Prosecution Insights
Last updated: April 19, 2026
Application No. 18/144,381

PROCESS CONTROL SYSTEMS AND METHODS USING A SOLID-STATE ADDITIVE MANUFACTURING SYSTEM AND CONTINUOUS FEEDING SYSTEMS AND STRUCTURES

Final Rejection §103§DP
Filed
May 08, 2023
Examiner
ROBINSON, MICHAEL
Art Unit
1744
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Meld Manufacturing Corporation
OA Round
2 (Final)
61%
Grant Probability
Moderate
3-4
OA Rounds
3y 1m
To Grant
82%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allow Rate
254 granted / 415 resolved
-3.8% vs TC avg
Strong +21% interview lift
Without
With
+21.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
39 currently pending
Career history
454
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 415 resolved cases

Office Action

§103 §DP
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 11/05/2025 have been fully considered but they are not persuasive. Regarding the Double Patenting rejection, Applicant argues that the newly recited claim language “configured to feed the solid wire material” differentiates from the “solid filler material” of US Pat. 11,642,838. Examiner does not find this persuasive. Examiner notes that any apparatus capable of receiving a solid wire material or solid powder meets the claim. The claim is directed to an apparatus and not the material worked upon, see MPEP § 2115. Therefore, the claims are not patentably distinct. Regarding the prior art rejection, Applicant argues that the newly recited claim language “configured to feed the solid wire material” is not met by Schultz as modified below. Examiner does not find this persuasive. Schultz teaches that consumable feed materials can be 1) the matrix metal and reinforcement powders or 2) a solid rod of matrix can be bored, para. [0054]. Examiner notes that the apparatus of Schultz is capable of receiving a solid wire material or a solid rod that is bored, and meets the claim. The claim is directed to an apparatus and not the material worked upon, see MPEP § 2115. Regarding claim 41, Applicant states that “Creehan is not listed on the PTO-892 form”. Examiner notes that US 2012/0279442 A1 Creehan et al. is cited on PTO-892 line A that was mailed on 4/21/2022 in the parent US application 17/016517. As stated in MPEP 609.02(II) the references of record in the parent application are considered in the child application. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “shoulder” of claim 43 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 24, 33, and 36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 6 of U.S. Patent No. 11,642,838 B2. Although the claims at issue are not identical, they are not patentably distinct from each other. Claim 24 of the present application encompasses claim 1 of the referenced patent. Regarding claim 24, reference patent meets the claimed a system (claim 1, line 1) to control printing of a solid wire material onto a surface of a workpiece using a solid-state additive manufacturing system, (lines 2-3) the system comprising a solid material feeding system; (configured to receive solid filler material, line 4) tooling configured to receive the solid wire material from the solid material feeding system (lines 5-6) and print the solid wire material onto the surface of the workpiece to provide printed solid wire material with a selected microstructure on the surface of the workpiece, (lines 5-8) wherein the tooling is configured to provide a downward force to the printed solid wire material during printing of the solid wire material onto the surface of the workpiece; and (lines 10-13) a controller (line 16) provided by the tooling to print the solid wire material from the tooling onto the surface of the workpiece as plasticly deformed solid wire material ( lines 16-20) wherein the controller is configured to receive a first process variable from the tooling to control the downward force, electrically coupled to the tooling to control the selected microstructure of the solid wire material printed onto the surface of the workpiece.( second process variable to control the provided downward force from the spindle, lines 25-30). Claim 33 of the present application encompasses claim 6 of the referenced patent. Claim 36 of the present application encompasses claim 2 of the referenced patent. 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) 24-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0216962 A1 Schultz et al. (hereinafter “Schultz”) in view of US 2021/0283846 A1 to Otis, JR. et al. (hereinafter “Otis”). Regarding claim 24, Schultz meets the claimed a system (apparatus Fig. 2B, [0057]) to control printing of a solid wire material onto a surface of a workpiece using a solid-state additive manufacturing system, the system comprising a solid material feeding system; (coating/filler material can be fed through the rotating spindle, see [0052]) configured to feed the solid wire material (consumable feed materials can be 1) the matrix metal and reinforcement powders or 2) a solid rod of matrix can be bored, [0054]. Examiner notes that the apparatus of Schultz is capable of receiving a solid wire material or a solid rod that is bored, and meets the claim. The claim is directed to an apparatus and not the material worked upon, see MPEP § 2115) tooling comprising a non-consumable body with a throat configured to receive the fed, solid wire material from the solid