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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-16 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 18/028,049 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Claim
Reference Claim
Claims 1 and 9. A method of forming a forming part with an inclined surface, the inclined surface used for forming the forming part with the inclined surface,
the inclined surface is provided with an angle of inclination, the angle of inclination is an angle defined between the inclined surface and a forming base plate, the angle between the inclined surface and the forming base plate is an acute angle, the method comprising: obtaining a model of the part to be formed, wherein the model is provided with at least one inclined surface;
performing a layer separating and slicing process on the model along a direction perpendicular to a deposition direction, thereby forming a plurality of forming layers; and
performing scanning path planning on each forming layer of the plurality of forming layers,
wherein the scanning path, after planning, comprises an inner filling scanning path and a frame scanning path located on an outer periphery of the inner filling scanning path,
wherein, in a plurality of forming layers forming the inclined surface, at least one layer to be formed has a suspended area protruding from a layer already formed and a non-suspended area,
the frame scanning path comprises:
a first path and a second path, the first path corresponds to the non-suspended area and the second path corresponds to the suspended area;
based on the size of the angle of inclination, setting first process parameters for the first path and setting second process parameters for the second path; and
using a laser melting deposition technique, printing the forming part with the inclined surface, layer by layer based on the set first and second process parameters for the first and second paths, respectively;
wherein an energy density in the first process parameters is smaller than an energy density in the second process parameters.
Claim 11. A method for forming a forming part with a cantilever structure, used for forming the forming part with the cantilever structure, the cantilever structure is perpendicular to the laser melting deposition direction of the forming part and
a lower portion is in a suspended state; wherein the forming method comprises:
obtaining a model of the part to be formed, the model has at least one cantilever structure; adding at least one inclined supporting portion to the cantilever structure, the lower portion of the cantilever structure in the suspended state is supported by the inclined supporting portion, the inclined supporting portion is provided with at least one inclined surface, the inclined surface is provided with an angle of inclination, the angle of inclination is an acute angle between the inclined surface and a forming base plate;
performing layer separating and slicing process on the model along a direction perpendicular to a deposition direction, forming a plurality of forming layers;
performing scanning path planning on each forming layer, the scanning path after planning comprises an inner filling scanning path and a frame scanning path located on an outer periphery of the inner filling scanning path;
wherein in a plurality of forming layers forming the inclined surface, at least one layer to be formed has a suspended area protruding from a layer already formed and a non- suspended aera,
the frame scanning path comprises
a first path and a second path, the first path corresponds to the non-suspended area and the second path corresponds to the suspended area;
based on the size of the angle of inclination, setting first process parameters for preparation for the first path, and setting second process parameters for preparation for the second path;
using laser melting deposition technique, printing layer by layer based on the set process parameters for preparation to form the forming part with the cantilever structure;
wherein an energy density in the first process parameters for preparation is smaller than an energy density in the second process parameters for preparation.
Claims 2 and 10 identical
Claims 3 and 11 identical
Claims 4 and 12 identical
Claims 5 and 13 identical
Claims 6 and 14 identical
Claims 7 and 15 identical
Claims 8 and 16 identical
Claim 12 identical
Claim 13 identical
Claim 15 identical
Claim 16 identical
Claim 17 identical
Claim 18 identical
Claim 19 identical
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Revanur (US 20180141123 A1) in view of Tenhouten (US 20180311769 A1).
Claim 1. Revanur discloses a method of forming a forming part (219, Fig. 3) with an inclined surface, the inclined surface used for forming the forming part with the inclined surface, the inclined surface is provided with an angle of inclination, the angle of inclination is an angle defined between the inclined surface and a forming base plate (base plate 204), the angle between the inclined surface and the forming base plate is an acute angle (part 219 has an inclined surface that forms an acute angle in reference to the base plate 204, Fig. 3), the method comprising:
obtaining a model of the part to be formed, wherein the model is provided with at least one inclined surface (STL file, par. 4);
performing a layer separating and slicing process on the model along a direction perpendicular to a deposition direction, thereby forming a plurality of forming layers (instructions are generated which comprise of cross-sections of the part, par. 4); and
performing scanning path planning on each forming layer of the plurality of forming layers (scan paths are formed, par. 4, Fig. 5a-b),
wherein the scanning path, after planning, comprises an inner filling scanning path (par. 18, parameter set for non-overhangs) and a frame scanning path located on an outer periphery of the inner filling scanning path (a different parameter set for areas with overhang, par. 18),
wherein, in a plurality of forming layers forming the inclined surface, at least one layer to be formed has a suspended area protruding from a layer already formed and a non-suspended area (part 219 has portions of the part that is part of the inclined surface and parts that are parallel to the base plate, Fig. 3, see also Fig. 4a),
the frame scanning path comprises:
a first path (different parameter set for border scans, par. 71) and a second path (parameter set for areas with overhang, par. 18), the first path corresponds to the non-suspended area and the second path corresponds to the suspended area;
based on the size of the angle of inclination, setting first process parameters for the first path and setting second process parameters for the second path (parameter sets are determined based on an analysis of the geometry of the part, i.e. overhang, par. 71); and
using a laser melting deposition technique, printing the forming part with the inclined surface, layer by layer based on the set first and second process parameters for the first and second paths, respectively (par. 1);
Tenhouten discloses an additive manufacturing process wherein the overhangs are irradiated at a slower speed (i.e. higher energy density) in order to reduce sagging in the part (par. 103).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Revanur to incorporate the teachings of Tenhouten and reduce the scan speed when forming the overhands. Doing so would have the benefit of reducing sagging in the overhang (par. 103, Tenhouten).
