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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a) the limitation “the second object and the third object are built by alternately performing a building of a part of the first inclination part, a building of a part of the second inclination part, and a building of a part of the third object” as claimed in claim 46 (related to the 112a rejection); b) the limitation “… an angle between an axis connecting the first area and the second area and a main axis of the energy beam” as claimed in claim 56 (related to the 112a and 112b rejections); c) the limitation “… changing, …, the positional relationship in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus …” as claimed in claim 57; and d) the limitation, “… simultaneously changing, …, the positional relationship in a direction parallel to the rotational axis and the positional relationship in a direction perpendicular to the rotational axis between the object placing apparatus and the build apparatus …” as claimed in claim 58 (note: the building process as shown in the drawings, e.g., Figs. 16A-17D, only shows the position relationship between the object placing apparatus and the build apparatus changing in a direction perpendicular to the rotation axis, i.e., direction Y) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 42-44, 55, 57-59, 60, and 66 are objected to because of the following informalities.
Regarding claims 42-43, 55, 57-58, and 66, term “the positional relationship” is believed to be in error for - - the relative positional relationship - -
Regarding claim 44, recitation “a part of the first inclination part and a part of the first support part are built after the position change apparatus changes …” is believed to be in error for - - a part of the first inclination part and a part of the first support part are built after [[the]]a position change apparatus changes - -
Regarding claim 57, recitation “… in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in the first state, … in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in the second state” is believed to be in error for - - in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in [[the]]a first state, … in [[a]]the direction parallel to the rotational axis between the object placing apparatus and the build apparatus in [[the]]a second state - -
Regarding claims 58 and 60, term “in a direction parallel to the rotational axis” is believed to be in error for - - in [[a]]the direction parallel to the rotational axis - -
Regarding claim 59, term “a part of the end part of the second inclination angle” is believed to be in error for - - a part of the end part of the second inclination [[angle]]part - -
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 46-48 and 56 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 46 and its dependents, the specification does not provide sufficient description to support the claimed functional limitation “the second object and the third object are built by alternately performing a building of a part of the first inclination part, a building of a part of the second inclination part, and a building of a part of the third object” because:
i) according to [0130], the specification merely discloses the build system may repeat an operation for alternately building the partial inclination member RMLp, the partial inclination member RMRp, and the partial outer wall member OM, and Figs. 32-36 only show that after the building of the entire inclination members RML and RMR are completely, the outer wall member OM is started to be built;
ii) it is noted, “While there is a presumption that an adequate written description of the claimed invention is present in the specification as filed. In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976), a question as to whether a specification provides an adequate written description may arise in the context of an original claim. An original claim may lack written description support when (1) the claim defines the invention in functional language specifying a desired result but the disclosure fails to sufficiently identify how the function is performed or the result is achieved or (2) a broad genus claim is presented but the disclosure only describes a narrow species with no evidence that the genus is contemplated. See Ariad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1349-50 (Fed. Cir. 2010) (en banc). The written description requirement is not necessarily met when the claim language appears in ipsis verbis in the specification. “Even if a claim is supported by the specification, the language of the specification, to the extent possible, must describe the claimed invention so that one skilled in the art can recognize what is claimed. The appearance of mere indistinct words in a specification or a claim, even an original claim, does not necessarily satisfy that requirement.”Enzo Biochem, Inc. v. Gen-Probe, Inc., 323 F.3d 956, 968, 63 USPQ2d 1609, 1616 (Fed. Cir. 2002)”, MPEP 2163.03(V) and “Whenever the issue arises, the fundamental factual inquiry is whether the specification conveys with reasonable clarity to those skilled in the art that, as of the filing date sought, inventor was in possession of the invention as now claimed. See, e.g., Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1117 (Fed. Cir. 1991). An applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Am. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997)”, MPEP 2163.02, in this case, the specification does not provide sufficient written description identifying how the claimed functional language is achieved, e.g., the timing/location of building the part of the third object, the position relationship between the build apparatus and the support apparatus when building the part of the third object;
iii) therefore, claim 46 and its dependents are rejection as lacking written description.
Regarding claim 56, the specification does not provide sufficient written description to support the claimed limitation “the first positional relationship is a positional relationship in which an angle between an axis connecting the first area and the second area and a main axis of the energy beam is a first angle, the second positional relationship is a positional relationship in which the angle is a second angle smaller that is than the first angle” because:
i) the angle as claimed in claim 56 is disclosed at para. [0150] of the specification as a second embodiment that is shown in Figs. 38A-42, wherein the angle is formed between an axis connecting a first area of the first object BM where a first straight part RM#1 of the second object RM’ is built (see Figs. 41-42) and a second area of the first object BM where a second straight part RM#2 of the second object RM’ is built (see Figs. 41-42) and a main axis of the energy beam EL (see Fig. 41);
ii) however, as previously defined by claim 55, which claim 56 depends, the first area is the first area of the first object where the first inclination part of the second object is built and the second area is the second area of the first object where the second inclination part of the second object is built, which directs to a first embodiment as shown in Figs. 8-30B that is NOT compatible to the second embodiment as shown in Figs. 38A-42;
iii) therefore, claim 56 is rejected as lacking written description.
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.
Claims 44, 49, 53-60, 63, and 66-67 are 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.
Regarding claim 44,
I. term “the positional relationship” lacks antecedent basis and it is unclear said term refers to a positional relationship of which components, e.g., a positional relationship of the previously claimed build apparatus and the previously claimed second object in claim 40, or a positional relationship of the previously claimed second object and the previously claimed first object in claim 40;
II. in the light of the specification, recitation “a third support part is built between a part of the first support part and a part of the second support part after the position change apparatus changes the positional relationship so that the positional relationship is a third relationship that is different from the first relationship and the second relationship” is indefinite because:
i) Fig. 19B, 20B, and 21-22 and [0092-0093 and 0096], the specification discloses firstly build a part of the first inclination part (RMLp#1) and a part of the first support part (RMSp#11, Fig. 19B), secondly build a part of the second inclination part (RMRp#1) and a part of the second support part (RMSp#12, Fig. 20B), and thirdly build of a part of a third support part (RMSp#13) between the part of the first inclination part (RMLp#1) and the part of the second inclination part (RMRp#1, Figs. 21-22);
ii) limitation “a part of the first inclination part and a part of the first support part are built after the position change apparatus changes the positional relationship so that the positional relationship is a first relationship, a part of the second inclination part and a part of the second support part are built after the position change apparatus changes the positional relationship so that the positional relationship is a second relationship that is different from the first relationship” of claim 44 is consistent with the disclosure (see Figs. 19B-20B);
iii) however, limitation “a third support part is built between a part of the first support part and a part of the second support part” of claim 44 is inconsistent with the disclosure and the preciously claimed limitation of claim 44, and thus, it is unclear whether term “a third support part” refers to a) an entire third support part; or b) a part of a third support part (consistent with the disclosure), and it is further unclear whether term “a part of the first support part” refers to a) the previously claimed part of the first support part; or b) a different part of the first support part, and whether term “a part of the second support part” refers to a) the previously claimed part of the second support part; or b) a different part of the second support part.
