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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-8 and 17-20) in the reply filed on 3/17/2026 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
i) “a drive unit configured to drive the laser head” in claim 1;
ii) “a recognition unit configured to recognize a height of the workpiece” in claim 1;
iii) “an estimation unit configured to estimate a surface shape of the N-th layer of the workpiece” in claim 1;
iv) “a control unit configured to control the laser head and the drive unit” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
i) paras.[0055]-[0060] discloses “Drive unit 240 is a mechanism for driving various mechanisms in additive processing machine 200. The device configuration of drive unit 240 may be in any device configuration. Drive unit 240 may be constituted by a single drive unit or multiple drive units. In the example in FIG. 6 , drive unit 240 is constituted by servo drivers 241A to 241D, servo motors 242A to 242D, and encoders 243A to 243D. Servo driver 241A sequentially receives input of a target rotational speed (or a target position) from CNC device 200A, controls servo motor 242A such that servo motor 242A rotates at the target rotational speed, and drives first slide mechanism 214 in a Y-axis direction. More specifically, servo driver 241A calculates an actual rotational speed (or an actual position) of servo motor 242A based on a feedback signal of encoder 243A, and raises the rotational speed of servo motor 242A when the actual rotational speed is lower than the target rotational speed, and lowers the rotational speed of servo motor 242A when the actual rotational speed is higher than the target rotational speed. In this manner, servo driver 241A brings the rotational speed of servo motor 242A closer to the target rotational speed while sequentially receiving the feedback on the rotational speed of servo motor 242A. Servo driver 241A moves first slide mechanism 214 in the Y-axis direction, to move laser head 231 mounted on spindle 224 to an appropriate position in the Y-axis direction. With similar motor control of servo driver 241A, servo driver 241B moves, in accordance with a control command from CNC device 200A, second slide mechanism 215 in the X-axis direction, to move laser head 231 mounted on spindle 224 to an appropriate position in the X-axis direction. With similar motor control of servo driver 241A, servo driver 241C moves, in accordance with a control command from CNC device 200A, subtractive processing head 216 in the Z-axis direction, to move laser head 231 mounted on spindle 224 to an appropriate position in the Z-axis direction. With similar motor control of servo driver 241A, servo driver 241D controls a rotational speed of spindle 224 in accordance with a control command from CNC device 200A.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 1 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.
Claim limitations
“a recognition unit configured to recognize a height of the workpiece” in claim 1;
“an estimation unit configured to estimate a surface shape of the N-th layer of the workpiece” in claim 1;
““a control unit configured to control the laser head and the drive unit” in claim 1
invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-8 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurami (WO 2022018853) (cited in IDS).
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Regarding claim 1, Kurami teaches an additive processing device (manufacturing system 100) that models a workpiece by melting a supplied powder material and forming layers of the melted powder material, the additive processing device comprising:
a laser head (processing head 21) configured to supply the powder material to the workpiece and irradiate the workpiece with a laser beam (See para.[0025] “The molding material M is a powder or granular material.”);
a drive unit (head drive system 22) configured to drive the laser head (see para.[0038] “The head drive system 22 moves the head housing 213 along, for example, the X axis, Y axis, Z axis, θX direction, θY direction, and θZ direction, at least one of these directions.”);
a recognition unit (measuring device 7and measuring light emitters 71) configured to recognize a height of the workpiece in a laminating direction at a plurality of locations while the laser head is forming a predetermined N-th layer (N being a natural number) of the workpiece (See para.[0048] and [0050] “the measuring device 7 is capable of measuring the position (so-called height) of the surface of the object to be measured in the Z-axis direction.” “the measuring device 7 may include a measuring device that irradiates the object to be measured with measurement light via an irradiation optical system 211 for irradiating the workpiece W with processing light EL, and detects (i.e., receives) the reflected light (for example, at least one of reflected light and scattered light) from the object to be measured via the irradiation optical system 211, thereby measuring the object to be measured.”);
an estimation unit (measuring device 7and imaging device 72) configured to estimate a surface shape of the N-th layer of the workpiece based on the recognized heights at the plurality of locations (See para.[0052] “the image showing the state (especially the positional relationship) of multiple spots captured by the imaging device 72 includes information about the position (height) of the surface of the object being measured.); and
a control unit (control device 8) configured to control the laser head and the drive unit (See para.[0055] “the control device 8 may control the movement of the machining head 21 by the head drive system 22.”),
wherein the control unit recognizes, based on the estimated surface shape, a low location at which the height of the workpiece in the laminating direction is lower than at another location, and sets a stacking amount higher at the low location than at the other location in modeling of a N±1-th layer (See para.[0052] “Therefore, the control device 8 can calculate the surface height of the object to be measured based on the image captured by the imaging device 72. For example, the control device 8 may calculate the height of the object to be measured based on the image captured by the imaging device 72. In this case, the image showing the state of multiple spots captured by the imaging device 72 may be considered to contain information about the position (height) of the object to be measured. For example, the control device 8 may calculate the ideal height of the object to be measured (for example, the height of the reference surface CS#1) based on the image captured by the imaging device 72. In this case, the image showing the state of multiple spots captured by the imaging device 72 may be considered to contain information about the ideal height of the object to be measured.”).
