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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/12/2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 9-14, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elfstroem et al (US 2015/0174695).
Regarding claim 1, Elfstroem discloses a three-dimensional powder bed fusion additive manufacturing apparatus comprising:
a build plate (Fig. 3 #302 build platform) on which a powder material (Fig. 3 #305 powder material) is spread in layers;
and a beam irradiation device (Fig. 3 #306 electron beam source) which irradiates the powder material (Fig. 3 #305 powder material) spread on the build plate with a beam, wherein the beam irradiation device (Fig. 3 #306 electron beam source) divides a build region of the powder material (Fig. 3 #305 powder material) spread on the build plate into a plurality of lines (Fig. 1C(i) #s 112c, 112c’, and 112c” scanning lines) and performs beam scanning to melt the powder material in the build region line by line ([0041] lines 1-3 ---"The electron beam source 306 is generating an electron beam, which may be used for melting or fusing together powder material 305 provided on the work table.”),
and performs dummy (Fig. 1C(i) 112c’ and 112c” scanning lines) scanning to scan the beam in a state that does not cause melting of the powder material (Fig. 3 #305 powder material) between an end of beam scanning of an M- th, where M is a natural number, line and a start of beam scanning of an (M + 1)th line,
wherein the beam irradiation device sets, for the beam, a predetermined length serving as a threshold length, the predetermined length being set to different values in accordance with a beam current of the beam (Figs. 1C(i)-1C(iii) shows different predetermined lengths determined. The beam currents are selected based on time sinks and scan lines. [0017] lines 6-8 ---" In still another example embodiment of the present invention the energy beam is switched off during the time sink.” The beam current is considered with the determination of the predetermined length.), performs the dummy scanning when a length of the M-th line is shorter than a predetermined length (Fig. 1C(i) shows the dummy scans 112c’ and 112c” time sinks being performed when the 112c scanning lines being shorter than the total length of the scan.),
and when the length of the M-th line is equal to or longer than the predetermined length, performs the beam scanning of the (M + 1)th line, without performing the dummy scanning (Fig. 1C(iii) shows no dummy lines being performed.),
wherein the beam irradiation device sets a dummy scanning time as a time from a start to an end of the dummy scanning and adjusts a time of the dummy scanning in accordance with a difference between the predetermined length and the length of the M-th line (Fig. 1C(i)-1C(iii) shows dummy scans being adjusted based on the total length of the scan and the length of the scan which is irradiated 112c, 114c, and 116c.),
wherein the dummy scanning time is the same as or longer than a time corresponding to the difference between the predetermined length and the length of the M-th line (Shown in the figure below), and wherein, during the dummy scanning, the beam irradiation device controls at least one of a focus state and a scanning speed of the beam, such that thermal energy applied to the powder material is reduced as compared with the beam scanning on the M-th line and the powder material is not melted ([0019] lines 1-6 ---" In still another example embodiment the energy beam is defocused and/or the scanning speed is increased and/or the power of the energy beam is lowered and/or dithering the energy beam during the time sink for leaving the powder material outside the selected locations non-fused and non-sintered”).
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Regarding claim 2, Elfstroem teaches the apparatus as appears above (see the rejection of claim 1), and Elfstroem teaches wherein the state that does not cause melting of the powder material is at least one of a state in which the beam is more blurred as compared with the beam scanning of the M-th line and a state in which a scanning speed of the beam is increased as compared with the beam scanning of the M-th line ([0019] lines 1-6 ---"In still another example embodiment the energy beam is defocused and/or the scanning speed is increased and/or the power of the energy beam is lowered and/or dithering the energy beam during the time sink for leaving the powder material outside the selected locations non-fused and non-sintered.).
Regarding claim 9, Elfstroem teaches the apparatus as appears above (see the rejection of claim 1), and Elfstroem teaches wherein the beam irradiation device (Fig. 3 #306 electron beam source) performs the dummy scanning (Fig. 1C(i) 112c’ and 112c” scanning lines) in a separate region that is different from the build region (Fig. 1C(i) # 112cscanning lines) including the M-th line and the (M + 1)th line ([0062] lines 1-7 ---"During the time sink the energy beam may be present at a position of the powder area which is not supposed to be melted. The scanning speed may be increased and/or the energy beam spot may be out of focus on the powder surface and/or the energy beam may be dithered (switched on and off) for making sure that the powder material at such locations is not melted.”).