Regarding claim 49, in the light of specification, recitation “the second object is built by alternately performing a building of a part of the first inclination part and a part of the first support part, a building of a part of the second inclination part and a second support part, and a building of a part of a third support part between the first support part and the second support” is indefinite because:
i) according to Fig. 19B, 20B, and 21-22 and [0092-0093 and 0096], the specification discloses repeating a building process of firstly build a part of the first inclination part (RMLp#1) and a part of the first support part (RMSp#11, in Fig. 19B), secondly build a part of the second inclination part (RMRp#1) and a part of the second support part (RMSp#12, Fig. 20B), and thirdly build of a part of a third support part (RMSp#13) between the part of the first inclination part (RMLp#1) and the part of the second inclination part (RMRp#1, Fig. 21-22);
ii) limitation “… a building of a part of the first inclination part and a part of the first support part” of claim 49 is consistent with the disclosure (see Fig. 19B);
iii) however, limitation “a building of a part of the second inclination part and a second support part” is inconsistent with the disclosure and the previously claimed limitation of claim 49, and thus, it is unclear whether term “a second support part” of said limitation refers to a) the previously claimed second support part (the entire second support part); or b) a part of the second support part (consistent with the disclosure);
iv) furthermore, due to the ambiguity of iii) above, limitation “a building of a part of a third support part between the first support part and the second support” is indefinite because: it is unclear whether term “the first support part” refers to a) the previously claimed first support part (the entire first support part); or b) the previously claimed part of the first support (consistent with the disclosure), and term “the second support” lacks antecedent basis and it is unclear whether term “the second support” refers to a) the previously claimed second support part (the entire second support part); or b) a part of the second support part (consistent with the disclosure); c) or a different support.
Regarding claim 53 and its dependents, it is unclear whether term “a first object” refers to a) the first object previously claimed in claim 40; or b) a different first object (it is noted that claim 53 read on the first embodiment as claimed in claim 40 and as disclosed in Figs. 8-30B and the second embodiment disclosed in Figs. 38A-42, and as explained in the 112a rejection for claim 56 above, claim 56 depends on claim 53 and directs to the second embodiment that is NOT compatible with the first embodiment as claimed in claims 40, which raises the ambiguity of claim 53).
Regarding claim 55 and its dependent, it is unclear whether term “a second object” refers to a) the second object previously claimed in claim 40; or b) a different second object (it is noted that claim 55 read on the first embodiment as claimed in claim 40 and as disclosed in Figs. 8-30B and the second embodiment disclosed in Figs. 38A-42, and as explained in the 112a rejection for claim 56 above, claim 56 depends on claim 55 and directs to the second embodiment that is NOT compatible to the first embodiment as claimed in claim 55, which raises the ambiguity of claim 55).
Regarding claim 56, in light of the specification, recitation “wherein the first positional relationship is a positional relationship in which an angle between an axis connecting the first area and the second area and a main axis of the energy beam is a first angle, the second positional relationship is a positional relationship in which the angle is a second angle smaller that is than the first angle” is indefinite because:
i) term “the first positional relationship” lacks antecedent basis, and thus, it is unclear whether said term refers to the first relationship previously claimed in claim 55 or a different first positional relationship,
ii) term “the second positional relationship” lacks antecedent basis, and thus, it is unclear whether said term refers to the second relationship previously claimed in claim 55 or a different second positional relationship;
iii) it is unclear what recitation “an axis connecting the first area and the second area” means because:
a) according to Merriam-Webster dictionary, term “axis” means a straight line with respect to which a body or figure is symmetrical;
b) the claimed first area is the first area of the first object where the first inclination part of the second object is built, i.e., a first surface BMLus as shown in Fig. 9, and the claimed second area is the second area of the second object where the second inclination part of the second object is built, i.e., a second surface BMRus as shown in Fig. 9, i.e., the line that connects the first area and the second area is not an axis defined in the ordinary meaning;
iv) as explained in the 112a rejection for claim 56 above, the specification that discloses the angle as claimed in claim 56 directs to the second embodiment that is NOT compatible with the first embodiment as claimed in claims 40 and 55, i.e., the specification does NOT provide a definition of an axis connecting the first area where the first inclination part is built and the second area where the second inclination part is built;
v) therefore, the claim language and the specification are confusing, and it is impossible to interpret the limitation of claim 56.
Regarding claim 57 and its dependents,
I. recitation “the position change apparatus includes a driving apparatus that moves at least one of the build apparatus and the object placing apparatus around a rotational axis” is indefinite because:
i) it is unclear whether a) a respective driving apparatus moves a respective one of the build apparatus and the object placing apparatus; or b) a common driving apparatus that moves each of the building apparatus and the object placing apparatus; and
ii) it is unclear whether a) a respective one of the building apparatus and the object placing apparatus moves around a respective rotational axis; or b) only the object placing apparatus around a rotational axis;
II. recitation “the first build operation includes changing, by using the position change apparatus, the positional relationship in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in the first state, the second build operation includes changing, by using the position change apparatus, the positional relationship in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in the second state” is indefinite because:
i) term “the first build operation” lacks antecedent basis and it is unclear whether said term refers to a) the build operation of building the second object above the first object previously claimed in claim 40; or b) a different build operation; (it is noted the same rejection also applies to term “the first build operation” for claims 58-59)
ii) term “the second build operation” lacks antecedent basis and it is unclear whether said term refers to a) the build operation of building the second object above the first object previously claimed in claim 40; or b) a different build operation. (it is noted the same rejection also applies to term “the second build operation” for claims 58-59).
Regarding claim 58, it is unclear whether the direction perpendicular to the rotational axis in the first state and the direction perpendicular to the rotational axis in the second state refer to a) the same direction perpendicular to the rotational axis; or b) two different directions perpendicular to the rotational axis (e.g., one is Y direction and another one is Z direction).
Regarding claim 59, recitation “a connection part that connects an end part of the first inclination part and an end part of the second inclination part is built as a part of the second object by returning the object placing apparatus to the reference position after the first and second build operations are finished, forming a melt part including a part of the end part of the first inclination part and a part of the end part of the second inclination angle that is adjacent to a part of the end part of the first inclination part, and supplying the build material to the melt part” is indefinite because:
i) due to the ambiguity of claim 53, which claim 59 depends, it is unclear whether term “the second object” in claim 59 refers to a) the second object as claimed in claim 40; or b) the second object that directs to the second embodiment as disclosed in Figs. 38A-42;
ii) term “the reference position” lacks antecedent basis and it is unclear what position said term is referred to, e.g., any previously claimed position, or a different position;
iii) it is unclear whether the two terms “a part of the end part of the first inclination part” of the recitation “forming a melt part including a part of the end part of the first inclination part and a part of the end part of the second inclination angle that is adjacent to a part of the end part of the first inclination part” refer to a) the same part of the end part of the first inclination part; or b) two different part of the end part of the first inclination part.
Regarding claim 60, recitation “the first object has a longitudinal direction in a direction parallel to the rotational axis” is indefinite because: due to the ambiguity of claim 53, which claim 60 depends, it is unclear whether term “the first object” in claim 60 refers to a) the first object as claimed in claim 40; or b) the first object that directs to the second embodiment as disclosed in Figs. 38A-42.
Regarding claim 63, recitation “the first period include a period during which a first build object that is a part of the second object is built, the second period include a period during which a second build object that is another part of the second object and that is different from the first build object is built” is indefinite because:
i) it is unclear whether term “a part of the second object” in claim 63 refers to a) the part of the second object built in the first period previously claimed in claim 60; or b) a different part of the second object; and
ii) it is unclear whether term “another part of the second object” in claim 63 refers to a) the another part of the second object built in the second period previously claimed in claim 60; or b) a different another part of the second object
Regarding claim 66, i) term “the second through-hole” lacks antecedent basis and it is unclear whether said term means a) the first through-hole previously claimed in claim 64 is a plurality of through-holes that includes a second through-hole (requires the second through-hole in claim 66 has the same structure of the through-hole in claim 64); or b) in addition to the through-hole previously claimed in claim 64, a second through-hole is provided (the second through-hole in claim 66 and the through-hole in claim 64 may have different structures); and ii) term “the third object” lacks antecedent basis and it is unclear whether said term refers to a) the previously claimed first subject in claim 40; b) the previously claimed second subject in claim 64; or c) a different subject.
