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 .
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive. Therefore, the Examiner maintains the rejections presented in the previous Office Action dated 12/19/2025 below.
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.
Claim(s) 1, 5-6, 8 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tani (US 2003/0013047; IDS, 09/21/2022).
Tani is directed to an optical fabricating method and apparatus. Tani discloses and illustrates the structure of an optical fabricating apparatus 10. (Para, 0060; Fig.1). Tani discloses the optical fabricating apparatus 10 of the present embodiment includes a light source section 16 comprised of a first laser light source 12 and a second laser light source 14 and the light source section 16 is connected to a control device 50 for controlling a process in which optical fabrication is carried out in accordance with a predetermined pattern. (Para, 0060; Fig.1-2). Tani explains the first laser light source 12 is a light source used to carry out optical fabrication using a conventional ultraviolet-irradiation optical fabrication process, with a laser light source being used as the first laser light source 12 used by the ultraviolet-irradiation optical fabrication process. (Para, 0060). Tani explains any light source which emits light in the range of ultraviolet wavelength may be used such as an Nd:YAG-triple harmonic laser, or a discharge lamp such as a mercury lamp may also be used. (Para, 0060). Tani discloses the second laser light source 14 is a light source used to carry out optical fabrication using the two-photon absorption optical fabrication process. (Para, 0062; Fig.1).Tani explains, a Ti:Sapphire pulse laser is used as the second laser light source 14 used by the two-photon absorption optical fabrication process, but the present invention is not limited to the same and it may be a light source which allows optical fabrication based on the two-photon absorption optical fabrication process. (Para, 0062). Tani explains the Ti:Sapphire pulse laser allows for an output peak that can be made higher with a short pulse and a two-photon absorption phenomenon can be efficiently produced. (Para, 0062). These disclosures teach and/or suggest the limitation of claim 8, ‘An apparatus for the lithography-based generative manufacturing of a three-dimensional component, using the method according to claim 1, …and the irradiation device, which can be controlled for position-selective irradiation of the solidifiable material with the at least one beam…’
Tani discloses a dichroic mirror 18 is provided at the side of the first laser light source 12 from which light is emitted, and a reflecting mirror 22 is provided at the side of the second laser light source 14 from which light is emitted. (Para, 0063). Tani discloses the dichroic mirror 18 reflects a laser beam emitted from the first laser light source 12 and transmits a laser beam emitted from the second laser light source 14. (Para, 0063). Tani explains the dichroic mirror 18 is mounted at a first driving section 20 for deflecting reflected light in biaxial directions intersecting the optical axis for the purpose of two-dimensional scanning of spot light and the reflecting mirror 22 is mounted at a second driving section 24 for deflecting reflected light in biaxial directions intersecting the optical axis. (Para, 0064; Fig.1).
Tani discloses a light modulation mechanism 26 and a focusing lens 28 are sequentially disposed at the reflection side of the dichroic mirror 18 and the reflecting mirror 22. (Para, 0065; Fig.1). Tani discloses the light modulation mechanism 26 switches, for a laser beam passing therethrough, to shielding or to transmission. (Para, 0066; Fig.1). Tani discloses that in the present embodiment, an acousto-optical modulation element (AOM) is used as the light modulation mechanism 26, but the present invention is not limited to the same. (Para, 0066; Fig.1). Tani discloses any mechanism may be used, which can switch, for a laser beam passing therethrough, to shielding or to transmission such as a mechanical shutter which mechanically closes and opens to shield or transmit a laser beam, an electro-optic modulation element (EOM) which switches to light shielding or light transmission due to an electro-optic effect, an LCD shutter which switches to light shielding or light transmission by means of a liquid crystal. (Para, 0066; Fig.1). Tani discloses the focusing lens 28 is used to focus an incident laser beam in spot-like manner, and is mounted at a moving mechanism 30 for moving and adjusting the focusing lens 28 in a direction along the optical axis. (Para, 0067; Fig.1). Tani explains adjustment of a light focusing position, which is made by deflection of reflection angles of the dichroic mirror 18 and the reflecting mirror 22 and movement/adjustment of the focusing lens 28, functions as a focusing-point moving mechanism. (Para, 0067; Fig.1). Tani also discloses laser beams emitted from the first laser light source 12 and the second laser light source 14 are focused by a single focusing lens 28, but the present invention is not limited to the same and each laser beam may be formed as an independent optical system. (Para, 0067; Fig.1). These disclosures teach and/or suggest the limitation of claim 8, ‘An apparatus for the lithography-based generative manufacturing of a three-dimensional component using the method according to claim 1, the apparatus comprising…the irradiation device comprising an optical deflection unit, in order to focus the at least one beam successively onto focal points within the material, whereby in each case a volume element of the material located at, at least one of said focal points can be solidified by means of multiphoton absorption, characterized in that the irradiation device comprises at least one acousto-optical deflector which is arranged in the beam path of the at least one beam and is designed to displace the at least one focal point in a z-direction, the z-direction corresponding to an irradiation direction of the at least one beam into the material.’