Regarding claim 10, Elfstroem teaches the apparatus as appears above (see the rejection of claim 9), and Elfstroem teaches wherein the separate region is a build region where beam scanning is scheduled to be performed after the build region including the M-th line and the (M + 1)th line ([0062] lines 9-14 ---" In still another example embodiment the energy beam is melting another object during the time sink. The positioning of the beam spot for fusing the powder material during the time sink may be synchronized with the heat model in order to keep the build temperature within a predetermined temperature range.”).
Regarding claim 11, Elfstroem teaches the apparatus as appears above (see the rejection of claim 1), and Elfstroem teaches wherein the beam irradiation device changes the beam current during the dummy scanning ([0062] lines 1-7 ---"During the time sink the energy beam may be present at a position of the powder area which is not supposed to be melted. The scanning speed may be increased and/or the energy beam spot may be out of focus on the powder surface and/or the energy beam may be dithered (switched on and off) for making sure that the powder material at such locations is not melted.”).
Regarding claim 12, Elfstroem discloses a three-dimensional powder bed fusion additive manufacturing method comprising:
spreading a powder material on a build plate (Claim 1 ---"…applying a first powder layer on a work table…”);
and melting and coagulating the powder material by irradiating the powder material with a beam and dividing a build region corresponding to a cross-sectional shape of a shaped object into a plurality of lines to perform beam scanning, in the melting and coagulating of the powder material (Claim 1 ---“…determining a maximum scan line time of an energy beam for a first cross section of the three-dimensional article; and directing said energy beam from a first energy beam source over said work table with a constant energy causing said first powder layer to fuse in first selected locations according to said model to form said first cross section of said three-dimensional article…”),
dummy scanning is performed to scan the beam in a state that does not cause melting of the powder material between an end of beam scanning of an M-th, where M is a natural number, line and a start of beam scanning of an (M + 1)th line (Claim 1 ---“…wherein: said first energy beam is fusing said selected locations with scan lines in a first direction; and locations with a shorter scan line time than said maximum scan line time are provided with a time sink at least one of before or after said scan line so that the scan line time plus the time sink is constant for said first cross section of said three-dimensional article.”),
and in the melting and coagulating of the powder material, a predetermined time serving as a threshold time is set to different values in accordance with a beam current of the beam (Figs. 1C(i)-1C(iii) shows different predetermined lengths determined. The beam currents are selected based on time sinks and scan lines. [0017] lines 6-8 ---" In still another example embodiment of the present invention the energy beam is switched off during the time sink.” The beam current is considered with the determination of the predetermined length.), and the dummy scanning is performed when a time required for the beam scanning of the M-th line is shorter than a predetermined time (Fig. 1C(i) shows the dummy scans 112c’ and 112c” time sinks being performed when the 112c scanning lines are shorter than the total time of the scan.),
and when the time required for the beam scanning of the M-th line is equal to or longer than the predetermined time, the beam scanning of the (M + 1)th line is performed, without performing the dummy scanning, and a dummy scanning time, which is a time from a start to an end of the dummy scanning, and is adjusted in accordance with a difference between the predetermined time and the time required for the beam scanning of the M-th line ([0017] lines 6-8 ---" In still another example embodiment of the present invention the energy beam is switched off during the time sink.” This passage entails that the beam scanning is performed during times outside of the time sink scans.) (Fig. 1C(i)-1C(iii) shows dummy scans being adjusted based on the total time of the scan and the time of the scan which is irradiated 112c, 114c, and 116c.),
wherein the dummy scanning time is the same as or longer than a time corresponding to the difference between the predetermined length and the length of the M-th line (Shown in the figure below), and wherein, during the dummy scanning, the beam irradiation device controls at least one of a focus state and a scanning speed of the beam, such that thermal energy applied to the powder material is reduced as compared with the beam scanning on the M-th line and the powder material is not melted ([0019] lines 1-6 ---" In still another example embodiment the energy beam is defocused and/or the scanning speed is increased and/or the power of the energy beam is lowered and/or dithering the energy beam during the time sink for leaving the powder material outside the selected locations non-fused and non-sintered”).
