Prosecution Insights
Last updated: October 27, 2026
Application No. 18/224,318

APPARATUS AND METHOD

Non-Final OA §103
Filed
Jul 20, 2023
Priority
Jul 21, 2022 — GB 2210688.4
Examiner
GROUX, JENNIFER LILA
Art Unit
1754
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Rolls-Royce plc
OA Round
5 (Non-Final)
35%
Grant Probability
At Risk
5-6
OA Rounds
0m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants only 35% of cases
35%
Career Allowance Rate
46 granted / 133 resolved
-30.4% vs TC avg
Strong +40% interview lift
Without
With
+39.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
40 currently pending
Career history
189
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
45.4%
+5.4% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
33.0%
-7.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 133 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/02/2026 has been entered. Response to Amendment Claims 1-22 are pending. Claims 15-22 remain withdrawn. In view of the amendment, filed 07/02/2026, claim rejections under 35 U.S.C. 103 are withdrawn from the previous Office Action mailed 04/07/2026. New grounds of rejection are made in response to claim amendments. Claim Interpretation Claim interpretation is consistent with the prior Office Action. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-2 and 4-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorson et al., US 20170190112 A1, in view of Levine, US 20190009368 A1 (of record). Regarding claim 1, Thorson discloses an apparatus for additive manufacture of a component (Abstract, Figs. 1-2), the apparatus comprising: A bed (build surface of platform 102, Fig. 1, [0015]) for supporting the component (powder is deposited onto the platform, [0025], and the deposited powder material is fused to form the component, [0028]), A powder depositor (dispenser 108, Fig. 1, [0020]) arranged to deposit powder onto the bed (deposits powdered material on top of platform 102, [0020]), An energy beam source (laser 112, Fig. 1, [0015]) arranged to emit a beam of energy towards a beam target location on a surface of the powder deposited onto the bed (emits one or more laser beams onto the powdered material, [0027]-[0028]); and Control means (controller 114, Fig. 1, [0015]) for adjusting the beam target location (configured to activate the laser to emit the beam(s) onto the powdered material to fuse the powdered material into a layer according to the received data representing the 3D part, [0032], moves the platform or gantry, [0035]); Wherein the apparatus is configured to provide rotation of the beam target location and the powder depositor relative to the bed (the platform 102 being rotatable about the z-axis, [0016]; the gantry 106 being configured to rotate the laser 112 and dispenser 108 about the z-axis, [0018]; relative rotation between the platform 102 and the dispenser 108 and laser 112 being performed, [0032]), the rotation being about a rotational axis (about z-axis, [0016], [0018]), and The control means is configured to control the apparatus to build (controller controls the apparatus to perform the building, [0032]) a radially inner wall and a radially outer wall on the bed with respect to the rotational axis (radially inner retaining wall 120 and radially outer retaining wall 118, Figs. 2-3) by additive layer manufacture (inner retaining wall 120 and outer retaining wall 118 are printed by the apparatus on the platform, [0022]-[0023], [0025]), the radially inner wall and radially outer wall defining an annular portion of the bed (annular space between walls, Figs. 2-3) on which the component is manufactured between the radially inner wall and radially outer wall (Fig. 2, the annular space between inner wall 120 and outer wall 118 defining the build area where powder is deposited, [0024]). Thorson is silent as to radial thickness of at least one of the radially inner wall and the radially outer wall varies with axial height of the component in a manner that reduces unfused powder between the component and a corresponding one of the radially inner wall and the radially outer wall. In the analogous art of additive manufacturing (Abstract), Levine discloses a configuration for performing powder bed additive manufacturing including the dynamic construction of a build envelope printed with the 3D object to contain the build volume (Fig. 3, [0017]-[0018]) wherein the build envelope retains powder around the object and can be made in a way that minimizes unfused powder which can potentially be wasted powder within a particular build ([0020]). Levine teaches configuring a printed boundary wall to have a thicker region including an inwardly extending ledge (Figs. 5 and 6, ledge 520/620 depicted at envelope 425/625, [0033]-[0035]), i.e., having a radial thickness that varies with axial height of the 3D component in a manner that reduces unfused powder between the component and the corresponding wall (due to the reduced space between the inner surface of the wall and the component adjacent the thicker regions). Levine teaches the wall configuration provides additional support for overhanging portions of build objects and