Regarding claim 67, the recitation “a part of the second object is built on a first area by irradiating the first area with the energy beam after at least a part of the first area is molten by irradiating the first area of the first object with the energy beam and the at least a part of the first area molten is solidified, another part of the second object is built on a second area by irradiating the second area with the energy beam after at least a part of the second area is molten by irradiating the second area of the first object with the energy beam and the at least a part of the second area molten is solidified” is indefinite because:
i) term “the first area of the first object” lacks antecedent basis since only a first area where a part of the second object is built is previously claimed, and it is unclear whether term “the first area of the first object” means a) the previously claimed a first area where a part of the second object is built is a first area of the first object; or b) a first area where a part of the second object and the first area of the first object refer to two different areas; or c) one first area of the claimed two first area is part of the other first area of the claimed two first area;
ii) term “the second area of the first object” lacks antecedent basis since only a second area where another part of the second object is built is previously claimed, and it is unclear whether term “the second area of the first object” means a) the previously claimed a second area where another part of the second object is built is a second area of the first object; or b) a second area where another part of the second object and the second area of the first object refer to two different areas; or c) one second area of the claimed two second area is part of the other second area of the claimed two second area.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 56 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Specifically, claim 56 contains the limitation(s) that is not compatible with the first area where the first inclination part is built and the second area where the second inclination part is built as claimed in claim 55 (see explanation in the 112a rejection for claim 56 above), and thus, claim 56 fails to include all the limitations of the claim upon which is depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 40, 42-43, 45, 50-55, 57-58, 60-64, 67, 69, and 71 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MATSUDA WO2019150481A1.
Regarding claim 40, MATSUDA teaches the invention as claimed: A build system (Figs. 1-2 or 12) comprising:
a build apparatus (41, Figs. 1-2 or 12) that includes: an energy beam irradiation unit (411, Figs. 2 or 12) that emits an energy beam (EL, Figs. 2 or 12); and a material supply unit (412, Figs. 2 or 12) that supplies a build material (M, Figs. 2 or 12) to a part (MA, Figs. 2 or 12) that is irradiated with the energy beam (EL, see Fig. 2 or 12, p. 10, ll. 22-25); and
a control apparatus (7, Fig. 1) that controls the build apparatus (Fig. 2 or 12) to build a build object (ST in Fig. 21; per p. 37, ll. 1-19, the plurality of stretched structures SP of the ST in Fig. 21 is built with building directions as shown in Fig. 11 with a first set of processes of keeping the work piece W horizontally as shown in Figs. 6-10 or a second set of processes of rotation the work piece W relative to axis Y as shown in Figs. 13-20),
wherein a second object (the whole side wall of ST that comprising a first inclination part and a second inclination part, see annotated Fig. 21) is built above a first object (annotated Fig. 21), the second object includes a first inclination part (annotated Fig. 21) and a second inclination part (annotated Fig. 21), a space (a space as framed in annotated Fig. 21) is formed below the first inclination part and the second inclination part (a portion of the space is formed below the first inclination part and the second inclination part, see annotated Fig. 21), and an upper part of the space (annotated Fig. 21) is closed (by the other SPs that surround the first and second inclination parts).
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Regarding claim 42, MATSUDA further teaches a support apparatus (43, Fig. 12) that supports a structural object including the build object (ST in Fig. 21) build by the build apparatus (41, see p. 37, ll. 1-19); and a position change apparatus (44, Fig. 12) that changes a relative positional relationship between the build apparatus (41) and the support apparatus (43, see Figs. 12-13 and p. 28, l. 28 to p. 29, l. 2 and p. 30, ll. 9-18),
wherein the first inclination part (annotated Fig. 21 in claim 40; per p. 37, ll. 9-19, the plurality of stretched structures SP of the ST in Fig. 21 is built with building directions as shown in Fig. 11 with second set of processes of rotation the work piece W relative to axis Y as shown in Figs. 13-20, wherein the first inclination part may be demonstrated as SP4 in Fig. 11) is built after the position change apparatus (44) changes the positional relationship so that the positional relationship is a first relationship (Fig. 18; per p. 34, l. 33 to p. 35, l. 8, in order to build SP4 without being block by a connection part SP3, the building order is firstly building SP2 in a second relationship as show in Fig. 15, secondly building SP4 in the first relationship as shown in Fig. 18, and thirdly building SP3 in a third relationship as shown in Fig. 17), and the second inclination part (annotated Fig. 21 in claim 40; per p. 37, ll. 9-19, the plurality of stretched structures SP of the ST in Fig. 21 is built with building directions as shown in Fig. 11 with the second set of processes of rotation the work piece W relative to axis Y as shown in Figs. 13-20, wherein the second inclination part may be demonstrated as SP2 in Fig. 11) is built after the position change apparatus (44) changes the positional relationship so that the positional relationship is a second relationship (Fig. 15; per p. 34, l. 33 to p. 35, l. 8, in order to build SP4 without being block by the connection part SP3, the building order is firstly building SP2 in the second relationship as show in Fig. 15, secondly building SP4 in the first relationship as shown in Fig. 18, and thirdly building the connection part SP3 as shown in Fig. 17) that is different from the first relationship (see Figs. 15 and 18).
Regarding claim 43, MATSUDA further teaches wherein before the second object (the first inclination part and the second inclination part, see annotated Fig. 21 in claim 40) is built, the first object (annotated Fig. 21 in claim 40) is built (per p. 26, l. 11 to p. 27, l. 12, controller 7 determine an optical path for building the plurality of stretch structure SPs in order avoid the energy beam EL be blocked by an already-built SP; therefore when building ST in Fig. 21, the first object is built before the first inclination part and the second inclination part, see annotated Fig. 21 in claim 40) in a situation where the positional relationship is a third relationship (the first object is a horizontal SP that may be built as layer SL#1 in a third relationship as shown in Fig. 4) that is different from the first relationship and the second relationship (see Figs. 15 and 18).
Regarding claim 45, MATSUDA further teaches wherein the second object includes a connection part (annotated Fig. 21) that connects an end of the first inclination part (annotated Fig. 21) and an end of the second inclination part (annotated Fig. 21), the connection part (annotated Fig. 21; per p. 37, ll. 9-19, the plurality of stretched structures SP of the ST in Fig. 21 is built with building directions as shown in Fig. 11 with the second set of processes of rotation the work piece W relative to axis Y as shown in Figs. 13-20, wherein the connection part may be demonstrated as SP3 in Fig. 11) is built by forming a melt part (a motel pool MP) at the end of the first inclination part (the first inclination part in annotated Fig. 21 that may be demonstrated as SP4 in Fig. 11) and the end of the second inclination part (the second inclination part in annotated Fig. 21 that may be demonstrated as SP2 in Fig. 11) and supplying the build material (M) to the melt part (the motel pool MP in order to build SP3; per p. 34, l. 33 to p. 35, l. 8, in order to build SP4 without being block by a connection part SP3, the building order is firstly building SP2 in a second relationship as show in Fig. 15, secondly building SP4 in the first relationship as shown in Fig. 18, and thirdly building SP3 in a third relationship as shown in Fig. 17).
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Regarding claim 50, MATSUDA further teaches wherein the first inclination part (annotated Fig. 21) extends in a first direction (see annotated Fig. 21), the second inclination part (annotated Fig. 21) extends in a second direction that intersects with the first direction (see annotated Fig. 21), the first direction and the second direction (annotated Fig. 21) are directions that intersect with a gravity direction (annotated Fig. 21; also see Fig. 13 for the position of the build system relative to the floor).
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Regarding claim 51, MATSUDA further teaches wherein the first inclination part (annotated Fig. 21) extends in a first direction (see annotated Fig. 21), the second inclination part (annotated Fig. 21) extends in a second direction that intersects with the first direction (see annotated Fig. 21), the first direction and the second direction (annotation Fig. 21) are directions that intersect with a main axis of the energy beam (when the support apparatus 43 is placed horizontally and the emitting nozzle 411 is placed perpendicular to the support apparatus 43 as shown in Fig. 12, see annotated Fig. 21).
