Prosecution Insights
Last updated: October 04, 2026
Application No. 18/218,523

3D-CUTTER AND A METHOD OF CONTROLLING THE 3D-CUTTER

Non-Final OA §102
Filed
Jul 05, 2023
Priority
Jul 05, 2022 — NL 2032376
Examiner
COLLINS, DANIEL S.
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Voortman Steel Machinery Holding B V
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
524 granted / 615 resolved
+15.2% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
653
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
44.1%
+4.1% vs TC avg
§102
30.6%
-9.4% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 615 resolved cases

Office Action

§102
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 . Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the Netherlands on 07/05/22. It is noted, however, that applicant has not filed a certified copy of the Netherlands Patent application, NL2032376, as required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/05/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claim(s) 1-5,8 13 and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Voortman Machinery, CNC Heavy Plate Drilling, Cutting and Milling| Voortman V325 | Steel Fabrication (hereinafter “Voortman”). In Reference to Claim 1: Voortman discloses a method for controlling a 3D-cutter (See, Plasma cutting section of the video starting at approximately time stamp 2:36) , embodied as a 3D-plasma ( See, timestamp 2:39 of video), during cutting of a workpiece (steel plate) out of a metal sheet blank (as shown at time stamp 3:20 where the cutouts are lowered from the support table, wherein the 3D-cutter includes: - a conveyor (shown throughout video) defining a support surface ( can be seen as bars at time stamp 00:27; Also a support surface is shown lowered to remove the cut out pieces of the plasma cutting at time stamp 3;20) having an upstream end from which the metal sheet blank out of which the workpiece is to be cut is supplied and a downstream end towards which the cut workpiece is discharged, the conveyor being configured to transport the blank back and forth (See, Voortman at time stamp 3:40-3:45) along a horizontal X- direction of an orthogonal X-, Y-, Z-coordinate system of which the Y- direction is a horizontal direction extending perpendicular to the X-direction and wherein the Z-direction is the vertical direction, wherein the support surface comprises an upstream support surface part , a downstream support surface (a plurality of support surfaces are shown throughout the video) part and a gap separating the upstream support surface part from the downstream support surface part, the gap extending in the Y-direction over the entire width of the support surface the gap being bounded on an upstream side by a upstream gap edge and being bounded on a downstream side by a downstream gap edge, the gap having a width defined by a distance between the upstream gap edge and the downstream gap edge, the gap defining a gap axis extending parallel to and being centrally positioned between the upstream gap edge and the downstream gap edge; - a torch (first shown at time stamp 2:27 and shown operating after that time for the remaining video) having a torch tip and being connected to a main frame via an X-guide extending in the X-direction, a Y-guide extending in the Y-direction and a Z-guide extending in a Z-direction so as to be movable in the X-direction, the Y-direction and Z-direction relative to the gap in the support surface of the conveyor, wherein the torch is tiltable in variable tilt directions and with variable tilt angles relative to a horizontal XY-plane so as to be able to produce 3- dimensionally shaped beveled cuts, wherein the torch is configured to produce a cutting beam, the cutting beam defining a beam direction and creating an entrance point on a top surface of the blank and an exit point on a bottom surface of the blank; - an electronic controller (shown as screen and keypad at time stamp 0:02) configured for controlling the linear movements of the torch in X-, Y-, and Z-directions as well as the tilt movements of the torch (24), wherein the electronic controller is configured for controlling the conveyor to vary the position of the blank back and forth along the X-direction relative to the gap wherein for at least one cut operation, including at least a final cut operation which separates the workpiece from the blank so as to form the workpiece, the X- position of the torch along the X-guide for varying the X- position of the entrance point or exit point relative to the gap. See, Video. In Reference to Claim 2: Voortman further discloses wherein for at least one cut operation, including at least a final cut operation which separates the workpiece from the blank so as to form the workpiece, the method comprises the step of controlling the X-position of the torch along the X-guide relative to the gap such that, when the beam direction is perpendicular to the blank, the exit point is closer to the downstream gap edge than to the upstream gap edge. See, Voortman Time stamp approximately 3:22 when the final cut separates the workpiece from the blank sheet metal. In Reference to Claim 3: Voortman further discloses wherein for at least one cut operation, including at least the final cut operation which separates the workpiece from the blank