DETAILED ACTION
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 Amendment
The amendment filed on 02/20/2026 has been entered and accepted. The amendment with regard to the 112b rejections has been accepted and the rejections have been withdrawn.
Response to Arguments
Applicant's arguments filed 02/20/2026 have been fully considered but they are not persuasive.
Applicant argues that the “design of inkjet printers is already unsuitable for feeding a rod or wire-shaped filler metal in a solid state to a weld pool” (Page 10 of applicant’s remarks filed 02/20/2026). However, Paragraph 47 of Varnon teaches that the shape of the discrete amounts of build material may be cylindrical in shape which is that of a shape of a rod or wire, or alternatively by of any common uniform shape. Paragraph 36 teaches that the build material can be metallic. Since Paragraph 59 of Varnon states that said discrete amount of build material is loaded within the cartridges, Varnon directly teaches that said apparatus is capable of feeding a rod or wire-shaped filler metal. Paragraph 39 of Varnon teaches that the material within the cartridges is passed through a discharge orifice towards a layer of build material and thus would be fully capable of being delivered to a weld pool. The Office further notes that Applicant’s arguments regarding “wire-shaped and/or rod-shaped welding filler element” rely on language solely recited in preamble recitations in claim(s) 1. When reading the preamble in the context of the entire claim, the recitation “wire-shaped and/or rod-shaped welding filler element” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
In response to applicant's argument that Varnon is directed toward an inkjet printer and would not be applicable to a deposition welding process, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Varnon describes a structure which is fully capable of delivering filler material from a cartridge to a work surface. Applicant’s arguments regarding the inkjet printer being made of plastic or the guide unit are not substantive because the claims are not properly limited in such a way as to require the feed device to require such structure. The applicant has provided no support or evidence for why the dispensing unit could not structurally be capable of delivering the material for a deposition welding process. It should be noted that independent claim 1 does not require that the material even be delivered to the melt pool, but could reasonably be delivered to any part of a deposition welding process such as storage or some other portion which would not consist of high temperatures. Furthermore, Paragraphs 35-36 of Varnon teaches the invention as described is applicable to all solid freeform fabrication techniques and objects made therefrom and that the present invention can be implemented with any SFF technique utilizing a wide variety of build materials. It is also well known in the art that deposition welding is a technique which can be used in solid freeform fabrication as evidenced by STRUKSNES (US 20180009052 A1). As such, Varnon would be fully applicable to deposition welding, as it is a technique commonly used in solid freeform fabrication. The Office further notes that evidence has been provided in dependent claim 4 of the previous action in view of Paragraph 17 of KEICHER (US 20010008230 A1) which indicates that the delivery of powder to a melt pool through a delivery mechanism is well known in the art.
Regarding the applicant’s argument that “Varnon does not teach a positioning sleeve” and that “the welding filler elements of Applicant’s claim are metal sticks” (Page 11 of applicant’s remarks filed 02/20/2026). In addition to the arguments above which indicate that the build material can reasonably consist of cylindrical metal, the term “metal sticks” in relation to the “welding filler elements” do not appear anywhere in the applicant’s claims. The only structural limitation present in Applicant’s independent claim 1 is the structure of “a wire-shaped and/or rod-shaped welding filler element”. It should further be noted, as stated above, that said limitation only appears in the preamble and thus even this structural limitation is not limiting. Thus, the application is not required to be capable of pressing out said metal sticks from a positioning sleeve.