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Regarding claim 52, MATSUDA further teaches a support apparatus (43) that supports a structural object (ST in Fig. 21) including the second object (comprising the first and second inclination parts in annotated Fig. 21) built by the build apparatus (41),
wherein the first inclination part (annotated Fig. 21) extends in a first direction (annotated Fig. 21), the second inclination part (annotated Fig. 21) extends in a second direction that intersects with the first direction (see annotated Fig. 21), the first direction and the second direction (annotated Fig. 21) are directions that intersect with an upper surface (where 43 contact work piece W, see Fig. 12) of the support apparatus (43; because the first and second directions intersects with XY plan as shown in annotated Fig. 21 and the XY plane is parallel to the upper surface of 43).
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Regarding claim 53, MATSUDA further teaches an object placing apparatus (43, Fig. 12) on which a first object (the whole bottom wall of ST, Fig. 21) is placed; and a position change apparatus (comprising support drive 44 and build drive 42, see Fig. 12) that changes a relative positional relationship between the build apparatus (41) and the object placing apparatus (43, see Fig. 12 and p. 38, ll. 28-32 and p. 10, ll. 31-32) wherein the control apparatus (7) that controls the build apparatus (41) and the object placing apparatus (43).
Regarding claim 54, MATSUDA further teaches the position change apparatus (comprising support drive 44 and build drive 42, see Fig. 12) changes the relative positional relationship by moving (via support drive 44) the object placing apparatus (43) around a rotational axis (axis Y, see Figs. 13-20).
Regarding claim 55, MATSUDA further teaches wherein a second object (comprising the first and second inclination parts, see annotated Fig. 21) that connects a first area (annotated Fig. 21) of the first object (the whole bottom wall of ST, Fig. 21) and a second area (annotated Fig. 21) of the first object (the whole bottom wall of ST, Fig. 21) is built, in order to build the second object:
the first inclination part (annotated Fig. 21; per p. 37, ll. 9-19, the plurality of stretched structures SP of the ST in Fig. 21 is built with building directions as shown in Fig. 11 with the second set of processes of rotation the work piece W relative to axis Y as shown in Figs. 13-20, wherein the first inclination part may be demonstrated as SP4 in Fig. 11) is built on the first area (see annotated Fig. 21) by irradiating the first area (at the connecting location in annotated Fig. 21) with the energy beam (EL, demonstrated in Fig. 18) after the position change apparatus (44) changes the positional relationship so that the positional relationship is a first relationship (Fig. 18; per p. 34, l. 33 to p. 35, l. 8, in order to build SP4 without being block by a connection part SP3, the building order is firstly building SP2 in a second relationship as show in Fig. 14-15, secondly building SP4 in the first relationship as shown in Fig. 18, and thirdly building SP3 in a third relationship as shown in Fig. 17); and
the second inclination part (annotated Fig. 21; per p. 37, ll. 1-19, the plurality of stretched structures SP of the ST in Fig. 21 is built with building directions as shown in Fig. 11 with the second set of processes of rotation the work piece W relative to axis Y as shown in Figs. 13-20, wherein the second inclination part may be demonstrated as SP2 in Fig. 11) that connect the first inclination part (annotated Fig. 21) and the second area (annotated Fig. 21) is built on the first build object (the whole bottom wall of ST, Fig. 21) by irradiating the first build object (at the connecting location in annotated Fig. 21) with the energy beam (EL, demonstrated in Fig. 14) after the position change apparatus (44) changes the positional relationship so that the positional relationship is a second relationship (Fig. 15; per p. 34, l. 33 to p. 35, l. 8, in order to build SP4 without being block by the connection part SP3, the building order is firstly building SP2 in the second relationship as show in Figs. 14-15, secondly building SP4 in the first relationship as shown in Fig. 18, and thirdly building the connection part SP3 as shown in Fig. 17) that is different from the first relationship (see Figs. 14-15 and 18).
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Regarding claim 57, MATSUDA further teaches wherein the position change apparatus (comprising support drive 44 and build drive 42, see Fig. 12) includes a driving apparatus that moves at least one of the build apparatus and the object placing apparatus around a rotational axis (the build drive 42 moves the build apparatus 41 along X,Y,Z axis and the support drive 44 moves the object placing apparatus 43 around a rotational axis, axis Y, see Figs. 12 and 13-20 and p. 10, l. 31 to p. 11, l. 8),
the first build operation (in order to build the first bottom wall section, see annotated Fig. 21) includes changing, by using the position change apparatus (the build drive 42), the positional relationship in a direction (in order to build the frame belongs to the first bottom wall section extends in the direction parallel to the axis Y, see annotated Fig. 21) parallel to the rotational axis (axis Y) between the object placing apparatus (43) and the build apparatus (41) in the first state (when building the first bottom wall section),
the second build operation (in order to build the second bottom wall section, see annotated Fig. 21) includes changing, by using the position change apparatus (the build drive 42), the positional relationship in a direction (in order to build the frame belongs to the second bottom wall section extends in the direction parallel to the axis Y, see annotated Fig. 21) parallel to the rotational axis (axis Y) between the object placing apparatus (43) and the build apparatus (41) in the second state (when building the second bottom wall section).
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Regarding claim 58, MATSUDA further teaches wherein the first build operation (in order to build the first bottom wall section, see annotated Fig. 21) includes simultaneously changing, by using the position change apparatus (42), the positional relationship in a direction parallel to the rotational axis and the positional relationship in a direction perpendicular to the rotational axis (in order to build the frame belongs to the first bottom wall section simultaneously extends in the direction parallel to the axis Y and the direction perpendicular to the axis Y that aligns with axis X, see annotated Fig. 21) between the object placing apparatus (43) and the build apparatus (41) in the first state (when building the first bottom wall section),
the second build operation (in order to build the second bottom wall section, see annotated Fig. 21) includes simultaneously changing, by using the position change apparatus (44), the positional relationship in a direction parallel to the rotational axis and the positional relationship in a direction perpendicular to the rotational axis (in order to build the frame belongs to the second bottom wall section simultaneously extends in the direction parallel to the axis Y and the direction perpendicular to the axis Y that aligns with axis X, see annotated Fig. 21) between the object placing apparatus (43) and the build apparatus (41) in the second state (when building the first bottom wall section).
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Regarding claim 60, MATSUDA further teaches wherein the first object (the whole bottom wall of ST, Fig. 21) has a longitudinal direction (annotated Fig. 21) in a direction parallel to the rotational axis (axis Y).
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Regarding claim 61, MATSUDA further teaches wherein the build apparatus (41, Fig. 2) irradiates the first object (annotated Fig. 21) with the energy beam (EL, Fig. 2) while moving an irradiation position (at position that EL irradiates at) of the energy beam (EL) relative to the first object (in order to build the first and second inclination parts in annotated Fig. 21; per p. 37, ll. 1-19, the plurality of stretched structures SP of the ST in Fig. 21 is built with building directions as shown in Fig. 11 with the first set of processes of keeping the work piece W horizontally as shown in Figs. 6-10) along a predetermined direction (a predetermined direction in order to respectively build the first inclination part and the second inclination part in annotated Fig. 21),
a moving direction (D5, Fig. 11; per p. 26, l. 31 to p. 37, l. 12, the building order is first build SP2 in direction D2, second build SP4 in direction D5, and third build SP3 in direction D3 or D6) of the irradiation position in a first period (when building SP4) for building a part of the second object (the first inclination part in annotated Fig. 21 that may be demonstrated as SP4 in Fig. 11) is different from a moving direction (D2, Fig. 11; per p. 26, l. 31 to p. 37, l. 12, the building order is first build SP2 in direction D2, second build SP4 in direction D5, and third build SP3 in direction D3 or D6) of the irradiation position in a second period (when building SP2) for building another part of the second object (the second inclination part in annotated Fig. 21 that may be demonstrated as SP2 in Fig. 11).
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Regarding claim 62, MATSUDA further teaches wherein the moving direction (D5, Fig. 11) of the irradiation position (what EL irradiates) in the first period (when building SP4) is opposite to the moving direction (D2, Fig. 11; per p. 26, l. 31 to p. 37, l. 12, the building order is first build SP2 in direction D2, second build SP4 in direction D5, and third build SP3 in direction D3 or D6) of the irradiation position in the second period (when building SP2).