Regarding claim 2-4, Kurami teaches wherein based on the surface shape of the N-th layer of the workpiece, the control unit recognizes, a location as the low location at which the height of the workpiece has not reached a predetermined target height; a location as the other location at which the height of the workpiece has reached the predetermined target height; the control unit performs control such that stacking is not performed at the other location in formation of the N+1-th layer of the workpiece (see fig.7 and para.[0056]-[0063] “under the control of the control device 8, the processing system SYSa forms structural layer SL#2 on structural layer SL#1 in the same manner as the operation of forming structural layer SL#1, based on recipe information corresponding to structural layer SL#2. As a result, structural layer SL#2 is formed, as shown in Figure 7(b). From this point onward, the same operation is repeated until all the structural layers SL that constitute the three-dimensional structure ST to be formed on the workpiece W are formed. As a result, as shown in Figure 7(c), a three-dimensional structure ST is formed by a laminated structure in which multiple structural layers SL are stacked.” Hence, control device 8 recognizes the height of the workpiece and control the operation of the additive processing device to shape the three-dimensional structure ST on the workpiece base on the 3D model data. In other words, control device 8 determine which location of the workpiece reach to the target height and which location does not reach to the target height, and apply the additive processing to the location does not reach to the target height and not apply to the location reach to the target height.)
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Regarding claim 5, Kurami teaches the estimation unit recognizes the surface shape of the N-th layer of the workpiece by interpolating a height between adjacent locations among the plurality of locations, based on the heights at the plurality of locations (see para.[0052] “the image showing the state (especially the positional relationship) of multiple spots captured by the imaging device 72 includes information about the position (height) of the surface of the object being measured. Therefore, the control device 8 can calculate the surface height of the object to be measured based on the image captured by the imaging device 72. For example, the control device 8 may calculate the height of the object to be measured based on the image captured by the imaging device 72. In this case, the image showing the state of multiple spots captured by the imaging device 72 may be considered to contain information about the position (height) of the object to be measured. For example, the control device 8 may calculate the ideal height of the object to be measured (for example, the height of the reference surface CS#1) based on the image captured by the imaging device 72. In this case, the image showing the state of multiple spots captured by the imaging device 72 may be considered to contain information about the ideal height of the object to be measured.”).
Regarding claim 6-8, Kurami teaches wherein control of the stacking amount includes control of a supply amount of the powder material; wherein control of the stacking amount includes control of a speed of the laser head; wherein control of the stacking amount includes control of a number of layers in the workpiece (See para.[0055] “the control device 8 may control the movement of the machining head 21 by the head drive system 22. Furthermore, the control device 8 may control the movement of the material nozzle 212 by the nozzle drive system 23. The control device 8 may also control the movement of the stage 31 by the stage drive system 32. The mode of movement may include, for example, at least one of the amount of movement, speed of movement, direction of movement, and timing of movement (time of movement). Furthermore, the control device 8 may control the manner in which the molding material M is supplied by the material nozzle 212. The supply method may include, for example, at least one of the supply quantity (particularly the supply quantity per unit time) and the supply timing (the time of supply).”).