Tani discloses as part of the apparatus, a container 40 is positioned on a desk (base plate 46) at the side of the focusing lens 28 in which light is focused. (para, 0069; Fig.1). Tani discloses the container 40 is mounted (placed) on the base plate 46 at a predetermined position and a vertical movement mechanism 48 is provided on the base plate 46. (Para, 0069; Fig.1). Tani discloses the vertical movement mechanism 48 is comprised of a supporting pole 38, an arm 36, a pole 34, a supporting plate 32 and a vertical driving section 44. (Para, 0069; Fig.1). Tani discloses, the supporting pole 38, which is equipped with the arm 36 disposed above the container 40, is fixed onto the base plate 46 and the pole 34 equipped with the supporting plate 32 for holding an object to be fabricated is supported at the end of the arm 36 so as to be movable vertically. (Para, 0070; Fig.1). Tani explains the vertical movement of the pole 34 is performed by the vertical driving section 44. (Para, 0070; Fig.1). Tani discloses the supporting plate 32 can be immersed in a photo-curing resin 42 accommodated in the container 40, and an interval between the supporting plate 32 and the liquid surface of the photo-curing resin 42 can be adjusted by the vertical movement of the container 40. (Para, 0070;Fig.1). Tani explains the supporting plate 32 is vertically moved by an operation of the vertical motion mechanism 48, and the container 40 is vertically moved accordingly, the supporting plate 32 may be a substantially transparent flat plate made of glass or acrylic resin. (Para, 0070; Fig.1). These disclosures teach and/or suggest the limitation of claim 8, ‘ An apparatus for the lithography-based generative manufacturing of a three-dimensional component, using the method according to claim 1, the apparatus comprising a material carrier for a solidifiable material’
Tani illustrates in Figure 2 a control device 50 is connected to the first laser light source 12 and to the second laser light source 14, and controls emission of laser beams from the first laser light source 12 and the second laser light source 14. (Para, 0071; Fig.2). Tani discloses a first driving section 20 for deflecting a reflection angle of the dichroic mirror 18 and a second driving section 24 for deflecting a reflection angle of the reflecting mirror 22 are also each connected to the control device 50. (Para, 0071; Fig.2). Tani discloses the light modulation mechanism 26, the moving mechanism 30 and the vertical driving section 44 are also connected to the control device 50 which is equipped with a computer including CPU, ROM and RAM, and is used to control driving of each section by a processing routine. (Para, 0071; Fig.1).