Regarding claim 63, MATSUDA further teaches wherein the first period (when building SP4 in Fig. 11) include a period during which a first build object (as shown in Fig. 6, each SP is built by stacking a plurality of build objects su, and thus, when building SP4, a first su1 is built) that is a part of the second object (the first inclination part in annotated Fig. 21 in claim 61 that may be demonstrated as SP4 in Fig. 11) is built, the second period (when building SP2 in Fig. 11) include a period during which a second build object (as shown in Fig. 6, each SP is built by stacking a plurality of build objects su, and thus, when building SP2, a first su1 is built) that is another part of the second object (the second inclination part in annotated Fig. 21 in claim 61 that may be demonstrated as SP2 in Fig. 11) and that is different from the first build object (the first su1 of SP4) is built.
Regarding claim 64, MATSUDA further teaches wherein the second object (the whole side wall of ST in Fig. 21) in which a through-hole (partially framed by the first and second inclination parts, see annotated Fig. 21) is formed is built.
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Regarding claim 67, MATSUDA further teaches wherein a part of the second object is built (as shown in Fig. 6, each SP is built by stacking a plurality of build objects su, and thus, at a first connection location marked in annotated Fig. 21, a part su2 of the second object is built) on a first area (comprising a su1 of the second object and a first end portion of the first object, see annotated Fig. 21) by irradiating the first area (at the surface of su1) with the energy beam (EL, see demonstration in Fig. 6) after at least a part of the first area is molten (in order to form su1 on the first end portion of the first object, EL irradiating at surface of the first end portion and provide building marital M to form molten MA, see Fig. 6 for demonstration) by irradiating the first area (the first end portion of the first object, see annotated Fig. 21) of the first object with the energy beam (EL) and the at least a part of the first area molten is solidified (to form su1, and su2 is built after su1 is formed),
another part of the second object (at a second connection location marked in annotated Fig. 21, a part su4 of the second object which is the whole side wall of ST) is built on a second area (comprising a su3 of the second object and a second end portion of the first object, see annotated Fig. 21) by irradiating the second area (at the surface of su3) with the energy beam (EL, see demonstration in Fig. 6) after at least a part of the second area is molten (in order to form su3 on the second end portion of the first object, EL irradiating at surface of the second end portion and provide building marital M to form molten MA, see Fig. 6 for demonstration) by irradiating the second area (the second end portion of the first object, see annotated Fig. 21) of the first object with the energy beam (EL) and the at least a part of the second area molten is solidified (to form su3, and su4 is built after su3 is formed).
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Regarding claim 69, MATSUDA further teaches wherein the build apparatus (41, Figs. 2 or 12) performs the additive manufacturing based on a Laser Metal Deposition (LMD) (see p. 6, ll. 30-34).
Regarding claim 71 MATSUDA teaches the invention as claimed: A build method (performed by system in Figs. 1-2 or 12) or building a build object (ST in Fig. 21; per p. 37, ll. 1-19, the plurality of stretched structures SP of the ST in Fig. 21 is built with building directions as shown in Fig. 11 with a first set of processes of keeping the work piece W horizontally as shown in Figs. 6-10 or a second set of processes of rotation the work piece W relative to axis Y as shown in Figs. 13-20) by a build apparatus (41) that includes: an energy beam irradiation unit (411, Figs. 2 or 12) that emits an energy beam (EL, Figs. 2 or 12); and a material supply unit (412, Figs. 2 or 12) that supplies a build material (M, Figs. 2 or 12) to a part (MA, Figs. 2 or 12) that is irradiated with the energy beam (EL, see Fig. 2 or 12, p. 10, ll. 22-25),
wherein
the build method includes building a second object (the whole side wall of ST that comprising a first inclination part and a second inclination part, see annotated Fig. 21) above the first object (annotated Fig. 21),
building the second object includes performing a building of a part (as shown in Fig. 6, each of the stretch structures SP is built by stacking a plurality of su, and thus, a first su1 of the first inclination part is built on the first object) of a first inclination part (annotated Fig. 21) that is connected to the first object (annotated Fig. 1) and a building of a part (as shown in Fig. 6, each of the stretch structures SP is built by stacking a plurality of su, and thus, a first su1 of the second inclination part is built on the first object) of a second inclination part (annotated Fig. 21) that is connected to the first object (annotated Fig. 21),
a space (a space as framed in annotated Fig. 21) below the first inclination part and the second inclination part (a portion of the space is formed below the first inclination part and the second inclination part, see annotated Fig. 21) facing the first object (annotated Fig. 21),
an upper part of the space (annotated Fig. 21) is closed (by the other SPs that surround the first and second inclination parts).
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Claims 40, 53, and 68 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NIITANI 20180141159.
Regarding claim 40, NIITANI teaches A build system (Fig. 2) comprising: a build apparatus (201 and 202) that includes: an energy beam irradiation unit (202) that emits an energy beam (240); and a material supply unit (201) that supplies a build material (230) to a part (where bead 260 formed, see Fig. 2) that is irradiated with the energy beam (240); and a control apparatus (a controller that performs the building process of Fig. 9) that controls the build apparatus (Fig. 2) to build a build object (250 in Figs. 8A),
wherein a second object (annotated Fig. 8A) is built above a first object (annotated Fig. 8A), the second object includes a first inclination part (an outer inclination wall, annotated Fig. 8A) and a second inclination part (an inner inclination wall, annotated Fig. 8A), a space (annotated Fig. 8A) is formed below the first inclination part and the second inclination part (see annotated Fig. 8A), and an upper part (where the second object is) of the space is closed (see annotated Fig. 8A and per [0057], 250 in Fig. 250 is a three-dimensional closed hollow structure).
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Regarding claim 53, NIITANI further teaches an object placing apparatus (220, Fig. 2) on which a first object (the first object in annotated Fig. 8A in claim 40 above) is placed; and a position change apparatus (comprising 205 in Fig. 2, a drive that moves at least one of 220 or 201/202 in a vertical and a direction aligns with the surface of 220 in order to build the three-dimensional closed hollow object 250 per [0057]) that changes a relative positional relationship between the build apparatus (201 and 202) and the object placing apparatus (220) wherein the control apparatus (the controller that performs the building process of Fig. 9) that controls the build apparatus (201 and 202) and the object placing apparatus (220, see Figs. 2 and 9).
Regarding claim 68, NIITANI further teaches wherein the first object (the first object in annotated Fig. 8A) is built and then the second object (the second object in annotated Fig. 8A) is built on the first object (see annotated Fig. 8A), a part (the part of the beam of the first object that is not processed by cutter 203, see Fig. 4 and the annotated Fig. 8A and [0042]) of the first object (annotated Fig. 8A) is built with a first build accuracy (an accuracy without processed by cutter 203) and then remaining part (the part of the beam of the first object that is processed by cutter 203, see Fig. 4 and the annotated Fig. 8A and [0042]) of the first object (annotated Fig. 8A), which includes a surface (the processed surface, see Fig. 4) on which the second object (the beam of the second object) is built (see annotated Fig. 8A), is built with a second build accuracy (an accuracy with processed by cutter 203) that is higher than the first build accuracy (more accurate laminating surface see Fig. 4 and [0042]).
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Claims 40, 64-66, and 70 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kester 20190032496.