that the increased thickness of the build envelope due to the ledge can prevent damage to the build envelope when adjacent powder is melted (Fig. 5, [0033]-[0034]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the configuration of Thorson to build the walls such that radial thickness of at least one of the radially inner wall and the radially outer wall varies with axial height of the component in a manner that reduces unfused powder between the component and a corresponding one of the radially inner wall and the radially outer wall in order to provide the built wall(s) with thicker regions for providing additional support to corresponding areas of the component and/or to prevent damage to the build walls during melting of adjacent powder while minimizing wasted powder, as taught by Levine. Regarding claim 2, modified Thorson discloses the apparatus according to claim 1, and Thorson discloses a recoating and writing unit comprising the energy beam source and the powder depositor (comprises the laser 112 and powder dispenser 108, Fig. 1, [0015]), and wherein the recoating and writing unit is configured to rotate relative to the bed about the rotational axis (the gantry 106 being configured to rotate the laser 112 and dispenser 108 about the z-axis, [0018]). Regarding claim 4, modified Thorson discloses the apparatus according to claim 1, and Thorson discloses the bed comprises rotational means for rotating the bed about the rotational axis (the platform being controllably rotatable about the z-axis, [0016], [0032], [0035]). Regarding claim 5, modified Thorson discloses the apparatus according to claim 1, and Thorson discloses height-adjusting means for adjusting a relative axial position of the bed and the powder depositor (the platform including a lift 130 and being controllably vertically moveable along the z-axis, [0016], [0032]; the gantry being motorized and also configured to raise and lower the dispenser 108, [0018]). Regarding claim 6, modified Thorson discloses the apparatus according to claim 5, and Thorson discloses the height-adjusting means are configured to continuously adjust the relative axial position of the bed and the powder depositor (the platform including a lift 130 and being vertically moveable along the z-axis, [0016], [0032]; the gantry being motorized and also configured to raise and lower the dispenser 108, [0018]). As the height-adjusting means of Thorson were capable of adjusting the relative axial position via adjusting the vertical position of the bed and/or the powder depositor by vertically moving the bed and/or the powder depositor under control of the controller, the height-adjusting means were capable of doing so continuously. Regarding claim 7, modified Thorson discloses the apparatus according to claim 5, and Thorson discloses the height-adjusting means are configured to adjust the relative axial position of the bed and the powder depositor by moving the bed and the powder depositor apart from one another during manufacture of the component (the platform being vertically moved along the z-axis, [0032], being lowered relative to the powder dispenser, [0044]). Regarding claims 8-11, modified Thorson discloses the apparatus of claim 1. Note: the examined claims are directed to an apparatus, and apparatus claims cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. MPEP 2114 (II). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, a claim is only limited by positively recited elements. Thus, inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. Claim 8 requires at most the capability of the prior art apparatus, using the powder depositor and the energy beam source, to perform the recited function of forming on the bed in radially outward sequence, the radially inner wall, the component, and the radially outer wall. The apparatus of Thorson was configured to form the three components, as set forth above for claim 1. The apparatus was capable of performing the claimed radially outward forming, as evidenced by the geometry of the built walls and construction space as shown in Figs. 1-3. The inner wall, construction space, and outer wall are positioned in radially outward sequence and are built using the powder depositor and energy beam source. Thorson describes the walls being printed on the platform during the printing of the 3D part ([0023]). Thorson further discloses the powder depositor and the energy beam source are capable of being moved in a radially outward direction ([0019]-[0020], [0027]). Since the powder depositor and the energy beam source were configured to form the three components that are positioned in a radially outward arrangement, as well as to be moved in a radially outward direction, the apparatus was capable of performing the recited function of forming in radially outward sequence, and the structural requirements of the apparatus claim are met by the prior art. Regarding claims 9-10, modified Thorson discloses the apparatus of claim 8. See above note regarding recitations directed to a manner of operating the claimed device and/or materials worked upon by the claimed apparatus. Claims 9 and 10 are directed to features