Claim 9. Revanur discloses a forming part with an inclined surface (219, Fig. 3), the inclined surface is provided with an angle of inclination, the angle of inclination is an angle defined between the inclined surface and a forming base plate (base plate 204, Fig. 3), the angle between the inclined surface and the forming base plate is an acute angle (part 219 has an inclined surface that forms an acute angle in reference to the base plate 204, Fig. 3), wherein the forming part is formed by;
obtaining a model of the part to be formed, wherein the model is provided with at least one inclined surface (STL file, par. 4);
performing a layer separating and slicing process on the model along a direction perpendicular to a deposition direction, thereby forming a plurality of forming layers (instructions are generated which comprise of cross-sections of the part, par. 4); and
performing scanning path planning on each forming layer of the plurality of forming layers (scan paths are formed, par. 4, Fig. 5a-b),
wherein the scanning path, after planning, comprises an inner filling scanning path (par. 18, parameter set for non-overhangs) and a frame scanning path located on an outer periphery of the inner filling scanning path (a different parameter set for areas with overhang, par. 18),
wherein, in a plurality of forming layers forming the inclined surface, at least one layer to be formed has a suspended area protruding from a layer already formed and a non-suspended area (part 219 has portions of the part that is part of the inclined surface and parts that are parallel to the base plate, Fig. 3, see also Fig. 4a),
the frame scanning path comprises:
a first path (different parameter set for border scans, par. 71) and a second path (parameter set for areas with overhang, par. 18), the first path corresponds to the non-suspended area and the second path corresponds to the suspended area;
based on the size of the angle of inclination, setting first process parameters for the first path and setting second process parameters for the second path (parameter sets are determined based on an analysis of the geometry of the part, i.e. overhang, par. 71); and
using a laser melting deposition technique, printing the forming part with the inclined surface, layer by layer based on the set first and second process parameters for the first and second paths, respectively (par. 1);
Tenhouten discloses an additive manufacturing process wherein the overhangs are irradiated at a slower speed (i.e. higher energy density) in order to reduce sagging in the part (par. 103).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Revanur to incorporate the teachings of Tenhouten and reduce the scan speed when forming the overhands. Doing so would have the benefit of reducing sagging in the overhang (par. 103, Tenhouten).
Claims 2 and 10. Revanur in view of Tenhouten discloses the method for forming the forming part with the inclined surface according to claim 1, wherein further comprising:
setting third process parameters for the inner filling scanning path (parameter set for core scans, par. 71);
Revanur in view of Tenhouten does not disclose the wherein an energy density in the third process parameters is smaller than the energy density in the first process parameters.
Tenhouten further discloses wherein the interior scans have a high scanning rate, i.e. reduced energy density (par. 35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Revanur to incorporate the teachings of Tenhouten and increasing the scan speed when scanning the part’s interior. Doing so would have the benefit of reducing production time (par. 25, Tenhouten).
Claims 3 and 11. Revanur in view of Tenhouten discloses the method for forming the forming part with the inclined surface according to claim 2, wherein the different energy density is obtained by adjusting laser power and/or scanning rate in the process parameters (parameter sets are altered by changing laser power and scanning speed, par. 18).
Claims 4 and 12. Revanur in view of Tenhouten discloses the method for forming the forming part with the inclined surface according to claim 1, wherein: the first path and the second path are printed continuously during the forming method (scan paths may be continuous, par. 18).
Claims 5 and 13. Revanur in view of Tenhouten discloses the method for forming the forming part with the inclined surface according to claim 1, wherein: a 90o angle is provided between the inner filling scanning path in two adjacent forming layers (adjacent inner core scans are oriented 90 degs to each other, Fig. 5a and Fig. 5b, par. 87).
Claims 6 and 14. Revanur in view of Tenhouten discloses the method for forming the forming part with the inclined surface according to claim 1, wherein the scanning path planning further comprising:
planning an extending path of the second path that extends along the first path (plurality of scans at the border 238c-240c, wherein the paths may extend onto overhangs, which the controller can identify, par. 18); and
planning a displacement between the second path and the inner filling scanning path (scan paths 238c-240c are offset towards the inner filling scan path 237c, Fig. 6a);
wherein the second process parameters are set for the extending path (controller can identify areas with overhand and adjust the parameter set, par. 18).
Claims 7 and 15. Revanur in view of Tenhouten discloses the method for forming the forming part with the inclined surface according to claim 1, wherein the scanning path planning further comprising:
planning an offset displacement of the second path toward the inner filling scanning path (scan paths 238c-240c are offset towards the inner filling scan path 237c, Fig. 6a).
Claims 8 and 16. Revanur in view of Tenhouten discloses the method for forming the forming part with the inclined surface according to claim 1, wherein before performing the layer separating and slicing process on the model, the forming method further comprising:
performing allowance addition processing on the model (additional support structures for each object, Fig. 3).
Conclusion
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/SIMPSON A CHEN/Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761