Prosecution Insights
Last updated: April 19, 2026
Application No. 18/200,659

GAS FLOW IN THREE-DIMENSIONAL PRINTING

Final Rejection §102§103§112
Filed
May 23, 2023
Examiner
THROWER, LARRY W
Art Unit
1754
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Velo3D Inc.
OA Round
2 (Final)
66%
Grant Probability
Favorable
3-4
OA Rounds
3y 10m
To Grant
78%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allow Rate
622 granted / 947 resolved
+0.7% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
69 currently pending
Career history
1016
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
42.0%
+2.0% vs TC avg
§102
29.4%
-10.6% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 947 resolved cases

Office Action

§102 §103 §112
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 . The amendment filed November 10, 2025 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-16 and 24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Amended claim 1 now requires a third wall that at least partially separates the second recessed portion from the first wall, which the second window and the third wall define a volume of the second recessed portion. Applicant points to figures 27A-F and 39A-C and paragraphs 334-335 for support. However, there is no support in the cited figures or paragraphs for the added limitations. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-16 and 24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brown (US 2018/0326485). Claim 1: Brown discloses a system for printing a three-dimensional object (abstract). The system includes an energy source (105) configured to generate an energy beam for transforming a pre-transformed material to a transformed material (¶ 48; see annotated Fig. 1 below); a platform (102) configured to support the three-dimensional object during the printing (¶ 48; see annotated Fig. 1 below); and an enclosure (101) configured to enclose at least a portion of the platform (¶ 48; see annotated Fig. 1 below), the enclosure including a first wall (¶ 48; see annotated Fig. 1 below); at least two windows (107; fig. 11; ¶ 75) configured to allow the energy beam to pass therethrough (¶ 48; see annotated Fig. 1 below); and a first recessed portion relative to the first wall and a second recessed portion relative to the first wall including the first window of the at least two windows and a second wall that at least partially separates the first recessed portion from the first wall, which the first window and second wall define a volume of the first recessed portion (¶ 48; see annotated Fig. 1 below) and wherein the second recessed portion includes a second window of the at least two windows and a third wall that at least partially separates the second recessed portion from the first wall, which the second window and the third wall define a volume of the second recessed portion (¶ 48; see annotated Fig. 1 below; Fig. 11; ¶ 75). PNG media_image1.png 582 618 media_image1.png Greyscale Claim 2: Brown discloses the at least one window is disposed at a position to facilitate a path of the energy beam to travel therethrough, which path of the energy beam is directed toward the platform (¶ 48; see annotated Fig. 1 below). Claims 3-5: Brown discloses the second wall is configured to facilitate at least partial shielding of an interior surface of the window from a gas-borne material in the enclosure during printing, wherein the gas-borne material is produced during the printing (fig. 1). Moreover, apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities. Furthermore, Applicant is reminded that apparatus claims are not limited by the material worked upon as per MPEP §2115. Claims 6-7: Brown discloses the recessed portion includes a window holder portion that is configured to support the window in a recessed volume (fig. 1). Claim 8: Brown discloses the recessed portion including a plurality of window holder portions (fig. 10a). Claim 9: Brown discloses each of the window holder portions supports a plurality of windows (fig. 10a). Claim 10: Brown discloses a purging system configured to direct a flow of gas away from the window (¶ 49; fig. 1). Claim 11: Brown discloses the purging system includes a channel, wherein the second wall includes the channel (fig. 1). Claim 12: Brown discloses a plurality of windows that include the window, wherein the plurality of windows are arranged in a non-parallel alignment with a direction of a flow of gas above the platform (figs. 1, 10a). Claim 13: Brown discloses the window holder portion includes a purging system configured to direct a flow of gas within the further recessed volume (¶ 49; fig. 1). Claim 14: Brown discloses the second wall includes sides that at least partially enclose a volume of the recessed portion (see annotated fig. 1 above). Claim 15: Brown discloses a plurality of energy sources (fig. 10a). Claim 16: Brown discloses the volume is between the window and the platform (see annotated fig. 1 above). Claim 24: Brown discloses the enclosure is configured to maintain an internal atmosphere at a positive pressure (¶¶ 48-49). 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. Claims 17- 20 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 2018/0326485), as applied to claim 1 above, in view of Jaiswal (US 2016/0085003). Claims 17-18 and 20: Brown is silent as to the thermal conductivity of the window material. However, Jaiswal discloses window materials for 3d printing that includes transparent, high thermal conductivity optics (¶ 11, 39, 137). As taught by Jaiswal, the high thermal conductivity of these materials makes them advantageous for applications where transparency is desired (¶ 137). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have utilized the transparent, high thermal conductivity material of Jaiswal in the window material of Brown for the advantages taught by Jaiswal. Claim 19: Brown is silent as to the window including calcium fluoride. However, Jaiswal discloses optical materials for 3d printing that includes transparent optics including calcium fluoride (¶¶ 39, 113). As taught by Jaiswal, using calcium fluoride optics provides desirable transmission efficiency (¶ 7; claim 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have included calcium fluoride in the window material of Brown in order to increase transmission efficiency of the window. Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 2018/0326485), as applied to claim 1 above, in view of Myerberg (US 2017/0297103). Brown is silent as to sensors. However, Myerberg discloses a system for printing a three-dimensional object, including an energy source, platform and enclosure, and one or more sensors configured to detect one or more input parameters within the enclosure during the printing (abstract; fig. 1, ¶ 115). As taught by Myerberg, including one or more sensors configured to detect one or more input parameters within the enclosure during the printing allows data characterizing progress of fabrication of the object to be collected (¶ 115). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have included the sensors of Myerberg in the enclosure of Brown in order to allow for the collection of data characterizing progress of fabrication of the object. Response to Arguments Applicant's arguments filed November 10, 2025 have been fully considered but they are not persuasive. Applicant argues that “Brown does not teach, disclose, or suggest ‘a first recessed portion relative to the first wall and a second recessed portion relative to the first wall.’” This argument has been considered but is not persuasive. Brown teaches multiple windows in the upper part of the enclosure (¶ 75; fig. 11). Each of these window areas correspond to the claimed “portions” with a multitude of walls that separate these “portions” from the bottom wall. Applicant has failed to distinguish the language of the claims over the cited prior art. 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 LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F. 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, Susan Leong can be reached at 571-270-1487. 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. /LARRY W THROWER/Primary Examiner, Art Unit 1754
Read full office action

Prosecution Timeline

May 23, 2023
Application Filed
Sep 21, 2023
Response after Non-Final Action
Jun 05, 2025
Non-Final Rejection — §102, §103, §112
Nov 10, 2025
Response Filed
Mar 13, 2026
Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600082
DISPENSING HEAD FOR CONTINUOUS FIBER REINFORCED FUSED FILAMENT TYPE ADDITIVE MANUFACTURING
2y 5m to grant Granted Apr 14, 2026
Patent 12539670
Method and Device for Producing a Three-Dimensional Object in an Optically Reactive Starting Material
2y 5m to grant Granted Feb 03, 2026
Patent 12484588
Partially Transparent Disposable Piping Bag
2y 5m to grant Granted Dec 02, 2025
Patent 12478129
THREE-DIMENSIONAL PRINTING ALONG A CURVED SURFACE
2y 5m to grant Granted Nov 25, 2025
Patent 12427701
VEHICLE TRIM COMPONENT
2y 5m to grant Granted Sep 30, 2025
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
66%
Grant Probability
78%
With Interview (+12.4%)
3y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 947 resolved cases by this examiner. Grant probability derived from career allow rate.

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