of the recited products (the radially inner/outer built walls and the component each being objects formed by the apparatus in use). The prior art apparatus performs additive manufacturing not limited to any specific type of product and describes as examples forming large annular or contoured parts ([0001], [0014]) in line with the present application (p. 3, last paragraph, p. 13, lines 18-26). Claims 9-10 do not impart further structure to the claimed apparatus, and as the apparatus was capable of forming structures having a radial clearance between them, the claims are met by the prior art as set forth above. Regarding claim 11, modified Thorson discloses the apparatus of claim 8. See above note regarding recitations directed to a manner of operating the claimed device and/or materials worked upon by the claimed apparatus. Similar to the above, claim 11 is directed to a feature of the recited product (the radially inner/outer built walls being objects formed by the apparatus in use). Claim 11 does not impart further structure to the claimed apparatus, and as the apparatus was capable of forming a structure that could be provided with a stiffening portion, e.g., a built portion formed using the same material and technique (powder bed fusion) as the primary build component, or a portion added later by any technique, the claim is met by the prior art as set forth above. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorson et al., US 20170190112 A1, in view of Levine, US 20190009368 A1, as applied to claim 2 above, further in view of Corsmeier, US 20180345370 A1 (of record). Regarding claim 3, modified Thorson discloses the apparatus according to claim 2. Thorson discloses a recoating and writing unit arranged circumferentially around the rotational axis (Fig. 2) but does not disclose a plurality of the recoating and writing units. In the analogous art, Corsmeier discloses an apparatus for rotary powder bed additive manufacturing (Abstract) and teaches the apparatus comprising a plurality of recoating and writing units (multiple build units 308 including a laser and powder dispenser, Fig. 3, [0048]) for large-scale additive manufacturing ([0048]), the recoating and writing units being arranged at different circumferential positions around the central rotational axis (Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Thorson to include additional recoating and writing units in order to increase the production capacity of the apparatus, as taught by Corsmeier. Furthermore, the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04(VI)(B). In this case, duplication of an existing recoating and writing unit to perform the same function of recoating and writing would yield no new or unexpected results. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorson et al., US 20170190112 A1, in view of Levine, US 20190009368 A1, as applied to claim 1 above, further in view of Kakiuchi, JP 2006205456 A (of record, Espacenet translation provided 02/25/2025 referenced below). Regarding claim 12, modified Thorson discloses the apparatus of claim 1. Thorson discloses the powder dispenser 108 may include a press 110 such as a blade ([0026]) but does not disclose the powder depositor comprises a side recoater blade on at least one of a radially inwardly facing side and a radially outwardly facing side of the powder depositor. In the analogous art, Kakiuchi discloses a powder depositor for an additive manufacturing apparatus (powder spreading head 22, Fig. 4). Kakiuchi teaches providing the powder depositor with a side recoater blade (shielding plates 40, Figs. 3-4, [0014]) on inward and outward facing lateral sides of the powder depositor (Figs. 3-4) so as to prevent powder dispensed by the recoater from flowing out sideways beyond the leveling blade ([0014]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the powder depositor of Thorson to include a side recoater blade on at least one of a radially inwardly facing side and a radially outwardly facing side of the powder depositor in order to provide the capability of controlling the powder deposition area by preventing sideways or radially outward flow of the deposited powder beyond an intended deposition area, as taught by Kakiuchi. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorson et al., US 20170190112 A1, in view of Levine, US 20190009368 A1, and Kakiuchi, JP 2006205456 A, as applied to claim 12 above, and further in view of Whittle et al., WO 2020014028 A1 (of record). Regarding claim 13, modified Thorson discloses the apparatus of claim 12. The combination does not disclose the side recoater blade is provided with a pressure means that is configured to apply a compressive force against a powder volume deposited by the powder depositor. In the analogous art, Whittle discloses a powder depositor for an additive manufacturing apparatus (Abstract). Whittle teaches providing a recoater blade (blade 424) with a pressure means (pressing blade 530) configured to apply a pressure to the powder bed for compacting the powder bed (Fig. 5, [0061]). Whittle teaches the pressing blade can provide compaction and increase the density of the powder bed ([0061]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the side recoater blade of modified Thorson with a pressure means configured to apply a compressive force against a powder volume deposited by the powder depositor in order to improve powder compaction and thereby increase the density of the powder bed, as taught by Whittle. