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 .
Information Disclosure Statement
On the 24 page IDS the Examiner notated that item 24 US Patent 9919474 was withdrawn and lined through. However, this was in error and the withdrawn patent is item 26, US Patent 9744592. This patent is not found in the USPTO Search database, the EPO database, but can be found through a search engine query and on the WIPO database. A newly annotated IDS is also provided herewith.
Claim Rejections - 35 USC § 112
Amending the dependency of claim 7 overcomes the previous rejections under this heading.
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.
Claims 1-4, 6, 16, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin et al (U.S. Patent 10,343,725; herein Martin, already of record). Regarding claim 1, Martin teaches:
A supply receptacle defining one or more supply receptacle sidewalls and an upwardly-facing receptacle opening (the volume where 92 is pointing to in Figure 4)
A piston positioned at least partially within the supply receptacle (Figure 4, piston 90)
The piston, the upwardly-facing receptacle opening, and the one or more supply receptacle sidewalls at least partially define an interior space of the supply receptacle (As seen in Figure 4)
The piston is positionable between an extended position, in which the interior space has an extended volume, and a retracted position, in which the interior space has a retracted volume that is greater than the extended volume (the piston 90 moves as indicated by arrow 94, column 5, lines 45-48, and would act as claimed)
A dosing hopper positioned above and in selective communication with the interior space of the supply receptacle, wherein the dosing hopper is structurally configured to deliver build material to the interior space (the left side portion of supply hopper 72 that feeds into the previously discussed interior space. The hopper of Martin is in selective communication, since it was selected to be that size, shape, and design to be in communication with the interior space)
Regarding claim 2, Martin teaches:
Wherein the piston defines a delivery surface and one or more piston perimeter surfaces that are oriented transverse to the delivery surface (As seen in Figure 4, the piston 90 has such surfaces)
Regarding claim 3, Martin teaches:
Wherein the one or more piston perimeter surfaces at least partially obstructs communication between the dosing hopper and the interior space when the piston is positioned in the extended position (The sides of the piston 90 act as claimed, either as preventing powder from going under the piston, or by extending up to obstruct the flow of powder from the left hand supply. Under the piston is still part of the interior space, and the walls/sides of the platform/piston obstruct as claimed)
Regarding claim 4, Martin teaches:
Further comprising a supply chute positioned between the dosing hopper and the supply receptacle (See annotated Figure 4 below)
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Regarding claim 6, Martin teaches:
Wherein the supply chute defines one or more supply chute sidewalls that are oriented transverse to the one or more supply receptacle sidewalls (As seen in Figure 4, the sidewalls of the chute are 90° to the sidewalls of the receptacle)
Regarding claim 16, Martin teaches:
Further comprising a contaminant receptacle positioned along a working surface (Figure 4, surplus hopper 74 with excess powder 96)
Regarding claim 17, Martin teaches:
Wherein the contaminant receptacle is positioned along the working surface such that the upwardly-facing receptacle opening of the supply receptacle is positioned between the contaminant receptacle and the dosing hopper (As seen in Figure 4, the receptacle opening is between the supply hopper on the far left and the surplus hopper on the far right)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Martin, in view of Tjellesen et al (U.S. PGPub 2020/0324467; herein Tjellesen, already of record). Regarding claim 7, Martin is silent to:
Wherein the one or more supply chute sidewalls and the one or more supply receptacle sidewalls define an intersection angle at an angle between about 30° and about 75°
In the same field of endeavor Tjellesen teaches a supply chute at a non perpendicular angle (See Figure 8, powder from 110 enters the slanted channel back into 115).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use such an angle, since it has been held that configuration of a known structure is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant (MPEP 2144.04 IV B), since in this instance the function remains the same. Additionally, It has been shown that a person of ordinary skill has good reason to pursue the known options in their art. If this leads to an anticipated success, it is likely that it was not due to innovation but of ordinary skill and common sense. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this instance a skilled artisan would be able to determine how to move powder from point A to point B when the art shows various possible angle for accomplishing the same result.
