With Interview (+15.2%)
4y 1m
Median Time to Grant
High
PTA Risk
Based on 551 resolved cases by this examiner. Grant probability derived from career allow rate.

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