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorson et al., US 20170190112 A1, in view of Levine, US 20190009368 A1, as applied to claim 8 above, and further in view of Fey, US 20170348905 A1 (of record). Regarding claim 14, modified Thorson discloses the apparatus of claim 8, wherein the apparatus is configured to produce the component by a laser powder bed fusion process (apparatus for performing selective laser fusing, [0006], [0036]). Levine further teaches that when building large objects with a dynamically grown build envelope, it may be advantageous to build the envelope (walls) using a different build method than that used to build the object, such as a rapid build technique ([0020]). The combination does not specifically disclose the apparatus is configured to form the walls by a fused deposition modeling process. It is noted that the present disclosure does not detail any particular structure for performing the recited process. In the analogous art of 3D printing (Abstract), Fey discloses an apparatus for generatively producing a component and an annular boundary region (Fig. 1, [0005]-[0007], [0025]). Fey teaches the component is built by a first generative production method, a laser powder bed fusion process, which provides good quality and high detail precision ([0007], [0027]), while the walls of the boundary region are formed by a second additive method, a fused deposition modeling process ([0007], [0027]). Fey teaches producing the walls by the second, different additive process is simple, faster, cost-effective ([0016], [0021], [0027]), and enables solidification of the powder material to be started before a complete layer of the powder material has been applied ([0052]). Fey discloses the device comprises a second application device for applying/solidifying the build material for the walls according to the second additive method ([0029]), such as a material discharge nozzle 116 (Figs. 1-2a, [0049]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Thorson such that it was configured to form the walls by a fused deposition modeling process in order to provide the capability of forming the walls using a simpler, faster, and more cost-effective additive process, as taught by Fey. Response to Arguments Applicant’s arguments, see pp. 7-8, filed 07/02/2026, with respect to claim amendments and the rejection(s) under 35 U.S.C. 103 have been fully considered and are persuasive. In view of the amendment to claim 1, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Thorson in view of Levine. Applicant argues (p. 8) that previously applied prior art Whitmarsh does not teach the amended limitation because the wall portion with increased thickness protrudes from the side of the wall that is not facing the powder. Accordingly, Levine has been applied to address the amended limitation directed to a radial thickness of the wall varying in a manner that reduces unfused powder between the component and the wall. Levine teaches a wall thickness that is increased and protruding from a side of the wall facing the powder (Figs. 5-6). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20130112366 A1, Mottin et al. disclose additively building support structures on either side of a 3D component wherein the thickness of the support structures varies with axial height of the component in a manner that keeps a minimal distance of unfused powder between the component and the support structures (Fig. 3 and corresponding description). US 20180111334 A1, Gold et al. disclose additively built support structures located on either side of a build object and having varying thicknesses according to an axial height of the component to minimize unfused powder adjacent the component and provide thermal dissipation and temperature regulation. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER L GROUX whose telephone number is (571)272-7938. The examiner can normally be reached Monday - Friday: 9am - 5pm ET. 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. /J.L.G./Examiner, Art Unit 1754 /LARRY W THROWER/Primary Examiner, Art Unit 1754
Read full office action

Prosecution Timeline

Show 9 earlier events
Feb 23, 2026
Response after Non-Final Action
Feb 23, 2026
Response Filed
Mar 13, 2026
Response Filed
Apr 07, 2026
Final Rejection mailed — §103
Jul 02, 2026
Response after Non-Final Action
Jul 31, 2026
Request for Continued Examination
Aug 03, 2026
Response after Non-Final Action
Sep 30, 2026
Non-Final Rejection mailed — §103 (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

5-6
Expected OA Rounds
35%
Grant Probability
74%
With Interview (+39.6%)
3y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 133 resolved cases by this examiner. Grant probability derived from career allowance rate.

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