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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/28/2025 has been entered.
Claim Objections
Claim 9 is objected to because of the following informalities: within the second gap for form the seamless structure should be “within the second gap to form the seamless structure.” Appropriate correction is required.
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:
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.
Claim(s) 8-15, 25-28, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Askedall (US2015/0306823 A1) in view of Page (US2018/0015674 A1).
Regarding claim 8, Askedall teaches a method of three-dimensional printing (abstract), the method comprising extruding from a primary extruder (210) a first primary extrusion to a build plate (684) [0092], the primary extruder having a hollow primary body for accepting a printing material (see figure 2), the primary body including a first end and a second end opposite and spaced apart from the first end of the primary body (see figure 2), wherein the second end of the primary body defines a primary extruder opening for extruding melted printing material of the first primary extrusion [0031] such that the first primary extrusion is extruded from the primary extruder opening is in a plane perpendicular to a primary longitudinal axis (figure 2, [0072]); pressing the first primary extrusion, by the primary extruder, against the build plate [0092] such that across-sectional shape of the first primary extrusion changes forming a flattened surface adjacent the build plate [0030]; extruding from the primary extruder a second primary (212) extrusion to the build plate [0092], the second primary extrusion disposed side by side with the first primary extrusion and adjacent the build plate in the first layer (figure 7) such that a first gap is defined between adjacent edges of the first and second primary extrusions; and extruding from a secondary extruder a first secondary extrusion to the build plate [0055], the secondary extruder (212) having a hollow secondary body for accepting a printing material (see figure 2 [0072]), the secondary body including a first end and a second end opposite and spaced apart from the first end of the secondary body, wherein the second end of the secondary body defines a secondary extruder opening for extruding melted printing material [0031] such that; the first secondary extrusion is extruded from the secondary extruder opening is in a plane perpendicular to a secondary longitudinal axis (see figure 2), [0055]; wherein the shape of the secondary extruder opening corresponds to the shape of the first gap formed between the adjacent edges of the first and second primary extrusions such that the first secondary extrusion fills the first gap [0077] and [0084 discloses the secondary extruder moves relative to the primary extruder] and ([0095] discloses infill geometries).
As for the limitation wherein the first secondary extrusion is disposed within the first gap, wherein the shape of the secondary extruder opening corresponds to the shape of the first gap formed between the adjacent edges of the first and second primary extrusions such that the first secondary extrusion entirely fills the first gap to form a seamless structure, although Askedall does not explicitly disclose it, but analogous art, Page, discloses layers can be deposited starting with the innermost layers and proceeding to the outermost layers. An nth layer can be deposited with one or more gaps of a first width. Then, a next layer (n+1 layer) can be deposited with gaps of a second width which can be narrower than the first width and which can be aligned with the gap(s) of the nth layer. A subsequent layer (n+2 layer) can be deposited over or outside of the n+1 layer with sufficient material and deposition speed or pressure that the material of the n+2 layer flows through the gap in then n+1 layer and into the gap in the nth layer. The n+2 layer material can partially or completely fill the gap(s) in the nth and n+1 layers. If the gap(s) in the nth layer are larger than the gap(s) in the n+1 layer, the N+2 layer material can form a physical interlock with the material of the other layers. The n+2 layer material that flows into the gaps in the other layers can be a locking feature 508 [0082]. Page further discloses the gaps can have different width, different shapes and be narrower [0082-0083]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated filling gaps to prevent or mitigate splitting or delaminating at an interface between the first and second layers (claim 22).
Furthermore, for the limitation wherein the shape of the secondary extruder opening corresponds to the shape of the first gap formed between the adjacent edges of the first and second primary extrusions, MPEP 2144.04 states It has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23. Further, [0134] of Page discloses the secondary material/primary extrusion can take any shape. Further it is conventionally well known for nozzles to impart the shape of the product released in the extruder. Therefore, it would have been obvious to one having ordinary skill in the art to have a secondary extruder opening correspond to the shape of the first gap since (1) Page teaches the second primary extrusion can have any shape [0134] and filling up the gap left from the first primary extrusion (claim 22) and (2) MPEP states changing shapes are a prima facie evidence of obviousness.
Regarding claim 9, Askedall teaches extruding a third primary extrusion (328) adjacent the first primary extrusion (324) in a second layer (figure 3);As for the fourth extruder, in a different embodiment, Askedall teaches extruding a fourth primary (808) extrusion disposed side by side with the third primary (806) extrusion and adjacent the fourth primary extrusion in the second layer such that a second gap is defined between adjacent edges of the third and fourth primary extrusions. As for the claim limitation wherein the first secondary extrusion is disposed within the second gap for form the seamless structure, Askedall teaches infilling geometries in [0095]. Further, Page discloses comprises causing the extruder nozzle to deposit two first material segments in a first layer to form the first shape, which is defined by a gap between the two first material segments in the first layer, and wherein causing the extruder nozzle to deposit the one or more second material segments comprises causing the extruder nozzle to deposit a second material segment in a second layer to form the second shape, which protrudes from the second layer into the gap in the first layer to prevent or mitigate splitting or delaminating at an interface between the first and second layers (claim 22). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated filling gaps to prevent or mitigate splitting or delaminating at an interface between the first and second layers (claim 22).