Regarding the applicant’s argument that the “The Office has done nothing to provide why it would be obvious to include the elements "providing the welding filler element (310) for deposition welding" and “does not explain the mental leap from the soft build material in Varnon (that is melted then extruded or otherwise such a soft material that shearing the material to get through the small opening (70) is possible) to solid sticks of metal that are used in welding. As such, not only are the missing claim limitations that Varnon lacks that are not disclosed by any of the remaining art making claims 6, 8, 11-13, and 16-17 patentable over the cited art, but the Office has not established a prima facie case of obviousness as the Office Action entirely lacks the articulated reasoning required by M.P.E.P. § 2143 to make the mental jump that 3D printing cartridges could pump out thick solid sticks of metal for welding” (Pages 14 and 15 of applicant’s remarks filed 02/20/2026). As stated above, the examiner notes that the applicant’s use of the terms “solid sticks of metal” used to describe the welding filler material is simply not present in the claims. The limitations currently present in the claim of “deposition welding” and “wire-shaped and/or rod-shaped welding filler element” do not require, under broadest reasonable interpretation, the limitations that the applicant argues are lacking in the prior art. If the applicant believes that certain attributes, such as the filler material being made of solid sticks of metal, are inherent to the limitation of “providing welding filler material for deposition welding”, the Office encourages the applicant to explicitly include all of said limitations in the claims instead of relying on general processes, such as the vague term of “deposition welding”, as a key part of the claim language. Amending the claims in this way would clarify to those of ordinary skill in the art what the applicant regards as being inherent to a “deposition welding” process, without limiting the claims to beyond that of what the applicant already understands the term inherently encompasses. The Office notes that relevant prior art which use fluidized powder or paste as an alternative to wires is known, as evidenced by OFFER (US 5793009 A). As such, the Office would thus not consider solid sticks of metal to be an inherent attribute for the filler material in deposition welding.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 9-10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, it is unclear whether the term “and/or” is suggesting that both limitations “- the guide unit (200) is arranged to move the welding filler element (310) relative to the positioning sleeve (300, 302), and” and “- a fluid, in particular a shielding gas, is supplied such that the welding filler element (310) is moved, in particular continuously, pressed, out of the positioning sleeve (300, 302), and/or” are intended to be limited by “and/or” as an alternative to the limitation “- comprises a pressing unit, which is arranged and designed to move the welding filler element out of a distal end of the guide unit and/or the positioning sleeve, in particular continuously to press it”, or if the first limitation of “- the guide unit (200) is arranged to move the welding filler element (310) relative to the positioning sleeve (300, 302), and” is not intended to be limited by the term “and/or”. The Office suggests combining either the first two limitations into one paragraph to make it clear that the first two limitations are intended to be regarded as one whole or alternatively to combine the second two limitations into one paragraph such as to make it clear that term “and/or” is limited to only the second two limitations.
A similar rejection is made for claim 9.
Claim 10 is rejected upon its dependence upon claim 9.
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, 4-5, 7, 9, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Varnon (US 20030063138 A1).
Regarding claim 1, Varnon (US 20030063138 A1) teaches a feeding device (1) for feeding welding filler elements (310) (Paragraph 36, build material), in particular a wire-shaped and/or rod-shaped welding filler element (310) (Paragraph 47, shape of the discrete amounts of build material may be cylindrical in shape), for a deposition welding process (Figure 4 Paragraph 41, new build material feed system 10; Paragraph 36, invention is applicable to all solid freeform fabrication techniques and objects made therefrom and can be implemented with any SFF technique utilize a wide variety of build materials; deposition welding is well known in the art to be a technique within solid freeform fabrication), comprising:
- a receiving unit (100) (magazine hopper 16 and mechanical indexer 44) for receiving at least one welding filler element (310) (Paragraph 59, extrusion bar 46 applies the force to expel the build material wherein the material within the containers 42 passes through the filter 48; Paragraphs 59 and 74, queue station 12 in the form of a magazine hopper 16 forms a magazine for holding a plurality of containers 42),