Tani also discloses a processing routine that is executed by the control device 50. (Para, 0074; Fig.3). Tani discloses in step 100, structural data of a structure to be fabricated is read. The structural data is, for example, CAD data or scan data, which is utilized for making the structure into a fabrication model for numerical analysis. (Para, 0074, Fig.3). Tani discloses in step 100, a fabrication model is prepared from the structural data. (Para, 0074; Fig.3). Tani discloses in step 102, the fabrication model is decomposed into a lattice structure where the container 40 is divided into separation blocks each having a cubic shape of 10 .mu.m in each side and this space of a predetermined size has a volume in which the fabrication model of the structure to be fabricated is completely contained. (Para, 0075). Tani explains when the fabrication model is disposed in this space, it corresponds to decomposing the fabrication model into a lattice structure and then in step 104, separation blocks completely included in the fabrication model are extracted. (Para, 0075).
Tani discloses in step 106, a control signal for driving the vertical driving section 44 is outputted so the interval between the upper surface of the supporting plate 32 and the liquid surface of the photo-curing resin 42 becomes 10µm (Para, 0076). Tani explains this results from that a volume to be fabricated by the ultraviolet-irradiation optical fabrication process in the present embodiment is a cube (1000 µm3) of 10 µm in each side. (Para, 0076). Tani explains the value in step 102 can be changed in accordance with the volume to be fabricated by the ultraviolet-irradiation optical fabrication process. (Para, 0076). Tani discloses In the subsequent step 108, in order to carry out optical fabrication using the ultraviolet-irradiation optical fabrication process, a control signal for driving the first laser light source 12 is outputted so as to allow a laser beam to be emitted from the first laser light source 12 and the control device 50 outputs a control signal to the light modulation mechanism 26 so as to shut out a laser beam. (Para, 0076). Tani discloses in step 110, optical fabrication is performed for separation blocks on the supporting plate 32. (Para, 0077). Tani discloses first, optical fabrication is performed for separation blocks of a lowermost layer among from separation blocks extracted in the aforementioned step 104. (Para, 0077). Tani explains, when a control signal is outputted to the first driving section 20 and the moving mechanism 30, the photo-curing resin 42 located on a two-dimensional plane is irradiated with a laser beam and cured. (Para, 0077). Tani discloses the control device 50 outputs, in accordance with the position of the separation block (pattern), a control signal to the light modulation mechanism 26 so as to transmit a laser beam. (Para, 0077). Tani discloses in step 112, it is determined whether fabricating for all of layers of the fabrication model has been completed. (Para, 0078). Tani discloses when the decision of step 112 is negative, the process proceeds to step 114 where a control signal for driving the vertical driving section 44 is outputted so that the interval between the fabricated upper surface of the layer in which fabricating has been completed and the liquid surface becomes 10 µm and the process returns to step 110 and the aforementioned processing is repeated. (Para, 0078).
Tani discloses when fabricating using the ultraviolet-irradiation optical fabrication process has been completed, the decision of step 112 is made affirmative, and the process proceeds to step 116 in which the fabrication model is decomposed into a fine lattice structure. (Para, 0079). Tani discloses a space of a predetermined size (in the present invention, the container 40) is divided into microscopic blocks each having a cubic shape of 1µm in each side. (Para, 0079). Tani explains, when the fabrication model is disposed in this space in the same manner as described above, it corresponds to decomposing the fabrication model into a fine lattice structure, and a correspondence relationship between positions of the aforementioned microscopic blocks and the position of the fabrication model can be obtained. (Para, 0079). Tani discloses in step 118, microscopic blocks completely included in the fabrication model, but not included in the aforementioned separation blocks are extracted. (Para, 0080). Tani discloses the extraction of microscopic blocks is not limited to extraction of the blocks which are completely included in the fabrication model. (Para, 0080). For example, when a portion of the microscopic block exists outside the fabrication model, if the ratio of a volume of that portion (a projecting portion) to the volume of the microscopic block is a predetermined value or less, it may also be extracted.