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Regarding claim 13, Elfstroem discloses a three-dimensional powder bed fusion additive manufacturing apparatus comprising:
a build plate (Fig. 3 #302 build platform) on which a powder material (Fig. 3 #305 powder material) is spread in layers;
and a beam irradiation device (Fig. 3 #306 electron beam source) which irradiates the powder material (Fig. 3 #305 powder material) spread on the build plate (Fig. 3 #302 build platform) with a beam, wherein the beam irradiation device (Fig. 3 #306 electron beam source) divides a build region of the powder material spread on the build plate into a plurality of lines (Fig. 1C(i) #s 112c, 112c’, and 112c” scanning lines) and performs beam scanning to melt the powder material in the build region line by line ([0041] lines 1-3 ---"The electron beam source 306 is generating an electron beam, which may be used for melting or fusing together powder material 305 provided on the work table.”),
and performs dummy scanning (Fig. 1C(i) 112c’ and 112c” scanning lines) to scan the beam in a state that does not cause melting of the powder material between an end of beam scanning of an M-th, where M is a natural number, line and a start of beam scanning of an (M + 1)th line,
wherein the beam irradiation device sets a predetermined time serving as a threshold time, the predetermined time being set to different values in accordance with a beam current of the beam, and performs the dummy scanning when a time required for the beam scanning of the M-th line is shorter than the predetermined time (Figs. 1C(i)-1C(iii) shows different predetermined lengths determined. The beam currents are selected based on time sinks and scan lines. [0017] lines 6-8 ---" In still another example embodiment of the present invention the energy beam is switched off during the time sink.” The beam current is considered with the determination of the predetermined length.) (Fig. 1C(i) shows the dummy scans 112c’ and 112c” time sinks being performed when the 112c scanning lines are shorter than the total time of the scan.),
and when the time required for the beam scanning of the M-th line is equal to or longer than the predetermined time, performs the beam scanning of the (M + 1)th line, without performing the dummy scanning ([0017] lines 6-8 ---" In still another example embodiment of the present invention the energy beam is switched off during the time sink.”),
and wherein the beam irradiation device sets a dummy scanning time, which is a time from a start to an end of the dummy scanning, and adjusts a time of the dummy scanning in accordance with a difference between the predetermined time and the time required for the beam scanning of the M-th line (Fig. 1C(i)-1C(iii) shows dummy scans being adjusted based on the total time of the scan and the time of the scan which is irradiated 112c, 114c, and 116c.),
wherein the dummy scanning time is the same as or longer than a time corresponding to the difference between the predetermined length and the length of the M-th line (Shown in the figure below), and wherein, during the dummy scanning, the beam irradiation device controls at least one of a focus state and a scanning speed of the beam, such that thermal energy applied to the powder material is reduced as compared with the beam scanning on the M-th line and the powder material is not melted ([0019] lines 1-6 ---" In still another example embodiment the energy beam is defocused and/or the scanning speed is increased and/or the power of the energy beam is lowered and/or dithering the energy beam during the time sink for leaving the powder material outside the selected locations non-fused and non-sintered”).
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Regarding claim 14, Elfstroem teaches the apparatus as appears above (see the rejection of claim 13), and Elfstroem teaches wherein the state that does not cause melting of the powder material is at least one of a state in which the beam is more blurred as compared with the beam scanning of the M-th line and a state in which a scanning speed of the beam is increased as compared with the beam scanning of the M-th line ([0019] lines 1-6 ---"In still another example embodiment the energy beam is defocused and/or the scanning speed is increased and/or the power of the energy beam is lowered and/or dithering the energy beam during the time sink for leaving the powder material outside the selected locations non-fused and non-sintered.).
Regarding claim 16, Elfstroem teaches the apparatus as appears above (see the rejection of claim 13), and Elfstroem teaches wherein the beam irradiation device performs the dummy scanning (Fig. 1C(i) 112c’ and 112c” scanning lines and Fig. 1C(ii) 114c’ and 114c” scanning lines) in a separate region (Fig. 1C(iii) lowermost layer) that is different from the build region including the M-th line (Fig. 1C(i) #112c scan lines) and the (M + 1)th line (Fig. 1C(ii) #114c scan lines.
