DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims and Application
This final rejection on the merits is in response to the remarks and amendments received by the office on 24 February 2026. Claims 16, 20, 41-48 are pending. No claims are amended or cancelled. Claims 46-48 are newly added.
Response to Amendment
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16, 20, and 41-48 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Independent claims 16 and 43 from which all other pending claims depend have been amended to read in part, “. . . a plurality of shrouded infrared radiative heating elements arranged within a projection view of the heater arrangement area, each shrouded infrared radiative heating element of the plurality of shrouded infrared radiative heating elements being operable to directly heat at least some of the particulate matter at a build bed surface of said apparatus to a desired temperature profile. . .” (CLM 16) or “ . . . a plurality of shrouded infrared radiative heating elements arranged within a projection view of the heater arrangement area, the plurality of shrouded infrared radiative heating elements being located around and about the perimeter of the printable area and each of the plurality of shrouded infrared radiative heating elements being operable to directly heat at least some particulate matter at the build bed surface to a desired temperature profile . . . (CLM 43). Examiner interprets this limitation to mean that each individual shrouded heating element heats the particulate matter radiatively rather than through convection (conduction being regarded as irrelevant to an arrangement of heaters spaced from the target of heating).Examiner has carefully reviewed and not found support for this claim limitation. The embodiment shown in Fig 17A and 17B and further discussed in the specification most closely resembles the claimed invention. While Fig 17B does show a thermographic representation of the temperature distribution on a test build bed surface which obtains from the use of the arrangement of heaters shown in Fig 17A, there is no discussion in the specification as originally filed which indicates to one possessed of ordinary skill in the art that the heaters in the claimed arrangement operate such that each heater individually “directly” (i.e. radiatively) heats at least a portion of the build material as claimed.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10, 14, 16-20, 41-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2011/0165340 to Andreas Baumann (‘340 hereafter), made of record per applicant disclosure, in view of U.S. Patent 5,390,228 to Niibe et al. (‘228 hereafter), in view of U.S. Patent Application Publication 2008/0257879 to Christopher S Huskamp (‘879 hereafter).
Regarding claim 16, ‘340 teaches an apparatus for layer-by-layer formation of a three-dimensional object by the consolidation of particulate matter, the apparatus comprising: a working space having opposing bottom and top sides (Fig 1 item 100), a build bed surface arranged on said bottom side of the working space and upon which successive layers of said object are formed, the build bed surface including a printable area (Fig 1 item 4); and a heater arrangement provided on the top side of the working space (Figs 1 and 2 items 13 and 81); and having a heater arrangement area, wherein the heater arrangement comprises: a plurality of infrared radiative heating elements arranged within a projection view of the heater arrangement area, the plurality of infrared radiative heating elements being operable to directly heat at least some particulate matter at a build bed surface of said apparatus to a desired temperature profile and wherein the heater arrangement faces the build bed surface such that, in a projective view, the perimeter of the heater arrangement is outside the perimeter of the build bed surface, and such that a first group of shrouded heating elements is arranged beyond and around the perimeter of the a-build bed (Figs 1 and 2, items 13 and 81) wherein the first group of shrouded infrared radiative heating elements comprises a first sub-group of shrouded infrared radiative heating elements and a second sub-group of shrouded infrared radiative heating elements, each subgroup including two or more shrouded infrared radiative heating elements (Fig 1 and 2 items 13); and wherein, for each sub-group, each shrouded infrared radiative heating element is provided with an infrared radiation-absorbing shroud arranged to cause a different radiative footprint specific to the respective sub-group (Fig 1 and 2 items 13– the subgroups as claimed are entirely notional. For example, one possible subgroup of the prior art could be composed of one width-wise element 13 and one depth-wise element 13. In that situation, the shrouds which are attached to the heating elements are concomitantly arranged orthogonally to each other in order to conform the energy emitted to the adjacent geometry of the build area. In the instant case, the examiner notes that with respect to claim ‘340, the first groups of heaters could be considered the heaters 13 and the first subgroup of heaters towards the front and rear of the build area while the second subgroup of heaters are the heaters to the left and right side of build area. Accordingly, the first subgroup heaters have the same radiative footprints in terms of depth and width being similar. The same can be said for the second subgroup.) ‘340 does not teach shrouds as claimed.