Tani discloses in step 120, a control signal for driving the vertical driving section 44 is outputted so the interval between the upper surface of the supporting plate 32 and the liquid surface of the photo-curing resin 42 becomes 1µm. (Para, 0081). Tani explains this results from the volume to be fabricated using the two-photon absorption optical fabrication process of the present embodiment, that is, the degree of accuracy is about 1µm3. (Para, 0081). Tani discloses the value obtained in step 120 can be changed in accordance with the volume to be fabricated using the two-photon absorption optical fabrication process. (Para, 0081). Tani discloses in step 122, to carry out optical fabrication based on the two-photon absorption optical fabrication process, a control signal for driving the second laser light source 14 is outputted so as to allow a laser beam to be emitted from the second laser light source 14. (Para, 0081). Tani explains the second laser light source 14 is switched to the first laser light source 12 as a light source from which a laser beam is emitted and so the control device 50 outputs a control signal to the light modulation mechanism 26 so as to shut out a laser beam. (Para, 0081). Tani discloses in step 124, optical fabrication is performed for microscopic blocks on the supporting plate 32. (Para, 0082). Tani discloses, optical fabrication is carried out for microscopic blocks of a lowermost layer among from microscopic blocks extracted in the aforementioned step 118. (Para, 0082). Tani discloses a control signal is outputted to the second driving section 24 and the moving mechanism 30, the photo-curing resin 42 on a two-dimensional plane is irradiated with a laser beam and cured. (Para, 0082). Tani discloses the control device 50 outputs, in accordance with a position (pattern) of the microscopic block, a control signal to the light modulation mechanism 26 to allow transmission of a laser beam. (Para, 0082). Tani discloses in step 126, it is determined whether fabricating has been completed for all of layers of the fabrication model. (Para, 0083). Tani discloses when the decision of step 126 is made negative, the process proceeds to step 128 where a control signal for driving the vertical driving section 44 is outputted so the interval between the fabricated upper surface of the layer in which the fabricating has been completed and the liquid surface becomes 1 µm. (Para, 0083). Tani discloses the process returns to step 124 and the aforementioned processing is repeated. (Para, 0083). These disclosures and the disclosures of Tani as discussed above teach and/or suggest the limitation of claim 1, ‘A method for lithography-based generative manufacturing of a three-dimensional component, in which at least one beam emitted by an electromagnetic radiation source is successively focused by means of an irradiation device onto focal points within a material, as a result of which in each case a volume element of the material located at each focal point is solidified by means of multiphoton absorption, characterized in that at least one of said focal points is displaced in a z-direction, the z-direction corresponding to a direction of irradiation of the at least one beam into the material, the displacement of said at least one focal point in the z-direction being effected by means of at least one acousto-optical deflector arranged in a beam path of the at least one beam, in which a sound wave is generated, a frequency of which is periodically modulated.’ Moreover these disclosures also teach and/or suggest the limitation of claims 5-6 and 13-14.
Tani discloses when fabricating using the two-photon absorption optical fabrication process has been completed, the decision of step 126 is made affirmative, and the process proceeds to step 130 in which washing processing is carried out. (Para, 0084). Tani explains, the cured photo-curing resin 42 is taken out and sprayed with or immersed in a solvent in which an uncured portion is soluble and a cured portion is not soluble, for example, methanol, thereby allowing washout of the uncured photo-curing resin 42. (Para, 0084).
While the recitations of claims 1, 5-6, 8 and 13-14 are not exactly and/or identically disclosed by Tani, one of ordinary skill in the art would have reasonably expected to successfully fabricate a highly accurate three-dimensional structure based on the disclosures of Tani as discussed above, which provides a method and optical apparatus to perform the method accurately and allows for simple fabrication of a three-dimensional object in a short time using rough and fine optical fabrication processes to form the desired structure using two-photon absorption as well as UV irradiation.
Claim(s) 2-4, 9-12 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tani as applied to claims 1, 5-6, 8 and 13-14 in paragraph 4 above, and further in view of Kirkby (US 2014/0029081; IDS, 09/21/2022).
The disclosures of Tani as discussed above fail to teach and/or suggest the limitation of claim 2, ‘ The method according to claim 1, characterized in that the at least one focal point is displaced by changing a sound wave frequency gradient of the frequency modulation.’ However, the disclosures of Tani further in view of the disclosures of Kirkby provide such teachings.