Regarding claim 10, extruding a third primary extrusion (806) disposed side by side with the second primary extrusion (804) and adjacent the build plate (902) in the first layer such that a second gap is defined between adjacent edges of the second and third primary extrusions; and extruding a second secondary extrusion such that the second secondary extrusion is disposed within the second gap, Askedall teaches infilling geometries in [0095]. Further, Page discloses comprises causing the extruder nozzle to deposit two first material segments in a first layer to form the first shape, which is defined by a gap between the two first material segments in the first layer, and wherein causing the extruder nozzle to deposit the one or more second material segments comprises causing the extruder nozzle to deposit a second material segment in a second layer to form the second shape, which protrudes from the second layer into the gap in the first layer to prevent or mitigate splitting or delaminating at an interface between the first and second layers (claim 22). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated filling gaps to prevent or mitigate splitting or delaminating at an interface between the first and second layers (claim 22).
Regarding claims 11-12, Askedall teaches wherein the shape of the primary extruder opening and the shape of the secondary extruder opening are different; wherein the cross-sectional shape of the primary extrusion is a circle or oval wherein the cross-sectional shape of the second primary extrusion is rectilinear ([0044] discloses different shapes of the extruders). Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated different shape extruders that are circle/oval and rectilinear since MPEP 2144.04 discloses it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23.
Regarding claim 13, Askedall teaches introducing the printing material into the first end of the primary body of the primary extruder from a primary material feeding device such that the printing material exits the primary extruder opening as melted printing material, introducing the printing material into the second end of the secondary body of the secondary extruder from a secondary material feeding device such that the printing material exits the secondary extruder opening as melted printing material (figures 2 and 6; [0031, 0048, 0053-0054, 0072]).
Regarding claim 14, Askedall teaches melting the printing material into melted printing material using a heating device (126) included in each of the primary extruder and the secondary extruder [0031].
Regarding claim 15, Askedall discloses moving the build plate, the primary extruder, and the secondary extruder relative to each other using a computer numerical control (CNC) (110) machine [0022].
Regarding claim 25, Askedall discloses comprising: removably coupling a primary die head (224) to the second end of the primary body, the primary die head defining the primary extruder opening (figure 2); and removably coupling a secondary die head (226) to the second end of the secondary extruder, the secondary die head defining the secondary extruder opening (figure 2); wherein the primary die head and the secondary die dead are interchangeably couplable to the second end of the body formerly integral structure [0071].
Regarding claim 26, Askedall teaches pressing the second primary extrusion (212), by the primary extruder (210), the second primary extrusion against the build plate [0092] such that the cross-sectional shape of the second primary extrusion changes forming a flattened surface adjacent the build plate [0030, 0044], wherein pressing the first primary extrusion and the pressing the second primary extrusion includes forming a flattened top surface of each of the first and second primary extrusions, where the top surface is opposite the build plate (figures 8 and 9).
Regarding claim 27, Askedall disclose extruding a third primary extrusion (806) adjacent the first primary extrusion in a second layer; wherein the shape of the secondary extruder opening corresponds to the shape of the first gap formed between the adjacent edges of the first and second primary extrusions such that the first secondary extrusions fills the first gap and extends beyond the first gap to fill a second gap defined between the first, second and third primary extrusions ([0095] discloses infill geometries).
Furthermore, analogous art, Page, discloses layers can be deposited starting with the innermost layers and proceeding to the outermost layers. An nth layer can be deposited with one or more gaps of a first width. Then, a next layer (n+1 layer) can be deposited with gaps of a second width which can be narrower than the first width and which can be aligned with the gap(s) of the nth layer. A subsequent layer (n+2 layer) can be deposited over or outside of the n+1 layer with sufficient material and deposition speed or pressure that the material of the n+2 layer flows through the gap in then n+1 layer and into the gap in the nth layer. The n+2 layer material can partially or completely fill the gap(s) in the nth and n+1 layers. If the gap(s) in the nth layer are larger than the gap(s) in the n+1 layer, the N+2 layer material can form a physical interlock with the material of the other layers. The n+2 layer material that flows into the gaps in the other layers can be a locking feature 508 [0082]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated filling gaps to prevent or mitigate splitting or delaminating at an interface between the first and second layers (claim 22).
Regarding claim 28, Askedall discloses extruding a third primary extrusion (806) disposed side by side with the second primary extrusion (804) and adjacent the build plate (684) in the first layer such that a second gap is defined between adjacent edges of the second and third primary extrusions wherein the shape of the secondary extruder opening corresponds to the shape of the second gap formed between the adjacent edges of the second and third primary extrusions such that the second secondary extrusion fills the second gap ([0095] discloses infill geometries).