so as to form the workpiece, the method comprises the step of controlling the X-position of the torch along the X-guide is controlled relative to the gap such that, when the torch is tilted as to form a beveled cut, the exit point is closer to the downstream gap edge than to the upstream gap edge. See, Time Stamp 3:42 which illustrates the CNC Cutting containing a bevel finish at the end. In Reference to Claim 4: Voortman further discloses wherein for at least one cut operation, including at least the final cut operation which separates the workpiece from the blank so as to form the workpiece, the method comprises the step of controlling the X-position of the torch along the X-guide id relative to the gap such that, when the beam direction produced by the torch is perpendicular to the blank or when the torch is tilted so as to form a beveled cut, the exit point is positioned in the X-direction relative to the downstream gap edge such that the exit point is as close as possible to the downstream gap edge without causing damage to the downstream gap edge caused by heat produced by the beam. See, Time Stamp 3:12 to 3:21 when the downstream gap edge is lowered after the final cut to drop the workpiece. In Reference to Claim 5: Voortman further discloses wherein for at least one cut operation, including at least the final cut operation which separates the workpiece from the blank so as to form the workpiece the method comprises the step of controlling the X-position of the torch along the X-guide relative to the gap such that, when the torch is tilted so as to form a beveled cut, the exit point coincides with the gap axis. See, Time Stamp 3:42 which illustrates the CNC Cutting containing a bevel finish at the end. In Reference to Claim 8: Voortman discloses A 3D-cutter embodied as a 3D-plasma comprising: - a conveyor defining a support surface ( plurality shown at beginning and during cutting) having an upstream end from which a metal sheet blank (square metal sheet in video) out of which the workpiece is to be cut is supplied and a downstream end towards which the cut workpiece is discharged (via conveyor belt once cut, the conveyor ( as seen during the plasma cutting/cnc of moving the sheet metal) being configured to transport the blank back and forth along a horizontal X- direction of an orthogonal X-, Y-, Z-coordinate system of which the Y- direction is a horizontal direction extending perpendicular to the X-direction and wherein the Z-direction is the vertical direction, wherein the support surface comprises an upstream support surface part , a downstream support surface part and a gap separating the upstream support surface part from the downstream support surface part , the gap extending in the Y-direction over an entire width of the support surface the gap being bounded on an upstream side by a upstream gap edge and being bounded on a downstream side by a downstream gap edge , the gap having a width which is defined by the distance between the upstream gap edge and the downstream gap edge, the gap defining a gap axis extending parallel to and is centrally positioned between the upstream gap edge and the downstream gap edge; - a torch having a torch tip and being connected to a main frame via an X-guide extending in the X-direction, a Y-guide extending in the Y-direction and a Z-guide extending in a Z-direction so as to be movable in the X-direction, the Y-direction and Z-direction relative to the gap in the support surface of the conveyor, wherein the torch is tiltable in variable tilt directions and with variable tilt angles relative to a horizontal XY-plane so as to be able to produce 3- dimensionally shaped beveled cuts, wherein the torch is configured to produce a cutting beam, the cutting beam defining a beam direction and creating an entrance point on a top surface of the blank and an exit point on a bottom surface of the blank; - an electronic controller (See, Screen with keyboard that is controls the automation based of inputs) configured for controlling the linear movements of the torch in X-, Y-, and Z-directions as well as the tilt movements of the torch, wherein the electronic controller is additionally configured for controlling the conveyor to vary the position of the blank back and forth along the X-direction relative to the gap ; characterized in that the electronic controller is configured to, for at least one cut operation, including at least a final cut operation which separates the workpiece from the blank so as to form the workpiece , control the X-position of the torch along the X-guide for varying the X-position of entrance point or exit point relative to the gap, in particular to vary the distance of the position of entrance point or exit point relative to the downstream gap edge. See, Voortman video which shows that the plasma cutting ends at the downstream side of the gap. In Reference to Claim 9: Voortman further discloses wherein for at least one cut operation, including at least a final cut operation which separates the workpiece from the blank so as to form the workpiece, the method comprises the step of controlling the X-position of the torch along the X-guide relative to the gap such that, when the beam direction is perpendicular to the blank, the exit point is closer to the downstream gap edge than to the upstream gap