Kirkby is directed to an apparatus and methods involving the manipulation of a beam of electromagnetic radiation, such as a laser beam. (Para, 0001). Kirkby discloses the invention relates to an apparatus and methods for configuring an acousto-optic lens to cause a beam to be deflected in a desired way, for example by determining appropriate drive signals. (Para, 0001). Kirkby discloses the beam is made to image a target space, such as by selectively focusing the beam in the target space, which may be a point, 1D line, 2D plane or a 3D volume. (Para, 0001). Kirkby explains the technique, known as two-photon (or multiphoton) microscopy, allows imaging at much greater depth than confocal microscopy because of the longer excitation wavelengths used for multiphoton excitation (wavelengths of 700-1000 nm), which scatter less than those used in conventional confocal imaging, and because confocality arises intrinsically from the excitation volume allowing all emitted photons to be used to construct the image. (Para, 0004).
Kirkby discloses an embodiment of the invention comprises an acousto-optic lens comprising a first acousto-optic deflector arranged to support a first acoustic wave; a second acousto-optic deflector arranged to support a counter-propagating second acoustic wave; a driver for synthesizing first and second drive signals for said respective first and second acousto-optic deflectors; wherein said driver is arranged to synthesize a first drive signal that is phase-modulated by a non-sinusoidal first function that can be expressed as a Taylor series having one or more coefficients greater than second order; and wherein said driver is arranged to synthesize a second drive signal that is phase-modulated by a non-sinusoidal second function that can be expressed as a Taylor series having one or more coefficients greater than second order. (Para, 0033). Kirkby also discloses, a beam of electromagnetic radiation that has passed through said first and second acousto-optic deflectors and that has been brought to a focus by a subsequent lens has a phase error that is smaller than a wavelength, preferably smaller than half a wavelength, more preferably smaller than a quarter of a wavelength, more preferably still smaller than a fifth of a wavelength and even more preferably smaller than a tenth of a wavelength. (Para, 0045). The disclosures of Tani further in view of Kirkby teach and/or suggest the limitation of claims 3 and 11.
Kirkby discloses the acousto-optic lens may comprise a third acousto-optic deflector and a fourth acousto-optic deflector; wherein said third and fourth acousto-optic deflectors are for deflecting said beam of electromagnetic radiation in a direction having a component perpendicular to the direction in which said first and second acousto-optic deflectors deflect said beam of electromagnetic radiation; said driver being for synthesizing third and fourth drive signals for said respective third and fourth acousto-optic deflectors; wherein said driver is arranged to synthesize a third drive signal that is phase-modulated by a third function that can be expressed as a Taylor series having one or more coefficients greater than second order, and wherein said driver is arranged to synthesize a fourth drive signal that is phase-modulated by a fourth function that can be expressed as a Taylor series having one or more coefficients greater than second order. (Para, 0072). Kirkby explains the use of four deflectors allows a fully 3D system to be implemented. (Para, 0072). Kirkby further explains there is no requirement for four separate AOD crystals (although this is preferred) and any of the drive signals can be for driving the same crystal and that said drive signals are such as to provide, subsequent to an objective lens, a focused point that smoothly travels with at least a component in the -Z or Z direction. (Para, 0079).
Kirkby illustrates a schematic diagram of the complete apparatus that can be used to perform microscopy, preferably 2-photon microscopy. (Para, 0139; Fig.1). Kirkby discloses the present invention is concerned in particular with the drive signals for driving the two or four AODs of an AOL to give improved results in terms of image quality. (Para, 0139; Fig.1). Kirby discloses the invention preferably comprises a computer control system 12 that drives the AOL 11 based on the equations appropriate to the configuration of AODs. (Para, 0139-0146; Fig.1). Kirkby also shows the sequence and orientation of four AODs forming an AOL. (Para, 0147; Fig.2). Kirkby discloses first AOD 30 is driven by a first drive signal to propagate a first acoustic wave 31 through the aperture of the first AOD 30 and the second AOD 40 is driven by a second drive signal to propagate a second acoustic wave 41 through the aperture of the second AOD 40. (Para, 0147; Fig.2). Kirby explains the drive signals typically cause acoustic waves of the same frequency as the drive signal to be applied to the AOD aperture. (Para, 0147). Kirkby discloses when third and fourth AODs are present (as in FIGS. 1 and 2), the third drive signal creates the third acoustic wave 51 and the fourth drive signal creates the fifth acoustic wave 61 in the same way. (Para, 0147).