Regarding claim 17, Elfstroem teaches the apparatus as appears above (see the rejection of claim 16), and Elfstroem teaches wherein the separate region is a build region where beam scanning is scheduled to be performed after the build region including the M-th line and the (M + 1)th line (Examiner considers the limitation “the separate region is a build region where beam scanning is scheduled to be performed after the build region including the M-th line and the (M + 1)th line” to be a product by process limitation and does not structurally limit the claimed invention."[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." MPEP 2113).
Regarding claim 18, Elfstroem teaches the apparatus as appears above (see the rejection of claim 13), and Elfstroem teaches wherein the beam irradiation device changes the beam current during the dummy scanning ([0008] ---" FIGS. 1B(i)-1B(ii) depict a second prior art hatch algorithm for three different layers of a three-dimensional article where the energy and scan speed of the energy beam is adjusted depending on the scan length and therefore kept the time in between hatches fairly constant. However, varying the energy and the scan speed will change other parameters such as the solidification rate and thermal gradient which in turn determines the microstructural properties.”).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elfstroem et al (US 2015/0174695) as applied to claim 1, in view of Barr et al (US 2018/0239335).
Regarding claim 5, Elfstroem teaches the apparatus as appears above (see the rejection of claim 1), but does not teach wherein the predetermined length is different depending on a beam current.
Nonetheless, Barr in the same field of endeavor being additive manufacturing using laser beams, teaches wherein the predetermined length is different depending on a beam current ([0050] lines 22-27 ---" Hence, the laser beam power may vary non-linearly according to the lengths of the lines of the paths for each cross section. The processing element 16 may increase the laser beam power exponentially, as an example, for an increase in the length of the line.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Elfstroem by incorporating the differences in beam current based on a predetermined line length for the benefit proper heating and cooling of the material along adjacent path lines of the electron beam. (Barr [0004])
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elfstroem et al (US 2015/0174695) as applied to claim 13, in view of Barr et al (US 2018/0239335).
Regarding claim 15, Elfstroem teaches the apparatus as appears above (see the rejection of claim 13), but does not teach wherein the predetermined time is different depending on a beam current.
Nonetheless, Barr in the same field of endeavor being additive manufacturing using laser beams, teaches wherein the predetermined time is different depending on a beam current ([0050] lines 29-31 ---" Hence, the laser beam scan speed may vary non-linearly according to the laser beam power for a given line.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Elfstroem by incorporating the differences in beam current based on a scan speed for the benefit proper heating and cooling of the material along adjacent path lines of the electron beam. (Barr [0004])
Response to Arguments
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive.
Applicant argues that the cited prior art does not teach:
Beam-current-dependent threshold (length/time)
Per-line if/else decision rule for dummy scanning
Dummy scanning time = "same as or longer than" difference
Non-melting dummy scanning via focus/speed control
Examiner respectfully disagrees.
Elfstroem teaches a beam-current-dependent threshold (length/time). Figs. 1C(i)-1C(iii) shows different predetermined lengths determined. The beam currents are selected based on time sinks and scan lines. [0017] lines 6-8 ---" In still another example embodiment of the present invention the energy beam is switched off during the time sink.” The beam current is considered with the determination of the predetermined length.
Elfstroem teaches a per-line if/else decision rule for dummy scanning. Figs. 1C(i)-1C(iii) shows different both different time sink line and times at which the time sinks and beam scans are performed. Fig. 1C(iii) shows that no time sink is performed because the time of beam scanning and the predetermined threshold are the same.
Elfstroem teaches dummy scanning time = "same as or longer than" difference. Figs. 1C(i)-1C(ii) shows dummy scanning time = "same as or longer than" difference.
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Elfstroem teaches non-melting dummy scanning via focus/speed control. [0019] lines 1-6 ---" In still another example embodiment the energy beam is defocused and/or the scanning speed is increased and/or the power of the energy beam is lowered and/or dithering the energy beam during the time sink for leaving the powder material outside the selected locations non-fused and non-sintered”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
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/JOE E MILLS JR./Examiner, Art Unit 3761
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