- a guide unit (200) (mechanical indexer 44 and extrusion bar 46) arranged and configured to feed the welding filler element (310) to a deposition welding process (Paragraph 47, mechanical indexer delivers discrete amounts of non-flowable build material to a dispensing device),
- at least one positioning sleeve (300, 302) (Figure 5, container 42 comprising a syringe portion 62 and plunger portion 64),
- wherein the at least one welding filler element (310) is coupled to the positioning sleeve (300, 302) (Paragraph 46, discrete amounts of build material are provided in containers) and the positioning sleeve (300, 302) is receivable in the receiving unit (100) (Paragraph 59, mechanical indexer receives the cartridges; Paragraph 74, magazine 16 receives the cartridges),
- wherein the receiving unit (100) and the guide unit (200) are arranged and configured such that the positioning sleeve (300, 302) is provided discontinuously to the guide unit (200) (Paragraphs 59-60, mechanical indexer 44 is arranged such as to deliver build material to the filter 48 wherein the mechanical indexer 44 must rotate and receive a new cartridge from the magazine after finishing a cartridge), and
- wherein the positioning sleeve (300, 302) has a sleeve cavity (316) for arranging and/or passing through the welding filler element (310) (Figure 5 Paragraph 72, syringe portion of the container 42 has a small opening at one end for dispensing the material)
- wherein the receiving unit (100) and the guide unit (200) are arranged and configured such that the welding filler element (310) is provided discontinuously to the guide unit (200) (Paragraphs 59-60, mechanical indexer 44 is arranged such as to deliver build material to the filter 48 wherein the mechanical indexer 44 must rotate and receive a new cartridge from the magazine after finishing a cartridge).
Regarding claim 4, Varnon teaches the feeding device (1) according to claim 1, wherein
- the guide unit (200) comprises a positioning section configured to position the positioning sleeve (300, 302) and/or the welding filler element (310) such that a distal end of the welding filler element (310) can be fed to a melt pool (Paragraphs 59-60, mechanical indexer 44 is arranged such as to deliver build material to the filter 48 and then a dispensing device which would be fully capable of delivering the element into a melt pool)1, and
- the positioning section comprises a guide channel (218) having an inner diameter corresponding to the outer diameter of the welding filler element (310) and/or the positioning sleeve (300, 302) (Figure 5 Paragraph 72, syringe portion 62 comprises a diameter which contains the material; Figure 5 Paragraph 75, sealing end 76 of the plunger portion 64 engages the cylindrical syringe portion 62 to achieve a substantially airtight fit which indicates that their diameters are the same).
Regarding claim 5, Varnon teaches the feeding device (1) according to claim 1, comprising
a moving unit (212) (extrusion bar 46) which is arranged to move the welding filler element (310) and/or the positioning sleeve (300, 302) from a coupling area (208) (welding filler element; Paragraph 59, extrusion bar 46 applies force to the cartridge to remove the build material from the cartridge through an orifice into a filter which then is delivered to the dispensing device 14), in which the welding filler element (310) and/or the positioning sleeve (300, 302) passes from the receiving unit (100) to the guide unit (200), to a working area (206) in which the welding filler element (310) is positioned such that it can be used for deposition welding processes (Paragraph 59, extrusion bar 46 applies force to the cartridge to remove the build material from the cartridge through an orifice into a filter which then is delivered to the dispensing device 14).
Regarding claim 7, Varnon teaches the feeding device (1) according to claim 1, wherein
- the guide unit (200) is arranged to move the welding filler element (310) relative to the positioning sleeve (300, 302) (Paragraph 59, extrusion bar 46 applies force to the cartridge to remove the build material from the cartridge through an orifice into a filter which then is delivered to the dispensing device 14), and
- a fluid, in particular a shielding gas, is supplied such that the welding filler element (310) is moved, in particular continuously, pressed, out of the positioning sleeve (300, 302) (see 112b rejection above for “and/or”), and/or
- comprises a pressing unit, which is arranged and designed to move the welding filler element out of a distal end of the guide unit and/or the positioning sleeve, in particular continuously to press it out (Paragraph 59, extrusion bar is biased axially along a shaft 54 by a feed motor 52; Figure 5 Paragraph 72, syringe portion of the container 42 has a small opening at one end for dispensing the material wherein the plunger portion 64 is driven into the syringe portion 62 to expel the material through the opening 70).
