DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions and Status of Claims
Applicant’s election of Invention I, claims 1-9 in the reply filed on 2/26/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/26/26.
Thus, claims 1-9 are examined in this office action below.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 5-7 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2019/0070779 A1 (cited on IDS dated 6/18/25) of Chen.
As to claim 1, Chen discloses a 3D printing device for recycling powders (Chen, claim 1), reading upon a metal 3D printing device for forming a three-dimensional product from successive powder layers . Chen discloses a processing plate (3) reading upon a building platform supporting the powder and the product formed by the powder (Chen, paragraph [0024] and Fig. 3). Chen discloses a first and second powder spreading arms (51) where the two arms are arranged above the building platform and where the second powder spreading arm is spaced apart from the first powder spreading arm and where these arms are configured for moving in a direction parallel to the building platform (direction E1) to thereby be capable of spreading powder on the building platform (Chen, paragraph [0030] and Fig 3). Chen discloses where there is a gas flowing field flows from the left gas channel opening 54 to the right gas channel opening 54 along a direction C1 (Chen paragraph [0030] and Fig 3), reading upon a gas stream unit comprising a gas blowing port and a gas suction port, wherein, the gas blowing port is provided in the first powder spreading arm and the gas blowing port is configured to blow gas to the building platform, and the gas suction port is provided in the second powder spreading arm and the gas suction port is configured to suction gas. Chen discloses lasers 41 above the build platform between the two spreading arms as well as flow between the two gas channel openings 54 is controlled with a certain flow rate so that the unwanted powders 102 generated by using the lasers 103 to melt the powders 101 can be recycled (Chen, paragraph [0030] and Fig 3) reading upon a scanning module positioned above the building platform for emitting a laser to the powder between the first powder spreading arm and the second powder spreading arm, the laser solidifying the powder to form the product; wherein, the scanning module emits the laser while the first powder spreading arm spreads the powder, and the second powder spreading and moves with.
As there is a gas flow between the two spreading arms in Chen, they are capable of carrying out where the first powder spreading arm and the gas stream unit suctions smoke and dust formed by solidifying the powder. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987), see MPEP § 2114.
Chen discloses where the processing plate can be lifted and lowered as well as where both arms have powder channels that can dispense powder as well as where the apparatus can operate in both directions (Chen, paragraph [0009] and FIG. 3-4), this meets the limitation of when a powder layer is spread by the first powder spreading arm, the building platform is lowered by a distance of a layer thickness of the powder and the second powder spreading arm is reversed to move to spread another powder layer followed by the scanning module emitting laser to solidify the other powder layer, and the first powder spreading arm follows the second powder spreading arm to move thereby carrying the gas stream unit to suction smoke and dust.
As to claim 5, .Chen discloses where the powder conveying module includes two powder channels, two powder channel openings, two gas channels, and two gas channel openings where the two powder channels are disposed above the processing plate and the two powder channel openings are separately formed on a first end of the powder channels, located at two sides of the lasers, respectively, and configured to dispense the powders to the processing plate (Chen, paragraph [0006]) and Chen discloses a powder feeding step of feeding an amount of powders to at least one powder channel through at least one powder tank so that the powders are dispensed to a processing plate through a powder channel opening (Chen, paragraph [0013] and FIG. 3), meeting the limitations of the metal 3D printing device further comprises a powder supplying unit, the first powder spreading arm is provided with a powder discharging unit and the second powder spreading arm is provided with another powder discharging unit, the powder supplying unit is configured for supplying the powder to the powder discharging units of the first powder spreading arm and the second powder spreading arm, the powder discharging units of the first powder spreading arm and the second powder spreading arm are configured for controlling the powder to discharge or not and controlling an amount of the powder.
As to claim 6, Chen discloses a powder feeding step of feeding an amount of powders to at least one powder channel through at least one powder tank so that the powders are dispensed to a processing plate through a powder channel opening; a powder flattening step of moving the powder channel opening to drive at least one scraper disposed on the powder channel opening to flatten the powders on the processing plate and where the scrapers are on each of the powder channel openings (Chen, paragraph [0013] and FIG. 3), meeting the claim limitations wherein the first powder spreading arm is provided with a blade, the second powder spreading arm is provided with another blade, the blades of the first powder spreading arm and the second powder spreading arm are both extended along a direction perpendicular to the direction of powder spreading and the blades are towards the building platform, the blades are configured for scraping the powder on the building platform to form the powder layer of desired thickness and flatness.
