DETAILED ACTION
Status of Claims
Claims 1-20 are pending.
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 .
Claim Objections
Claim 12 is objected to because of the following informalities: “the electrodes” may be more appropriately presented as “the plurality of electrodes” for consistency. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites the limitation "the electrode" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Claim 18 depends from claims 1 and 15-17 which are inclusive of multiple or a plurality of electrodes. Therefore it is unclear which singular electrode is being referred to.
Claim Rejections - 35 USC § 102
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 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, 4, 6-7 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwartz et al. (US 2007/0089993).
Regarding claim 1, Schwartz discloses a three-dimensional electrochemical printing system (abstract, [0016]) (= a three-dimensional printing device) comprising:
A container (90) filled with electrolyte (112) [0030] (Figure 5) (= a tub accommodating an electrolyte);
A substrate (92) placed in the electrolyte (112) (abstract, Figures 1, 5-6) (= a substrate placed in a state of being immersed in the electrolyte accommodated in the tub);
A printer head (230) (abstract) (= an electrode holder);
A plurality of electrodes of the printer head within multiple layers of support (e.g. 245, 250, 255, etc.) (abstract, Figures 2, 4 and 6) (= a multi-electrode module including a plurality of electrodes arranged and fixed at predetermined intervals on the electrode holder);
A milling apparatus (280) attached to the printer head (230) or z-axis actuator (286) such that the printer head can be moved vertically, relative to the substrate (92) [0047] (Figure 5) (= a driver configured to adjust movement of the multi-electrode module);
An electrical power source [0017], [0051] (= a power supply configured to supply power to the substrate and the plurality of electrodes); and
A control system for controlling the motion of the printer head and voltage/current source [0040], [0049]-[0051] (= a controller configured to control the driver and the power supply to selectively electrodeposit and stack metal ions included in the electrolyte on the substrate).
Regarding claim 4, Schwartz discloses a pressurized reservoir source [0047] (= a storage configured to store an electrolyte); and
Tubing (203) configured to supply electrolyte to the container [0053] (= an electrolyte feeder configured to supply the electrode store in the storage to the tub),
Where the printer head and layers include (= wherein the electrode holder includes):
Through apertures (236) (Figure 2) [0036] (= an inlet into which the electrolyte supplied from the electrolyte feeder flows);
Channels and apertures (222, 266, 271) formed at the bottom surface of the printer head and between electrodes (220) (= an outlet formed on a bottom surface of the electrode holder and formed between the plurality of electrodes to eject the electrolyte introduced through the inlet to the substrate);
And
Apertures (246) and plenum (241) (= an ejection flow path connecting the inlet and the outlet) (Figure 2).
Regarding claim 6, Schwartz discloses an electrical power source [0017], [0031] (Figure 1) (= a power source);
The current or voltage is applied across the counter electrode (112) and substrate (92) [0031] (= a substrate connector connecting the power source to the substrate);
A control system [0040] connecting the current or voltage supply to the electrodes (= a main connector connecting the power source to the plurality of electrodes); and
Individual electrical leads (264) such that the counter electrodes (220) can be selectively individually energized [0037] connecting the control system to the plurality of electrodes [0045] (= a sub connector connecting the main connector to each of the plurality of electrodes).
Regarding claim 7, Schwartz discloses wherein the leads (264) are provided such that the plurality of electrodes (220) are arranged in parallel to each other (Figures 2, 3I).
Regarding claim 12, Schwartz discloses a switching module with the current/voltage controlled to selectively close switches [0051].
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz et al. (US 2007/0089993) in view of Walczyk et al. (US 2019/0203370).
Regarding claim 5, Schwartz discloses a main outlet (e.g. central 222, 266 and 271) formed on a central part of a region in which the plurality of electrodes is provided (Figure 2); and
A peripheral outlet (e.g. peripheral 222, 266, 271) formed around the main outlet; and
Wherein a main inlet (e.g. central 236) connected to the main outlet is formed on a top surface of the printer head and layers and formed on the central part of the region in which the plurality of electrodes is provided (the claimed ‘region’ is not particularly narrowing), and a peripheral inlet (e.g. peripheral aperture 236) connected to the peripheral outlet is formed on a surface of the printer head.
Schwartz differs from the instant claim in that Schwartz fails to disclose the peripheral inlet is formed on a side surface of the electrode holder.