In the related art, ‘228 teaches one or more infrared radiation-absorbing shrouds fitted over the shrouded infrared radiative heating elements, each infrared radiation-absorbing shroud having interior walls forming one or more radiation-absorbing passages, each passage having opposing first and second ends, and arranged such that the first end faces the at least one infrared shrouded radiative element and the second end opens to the exterior so as to face the build bed surface (Fig 5 items 107, 110, 112); wherein the interior walls of the one or more passages are configured to absorb infrared radiation, and to prevent internal reflection of infrared radiation, emitted from the one or more shrouded infrared radiative heating elements and falling onto the interior walls (Fig 5 items 107, 110, 112); wherein the interior walls of each passage define a height, a cross sectional shape and a cross sectional area which together restrict the solid angle over which radiation emitted by the shrouded infrared radiative elements emerges from the second end, so as to restrict the footprint of infrared radiation falling onto the build bed surface (Fig 5 items 107, 110, 112) as well as unlabeled dotted cone indicating infrared emission restriction) for the benefit of controlling the amount of radiation emitted as well as the area heated. One possessed of ordinary skill in the art at the time of effective filing would have been motivated to combine the teachings of ‘340 with those of ‘228 for the benefit of controlling and restricting the emitted radiation to the areas intended to be heated. The combination of ‘340 in view of ‘228 does not teach that each of the plurality of the plurality of the shrouded radiative heating elements are operable to directly (i.e. radiatively) heat material on the build bed surface.
In the same field of endeavor, additive manufacturing, ‘879 teaches an arrangement of heaters (Fig 3 items 302 and 304 and Fig 5 items 506) which are translatable towards and away from a position above the center of the build area as well as being rotatable (paragraphs 0023, 0026 & 0027) in order to control the amount of energy imparted to the build surface. This teaching would motivate one possessed of ordinary skill in the art at the time of effective filing to move some of the array of shrouded radiative heaters outside the perimeter of the build area in order to control the amount of energy imparted.
Regarding claim 20, ‘340 does not teach shrouds as claimed. In the related art, ‘228 teaches the apparatus wherein at least one of the radiation-absorbing shrouds is formed as a mesh comprising an array of two or more radiation-absorbing passages (C8L46-C8L68, aperture 108 and filter 112). It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘340 with those of ‘228 for the reasons stated above.
Regarding claim 41, ‘340 teaches the wherein the first group of shrouded infrared radiative heating elements is further arranged beyond and around the perimeter of a printable area of the build bed surface, wherein the printable area is an area over which objects are formed and defining a printable area perimeter, and wherein the printable area is included within the perimeter of the build bed surface (Figs 1 and 2 items 4, 13).
Regarding claim 42, ‘340 teaches the apparatus comprising a further group of shrouded infrared radiative heating elements arranged within or on the perimeter of the build bed surface (Figs 1 and 2, items 4, and 81). See examiners note regarding claim interpretation above after the rejection of claim 5.
Regarding claim 43, ‘340 teaches an apparatus for layer-by-layer formation of a three-dimensional object by the consolidation of particulate matter, the apparatus further comprising: a working space having opposing bottom and top sides (Fig 1 item 100); a build bed surface arranged on said bottom side of the working space and including a printable area upon which successive layers of said object are formed (Fig 1 item 6); and a heater arrangement provided on the top side of the working space and having a heater arrangement area (Figs 1 and 2, items 13 and 81) wherein the plurality of shrouded infrared radiative heating elements comprises a first group of shrouded elements arranged around and beyond the perimeter of the build bed surface (Figs. 1 and 2 items 13); the plurality of shrouded infrared radiative heating elements arranged withing a projection view of the heater arrangement area, the plurality of shrouded elements being operable to directly heat at least some particulate matter at a build bed surface of said apparatus to a desired temperature profile (Figs 1, 2, and 3, items 13 and 81 as well as paragraph 0023). ‘340 does not teach shrouds as claimed.
In the related art, ’228 teaches shrouded infrared radiative heating elements, arranged over the heater arrangement area, the shrouded infrared radiative heating elements being operable to heat particulate matter at a build bed surface of said apparatus to a desired temperature profile; and a plurality of infrared radiation-absorbing shrouds, each fitted over at least a respective one of the shrouded infrared radiative heating elements, each infrared radiation-absorbing shroud having interior walls forming one or more radiation-absorbing passages, each passage having opposing first and second ends, and arranged such that the first end faces one of the infrared shrouded radiative elements and the second end opens to the exterior so as to face the build bed surface; wherein the interior walls of the one or more passages are configured to absorb infrared radiation, and to prevent internal reflection of infrared radiation, emitted from the one or more shrouded infrared radiative heating elements and falling onto the interior walls; wherein the interior walls of each passage define a height, a cross sectional shape and a cross sectional area which together restrict the solid angle over which radiation emitted by the shrouded infrared radiative elements emerges from the second end, so as to restrict the footprint of infrared radiation falling onto the build bed surface; and wherein the shrouded heating elements are spaced apart from one another so as to control an overlap between the radiative footprints of neighboring shrouded heating elements (Fig 5 items 107, 110, 112, C8L46-C8L68) for the benefit of controlling the amount of radiation emitted as well as the area heated. One possessed of ordinary skill in the art at the time of effective filing would have been motivated to combine the teachings of ‘340 with those of ‘228 for the benefit of controlling and restricting the emitted radiation to the areas intended to be heated. The combination of ‘340 in view of ‘228 does not teach that each of the plurality of the plurality of the shrouded radiative heating elements are operable to directly (i.e. radiatively) heat material on the build bed surface.