edge. See, Voortman Time stamp approximately 3:22 when the final cut separates the workpiece from the blank sheet metal. In Reference to Claim 10: Voortman further discloses wherein for at least one cut operation, including at least the final cut operation which separates the workpiece from the blank so as to form the workpiece, the method comprises the step of controlling the X-position of the torch along the X-guide is controlled relative to the gap such that, when the torch is tilted as to form a beveled cut, the exit point is closer to the downstream gap edge than to the upstream gap edge. See, Time Stamp 3:42 which illustrates the CNC Cutting containing a bevel finish at the end. In Reference to Claim 11: Voortman further discloses wherein for at least one cut operation, including at least the final cut operation which separates the workpiece from the blank so as to form the workpiece, the method comprises the step of controlling the X-position of the torch along the X-guide id relative to the gap such that, when the beam direction produced by the torch is perpendicular to the blank or when the torch is tilted so as to form a beveled cut, the exit point is positioned in the X-direction relative to the downstream gap edge such that the exit point is as close as possible to the downstream gap edge without causing damage to the downstream gap edge caused by heat produced by the beam. See, Time Stamp 3:12 to 3:21 when the downstream gap edge is lowered after the final cut to drop the workpiece. In Reference to Claim 12: Voortman further discloses wherein the electronic controller is configured to, for at least one cut operation, including at least the final cut operation which separates the workpiece from the blank so as to form the workpiece, control the X-position of the torch relative to the gap such that, when the torch is tilted so as to form a beveled cut, the exit point coincides with the gap axis. See, Time Stamp 3:42 which illustrates the CNC Cutting containing a bevel finish at the end. In Reference to Claim 16: Voortman further discloses wherein the torch s tiltable by being rotatably mounted around a torch-X-axis which extends parallel to the X-direction and which is offset from the torch tip and by being rotatably mounted around a torch-Y-axis which extends parallel to the Y- direction and which is offset relative to the torch tip. See, Time Stamp 3;42 wherein the CNC bevels and meets the claim language. In Reference to Claim 17: Voortman further discloses wherein the torch is tiltable by being rotatably mounted around a torch-Z-axis which extends parallel to the Z-direction and by being rotatably mounted around a horizontal torch-H-axis which is offset relative to the torch-Z-axis and co-rotates with rotation of the torch around the torch-Z-axis. See, Voortman time stamp 3:30-4:01 In Reference to Claim 18-19 Voortman further discloses wherein the electronic controller is configured to, for at least one cut operation, including at least a final cut operation which separates the workpiece from the blank so as to form the workpiece, control the X-position of the torch along the X-guide to vary the distance of the position of the entrance point or the exit point relative to the downstream gap edge. See, Voortman time stamp 3:30-4:01 Allowable Subject Matter Claim 6-7, 13-15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 6 and 13 recites the limitation of a specific downstream gap edge in the range of 15-30 mm allowing for workpieces with smaller dimensions than that of the prior art. Examiner does not believe it would be obvious to a person having ordinary skill in the art, Claim 7 and 15 recites that “when the torch is operating at a maximum torch power level (Pmax), a minimum distance is kept between the exit point and the downstream gap edge having a value of DMINmax, wherein, when the torch is operating at the at least one reduced torch power level, a minimum distance is kept between the exit point and the downstream gap edge having a value of DMINreduced, wherein DMINreduced is smaller than DMINmax. The prior art fails to disclose wherein the power level of the torch determines the proximity to the gap edge. Although Voortman does disclose the ability to vary the power level of the plasma torch up to 400 amps. Claim 14 recites the limitation of 500 amps of power the prior art of Vortman per their specification does not produce that much power (hence the specification claiming it is an improvement over the prior art). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S. COLLINS whose telephone number is (313)446-6535. The examiner can normally be reached M-TH 8:00-5:30. 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, Nathaniel Wiehe can be reached at (571) 272-4648. 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. /DANIEL S COLLINS/ Examiner, Art Unit 3745 /NATHANIEL E WIEHE/ Supervisory Patent Examiner, Art Unit 3745
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Prosecution Timeline

Jul 05, 2023
Application Filed
Aug 28, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
85%
Grant Probability
95%
With Interview (+9.4%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 615 resolved cases by this examiner. Grant probability derived from career allowance rate.

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