The Office further notes that CONTRACTOR (US 20170259482 A1) teaches an apparatus for performing three-dimensional printing wherein pressurized air pushes a piston that in turn pushes print material out of the cartridge barrel wherein the pressurized air enters the cartridge barrel and the pneumatic piston (CONTRACTOR Paragraph 21). The Office further notes that it is well known in the art that ensuring that a 3D printing process occurs within an inert environment is advantageous for reducing and preventing the entry of moisture into the system as evidenced by Paragraph 503 of MATZNER (US 20180029291 A1). As such, it would have been obvious to one of ordinary skill in the art to have used shielding gas instead of air such as to ensure that the printing environment remains inert.
Regarding claim 9, Varnon teaches the feeding device (1) according to claim 1, comprising:
an ejection device (222) (waste drawer or bin 68) for the positioning sleeve (300, 302), which is arranged to dispose the positioning sleeve (300, 302) from the guide unit (200) and/or the feeding device (1) (Figure 4 Paragraph 75, after all the material has been delivered to the dispensing device the indexer barrel rotates and ejects the sealed cartridge into a waste drawer or bin 68),
- wherein the guide unit (200) comprises an ejection opening (230) (Figure 4 Paragraph 75, indexer barrel contains an opening from which the cartridge is ejected; Figure 4 Paragraph 75, waste drawer or bin 68; see 112b rejection above for “and/or”), and/or
- wherein the ejection device comprises a spring (222) arranged and configured to move, in particular to push, the positioning sleeve (300, 302) out of the ejection opening (230) (the Office further notes that spring-based ejection systems for cartridges are known in the art as evidenced by Noorazar (US 20180290365 A1)).
Regarding claim 15, Varnon (US 20030063138 A1) teaches a processing unit (2), in particular handling unit and/or milling machine and/or for deposition welding (Paragraph 40, computer controller utilizes the pattern data to produce the appropriate control command for the apparatus 10), comprising
the feeding device (1) according to claim 1 (see claim 1 above).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varnon (US 20030063138 A1) as applied to claim 1 above, and further in view of Teal (US 20070090568 A1).
Regarding claim 3, Varnon teaches the feeding device (1) according to claim 1, wherein
- the receiving unit (100) is arranged to receive two or more positioning sleeves (300, 302) each with a welding filler element (310) (Figure 4, at least two containers 42 are arranged such as to be received by the indexer 44; Paragraph 59, hopper 16 receives at least two cartridges), and
- the two or more positioning sleeves (300, 302) can be arranged circumferentially, in particular in a first direction, next to one another in the receiving unit (100) (Paragraph 74, magazine 16 has a keyway 84 sized such as to allow containers to be inserted and stacked on top of one another within the keyway 84), and/or
- the two or more positioning sleeves (300, 302) can be arranged circumferentially next to one another in a second direction aligned essentially orthogonally to the first direction
The Office further notes that Paragraph 51 of Teal (US 20070090568 A1) teaches a clamped quantized feed system, wherein at least two cartridges are placed next to each other in a second direction orthogonal to a first direction and thus it would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Varnon with Teal and have the at least two or more positioning sleeves be capable of being arranged in a second direction orthogonally to a first direction to facilitate placing a heater adjacent to the orthogonal placement for softening the material within the cartridges (Teal Paragraph 51).
Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varnon (US 20030063138 A1) as applied to claim 1 above, and further in view of Din (US 9073366 B1).
Regarding claim 6, Varnon teaches the feeding device (1) according to claim 5, wherein
- a device for applying force is couplable to a proximal end of the welding filler element (310) and/or the positioning sleeve (300, 302) (Paragraph 59, extrusion bar is biased axially along a shaft 54 by a feed motor 52).