As to claim 7, Chen discloses a coaxial sensor component which includes sensing components such as a thermometer (Chen, paragraph [0026]) meeting the limitation of a thermostatic unit which is capable of increase a temperature constancy of each device inside the forming chamber. Chen discloses where the gas flowing between the two gas channel openings is filtered by an air filter (Chen, paragraph [0037]), meeting the limitation of an auxiliary purification unit which is capable of being configured to suctions smoke and dust overflowing into the forming chamber.
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.
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0070779 A1 (cited on IDS dated 6/18/25) of Chen in view of US 2019/0184463 A1 of McMurtry hereinafter ‘US463.
As to claim 2, Chen discloses a first and second powder spreading arms (51) where the two arms are arranged above the building platform and where the second powder spreading arm is spaced apart from the first powder spreading arm and where these arms are configured for moving in a direction parallel to the building platform (direction E1) to thereby be capable of spreading powder on the building platform (Chen, paragraph [0030] and Fig 3), and as the arms are configured for movement, there is an a powder spreading actuator. However, Chen does not explicitly disclose where the powder spreading actuator is connected to the first powder spreading arm and the second powder spreading arm, respectively, for driving the first powder spreading arm. and the second powder spreading arm to move back and forth in a direction of powder spreading, the powder spreading actuator is configured for adjusting a distance between the first powder spreading arm and the second powder spreading arm to adjust a printing span of the laser according to the shape of the product.
‘US463 relates to the same field of endeavor of an additive manufacturing apparatus where the apparatus includes a build chamber containing a working area, a high energy beam for consolidating material deposited in the working area in layers and a flow device for generating a gas flow across at least a part of the working area from a gas inlet to a gas outlet wherein the gas inlet and gas outlet are arranged to be movable within the build chamber (‘US463, abstract). ‘US463 teaches where the nozzle 112 and exhaust 110 are mounted in a frame 170 for independent movement in a linear direction (‘US463, paragraph [0083] and Fig. 9), meeting the limitation of a powder spreading actuator connected to the first and second spreading arms, driving the first and second powder spreading arms to move back and forth in a direction of powder spreading, and where the powder spreading actuator is capable of adjusting a printing span of the laser according to the shape of the product. ‘US463 teaches where this adjustable actuator allows for carrying out a boarder scan without requiring movement of the nozzle and exhaust (‘US463, paragraph [0070]) and this also allows for the gas inlet and gas outlet can be located closer together than for nozzles fixed either side of the build platform such that a more uniform gas flow may be achieved and debris ejected from the area being consolidated are more likely to be captured by the gas flow and carried to the gas outlet (‘US463, paragraph [0012]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add mounted the powder spreading arms in a frame for independent movement in a linear direction as taught by ‘US463 into the additive manufacturing apparatus disclosed by Chen, thereby allowing for carrying out a boarder scan without requiring movement of the nozzle and exhaust (‘US463, paragraph [0070]) and allowing for the gas inlet and gas outlet can be located closer together than for nozzles fixed either side of the build platform such that a more uniform gas flow may be achieved and debris ejected from the area being consolidated are more likely to be captured by the gas flow and carried to the gas outlet (‘US463, paragraph [0012]).
As to claim 9, Chen discloses the 3D printing device including a first and second powder spreading arm, a gas stream unit and scanning module forming a printing set and a building platform, see claim 1 rejection above. However, Chen does not disclose where there are a plurality of printing sets.
‘US463 discloses where multiple pairs of nozzles 112 and exhausts 110, each nozzle 112 and exhaust 110 mounted for motion along two perpendicular axes along with two or more laser beams (‘US463, paragraph [0080] and Fig. 8a), meeting the limitation of a plurality of printing sets. ‘US463 teaches that this allows for the object to be formed by consolidation of powder simultaneously with two or more laser beams (‘US463, paragraph [0080]), thereby increasing the speed at which the part can be built.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a second pair of nozzles and exhausts as taught by ‘US463 into the additive manufacturing apparatus disclosed by Chen, thereby allows for the object to be formed by consolidation of powder simultaneously with two or more laser beams (‘US463, paragraph [0080]), thereby increasing the speed at which the part can be built.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0070779 A1 (cited on IDS dated 6/18/25) of Chen in view of US 2016/0136730 A1 of McMurtry hereinafter ‘US730.
As to claim 3, Chen discloses where one or more lasers can be controlled so that the lasers emitted by the laser sources melt the powders on the processing plate (Chen, paragraph [0030]), meeting the claim limitation of a plurality of scanning mirror units and where each of the plurality of scanning mirror units is configured to emit the laser for solidifying the powder below thereof. However, Chen does not disclose a scanning driver and the plurality of scanning mirror units are arranged in a direction perpendicularly to the direction of powder spreading, the scanning driver is configured to drive the plurality of scanning mirror units to move in the direction of powder spreading.