Regarding claim 11, Martin is silent to:
Further comprising an excess return in selective communication with the interior space
In the same field of endeavor Tjellesen teaches a return tube 220B that returns excess powder back to the powder supply (As seen in Figures 2 and 8). Tjellesen also teaches that excess powder can be returned via outlet 102 and tube 150 as seen in Figure 2 and 8, paragraph 0042.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use such a return, since it helps recycle the powder (Tjellesen, paragraphs 0042 and 0083)
Regarding claim 12, Tjellesen further teaches for the same reasons:
Wherein the excess return further comprises an upwardly-facing return opening that is positioned between the upwardly-facing receptacle opening and the dosing hopper along a working surface (As seen in Figure 8, the excess going into 102 is an upward facing receptacle between a hopper and supply)
Regarding claim 13:
Wherein the excess return defines one or more return sidewalls that define an intersection angle with the one or more supply receptacle sidewalls at an angle between about 30° and about 75°
Tjellesen is silent to the angle. However, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to use such an angle, since it has been held that configuration of a known structure is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant (MPEP 2144.04 IV B), since in this instance the function remains the same. Additionally, It has been shown that a person of ordinary skill has good reason to pursue the known options in their art. If this leads to an anticipated success, it is likely that it was not due to innovation but of ordinary skill and common sense. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this instance a skilled artisan would be able to determine how to move powder from point A to point B when the art shows various possible angle for accomplishing the same result.
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Martin, in view of Kelkar et al (U.S. PGPub 2019/0060998; herein Kelkar). Regarding claim 10, Martin is silent to:
Further comprising one or more heating elements structurally configured to apply thermal energy to build material positioned in at least one of the dosing hopper and a supply chute positioned between the dosing hopper and the interior space
In the same field of endeavor, Kelkar teaches heaters 308 for hopper 327 in Figure 3A, paragraph 0042.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use such heaters, since it preheats the powder.
Regarding claim 19, Martin is silent to:
Further comprising an agitation device engaged with at least one of the dosing hopper and a supply chute positioned between the dosing hopper and the interior space, wherein the agitation device is structurally configured to agitate build material within the at least one of the dosing hopper and the supply chute
In the same field of endeavor, Kelkar teaches ultrasonic transducer 326 for use on the hopper (paragraph 0049).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the ultrasonic transducer, since it helps control movement of the powder.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Martin, in view of Diosdado Borrego et al (U.S. PGPub 2023/0052382; herein DB). Regarding claim 18, Martin is silent to:
Wherein the contaminant receptacle comprises an upwardly-facing trap door that is positionable between a closed position, in which access to the contaminant receptacle is restricted, and an open position, in which defective material is movable into the contaminant receptacle
In the same field of endeavor DB teaches a door to allow excess material removal via outlet 103, paragraph 0017.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use a door for the excess material removal in Martin, as shown in DB, since it allows for controlled removal of such powder.
Claim 118 is rejected under 35 U.S.C. 103 as being unpatentable over Martin, in view of Dugan et al (US Patent 9486962). Regarding claim 118, Martin is silent to:
Further comprising a gate valve positioned between the dosing hopper and the interior space of the supply receptacle, the dosing hopper in selective communication with the interior space through the gate valve
In the same field of endeavor Dugan teaches a controllable gate 44 between a hopper and the side the hopper dispenses to (Figures 3A/3B).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the controllable gate of Dugan, since it allows for controlling the amount of powder which exits the hopper (Dugan: column 5, lines 21-24).
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
The Applicant argues that Martin does not teach that the hopper is in selective communication with the space. The Examiner disagrees. The phrase is broad, and the hopper of Martin is in selective communication, since it was selected to be that size, shape, and design to be in communication with the interior space.
The Applicant argues that Martin does not teach claim 3. The Examiner disagrees. Under the piston is still part of the interior space, and the walls/sides of the platform/piston obstruct as claimed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J KENNEDY whose telephone number is (571)270-7068. The examiner can normally be reached Mon-Fri 8am-5pm..
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/TIMOTHY KENNEDY/Primary Examiner, Art Unit 1743
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