material feeding system (spindle member comprising a hollow interior for housing a coating material disposed therein prior to deposition on a substrate, [0011], Fig. 2B) and print the received, solid wire material onto the surface of the workpiece to provide printed solid wire material with a selected microstructure on the surface of the workpiece, (Schultz teaches building up a surface to obtain a substrate with a different thickness, [0014])) wherein the tooling is configured to rotate and provide a downward force to the printed solid wire material during printing of the solid filler material onto the surface of the workpiece; and (accomplished by pressing the coating material into the substrate surface with the downward force (force toward substrate) and rotating speed, [0080]) a controller (to provide an automated coating unit that can perform reproducibly over a wide range of process parameters and is capable of in-situ process monitoring. Consistent performance and the ability to monitor spindle speed, torque, and deposition temperature will afford the ability to detail the link between the process and the coating structure and properties, see [0099]) …provided by the tooling to print the solid filler material from the tooling onto the surface of the workpiece as plasticly deformed solid material. ( Schultz does not teach wherein the controller is configured to receive a first process variable from the tooling to control the downward force, electrically coupled to the tooling to control the selected microstructure of the solid filler material printed onto the surface of the workpiece. Otis teaches wherein the controller is configured to receive a first process variable from the tooling to control the downward force, electrically coupled to the tooling to control the selected microstructure of the solid filler material printed onto the surface of the workpiece. (Otis teaches the vessels, conveying systems, and associated equipment of the 3D printer 400 may include instrumentation such as pressure sensors and temperature sensors, [0052]. Otis further teaches weight sensors 720 to communicate with sensor interface 714 and build 744 and dispense functions 740 of the controller 700, Fig. 7, [0064]. Examiner notes the claimed “downward force” is met by the pressure and weight sensors of Otis.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to control the force vectors of the device of Dong as taught by Otis to make switching from one material to another is quick and relatively easy, see Otis [0016]. Regarding claim 25, Schultz as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to provide solid metal wire to the tooling. (Examiner notes that the type of material is considered the material worked upon by claimed apparatus, see MPEP 2115. Schultz teaches the form of the consumable material can be of any form or shape, such as solid, powder, composite, solid tubes filled with powder, to name a few, see [0047]. Thus, the apparatus of Schultz is capable of being used with solid wire materials). Regarding claim 26, Schultz as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured continuously feed the solid wire material to the tooling during printing of the solid wire material. (Schultz teaches allow for continuous or semi-continuous feeding or deposition of the coating material through the throat of the tool [0016] and it may be preferred to configure feed material with the same shape and/or a slightly smaller size in diameter, the form of the consumable material [0047]). Regarding claim 27, Schultz as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to provide aluminum wire to the tooling. (Examiner notes that the type of material is considered the material worked upon by claimed apparatus, see MPEP 2115. Schultz teaches the form of the consumable material can be of any form or shape, such as solid, powder, composite, solid tubes filled with powder, to name a few, see [0047]. Thus, the apparatus of Schultz is capable of being used with bar materials). Regarding claim 28, Schultz as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to feed the solid wire material as chopped wires (Examiner notes that the type of material is considered the material worked upon by claimed apparatus, see MPEP 2115. Schultz teaches the form of the consumable material can be of any form or shape, such as solid, powder, composite, solid tubes filled with powder, to name a few, see [0047]. Thus, the apparatus of Schultz is capable of being used with powder materials). Regarding claim 29, Schultz as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to provide solid wire through a feeding port. (Schultz depicts a “square throat” in Fig. 2A that allows Feed Stock to enter as shown Fig. 2B, which meets the claimed feeding port). Claim(s) 24-31, 34-37, 40, and 42-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0050418 to Dong et al. (hereinafter “Dong”) in view of US 2021/0283846 A1 to Otis, JR. et al. (hereinafter “Otis”). Regarding claim 24, Dong discloses a system (apparatus Fig. 1, [0057]) to control printing of a solid wire material onto a surface of a workpiece using a solid-state additive manufacturing system, (material feeding mechanism has a feeding material storage which can be filled with welding filling material [0009]) the system comprising a solid material feeding system configured to feed the solid wire material (material