Regarding claim 17, Kurami teaches a computer-readable recording medium storing a control program for an additive processing device that models a workpiece by melting a supplied powder material and forming layers of the melted powder material,
the additive processing device (manufacturing system 100) including:
a laser head (processing head 21) configured to supply the powder material to the workpiece and irradiate the workpiece with a laser beam (See para.[0025] “The molding material M is a powder or granular material.”); and
a drive unit (head drive system 22) configured to drive the laser head (see para.[0038] “The head drive system 22 moves the head housing 213 along, for example, the X axis, Y axis, Z axis, θX direction, θY direction, and θZ direction, at least one of these directions.”),
the control program causing the additive processing device to execute:
recognizing a height of the workpiece in a laminating direction at a plurality of locations while the laser head is forming a predetermined N-th layer (N being a natural number) of the workpiece (See para.[0048] and [0050] “the measuring device 7 is capable of measuring the position (so-called height) of the surface of the object to be measured in the Z-axis direction.” “the measuring device 7 may include a measuring device that irradiates the object to be measured with measurement light via an irradiation optical system 211 for irradiating the workpiece W with processing light EL, and detects (i.e., receives) the reflected light (for example, at least one of reflected light and scattered light) from the object to be measured via the irradiation optical system 211, thereby measuring the object to be measured.”);
estimating a surface shape of the N-th layer of the workpiece based on the recognized heights at the plurality of locations (See para.[0052] “the image showing the state (especially the positional relationship) of multiple spots captured by the imaging device 72 includes information about the position (height) of the surface of the object being measured.); and
controlling the laser head and the drive unit (See para.[0055] “the control device 8 may control the movement of the machining head 21 by the head drive system 22.”),
wherein the controlling includes recognizing, based on the estimated surface shape, a low location at which the height of the workpiece in the laminating direction is lower than at another location, and setting a stacking amount higher at the low location than at the other location in modeling of a N+1-th layer (See para.[0052] “Therefore, the control device 8 can calculate the surface height of the object to be measured based on the image captured by the imaging device 72. For example, the control device 8 may calculate the height of the object to be measured based on the image captured by the imaging device 72. In this case, the image showing the state of multiple spots captured by the imaging device 72 may be considered to contain information about the position (height) of the object to be measured. For example, the control device 8 may calculate the ideal height of the object to be measured (for example, the height of the reference surface CS#1) based on the image captured by the imaging device 72. In this case, the image showing the state of multiple spots captured by the imaging device 72 may be considered to contain information about the ideal height of the object to be measured.”).
Regarding claim 18-20, Kurami teaches wherein the controlling includes recognizing, as the low location, a location at which the height of the workpiece has not reached a predetermined target height, based on the surface shape of the N-th layer of the workpiece; wherein based on the surface shape of the N-th layer of the workpiece, the controlling includes recognizing, as the other location, a location at which the height of the workpiece has reached the predetermined target height; wherein the controlling includes performing control such that stacking is not performed at the other location in formation of the N+1-th layer of the workpiece (see fig.7 and para.[0056]-[0063] “under the control of the control device 8, the processing system SYSa forms structural layer SL#2 on structural layer SL#1 in the same manner as the operation of forming structural layer SL#1, based on recipe information corresponding to structural layer SL#2. As a result, structural layer SL#2 is formed, as shown in Figure 7(b). From this point onward, the same operation is repeated until all the structural layers SL that constitute the three-dimensional structure ST to be formed on the workpiece W are formed. As a result, as shown in Figure 7(c), a three-dimensional structure ST is formed by a laminated structure in which multiple structural layers SL are stacked.” Hence, control device 8 recognizes the height of the workpiece and control the operation of the additive processing device to shape the three-dimensional structure ST on the workpiece base on the 3D model data. In other words, control device 8 determine which location of the workpiece reach to the target height and which location does not reach to the target height, and apply the additive processing to the location does not reach to the target height and not apply to the location reach to the target height.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
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/CHRIS Q LIU/ Primary Examiner, Art Unit 3761