In the same or similar field of electrodepositing 3D structures [0052], Walczyk discloses a plating head (402) comprising an electrode (423) and a fluid inlet port (411) supplying electrolyte to the plating head in a controller manner (Figures 4A-4B). Walczyk demonstrates that electrolyte is fed through a side surface of the plating head and distributed to outlets onto the substrate surface [0074]. The fluid inlet port (419) for example is a quick-disconnect receptacle [0077].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to produce a device comprising an inlet formed on a side surface because in the same field of endeavor, Walczyk discloses that inlets of plating heads may also be formed on a side surface for easy access to an external reservoir.
Claim(s) 13 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz et al. (US 2007/0089993) in view of Tajiri et al. (US 2020/0190681).
Regarding claims 13 and 20, Schwartz discloses the claimed invention as applied to claims 6, 12, 15-17. Schwartz fails to disclose at least one of the plurality of electrodes includes a plurality of electrodes having bottom surface with different sizes.
In the same or similar field of electrodepositing, Tajiri discloses an electroforming apparatus (title) comprising a fluid reservoir (72) with an electrolytic fluid (74) [0025], an anode housing (84) [0026], a support frame (81) comprising multiple anodes (86) [0026] (Figures 3), the support frame moveable within the fluid reservoir such as vertically translated as indicated by arrow (101) or horizontally as indicated by arrow (103) [0030] therefore a drive is intrinsically present to carry out such movement, a power source [0029] and a controller [0029]. Tajiri discloses that the device may include multiple anodes to forming different portions and may be controlled independently [0029], [0031]. Tajiri discloses the anodes having varying anode surfaces on a bottom portion [0046] to control the electric field and therefore the deposited material (Figures 7-9) [0046]-[0051].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to produce a device comprising electrodes having bottom surface with different sizes because Tajiri discloses that the electric field at the anode may be controlled by varying the shape and size of the anode thus allowing more control over the deposited material. Additionally, Tajiri discloses the anodes connected to different switches and/or power supplies which reads on the claimed sub connector [0029].
Claim(s) 8-11, 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz et al. (US 2007/0089993) in view of Zhang et al. (CN 106191946).
Regarding claims 8-11, 14 and 19, Schwartz fails to disclose the claimed resistance element. Schwartz does disclose controlling the resistance through the layers [0016], [0030], [0036].
In the same field of 3D printing, Zhang discloses a device comprising an adjustable resistor having an adjustable value between 0 and 200 Ω [0017]. Zhang teaches that the adjustable resistor allows for the electrodes and substrate to have varying potential [0021]. Zhang teaches that when the resistance value of the adjustable resistor increase, the potential of the workpiece substrate increases, and more metal ions in the inner electrode edge region flow to the auxiliary electrode with a lower potential, resulting in fewer ions flowing to the substrate, a smaller effective deposition range and elimination of reduction of stray depositing leading to high processing accuracy [0026].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to produce a device comprising a resistance element because Zhang discloses that when an electrode is supplied with an adjustable resistor, the potential of the electrodes and substrate can be controlled resulting in high accuracy in deposition. Although Zhang discloses the adjustable resistor with the substrate, one of ordinary skill in the art would recognize that connecting the adjustable resistor with any one of the electrical elements such as the counter electrodes would also result in controlling the potential of elements along a conductive pathway. Regarding any difference between the resistance value of the resistance element and a resistance value between the bottom surface of an electrode and the substrate, the claim language is directed towards the manner of operating the claimed device and does not further structurally limit the claimed device.
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz et al. (US 2007/0089993).
Regarding claims 15-18, Schwartz discloses the claimed invention as applied above including a power supply, power source, substrate connector, main connector and sub connector. The claimed wherein the multi-electrode module is provided in a plural number is merely a duplication of parts which has no patentable significance unless a new and unexpected result is produced (MPEP § 2144.04 VI B). The claimed “second sub connector” does not require a specific connection such as an electrical connection. Therefore, the apertures (261) for example of Schwartz read on the instant second sub connector since the apertures provide access to the leads from the power source to the plurality of electrodes. The multiple electrodes are arranged in parallel (Figure 2) as applied to claim 16 according to the apertures and leads (Figures 2 and 3I). The device of Schwartz includes a switch connecting the control system, power supply, leads, etc. to the electrodes and electrode module as applied to claim 17 [0051]. There does not appear to be a first or second switch requiring multiple switches. Moreover, the mere duplication of a switch has no patentable significance unless a new and unexpected result is produced. The same rationale is applied to claim 18 since the mere duplication of a switch has no patentable significance unless a new and unexpected result is produced. Moreover, the instant claims do not specify that the claimed switching part is an electrical switching part.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tajiri et al. (US 2020/0190681).