‘US730 relates to the same field of endeavor of an additive manufacturing apparatus with a gas flow device for generating a gas flow across the working area (‘US730, paragraphs [0006] and [0018]). ‘US730 teaches where optical assemblies are arranged on a flow device so as to move therewith and are arranged perpendicularly to the direction of powder spreading (‘US730, paragraph [0051] and Fig. 8), meeting the claim limitation a scanning driver and the plurality of scanning mirror units are arranged in a direction perpendicularly to the direction of powder spreading, the scanning driver is configured to drive the plurality of scanning mirror units to move in the direction of powder spreading. ‘US730 teaches that multiple lasers allow for smaller width of scanning zones that enable faster scanning (‘US730, paragraph [0054]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute optical assemblies are arranged on a flow device so as to move therewith and are arranged perpendicularly to the direction of powder spreading as taught by ‘US730 into the additive manufacturing apparatus disclosed by Chen, thereby creating smaller width of scanning zones that enable faster scanning (‘US730, paragraph [0054]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0070779 A1 (cited on IDS dated 6/18/25) of Chen and US 2016/0136730 A1 of McMurtry hereinafter ‘US730 as applied to claim 3 above, and further in view of US 2023/0241687 A1 of Hao.
As to claim 4, Chen discloses where one or more lasers can be controlled so that the lasers emitted by the laser sources melt the powders on the processing plate (Chen, paragraph [0030]) and ‘US730 teaches where the lasers and their associated scanning mirrors are received inside a forming chamber (‘US730, Figs. 3 and 8). However, neither Chen nor ‘US730 explicitly disclose the scanning module further comprises a protective mirror and a blowing member, the protective mirror is configured for sealing the plurality of scanning mirror units , the blowing member is configured for blowing gas to form a gas curtain around the protective mirror to improve the cleanliness of the plurality of scanning mirror units in the forming chamber.
Hao relates to the same field of endeavor of selective laser melting apparatus (Hao, abstract). Hao teaches where the galvanometer and lenses are protected by an optical protection lens 20 (Hao, paragraph [0036] and FIG. 1), reading upon a protective mirror which seals the plurality of scanning mirror units. Hao teaches where there is an associated air blow port 24 adjacent to the optical protection lens 20 (Hao, paragraph [0036] and FIG. 1), reading upon a blowing member is configured for blowing gas to form a gas curtain around the protective mirror to improve the cleanliness of the plurality of scanning mirror units in the forming chamber. Hao teaches where the optical protection lens protects the galvanometer and lenses from damage and the air blow port blows away smoke and dust on the surface of the optical protection lens (Hao, paragraph [0036]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a optical protection lens and blow port as taught by Hao to the additive manufacturing apparatus disclosed by the combination of Chen and ‘US730, thereby protecting the galvanometer and lenses from damage blowing away smoke and dust on the surface of the optical protection lens (Hao, paragraph [0036]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0070779 A1 (cited on IDS dated 6/18/25) of Chen in view of US 2021/0046519 A1 of Go.
As to claim 8, Chen discloses the metal 3D printing device of claim 1, see claim 1 rejection above. While Chen is concerned with recycling powder (Chen, paragraph [0005]), Chen does not explicitly disclose a powder suction unit comprising a powder suction driver and a powder suction tube, the powder suction driver is configured to drive the powder suction tube to move, the powder suction tube is configured to clean up the powder unsolidified on the building platform after the product is formed.
Go relates to the same field of endeavor of additive fabrication (Go, abstract). Go teaches a depowdering system comprising a nozzle configured to direct a stream of gas onto a powder and two proximate sources of vacuum (Go, paragraph [0073] and Fig 4A), reading upon a powder suction tube that is configured to clean up powder unsolidified on the building platform after the product is formed. Go teaches where an automated gantry or robotic arm is attached to these structures to move the nozzle and vacuums over the surface of the powder bed (Go, paragraph [0073]), reading upon a powder suction driver that causes the powder suction tube to move. Go teaches that this process removes powder from around the part and allows for extraction of one or more additively fabricated parts from a powder bed (Go, paragraph [0004]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the depowdering system comprising a nozzle configured to direct a stream of gas onto a powder and two proximate sources of vacuum along with an associated robotic arm as taught by Go to the additive manufacturing apparatus disclosed in Chen, thereby removing powder from around the part and allowing for extraction of one or more additively fabricated parts from a powder bed (Go, paragraph [0004]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joshua S Carpenter whose telephone number is (571)272-2724. The examiner can normally be reached Monday - Friday 8:00 am - 5:30 pm.
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/JOSHUA S CARPENTER/Examiner, Art Unit 1733
/JOPHY S. KOSHY/Primary Examiner, Art Unit 1733