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 without traverse of Group I, claims 1-17 in the reply filed on 7/29/2025 is acknowledged. Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/29/2025.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Teicher (US 2017/0203503), in view of Brodie et al. (US 2022/0371274), hereinafter Brodie, and further in view of: Defensive Publication (“Apparatus and Methods for Real-Time Stress Control in Additive Manufacturing”), cited in Applicant’s IDS, published 4/15/2021* (copy is not provided, as it is already present in the IFW), and available at ip.com (IPCOM000265492D).
Regarding claims 1, 4-6, 8-9, and 17, Teicher discloses a compression rig (the preamble is not considered limiting where the body of the claim recites a structurally complete invention) comprising: (4/9) a base (146-1; Fig. 2C; par. 0061-0063);
(a) a support structure (146-2) (Fig. 2A; par. 0061-0063);
(b) a positioning arm (146-3) slidably coupled to the support structure (Figs. 2B-2C show the sliding movement; par. 0061-0063);
(c) a first actuator (horizontal actuator 1456H – par. 0061) operably coupled to and moving the positioning arm, relative to the support structure, through a first degree of freedom (as shown in Figs. 2B-2C);
(d) a pivot member (146-4) supported on the positioning arm (Fig. 2C; par. 0063)
(e) a second actuator (146B) coupled to the pivot member;
(f) a compression head (either “supporter 186” – par. 0050 or “post print unit 152” – par. 0059) slidably coupled to the pivot member (146-4) [compression head is shown as incorporated within printhead 140 in Figs. 2A-2C], and slidable relative to the pivot member in a first or second slide direction.
Teicher does not explicitly disclose that the pivot member rotates as to arrange the compression head at an angle with respect to a perpendicular axis to the build surface, or the actuator of the compression head as to apply a load to the object.
However, regarding the pivot member rotating and actuator therefor, Brodie likewise describes a 3D printing apparatus that includes a compression head or compactor (32) that is attached to a head that rotates with several degrees of freedom and contemplates any number of movements that could be required (Brodie, Fig. 1, par. 0011, 0019), demonstrating that one of ordinary skill in the art would have found such an arrangement suitable for use in the art as an improvement to the base process of Teicher above, for purposes of applying material and smoothing the material in a given location with more precision.
Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to have specified that the above techniques from Brodie are incorporated into Teicher as to allow the pivot member to be actuated in a rotational manner, as is claimed as to have allowed the tool to have been more precise.
Additionally, further regarding the compressive load and actuator therefor, the Def Publication (see p. 6-7) describes a compression load device (113) which applies a compressive load to a material during production of an object, and would include an actuator (117) and an arm as to move the load source (118) [or roller] to apply a force to the deposited material to introduce the required strain level inside the deposited layer as to counterbalance residual stresses.
Accordingly, in order to likewise counterbalance residual stresses of the material being deposited, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to have incorporated such a compression load device with an actuator, as in this Defensive Publication, into the modified Teicher combination as described above.
Regarding claims 2-3 and 10-12, modified Teicher discloses the subject matter of claims 1 and 9, and further discloses a controller (184) which would be attached to the actuator(s) (Teicher, par. 0047-0048, 0063).
Regarding claims 7 and 16, modified Teicher discloses the subject matter of claims 1 and 9, and the component being built is considered to be the material or article worked upon by the claimed structure, which is not limiting to the claims. See MPEP 2115.
Regarding claims 13-15, modified Teicher discloses the subject matter of claim 9, and further discloses or implies that there are tracks for the movement that are provided for in claim 9 (see Teicher, Fig. 2C).
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).
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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.
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/ANDREW D GRAHAM/Primary Examiner, Art Unit 1742
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