Kirkby discloses the first AOD 30 works together with the second AOD 40 to provide deflection in the X direction (i.e. in the X-Z plane) whereas the third and fourth AODs are for providing deflection in the Y direction (i.e. the Y-Z plane). (Para, 0147; Fig.2).The disclosures of Tani as discussed above further in view of these disclosures of Kirkby teach and/or suggest the limitation of claims 4 and 12. Kirby discloses the first and second AODs are preferably arranged so the acoustic waves 31, 41 in each travel in opposite directions. (Para, 0147; Fig.2). Kirkby discloses, the first acoustic wave can be made so as to have only a resolved component that travels counter to a resolved component of the second acoustic wave, which means the first and second AODs 30, 40 can be in any orientation with respect to one another except for the orientation where the acoustic waves 31, 41 travel in precisely the same direction as one another. (Para, 0147). Kirkby discloses that preferably though, the first and second AODs are oriented with 180 degrees of relative rotation in the X-Y plane such that the first and second acoustic waves are oppositely propagating in a pure sense. (Para, 0147; Fig.2). The disclosures of Tani as discussed above further in view of these disclosures of Kirkby teach and/or suggest the limitation of claims 15-16.
Kirkby discloses as well as being applicable to the pointing mode (where light is focused to a stationary point), the present invention is also applicable to the scanning mode (where the focal point is constantly moving). (Para, 0154). Kirkby explains scans have involved scanning in an X-Y plane and incrementing Z to build up a 3D picture and the aberration correction aspects of the present invention can be used for such scans. (Para, 0154). Kirkby discloses the invention also allows the creation of a wholly new type of scan where the focal point can be made to move smoothly with a component in the Z or -Z direction. (Para, 0154). Kirkby also discloses when the frequency is mapped temporally and spatially, separation of the frequencies controls the focal spot position in X whereas the slope of the frequency graph controls the spot position in Z. (Para, 0206). The disclosures of Tani as discussed above further in view of this disclosures of Kirkby contemplates the limitation of claim 2.
Kirkby also discloses an apparatus in Figure 15. (Para, 0223; Fig.15). Kirkby discloses the apparatus is similar to that shown in FIG. 1, although the controller 12 is modified. (Para, 0223). Kirkby discloses the apparatus includes a means to create the standard drive signals and the drive signals having aberration correction or Z-scanning components, the controller also includes a phase sensitive detector 14 and a four-phase frequency generator 15. (Para, 0223; Fig.15). Kirkby discloses in the method, a spot within the 3D volume is first selected by the controller 12, or by a user programming the controller 12. (Para, 0223); Kirkby discloses the drive signals to cause pointing at that spot are then computed by the controller 12 and applied to the AOL 11. (Para, 0223). Kirkby discloses the four phase frequency generator 15 is used to create four cyclic waveforms (which can be sinusoidal, but need not be) preferably having different amplitude and phase. (Para, 0223). Kirkby discloses the cyclic FM waveforms are superimposed on top of the standard drive signals and different amplitude and phase cyclic FM signals are preferably superimposed on the linear drive signals to each AOD forming the AOL 11. (Para, 0223). Kirkby explains at low superimposed FM drive frequencies less than the inverse of the AOD aperture fill time, this causes cyclic movement of the focal spot in a 3D space with no significant aberration. (Para, 0223). The disclosures of Tani further in view of these disclosures of Kirkby teach and/or suggest the limitation of claims 9-10.