Varnon fails to explicitly teach:
- the moving unit (212) comprises a piston (214)
Din (US 9073366 B1) teaches a rotational printing head module having multi-cartridges, wherein:
- the moving unit (212) comprises a piston (214) (Figure 3 Column 3 Lines 49-52, first piston 180 is configured to slide along an extension axis of the printing cartridge 120 and drive the printing cartridge to move from the initial position P1 toward the printing position P2 wherein the second piston contacts surface level of the modeling material of the cartridge)
- the piston (214) is couplable to a proximal end of the welding filler element (310) and/or the positioning sleeve (300, 302) (Column 4 Lines 1-4, bracket 110 include a plurality of aligner holders for detachable holding and locking the cartridges in the through holes; Column 3 Lines 56-60, first piston 180 to drive the cartridge 120 rotated to the location to move from the initial position P1 toward the printing position P2; Figure 1 Column 3 Lines 34-41, piston 180 is a part of the printing head module 100 which is coupled to the aligner holder 114 such that the piston is coupled to one end of the cartridges since the alignment holders lock the cartridges in the through holes)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Varnon with Din and used a piston to move the cartridge from an initial position toward a printing position as well as pushing the material out of the cartridge. This would have been done avoid interference and smearing of printing objects during the 3D printing process when not intended to be used for outputting material (Din Column 4 Lines 30-43) while also allowing for different types of materials to be implemented in a single process (Din Column 2 Lines 10-14).
The Office further notes that the MEPE teaches that the use of one-piece construction instead of a separate structure would be merely a matter of obvious engineer choice. MPEP §2144.04.V.B. In this case, having the piston be couplable to a proximal end of the welding filler element would merely be a matter of obvious engineering choice.
Regarding claim 11, Varnon teaches the feeding device (1) according to claim 1, comprising:
a control device (5) (Paragraph 53, computer controller)
- the welding filler element (310) and/or the positioning sleeve (300, 302) is moved from the coupling area (208) to the working area (206) (Paragraphs 59-60, mechanical indexer 44 is arranged such as to deliver build material to the filter 48 by rotating the cartridge to align with the filter), and
- the welding filler element (310) is moved out at a distal end of the guide unit (200), relative to a distal end of the positioning sleeve (300, 302) (Figure 5 Paragraph 72, syringe portion of the container 42 has a small opening at one end for dispensing the material).
While Varnon does not explicitly teach of “a control device (5) arranged to control the moving unit”, Din (US 9073366 B1) teaches the use of a control unit to control the rotation of a bracket and piston such as to drive a cartridge of a 3D printing head to a printing position. Thus, it would have been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Varnon with Din and used a control unit to control the moving unit. This would have been done to automatically perform the moving without need of an operator to do so. The Office further notes that the MPEP teaches that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. MPEP §2144.04.VI.B. In this case, having the moving device be automatically controlled is not disguisable over the prior art especially in view of Paragraph 59 of Varnon which acknowledges that one of ordinary skill in the art may find it desirable to automate a manual task for the apparatus and thus one of ordinary skill in the art would find automating other tasks within the apparatus, such as the movement of the moving unit, to be obvious.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varnon (US 20030063138 A1) in view of Din (US 9073366 B1) as applied to claim 6 above, and further in view of CONTRACTOR (US 20170259482 A1).
