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 with traverse of Group I, claims 189-213 in the reply filed on 3/1 is acknowledged. The traversal is on the ground(s) that Groups II and III require all of the limitations of claim 189. This is not found persuasive because, as was previously outlined, the apparatus as claimed can be used to perform another and materially different process, such as one that does not use a 3D printer to make a 3D object. A different field of search is established by the existence of different classifications for the different groups.
The requirement is still deemed proper and is therefore made FINAL.
Claims 214-215 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/16/2026.
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.
Claim(s) 189-213 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buller et al. (US 2017/0239892), hereinafter Buller.
Regarding claims 189-190, 196, and 213, Buller discloses a system including a three-dimensional printer and an apparatus for printing a 3D object comprising a controller (par. 0011, 0032) configured to: (a) operatively couple with (i) a first ‘component’ utilized during the printing of the 3D object (par. 0249 – leveling mechanism – Fig. 1), (ii) a second ‘component’ (powder dispenser – par. 0015), (iii) at least one sensor (par. 0031); and (iv) a transforming agent (‘energy beam’ – par. 0015);
(b) direct the first component to execute a first process parameter at a first time according to a first plan (leveling of material as in par. 0249); (c) direct the second component to execute a second process parameter at a second time according to a second plan (dispensing of powder as in par. 0015);
(d) direct the at least one sensor to measure an attribute of the printing of the object (par. 0024 – “detector” or “sensor” and “physical-attribute” or “phenomenon”) that is printed at least in part by using the transforming agent to transform the pre-transformed material to a transformed material (par. 0023); and
(e) coordinate the first time with the second time to reach a target attribute profile of the attribute at least in part by being configured to direct use of skywriting during a first period, wherein during the skywriting, the at least one controller is configured to direct the transforming agent not to transform the pre-transformed material to the transformed material (par. 0241, also meets condition ii of claim 190) while the transforming agent propagates along a trajectory of the skywriting during the first period, and wherein during a second period, the at least one controller is configured to direct the transforming agent to transform the pre-transformed material (par. 0023; par. 0196, 0206).
Regarding claims 191-192, Buller discloses the subject matter of claim 189, and a single trajectory/path (par. 0248) as outlined above, can be arbitrarily further divided into a first, second, and third path making up the single path, and would be controlled by executing commands based on the control values.
Regarding claims 193-194, Buller discloses the subject matter of claim 192, and in order to perform the actions as in claims 191-192, a command must be inherently generated from the controller in order to perform each of the operations as is claimed.
Regarding claims 195, Buller discloses the subject matter of claim 189, and further discloses that the attribute of the printing would include the temperature at a target surface or an intensity of the energy beam/transforming agent (par. 0088 describes both).
Regarding claim 197, Buller discloses the subject matter of claim 189, and this claim is drafted as an intended use, which is not limited as currently drafted. The capability of this variable to be changed is present above.
Regarding claim 198, Buller discloses the subject matter of claim 189, and further discloses that the pre-transformed material is metal (par. 0024).
Regarding claim 199, Buller discloses the subject matter of claim 189, and further discloses that the printing is conducted in an enclosure (par. 0019, 0095; Fig. 1).
Regarding claim 200, Buller discloses the subject matter of claim 199, and further discloses that there is a reactive gas within the enclosure (par. 0095; 0207).
Regarding claims 201-202, Buller discloses the subject matter of claim 189, and further discloses that the attribute is of a solid morphology or metallurgical phase (par. 0258).
Regarding claim 203, Buller discloses the subject matter of claim 201, and further discloses that the attribute is a change in polarization of reflected light (par. 0258).
Regarding claims 204-205, Buller discloses the subject matter of claim 203, and further discloses that the target surface comprises an exposed surface of the material bed (par. 0024).
Regarding claims 206-207, Buller discloses the subject matter of claim 189, and further discloses that the attribute comprises a specular reflection from a target surface (par. 0256, 0258).
Regarding claims 208-209, Buller discloses the subject matter of claim 207, and further discloses that the target surface comprises an exposed surface of the material bed (par. 0024).
Regarding claim 210, Buller discloses the subject matter of claim 189, and further discloses that the attribute is a target surface height at a position (par. 0074).
Regarding claims 211-212, Buller discloses the subject matter of claim 210, and further discloses that the target surface comprises an exposed surface of the material bed (par. 0024).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D GRAHAM whose telephone number is (469)295-9232. The examiner can normally be reached Monday - Friday 7:30AM-4:00PM (CST).
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, Christina Johnson can be reached at (571) 272-1176. 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.
/ANDREW D GRAHAM/Primary Examiner, Art Unit 1742
Prosecution Insights