In the same field of endeavor, additive manufacturing, ‘879 teaches an arrangement of heaters (Fig 3 items 302 and 304 and Fig 5 items 506) which are translatable towards and away from a position above the center of the build area as well as being rotatable (paragraphs 0023, 0026 & 0027) in order to control the amount of energy imparted to the build surface. This teaching would motivate one possessed of ordinary skill in the art at the time of effective filing to move some of the array of shrouded radiative heaters outside the perimeter of the build area in order to control the amount of energy imparted.
Regarding claim 44, ‘340 teaches the apparatus wherein one or more corner shrouded heating elements each of the first group are arranged inside one of the inner corners and along a perimeter of the heater arrangement area (Figs 1 and 2, items 13, paragraph 0021 – paragraph 0021 discloses that the radiative heaters 13 are directed towards the corners of the build area preferentially), and one or more side shrouded heating elements each of the second group are arranged between the inner corners and along the perimeter of the heater arrangement area (Figs 1 and 2, items 81, paragraph 0021); and wherein the infrared radiation absorbing shrouds of the corner shrouded heating elements of the first group are arranged to restrict the radiative footprint more than the infrared radiation absorbing shrouds of the side shrouded heating elements of the second group (paragraph 0021 – teaches that the heaters 81 are directed towards the corners of the build area but not the entire build area).
Regarding claim 45, ‘340 does not teach shrouds as claimed. In the related art, ‘228 teaches the apparatus wherein each of the plurality of infrared radiation- absorbing shrouds is fitted over a respective one of the shrouded infrared radiative heating elements (Fig 5 items 107, 110, 112 and C8L46-C8L68) for the benefit of controlling the amount of radiation emitted as well as the area heated. One possessed of ordinary skill in the art at the time of effective filing would have been motivated to combine the teachings of ‘340 with those of ‘228 for the benefit of controlling and restricting the emitted radiation to the areas intended to be heated.
Regarding claim 46, ‘340 teaches the apparatus wherein the infrared radiation-absorbing shrouds of the first sub-group are different from the infrared radiation-absorbing shrouds of the second sub-group (Fig. 1 items 13 and 81 – each heating element has its own shroud).
Claim(s) 47 and 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘340 in view of ‘228 in view of ‘879 as applied to claim 16 above, and further in view of U.S. Patent 3,396,216 to Itoga et al. (‘216 hereafter).
Regarding claims 47 and 48, while ‘340 in view of ‘228 in view of ‘879 teaches radiation absorbing shrouds with passages, the combination does not teach that the passages are different between the sub-groups. In the related art of process heating of polymer films, ‘216 teaches radiation absorbing shrouds with adjustable slits (Fig 3 item 12, Fig 5. And C3L73-C4L11) for the benefit of selecting a wider or narrower heating area. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘340 in view of ‘228 in view of ‘879 with those of ‘216 for the benefit of controlling the area heated by the radiative heaters.
Response to Arguments
In support of the patentability of the instant claims, applicant has advanced several arguments in support of the patentability of the instant claims. They are:
The 35 USC 112(a) new matter rejection of all pending claims should not be maintained because one skilled in the art would readily appreciate that based upon a whole reading of the written description that the shrouded infrared radiative heating elements radiatively heat at least a portion of the build material.
The 35 USC 103 rejection of all pending claims should be withdrawn because the ‘340 reference does not teach subgroups of different radiative heaters as claimed.
The motivation provided to combine ‘340 in view of ‘228 with ‘879 is conclusory.
Regarding argument i, examiner has carefully reviewed applicant’s arguments and the original disclosure. After this review, examiner maintains that while the original disclosure does support that every shrouded radiant heater in the configuration instantly claimed has a thermal effect on at least part of the powder in the build area, there is no discussion at all which would lead one of ordinary skill at the time to conclude that applicant had possession of the invention claimed – the apparatus in which each shrouded radiative infrared heater directly (i.e. via radiation) heats at least a part of the powder of the build area. A complete reading of the original disclosure does not put the ordinary artisan on notice that inventor intended to clearly disclaim convective heating nor does it clearly attribute heating to radiation for the case of shrouded heaters in the configuration claimed.
Regarding argument ii, the claimed “radiative footprint,” in a broadest reasonable interpretation of the claims is a result of the radiation absorbing shrouds and the position of the shrouded radiative heating elements. So, while applicant is correct that the combination previously and instantly presented does not teach different grating on the various radiation absorbing shrouds, that is not instantly a limitation of the claims presented.
Regarding argument iii, ‘879 discusses the benefit of positioning heaters to achieve a desired heating profile in at least paragraph 0024. This argument is not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 John P Robitaille whose telephone number is (571)270-7006. The examiner can normally be reached Monday-Friday 8:30AM-6:00PM.
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/JPR/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743