It would have been obvious to one of ordinary skill in the art at the time of filing of the present application by Applicant to modify the disclosures of Tani further in view of the disclosures of Kirkby because both and Tani and Kirkby are directed to an apparatus and methods of forming 3D structures using two-photon or multiphoton exposure and Kirkby disclose various configurations of AOD(s) within the apparatus to achieve this desired structure in an efficient and precise manner.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The disclosures of Tani and/or Kirkby as discussed above fail to teach and/or suggest the limitation of claim 7, ‘ The method according to claim 1, characterized in that the at least one focal point is displaced in the z-direction by means of the at least one acousto-optical deflector in order to form a curved outer contour or an outer contour of the three-dimensional component which is oblique relative to the x-y plane, a size of each of the volume elements forming the outer contour. The prior art also fails to provide other relevant disclosures which cure the deficiencies of Tani and/or Kirkby to teach and/or suggest the limitation of claim 7. Therefore, claim 7 includes allowable subject matter.
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive. Applicant argues that the disclosures of Tani fail to teach and/or suggest an acoustic optical deflector but instead merely discloses an acoustic optical modulator. However, the Examiner is not persuaded by this argument. The Examiner points to the general teachings of the prior art reference Shimada (US 2014/0376078) which provides a general understanding of acoustic optical devices and/or elements. Shimada explains that a principle of operation of the acoustic optical element (such as AOM (acoustic optical modulator), AOTF (acoustic optical tunable filter, and AOD (acoustic optical deflector )) is shown in FIG. 7. (Para, 0006). Shimada explains, in the acoustic optical element, optical crystal such as LiNbO3, PbMoO4, or TeO2 is used as a medium. (Para, 0006). Shimada explains that a transducer that transmits ultrasonic sound waves is attached to the optical crystal and a piezoelectric body is used as the transducer. (Para, 0006). Shimada discloses that as a high-frequency voltage (RF (radio frequency) voltage) is applied to the transducer, acoustic waves of high frequency are generated in the crystal and incident light is caused to be diffracted by using a periodic change of the refractive index due to the acoustic waves, and accordingly, light is caused to be deflected. (Para, 0006). Shimada further explains, the entire incident light that is incident on the acoustic optical element is not diffracted, and first-order diffracted light and transmitted light (non-diffracted light) emerge from the acoustic optical element. (Para, 0007). Shimada also explains, by changing the frequency of the high-frequency voltage applied to the acoustic optical element, a direction of deflection of the first-order diffracted light is changed, and by changing amplitude of the high-frequency voltage, a light intensity of the first-order diffracted light changes. (Para, 0007). These disclosures of Shimada demonstrate that acoustic optical modulators or deflectors are similarly categorized and/or understood in the prior art and have a similar function and/or operation. Moreover, these disclosures demonstrate that the modulator described in Tani is not merely moderating intensity of the light as it is reflected and deflected from the optical device. Therefore, Tani referencing a modulator instead of a deflector still teaches and/or suggests the steps recited in independent claim 1, ‘A method for lithography-based generative manufacturing of a three-dimensional component, in which at least one beam emitted by an electromagnetic radiation source is successively focused by means of an irradiation device onto focal points within a material, …the displacement of said at least one focal point in the z-direction being effected by means of at least one acousto-optical deflector arranged in a beam path of the at least one beam, in which a sound wave is generated, a frequency of which is periodically modulated.’ Therefore, while, the exact language of the disclosures of Tani do use the term acoustic optical modulator, the prior art reference Shimada demonstrates that these optical devices are similarly categorized and the devices operate in such a similar way that the disclosures of Tani still teach and/or suggest the method recited in independent claim 1 and the apparatus recited in independent claim 8. Therefore, the Examiner properly maintained the previously presented rejections above and claims 1-16 remain rejected over the disclosures of Tani and/or Kirby.
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.
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/CALEEN O SULLIVAN/Primary Examiner, Art Unit 2899