Regarding claim 40, Kester teaches the invention as claimed: A build system (Fig. 14) comprising: a build apparatus (106) that includes: an energy beam irradiation unit (that provides laser beam 116, [0061]) that emits an energy beam (116); and a material supply unit (112) that supplies a build material (114) to a part (118) that is irradiated with the energy beam (116; see Fig. 14 and [0061]); and a control apparatus (130) that controls the build apparatus (106) to build a build object (102 in Fig. 14, which is a cap 72 in Figs. 10-13),
wherein a second object (72 is built using additive manufacturing by printing a plurality of thin layers stacked together per [0062], the second object is interpreted as a lower portion of 72 where the top layer of said lower portion of 72 forms a middle portion of 78, see annotated Figs. 13 and 10) is built above a first object (71, see [0064]), the second object includes a first inclination part (a first inclination portion is formed between the dividing line and one side of the rail face 58, see annotated Figs. 13 and 10, wherein the rail face 58 is inclined to form the airfoil shape with gradually decreasing from lower side to upper side as shown in Figs. 4-7) and a second inclination part (a second inclination portion is formed between the dividing line and the other side of the rail face 58, see annotated Figs. 13 and 10, wherein the rail face 58 is inclined to form the airfoil shape with gradually decreasing from lower side to top side as shown in Figs. 4-7),
a space (the upper part of chamber 76, see Fig. 13) is formed below the first inclination part and the second inclination part (see annotated Fig. 13 and 10), and an upper part of the space is closed (by 55 see Figs. 13 and 10).
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Regarding claim 64, Kester further teaches wherein the second object (the lower portion of 72 in annotated Figs. 13 and 10 in claim 40 above) in which a through-hole (comprising a lower portion of 78 and 77 which connects to chamber 76, see annotated Figs. 13 and 10 in claim 40 above) is formed is built.
Regarding claim 65, Kester further teaches wherein the through-hole (comprising the lower portion of 78 and 77 which connects to chamber 76, see annotated Figs. 13 and 10) is a first through-hole,
a third object (72 is built using additive manufacturing by printing a plurality of thin layers stacked together per [0062], the third object is interpreted as an upper portion of 72 where the bottom layer of said upper portion of 72 forms the middle portion of 78, see annotated Figs. 13 and 10), which covers at least a part of a surface of the second object (the solid part of the top layer of the second object, i.e., the lower portion of 72, has an upper surface that is covered by the upper portion of 71, see annotated Figs. 13 and 10) and in which a second through-hole (85 formed on rail 50, see Figs. 13 and 10) connected to the first through-hole (comprising the lower portion of 78 and 77 which connects to chamber 76, see annotated Figs. 13 and 10) is formed, is built around the second object (see annotated Figs. 13 and 10),
a shape of the first through-hole at a border between the second object and the third object (at where the top layer of the lower portion of 72, i.e., the second object, and the bottom layer of the upper portion of 72, i.e., the third object, are, the shape of 78 has a shape extending along the rail 50, see Fig. 10 and 13) is different from a shape (a shape of the outlet of passages 85, see Figs. 12-13) of the second through-hole (85 formed on rail 50, see Fig. 13) on a surface (57 or 58 in Fig. 13) of the third object (see annotated Figs. 13 and 10).
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Regarding claim 66, Kester further teaches an object placing apparatus (118, see [0061]) on which the first object (71, see [0064]) is placed; and a position change apparatus (the apparatus that lowers or raises 118, see [0061]) that changes a relative positional relationship between the build apparatus (the apparatus provides laser beam 116, see [0061]) and the object placing apparatus (118), a part of the third object (a layer of the upper portion of 72, see annotated Fig. 13 in claim 65) is built after the position change apparatus (the apparatus that lowers or raises 118, see [0061]) changes the positional relationship (in order to accommodate a new layer, see [0061]) so that the positional relationship is a predetermined relationship (each size of the new layer is predetermined by code 120 from controller, see [0061]) in which an extending direction of the second through-hole (comprising a lower portion of a second 78 and a second 77 which connects to chamber 76, the annotated Figs. 13 and 10 in claim 65 above shows a plurality of 78s and 77s) is same as a gravity direction (because 78 facing downwardly to 118 that is placed horizontally, see Fig. 14 and [0061]).
Regarding claim 70, Kester further teaches wherein a structural object (16, Fig. 8) including the second object (the lower portion of 72, see annotated Figs. 13 and 10 in claim 40 above) is a turbine blade (title).
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.
Claims 41, 44, 49, 57, and 59 are rejected under 35 U.S.C. 103 as being unpatentable over NIITANI 20180141159 in view of Sakai 20210094113.
Regarding claim 41, NIITANI does not teach wherein the first inclination part and the second inclination part are built by alternately performing a building of a part of the first inclination part and a building of a part of the second inclination part.
However, Sakai teaches the first inclination part (an outer inclination wall marked in annotated Fig. 6 formed by a plurality layers of parts 101A, also see Fig. 1) and the second inclination part (an inner inclination wall marked in annotated Fig. 6 formed by a plurality layers of parts 101B, also see Fig. 1) are built by alternately performing (the building of 101A and 101B are repeated for each layer in Fig. 1) a building of a part (101A in Fig. 6) of the first inclination part (the outer inclination wall marked in annotated Fig. 6) and a building of a part (101B in Fig. 6) of the second inclination part (the inner inclination wall marked in annotated Fig. 6).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify NIITANI with Sakai’s alternately performing a building of a part of the first inclination part and a building of a part of the second inclination part (the modification is to build NIITANI’s inclination wall using the process as taught by Sakai that results NIITANI’s inclination wall has Sakai’s plurality of layers of parts, and it is noted that any building steps and/or structure(s) requires to perform Sakai’s building process is also applied in the combination of NIITANI in view of Sakai) in order to provide a metal laminating and modeling method capable of modeling a modeled article having a favorable quality (Sakai, [0005-0006]).
Regarding claim 44, NIITANI further teaches a position change apparatus (comprising 205 in Fig. 2 to incline 220, and per [0057], 250 in Fig. 8A is a three-dimensional closed hollow object, and thus, a drive is required to move at least one of 220 or 201/202 in a vertical direction and a direction aligns with surface of 220).
NIITANI does not teach a first support part that is connected to the first inclination part; and a second support part that is connected to the second inclination part, a part of the first inclination part and a part of the first support part are built after the position change apparatus changes the positional relationship so that the positional relationship is a first relationship, a part of the second inclination part and a part of the second support part are built after the position change apparatus changes the positional relationship so that the positional relationship is a second relationship that is different from the first relationship, a third support part is built between a part of the first support part and a part of the second support part after the position change apparatus changes the positional relationship so that the positional relationship is a third relationship that is different from the first relationship and the second relationship.
However, Sakai teaches wherein a first support part (formed by a plurality of layers of parts 102A, see Figs. 1 and 8) that is connected to the first inclination part (the outer inclination wall formed by a plurality of layers of parts 101A, see Figs. 1 and 8 and annotated Fig. 6); and a second support part (formed by a plurality of layers of parts 102B, see Figs. 1 and 10) that is connected to the second inclination part (the inner inclination wall formed by a plurality of layers of parts 101B, see Figs. 1 and 10 and annotated Fig. 6),
a part (the 101A in Fig. 6) of the first inclination part (annotated Fig. 6) and a part (the 102A in Fig. 6) of the first support part (formed by the plurality of layers of parts 102A, see Fig. 8) are built after the position change apparatus (comprising a drive to incline support apparatus 2 and a drive to move build apparatus 5, see Figs. 6 and 8) changes the positional relationship (the relative position between 5 and 2) so that the positional relationship is a first relationship (5 is located at an outer location relative to 2, see Figs. 6 and 8),
a part (the 101B in Fig. 6) of the second inclination part (annotated Fig. 6) and a part (the 102B in Fig. 6) of the second support part (formed by the plurality of layers of parts 102B, see Figs. 1 and 10) are built after the position change apparatus (comprising the drive to incline support apparatus 2 and the drive to move build apparatus 5, see Figs. 6 and 8) changes the positional relationship (the relative position between 5 and 2) so that the positional relationship is a second relationship (5 is located at an inner location relative to 2, see Figs. 6 and 10) that is different from the first relationship (see Figs. 6 and 8),
a third support part (the 102C in Fig. 11) is built between a part (the 102A in Fig. 11) of the first support part and a part (the 102B in Fig. 11) of the second support part after the position change apparatus (comprising the drive to incline support apparatus 2 and the drive to move build apparatus 5, see Figs. 6 and 8) changes the positional relationship (the relative position between 5 and 2) so that the positional relationship is a third relationship (5 is located at a middle location between the outer location and the inner location relative to 2, see Fig. 11) that is different from the first relationship (see Figs. 6 and 8) and the second relationship (see Figs. 6 and 10).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide NIITANI with Sakai’s first support part, second support part, and third support part, such that
a first support part that is connected to the first inclination part; and a second support part that is connected to the second inclination part, a part of the first inclination part and a part of the first support part are built after the position change apparatus changes the positional relationship so that the positional relationship is a first relationship, a part of the second inclination part and a part of the second support part are built after the position change apparatus changes the positional relationship so that the positional relationship is a second relationship that is different from the first relationship, a third support part is built between a part of the first support part and a part of the second support part after the position change apparatus changes the positional relationship so that the positional relationship is a third relationship that is different from the first relationship and the second relationship (the modification is to build NIITANI’s inclination wall using the process as taught by Sakai that results NIITANI’s inclination wall has Sakai’s structures, and it is noted that any building steps and/or structure(s) requires to perform Sakai’s building process is also applied in the combination of NIITANI in view of Sakai)
in order to provide a metal laminating and modeling method capable of modeling a modeled article having a favorable quality (Sakai, [0005-0006]).