feeding mechanism is consisted with weld material storage (30), material feeding stepper motor (1), material feeding driving wheels (2), material feeding controller (28), [0063]) tooling comprising a non-consumable body with a throat configured to receive the solid wire material from the solid material feeding system (the left spindle (9), the right spindle (25), [0058], Fig. 1) and print the solid wire material onto the surface of the workpiece to provide printed solid wire material with a selected microstructure on the surface of the workpiece, (two friction stir pins work on the weld material at the same time can form a convex weld. Through cross section CAD planning, these convex welds can be straight or curve lines and used to form layers. [0057]) wherein the tooling is configured to provide a downward force to the printed solid wire material during printing of the solid wire material onto the surface of the workpiece; and (hammer (5) vibrates up and down along the axis of the power input shaft (19), and forges the newly welded filling material, [0059], the force along the axis of the power input shaft (19) pressure the filling materials firmly on the base board [0062]) a controller (control mechanism comprises with an industrial personal computer [0011]) electrically coupled to the tooling to control the selected microstructure of the solid wire material printed onto the surface of the workpiece , (the real-time FSW rotation control program to read the X-Y coordinates movement speed of the CNC or robot station through signal synchronizer, see [0065]) …provided by the tooling to print the solid wire material from the tooling onto the surface of the workpiece as plasticly deformed solid wire material. (The heat causes the materials to soften without melting…Through micro forging, the material in the plasticized area also cools down rapidly. The hammer (5) in the micro forging mechanism can take different shapes based on the need for different internal grains and external surface profiles of the final product, see [0062]). Dong does not teach wherein the controller is configured to receive a first process variable from the tooling to control the downward force. Otis teaches wherein the controller is configured to receive a first process variable from the tooling to control the downward force. (Otis teaches the vessels, conveying systems, and associated equipment of the 3D printer 400 may include instrumentation such as pressure sensors and temperature sensors, [0052]. Otis further teaches weight sensors 720 to communicate with sensor interface 714 and build 744 and dispense functions 740 of the controller 700, Fig. 7, [0064]. Examiner notes the claimed “downward force” is met by the pressure and weight sensors of Otis.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to control the force vectors of the device of Dong as taught by Otis to make switching from one material to another is quick and relatively easy, see Otis [0016]. Regarding claim 25, Dong as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to provide solid wire to the tooling. (Dong teaches solid alloy materials [0063] and depicts a wire material, Fig. 1). Regarding claim 26, Dong as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to provide solid rod to the tooling. (Examiner notes that the type of material is considered the material worked upon by claimed apparatus, see MPEP 2115. Dong teaches that the apparatus can handle a wide variety of materials, see [0020]. Thus, the apparatus of Dong is capable of being used with solid rod materials). Regarding claim 27, Dong as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to provide solid bar to the tooling. (Examiner notes that the type of material is considered the material worked upon by claimed apparatus, see MPEP 2115. Dong teaches that the apparatus can handle a wide variety of materials, see [0020]. Thus, the apparatus of Dong is capable of being used with solid bar materials). Regarding claim 28, Dong as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to provide solid powder to the tooling. (Examiner notes that the type of material is considered the material worked upon by claimed apparatus, see MPEP 2115. Dong teaches that the apparatus can handle a wide variety of materials, see [0020]. Mechanical properties can be improved through breaking up the coarse grain structure in the raw material and forming finer grains through recrystallization, [0059]. Thus, the apparatus of Dong is capable of being used with powder materials). Regarding claim 29, Dong as modified meets the claimed system of claim 24, wherein the solid material feeding system is configured to provide solid sheet to the tooling. (Examiner notes that the type of material is considered the material worked upon by claimed apparatus, see MPEP 2115. Dong teaches that the apparatus can handle a wide variety of materials, see [0020]. Thus, the apparatus of Dong is capable of being used with solid sheet materials). Regarding claim 30, Dong as modified meets the claimed system of claim 24, wherein the solid material feeding system comprises an actuator configured to feed the solid wire material into the tooling. (Dong teaches a material feeding driving wheels (2), material feeding controller (28), [0063]) Regarding claim 31, Dong as modified meets the claimed system of claim 24, wherein the controller is configured to receive and use a