Furthermore, analogous art, Page, discloses layers can be deposited starting with the innermost layers and proceeding to the outermost layers. An nth layer can be deposited with one or more gaps of a first width. Then, a next layer (n+1 layer) can be deposited with gaps of a second width which can be narrower than the first width and which can be aligned with the gap(s) of the nth layer. A subsequent layer (n+2 layer) can be deposited over or outside of the n+1 layer with sufficient material and deposition speed or pressure that the material of the n+2 layer flows through the gap in then n+1 layer and into the gap in the nth layer. The n+2 layer material can partially or completely fill the gap(s) in the nth and n+1 layers. If the gap(s) in the nth layer are larger than the gap(s) in the n+1 layer, the N+2 layer material can form a physical interlock with the material of the other layers. The n+2 layer material that flows into the gaps in the other layers can be a locking feature 508 [0082]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated filling gaps to prevent or mitigate splitting or delaminating at an interface between the first and second layers (claim 22).
Regarding claim 30, Askedell and Page teaches wherein the third and fourth primary extrusions (Askedell figures 3 and 8 and Page[0151] discloses multiple nozzles) seal the first and second gaps to form the seamless structure [Page 0082].
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Askedall (US2015/0306823 A1) in view of Page (US2018/0015674 A1), as applied to claim 26, and further in view of Kobida et al (US 2016/0221259 A1).
Regarding claim 29, Askedall does not explicitly disclose the primary extruder opening is shaped to produce the first and second primary extrusion with a circular or oval cross-sectional shape. However it is conventionally well known to for extruder openings to have circular or oval cross-sectional shape. Analogous art, Kobida et al, discloses the extruder may include an extrusion tip or other opening that includes an exit port with a circular, oval, slotted or other cross-sectional profile that extrudes build material in a desired cross-sectional shape [0117]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated first and second primary extrusion with a circular or oval cross-sectional shape since it is conventionally well known. "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
As for the limitation, wherein a distance between the second end of the primary body and the build plate is less than a diameter of the cross-sectional shape of the primary extrusion exiting the primary extruder opening, Page teaches, the distance or the width of the second layer is smaller than the previously layer [0082].
As for the limitation wherein each of the first and second primary extrusion are pressed against the build plate by the second end of the primary body to form the flattened top surface of each of the first and second primary extrusion, Page’s figure 3a-3c depicts this.
Claim(s) 31- 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Askedall (US2015/0306823 A1) in view of Page (US2018/0015674 A1), as applied to claim 9, and further in view of Yamamura (US2017/0259396 A1).
Regarding claim 31, Askedall and Page teaches wherein a first exterior facing gap is defined between adjacent edges of the first and second primary extrusions adjacent to the plate (see figures 4-5 in Askedall depicts the extrusions and Page figures 3a-3c depicts the plate and [0082 in Page] defines the gaps), but are silent to further comprising polishing the first exterior facing gap to form the seamless structure. Analogous art, Yamamura, discloses using polishing in order to remove any distortions and to smooth the surface [abstract]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated polishing as taught by Yamamura into the method taught by Askedall and Page in order to remove any distortions and to smooth the surface.
Regarding claim 32, Page teaches wherein a first exterior gap is defined between adjacent edges of the first and second primary extrusions adjacent the build plate and a second exterior facing gap is defined between adjacent edges of the third and fourth primary extrusions [0082 -0083].
However, Askedell and Page are silent to further comprising polishing the first and second exterior facing gaps to form the seamless structure. Analogous art, Yamamura, discloses using polishing in order to remove any distortions and to smooth the surface [abstract]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated polishing as taught by Yamamura into the method taught by Askedall and Page in order to remove any distortions and to smooth the surface.
Response to Arguments
Applicant's arguments filed 4/28/2025 have been fully considered but they are not persuasive. Applicant argues Askedall does not disclose the extruder opening corresponds to the shape of the first gap. However, MPEP 2144.04 states It has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23. Further, [0134] of Page discloses the secondary material/primary extrusion can take any shape. Further it is conventionally well known for nozzles to impart the shape of the product released in the extruder. Therefore, it would have been obvious to one having ordinary skill in the art to have a secondary extruder opening correspond to the shape of the first gap since (1) Page teaches the second primary extrusion can have any shape [0134] and filling up the gap left from the first primary extrusion (claim 22) and (2) MPEP states changing shapes are a prima facie evidence of obviousness.
Applicant argues that infill changes taught by Askedall does not correspond to filling a first gap. However, if the infill is set to 100%, one ordinary skill in the art would understand it to completely cover any gaps surrounding. Nonetheless if applicant does not agree with this interpretation, the secondary reference, Page teaches filling gaps to prevent or mitigate splitting or delaminating at an interface between the first and second layers (claim 22).
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). Therefore, it is the combination of Askedall, Page and the skillset of one ordinary skill in the art that reads on the claim limitation: since (1) Page teaches the second primary extrusion can have any shape [0134] and filling up the gap left from the first primary extrusion (claim 22) and (2) MPEP states changing shapes are a prima facie evidence of obviousness.
Conclusion
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/FARAH TAUFIQ/Primary Examiner, Art Unit 1754