Regarding claim 49, NIITANI does not teach a first support part that is connected to the first inclination part; and a second support part that is connected to the second inclination part, the second object is built by alternately performing a building of a part of the first inclination part and a part of the first support part, a building of a part of the second inclination part and a second support part, and a building of a part of a third support part between the first support part and the second support.
However, Sakai teaches the object include: a first support part (formed by a plurality of layers of parts 102A, see Figs. 1 and 8) that is connected to the first inclination part (the outer inclination wall formed by a plurality of layers of parts 101A, see Figs. 1 and 8 and annotated Fig. 6); and a second support part (formed by a plurality of layers of parts 102B, see Figs. 1 and 10) that is connected to the second inclination part (the inner inclination wall formed by a plurality of layers of parts 101B, see Figs. 1 and 10 and annotated Fig. 6),
the object is built by alternately performing a building (Figs. 6 and 8) of a part (101A in Fig. 6) of the first inclination part (annotated Fig. 6) and a part (102A in Fig. 8) of the first support part (annotated Fig. 6; and the building of 101A and 102A are repeated for each layer in Fig. 1), a building (Figs. 6 and 10) of a part (101B in Fig. 6) of the second inclination part (annotated Fig. 6) and a second support part (a part 102B of the second support part, see Fig. 10; and the building of 101B and 102B are repeated for each layer in Fig. 1), and a building (Fig. 11) of a part (102C in Fig. 11) of a third support part (formed by a plurality of layers of parts 102C, see Figs. 1 and 11) between the first support part (part 102A in Fig. 11) and the second support (part 102B in Fig. 11; and the building of 102C is repeated for each layer in Fig. 1).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide NIITANI with Sakai’s first support part, second support part, and third support part, such that
a first support part that is connected to the first inclination part; and a second support part that is connected to the second inclination part, the second object is built by alternately performing a building of a part of the first inclination part and a part of the first support part, a building of a part of the second inclination part and a second support part, and a building of a part of a third support part between the first support part and the second support (the modification is to build NIITANI’s inclination wall using the process as taught by Sakai that results NIITANI’s inclination wall has Sakai’s plurality of layers of parts, and it is noted that any building steps and/or structure(s) requires to perform Sakai’s building process is also applied in the combination of NIITANI in view of Sakai)
in order to provide a metal laminating and modeling method capable of modeling a modeled article having a favorable quality (Sakai, [0005-0006]).
Regarding claim 57, NIITANI further teaches wherein the position change apparatus includes a driving apparatus (205) that moves the object placing apparatus (220) around a rotational axis (an axis of the inclination of 220, see Fig. 6A) and a drive apparatus that moves at least one of the object placing apparatus (220) or the build apparatus (201/202; per [0057], 250 in Fig. 8A is a three-dimensional closed hollow object, and thus, a drive is required to move at least one of 220 or 201/202 in a vertical direction and a direction aligns with surface of 220), the build operation (of building 250 in Fig. 8A) includes changing, by using the position change apparatus, the positional relationship (a relative position between 220 and 201/202) in a direction parallel to the rotational axis between the object placing apparatus (220) and the build apparatus (201 and 202; per [0057] in order to build the three-dimensional closed hollow object 250 in Fig. 8A, the relative position between 220 and 201/202 needs to change in a direction aligns to the surface of 220, which is formed by a combination of a direction parallel to the rotational axis of the inclination of 220 and a direction perpendicular to the rotational axis of the inclination of 220).
NIITANI does not teaches the first build operation includes changing, by using the position change apparatus, the positional relationship in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in the first state, the second build operation includes changing, by using the position change apparatus, the positional relationship in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in the second state.
However, Sakai teaches the first build operation (the first building operation to build a first layer of part 101A in Fig. 6) includes changing, by using the position change apparatus (4 and 3 in Fig. 1 and arm to move nozzle 5, [0041]), the positional relationship (the relative position between 5 and 2) in a direction parallel to the rotational axis (a rotational axis of inclination of 2, see Fig. 6; in order to form a closed shape of the first layer of part 101A, the relative position between 5 and 2 needs to change in a direction aligns to the surface MF, which is formed by a combination of a direction parallel to the rotational axis of the inclination of 220 and a direction perpendicular to the rotational axis) between the object placing apparatus (2) and the build apparatus (5) in the first state (when build the first layer of part 101B in Fig. 6),
the second build operation (the second building operation to build a first layer of part 101B in Fig. 6) includes changing, by using the position change apparatus (4 and 3 in Fig. 1 and arm to move nozzle 5, [0041]), the positional relationship (the relative position between 5 and 2) in a direction parallel to the rotational axis (a rotational axis of inclination of 2, see Fig. 6; in order to form a closed shape of the first layer of part 101A, the relative position between 5 and 2 needs to change in a direction aligns to the surface MF, which is formed by a combination of a direction parallel to the rotational axis of the inclination of 220 and a direction perpendicular to the rotational axis) between the object placing apparatus (2) and the build apparatus (5) in the second state (when build the first layer of part 101B in Fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide NIITANI with Sakai’s first build operation and second build operation, such that
the first build operation includes changing, by using the position change apparatus, the positional relationship in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in the first state, the second build operation includes changing, by using the position change apparatus, the positional relationship in a direction parallel to the rotational axis between the object placing apparatus and the build apparatus in the second state (the modification is to build NIITANI’s inclination wall using the process as taught by Sakai that results NIITANI’s inclination wall has Sakai’s plurality of layers of parts, and it is noted that any building steps and/or structure(s) requires to perform Sakai’s building process is also applied in the combination of NIITANI in view of Sakai)
in order to provide a metal laminating and modeling method capable of modeling a modeled article having a favorable quality (Sakai, [0005-0006]).