second process variable to control a wire flow rate of the solid wire material provided from the solid material feeding system to the tooling. (Dong teaches the Control mechanism controls the material feeding mechanism and the FSW rotation drive mechanism, see [0057]). Regarding claim 34, Dong as modified does not teach the claimed system of claim 24, wherein the solid material feeding system comprises two feeding ports to provide the solid material to the tooling. Otis teaches wherein the solid material feeding system comprises two feeding ports to provide the solid material to the tooling. (Otis teaches supply stations may include a new supply station 212 for the addition of new build material, and a recycle supply station 214 for the addition of recycled build material, see [0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the ports of Otis with the apparatus of Dong to make switching from one material to another is quick and relatively easy, see Otis [0016]. Regarding claim 35, Dong as modified does not teach the claimed system of claim 24, wherein the solid material feeding system comprises a plurality of individual feeding ports to provide the solid wire material to the tooling. Otis teaches wherein the solid material feeding system comprises a plurality of individual feeding ports to provide the solid wire material to the tooling. (Otis teaches supply stations may include a new supply station 212 for the addition of new build material, and a recycle supply station 214 for the addition of recycled build material, see [0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the ports of Otis with the apparatus of Dong to make switching from one material to another is quick and relatively easy, see Otis [0016]. Regarding claim 36, Dong as modified meets the claimed system of claim 24, wherein the controller is configured to provide the selected microstructure that comprises one or more of a honeycomb structure, a sandwich structure, or a repeating block structure. (Dong teaches these convex welds can be straight or curve lines and used to form layers. Multiple layers can then form the 3D products with specific shapes, see [0057]. Examiner notes straight lines formed in layers meets the claimed repeating block structure.) Regarding claim 37, Dong as modified meets the claimed system of claim 24, wherein the controller is configured to use the received, first process variable to control angular velocity of the tooling during printing of the plasticly deformed solid wire material onto the surface of the workpiece. (Dong teaches the direction and the rotation of the whole FSW mechanism is matched with the coordinates movement speed of the CNC or robot station, see [0065]. Examiner notes the “rotation” information of Dong is understood to be rotations per time, which is the angular velocity) Regarding claim 40, Dong as modified meets does not meet the claimed system of claim 39, further comprising a first sensor configured to measure the first process variable, and a second sensor configured to measure the second process variable, wherein the first sensor and the second sensor are each electrically coupled to the controller. Otis meets the claimed further comprising a first sensor configured to measure the first process variable, and a second sensor configured to measure the second process variable, wherein the first sensor and the second sensor are each electrically coupled to the controller. (Otis teaches the vessels, conveying systems, and associated equipment of the 3D printer 400 may include instrumentation such as pressure sensors and temperature sensors, [0052].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to use the controller of Dong with the temperature sensor of Otis to make switching from one material to another is quick and relatively easy, see Otis [0016]. Regarding claim 42, Dong as modified does not teach the claimed system of claim 24, further comprising a first sensor configured to measure the first process variable. Otis meets the claimed further comprising a first sensor configured to measure the first process variable. (Otis teaches the vessels, conveying systems, and associated equipment of the 3D printer 400 may include instrumentation such as pressure sensors and temperature sensors, [0052].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to use the controller of Dong with the temperature sensor of Otis to make switching from one material to another is quick and relatively easy, see Otis [0016]. Regarding claim 43, Dong meets the claimed system of claim 42, wherein the tooling comprises a shoulder. (Examiner notes that the claimed “shoulder” is given the broadest reasonable interpretation in light of the specification. The specification describes in para. [0436] “wherein the spindle comprises a shoulder surface with a flat surface geometry”. Therefore the claim is met by the FSW pin of Dong which is taught to be FSW pins break up the coarse grain structure and generate a plasticized area around the pins. As the pin travels forward, the material behind the pin can be forged and strengthened through material deformation, [0062]). Claim(s) 32, 33, 38 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0050418 to Dong et al. (hereinafter “Dong”) in view of US 2021/0283846 A1 to Otis, JR. et al. (hereinafter “Otis”) and US 2017/0216962 A1 Schultz et al. (hereinafter “Schultz”). Regarding claim 