Regarding claim 1, Tajiri discloses an electroforming apparatus (title) (= a three-dimensional forming device), comprising:
A fluid reservoir (72) with an electrolytic fluid (74) [0025] (= a tub accommodating an electrolyte);
An anode housing (84) [0026] (= an electrode holder);
A support frame (81) comprising multiple anodes (86) [0026] (Figures 3) (= a multi-electrode module including a plurality of electrodes arranged and fixed at predetermined intervals on the electrode holder)
The support frame moveable within the fluid reservoir such as vertically translated as indicated by arrow (101) or horizontally as indicated by arrow (103) [0030] therefore a drive is intrinsically present to carry out such movement (= a driver configured to adjust movement of the electrode);
A power source [0029] (= a power supply configured to supply power to the substrate and the electrode); and
A controller [0029] (= a controller configured to control the power supply to electrodeposit and stack metal ions included in the electrolyte on the substrate).
The disclosure of Tajiri differs from the instant claim in that Tajiri does not explicitly state that the controller is configured to control the driver, however, the device of Tajiri explicitly states that the support frame is moved horizontally and vertically [0026] and therefore one of ordinary skill in the art would recognize that a controller would be present in order to carry out the controlled movement as disclosed by Tajiri.
Regarding claim 2, Tajiri discloses wherein the electrodes pass through the anode housing (see Figures 4-9), and bottom surfaces of the electrodes are level with a bottom surface of the anode housing (Figure 8).
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (KR 10-1913171) in view of Tajiri et al. (US 2020/0190681).
Regarding claim 1, Kim discloses a 3D printing apparatus using selective electrochemical deposition (title) (= a three-dimensional printing device), comprising:
A plating tank (100) with an electrolyte (12) [0046] (= a tub accommodating an electrolyte);
A nozzle assembly (30) [0054] (= an electrode holder);
An electrode (42) [0035];
A driving unit (54) configured to adjust the nozzle assembly comprising the electrode [0045] (= a driver configured to adjust movement of the electrode);
A power supply unit (40) [0031] (= a power supply configured to supply power to the substrate and the electrode); and
A control unit (50) [0044] (= a controller configured to control the driver and the power supply to electrodeposit and stack metal ions included in the electrolyte on the substrate).
Kim differs from the instant claim in that Kim discloses an electrode (42) and fails to disclose a multi-electrode module including a plurality of electrodes arranged and fixed at predetermined intervals on the electrode holder.
In the same or similar field of electrodepositing, Tajiri discloses an electroforming apparatus (title) comprising, a fluid reservoir (72) with an electrolytic fluid (74) [0025], an anode housing (84) [0026], a support frame (81) comprising multiple anodes (86) [0026] (Figures 3), the support frame moveable within the fluid reservoir such as vertically translated as indicated by arrow (101) or horizontally as indicated by arrow (103) [0030] therefore a drive is intrinsically present to carry out such movement, a power source [0029] and a controller [0029]. Tajiri discloses that the device may include multiple anodes to form different portions and the anodes may be controlled independently [0029], [0031].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to produce a device comprising a multi-electrode module including a plurality of electrodes because Tajiri discloses that a device may comprise multiple anodes, controlled separately to deposit different portions onto the substrate. The multiple anodes of Tajiri provides for selective electrodeposition.
Regarding claim 2, Tajiri discloses wherein the electrodes pass through the anode housing (see Figures 4-9), and bottom surfaces of the electrodes are level with a bottom surface of the anode housing (Figure 8).
Regarding claim 3, Kim discloses a storage unit (60) [0054] and an electrolyte feeder including any of the elements along the pathway of the electrolyte (Figure 1). The nozzle of Kim has an inlet and an outlet with an inclined pathway of the nozzle (34) (Figure 3).
Conclusion
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/Stefanie S Wittenberg/Primary Examiner, Art Unit 1795