Regarding claim 59, NIITANI in view of Sakai further teaches wherein a connection part (formed by Sakai's plurality of layers of parts 102C in Sakai’s Fig. 11) that connects an end part (formed by Sakai’s plurality of layers of parts 102A in Sakai’s Fig. 11) of the first inclination part (NIITANI’s outer inclination wall marked in NIITANI’s annotated Fig. 8A in claim 40 formed by Sakai’s plurality of layers of parts 101A and Sakai’s plurality of layers of parts 102A, see Sakai’s Figs. 1 and 11) and an end part (formed by Sakai’s plurality of layers of parts 102B in Sakai’s Fig. 11) of the second inclination part (NIITANI’s inner inclination wall marked in NIITANI’s annotated Fig. 8A in claim 40 formed by Sakai’s plurality of layers of parts 101B and Sakai’s plurality of layers of parts 102B, see Sakai’s Figs. 1 and 11) is built as a part of the second object (NIITANI’s second object marked in NIITANI’s annotated Fig. 8A in claim 40 formed by Sakai’s plurality of layers of parts 101A, 102A, 102C, 102B, and 101B, see Sakai’s Figs. 1 and 11) by returning the object placing apparatus (NIITANI’ 220 in NIITANI’ Fig. 2 and Sakai’s 2 in Sakai’s Fig. 11) to the reference position (Sakai’s horizontal position as shown in Sakai’s Fig. 11) after the first and second build operations are finished (the building of Sakai’s first layer of part 101A and first layer of part 101B are finished, see Figs. 6 and 11), forming a melt part (where irradiated by NIITANI’ energy beam 240 in NIITANI’ Fig. 2) including a part (where Sakai’s first layer of part 102A is bonded with Sakai’s first layer of part 102C in Sakai’s Fig. 11) of the end part (formed by Sakai’s plurality of layers of parts 102A in Sakai’s Fig. 11) of the first inclination part (NIITANI’s outer inclination wall marked in NIITANI’s annotated Fig. 8A in claim 40 formed by Sakai’s plurality of layers of parts 101A and Sakai’s plurality of layers of parts 102A, see Sakai’s Figs. 1 and 11) and a part (where Sakai’s first layer of part 102B is bonded with Sakai’s first layer of part 102C in Sakai’s Fig. 11) of the end part (formed by Sakai’s plurality of layers of parts 102B in Sakai’s Fig. 11) of the second inclination part (NIITANI’s inner inclination wall marked in NIITANI’s annotated Fig. 8A in claim 40 formed by Sakai’s plurality of layers of parts 101B and Sakai’s plurality of layers of parts 102B, see Sakai’s Figs. 1 and 11) that is adjacent to a part of the end part of the first inclination part (see Sakai’s Fig. 11), and supplying the build material (NIITANI’ 230 in NIITANI’ Fig. 2) to the melt part (where irradiated by NIITANI’ energy beam 240 in NIITANI’ Fig. 2).
The motivation of the combination of NIITANI in view of Sakai is the same with the reason explained in the rejection of claim 57 above.
Claims 40 and 46-48 are rejected under 35 U.S.C. 103 as being unpatentable over NIITANI 20180141159 in view of Sakai 20210094113.
Note: different interpretations of a second object, a first inclination part, and a second inclination part are applied in below rejection.
Regarding claim 40, NIITANI teaches the invention as claimed: A build system (Fig. 2) comprising: a build apparatus (201 and 202) that includes: an energy beam irradiation unit (202) that emits an energy beam (240); and a material supply unit (201) that supplies a build material (230) to a part (where bead 260 formed, see Fig. 2) that is irradiated with the energy beam (240); and a control apparatus (a controller that performs the building process of Fig. 9) that controls the build apparatus (Fig. 2) to build a build object (250 in Figs. 8A),
wherein a second object (an inner inclination wall of 250 marked in annotated Fig. 8A, and per [0057], the 250 is a three-dimensional closed hollow structure) is built above a first object (220, Fig. 2), the second object is an inclination wall (see Fig. 8A), a space (annotated Fig. 8A) is formed below the second object (see annotated Fig. 8A), and an upper part (where the second object is) of the space is closed (see annotated Fig. 8A and [0057]).
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NIITANI does not teach the second object includes a first inclination part and a second inclination part, a space is formed below the first inclination part and the second inclination part.
However, Sakai teaches the second object (an inner inclination wall marked in annotated Fig. 12) includes a first inclination part (formed by a plurality of layers of parts 101B, see Figs. 1 and 12) and a second inclination part (formed by a plurality of layers of parts 102B, see Figs. 1 and 12), a space (annotated Fig. 12) is formed below the first inclination part and the second inclination part (see Fig. 12).
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide NIITANI with Sakai’s first inclination part and second inclination part, such that
the second object includes a first inclination part and a second inclination part, a space is formed below the first inclination part and the second inclination part (the modification is to build NIITANI’s inclination wall using the process as taught by Sakai that results NIITANI’s inclination wall has Sakai’s plurality of layers of parts, and it is noted that any building steps and/or structure(s) requires to perform Sakai’s building process is also applied in the combination of NIITANI in view of Sakai)
in order to provide a metal laminating and modeling method capable of modeling a modeled article having a favorable quality (Sakai, [0005-0006]).
Regarding claim 46, NIITANI in view of Sakai further teaches wherein a third object (in NIITANI’s annotated Fig. 8A that is formed by Sakai’s plurality of layers of parts 101A, 102A, and 102C as shown in Sakai’s Figs. 1 and 11) is built around the second object (in NIITANI’s annotated Fig. 8A that is formed by Sakai’s plurality of layers of parts 101B and 102B as shown in Sakai’s Figs. 1 and 11), the second object (in NIITANI’s annotated Fig. 8A that is formed by Sakai’s plurality of layers of parts 101B and 102B as shown in Sakai’s Figs. 1 and 11) and the third object (in NIITANI’s annotated Fig. 8A that is formed by Sakai’s plurality of layers of parts 101A, 102A, and 102C as shown in Sakai’s Figs. 1 and 11) are built by alternately performing (the building process of Sakai’s Figs. 6, 10 and 11 are repeated each layer of Sakai’s Fig. 1) a building (Sakai’s Fig. 6) of a part (Sakai’s first layer of part 101B in Fig. 6) of the first inclination part (formed by Sakai’s plurality of layers of parts 101B as shown in Sakai’s Figs. 1 and 11), a building (Sakai’s Fig. 10) of a part (Sakai’s first layer of part 102B in Fig. 10) of the second inclination part (formed by Sakai’s plurality of layers of parts 102B as shown in Sakai’s Figs. 1 and 11), and a building (Sakai’s Fig. 11) of a part (Sakai’s first layer of part 102C in Fig. 11) of the third object (in NIITANI’s annotated Fig. 8A that is formed by Sakai’s plurality of layers of parts 101A, 102A, and 102C as shown in Sakai’s Figs. 1 and 11).
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The motivation of the combination of NIITANI in view of Sakai is the same with the reason explained in the rejection of claim 40 above.
Regarding claim 47, NIITANI in view of Sakai further teaches wherein the third object (in NIITANI’s annotated Fig. 8A in claim 46 that is formed by Sakai’s plurality of layers of parts 101A, 102A, and 102C as shown in Sakai’s Figs. 1 and 11) includes an outer wall member (formed by Sakai’s plurality of layers of parts 101A and 102A, see Sakai’s Figs. 1 and 11) that makes an outer shape (the shape of the outer surface of NIITANI’s third object in NIITANI’s annotated Fig. 8A in claim 46, which is the outer surface formed by Sakai’s plurality of layers of parts 101A) of a structural object (NIITANI’s 250 in NIITANI’s Fig. 8A) including the second object (in NIITANI’s annotated Fig. 8A in claim 46 that is formed by Sakai’s plurality of layers of parts 101B and 102B as shown in Sakai’s Figs. 1 and 11) be a predetermined shape by covering at least a part of a surface (the surface of the second inclination part formed by Sakai’s plurality of layers of parts 102Bs, see Sakai’s Figs. 1 and 11) of the second object (in NIITANI’s annotated Fig. 8A in claim 46 that is formed by Sakai’s plurality of layers of parts 101B and 102B as shown in Sakai’s Figs. 1 and 11).
The motivation of the combination of NIITANI in view of Sakai is the same with the reason explained in the rejection of claim 40 above.
Regarding claim 48, NIITANI further teaches wherein an outer shape of an upper part (annotated Fig. 8A) of the structural object (250) is a horizontal shape (see Fig. 8A).
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Conclusion
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/JINGCHEN LIU/Examiner, Art Unit 3741