32, Dong as modified meets the claimed system of claim 24, but does not teach wherein the first process variable is provided by measuring temperature at an interface between the tooling and the surface of the workpiece. Schultz teaches wherein the first process variable is provided by measuring temperature at an interface between the tooling and the surface of the workpiece. (Schultz teaches monitor spindle speed, torque, and deposition temperature, [0099]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to monitor the temperature of the spindle of Dong as taught by Schultz to perform reproducibly over a wide range of process parameters and is capable of in-situ process monitoring and consistent performance, see [0099]. Regarding claim 33, Dong as modified does not meet the claimed system of claim 24, wherein the first process variable is provided by measuring a torque of the tooling. Schultz meets the claimed wherein the first process variable is provided by measuring temperature at an interface between the tooling and the surface of the workpiece. (Schultz teaches monitor spindle speed, torque, and deposition temperature, [0099]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to monitor the temperature of the spindle of Dong as taught by Schultz to perform reproducibly over a wide range of process parameters and is capable of in-situ process monitoring and consistent performance, see [0099]. Regarding claim 38, Dong as modified does not meet the claimed system of claim 24, wherein the controller is configured to use the received, first process variable to control torque of the tooling during printing of the plasticly deformed solid wire material onto the surface of the workpiece. Schultz meets the claimed wherein the controller is configured to use the received, first process variable to control torque of the tooling during printing of the plasticly deformed solid wire material onto the surface of the workpiece. (Schultz teaches monitor spindle speed, torque, and deposition temperature, [0099]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to monitor the torque of the spindle of Dong as taught by Schultz to perform reproducibly over a wide range of process parameters and is capable of in-situ process monitoring and consistent performance, see [0099]. Regarding claim 39, Dong as modified does not meet the claimed system of claim 24, wherein the controller is configured to receive and use a second process variable to control a temperature of the solid wire material. Schultz teaches wherein the controller is configured to receive and use a second process variable to control a temperature of the solid wire material. (Schultz teaches monitor spindle speed, torque, and deposition temperature, [0099]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to monitor the temperature of the spindle of Dong as taught by Schultz to perform reproducibly over a wide range of process parameters and is capable of in-situ process monitoring and consistent performance, see [0099]. Claim(s) 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0050418 to Dong et al. (hereinafter “Dong”) in view of US 2021/0283846 A1 to Otis, JR. et al. (hereinafter “Otis”), Schultz et al. (hereinafter “Schultz”) and US 2012/0279442 A1 Creehan et al. (hereinafter “Creehan”). Regarding claim 41, Dong as modified meets the claimed system of claim 24, wherein the controller is configured to monitor thickness and width of the solid wire material printed onto the surface of the workpiece, and wherein when a selected thickness and width of the printed solid wire material is achieved, the controller is configured to retract the tooling from the surface of the workpiece to discontinue printing of the solid wire material onto the surface of the workpiece. Creehan meets the claimed wherein the controller is configured to monitor thickness and width of the solid wire material printed onto the surface of the workpiece, and wherein when a selected thickness and width of the printed solid wire material is achieved, the controller is configured to retract the tooling from the surface of the workpiece to discontinue printing of the solid wire material onto the surface of the workpiece. (a control system for varying the amount of filler material dispensed in response to changes in thickness or gap width, see [0016] and [0063]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to control the thickness and width as taught by Creehan in order improve the deposition of material to create structures with low porosity and even welds, see [0010], [0012]. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M. ROBINSON whose telephone number is (571)270-0467. The examiner can normally be reached Monday-Friday 9:30AM-6PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Zhao can be reached at (571)270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL M. ROBINSON/Primary Examiner, Art Unit 1744
Read full office action

Prosecution Timeline

May 08, 2023
Application Filed
Apr 30, 2025
Non-Final Rejection — §103, §DP
Nov 05, 2025
Response Filed
Nov 21, 2025
Final Rejection — §103, §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
61%
Grant Probability
82%
With Interview (+21.1%)
3y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 415 resolved cases by this examiner. Grant probability derived from career allow rate.

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