Regarding claim 8, Varnon as modified teaches the feeding device (1) according to claim 6, wherein
- the welding filler element (310) is moved out of a distal end of the guide unit (200) and/or the positioning sleeve (300, 302), in particular continuously, pushed out (Paragraph 59, extrusion bar 46 applies force to the cartridge to remove the build material from the cartridge through an orifice into a filter which then is delivered to the dispensing device 14)
Varnon fails to explicitly teach:
- the moving unit (212) comprises a fluid supply (224) arranged and configured to supply a fluid to the proximal end of the welding filler element (310) and/or the positioning sleeve (300, 302) such that the welding filler element (310) is moved out of a distal end of the guide unit (200) and/or the positioning sleeve (300, 302), in particular continuously, pressed out, and
- the piston (214) comprises a fluid channel (226), a first piston end of which is coupled to the fluid supply (224) and a second piston end of which is coupled to the positioning sleeve (300, 302), wherein the second piston end can be brought into fluidic contact with the welding filler element (310)
CONTRACTOR (US 20170259482 A1) teaches an apparatus for performing three-dimensional printing, comprising:
- the moving unit (212) comprises a fluid supply (224) (Paragraph 19, air intake 21) arranged and configured to supply a fluid to the proximal end of the welding filler element (310) and/or the positioning sleeve (300, 302) (Paragraph 21, pressurized air is sent into the cartridge barrel 24) such that the welding filler element (310) is moved out of a distal end of the guide unit (200) and/or the positioning sleeve (300, 302), in particular continuously, pressed out (Paragraph 21, pressurized air pushes a piston that in turns pushes print material out of the cartridge barrel 24 wherein the pressurized air enters the cartridge barrel and the pneumatic piston), and
- the piston (214) comprises a fluid channel (226), a first piston end of which is coupled to the fluid supply (224) and a second piston end of which is coupled to the positioning sleeve (300, 302), wherein the second piston end can be brought into fluidic contact with the welding filler element (310) (Paragraphs 21-22, pressurized air enters the pneumatic piston 27 at the first end of the piston such as to such as to activate said pneumatic piston wherein a plunger 29 at the other end of the piston is in contact with the print material such as to push the material out of the nozzle)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Varnon with CONTRACTOR and used a fluid to push the welding filler element out of the positioning sleeve. This would have been done to control out of material exits the barrel while also preventing any unwanted dripping of print material through the nozzle (CONTRACTOR Paragraph 26).
Claim(s) 12-13 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varnon (US 20030063138 A1).
Regarding claim 12, Varnon teaches the feeding device (1) according to claim 1, wherein the positioning sleeve (300, 302) (Figure 5, container 42 comprising a syringe portion 62 and plunger portion 64) is arranged to receive the welding filler element (310) (Paragraph 46, discrete amounts of build material are provided in containers), and extends from a distal end (312) to a proximal end (314) (Figure 5, syringe portion 62 of the container 42 extends from an opening 70 to a flange 72 and further to a sealing end 76), wherein the sleeve cavity (316) extends from the distal end (312) to the proximal end (314) for arranging the welding filler element (310) (Figure 5, syringe portion 62 of the container 42 extends from an opening 70 to a flange 72 and further to a sealing end 76), wherein the distal end (312) is configured such that the welding filler element (310) can be moved out (Figure 5 Paragraph 72, syringe portion of the container 42 has a small opening at one end for dispensing the material).
Regarding claim 13, Varnon teaches the positioning sleeve (300, 302) according to claim 12, comprising
- coupling portion adjacent the proximal end (314) for coupling the positioning sleeve (300, 302) to a coupling member, the coupling portion having a groove (318) and/or a collar (320) (Figure 5 Paragraphs 72-75, extrusion bar 46 pushes against the collar of sealing end 76; Paragraph 72, protruding tip 82 and piston end 74 are used to push the material out of small opening 70).
Regarding claim 16, Varnon (US 20030063138 A1) teaches a method for deposition welding (Paragraph 2, solid freeform fabrication), in particular wire-based deposition welding (Paragraph 47, shape of the discrete amounts of build material may be cylindrical in shape), comprising the steps of:
- feeding a welding filler element (310), in particular a wire-shaped and/or rod-shaped welding filler element (310) (Paragraph 47, shape of the discrete amounts of build material may be cylindrical in shape which would be obvious to use with the cartridges; the Office further notes that supplying rod shaped filament from cartridges is known in the art as evidenced by Paragraph 26 of MARK (US 20150314531 A1)), from a receiving unit (100) to a guide unit (200) (Paragraphs 59-60, mechanical indexer 44 is arranged such as to deliver build material to the filter 48 wherein the mechanical indexer 44 must rotate and receive a new cartridge after finishing a cartridge);
- providing the welding filler element (310) for deposition welding (Paragraph 59, extrusion bar 46 applies the force to expel the build material wherein the material within the containers 42 passes through the filter 48); and
- deposition welding with the welding filler element (310) (Paragraph 2, invention for solid freeform fabrication; Paragraphs 62-65, solid freeform fabrication apparatus wherein the build material is melted from a solid to a flowable state and then deposited such as to add said material to the object; Paragraph 36, invention is applicable to all solid freeform fabrication techniques and objects made therefrom and can be implemented with any SFF technique utilize a wide variety of build materials; deposition welding is well known in the art to be a technique within solid freeform fabrication).
The Office further notes that that deposition welding is well known in the art to be a technique which can be used in solid freeform fabrication as evidenced by STRUKSNES (US 20180009052 A1)
Regarding claim 17, Varnon (US 20030063138 A1) teaches the method according to claim 16, wherein the welding filler element (310) is arranged in a positioning sleeve (300, 302) (Figure 5, container 42 comprising a syringe portion 62 and plunger portion 64; Paragraph 46, discrete amounts of build material are provided in containers), the method comprising the steps of:
- feeding the positioning sleeve (300, 302) from the receiving unit (100) to the guide unit (200) (Paragraphs 59-60, mechanical indexer 44 is arranged such as to deliver build material to the filter 48 wherein the mechanical indexer 44 must rotate and receive a new cartridge after finishing a cartridge);
- moving the positioning sleeve (300, 302) from a coupling area (208) to a working area (206) (Paragraph 59, extrusion bar 46 applies force to the cartridge to remove the build material from the cartridge through an orifice into a filter which then is delivered to the dispensing device 14);
- moving the welding filler element (310) relative to the positioning sleeve (300, 302), in particular moving the welding filler element (310) out of a distal end of the positioning sleeve (300, 302) (Paragraph 59, extrusion bar is biased axially along a shaft 54 by a feed motor 52; Figure 5 Paragraph 72, syringe portion of the container 42 has a small opening at one end for dispensing the material), and
- moving the positioning sleeve (300, 302) to an ejection region (210) and disposing the positioning sleeve (300, 302) (Figure 4 Paragraph 75, after all the material has been delivered to the dispensing device the indexer barrel rotates and ejects the sealed cartridge into a waste drawer or bin
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varnon (US 20030063138 A1) as applied to claim 1 above, and further in view of MARK (US 20150314531 A1).
Regarding claim 14, Varnon teaches the positioning sleeve (300, 302) according to claim 12,
wherein
a welding filler element (310), in particular a wire-shaped and/or rod-shaped welding filler element (310) (Paragraph 47, shape of the discrete amounts of build material may be cylindrical in shape), is arranged in the sleeve cavity (316) (Paragraph 46, discrete amounts of build material are provided in containers),
While Varnon fails to explicitly teach “wherein the sleeve cavity (316) and the welding filler element (310) are arranged such that in the radial direction of the sleeve cavity (316) there is a clearance fit between an inner circumferential surface of the positioning sleeve (300, 302) and an outer circumferential surface of the welding filler element (310)”, MARK (US 20150314531 A1) teaches that the use of clearance fits is beneficial when using prepared cartridges of wire shaped filament used in three dimensional printing for the purpose of preventing buckling as the filament as it is pushed and fed (MARK Paragraph 125). Thus, it would have been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Varnon with MARK and have the rod-shaped welding filler material be positioned within the sleeve cavity with clearance. This would have been done to prevent buckling of the filament as it is pushed and fed (MARK Paragraph 125).
Allowable Subject Matter
Claim 10 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/F.J.W./Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
1 Although Varnon does not explicitly show a melt pool, the device would be fully capable of delivering the material to a melt pool. Furthermore, the Office notes that the delivery of powder to a melt pool of an additive manufacturing device is well known in the art as evidenced by Paragraph 17 of KEICHER (US 20010008230 A1).