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 .
Status of Claims
This Office Action is in response to Applicant’s amendment filed on 6/17/2026.
Claims 7-14 are withdrawn. Claims 15-19 are rejoined. Claim 20 is newly added. Claims 1-20 are pending.
Response to Amendment
Applicant’s amendments have fixed the deficiencies set forth in the previous Office Action hence the respective rejections/objections have been withdrawn, except for those rejections/objections if still maintained or newly added in this Office Action.
Response to Arguments
Regarding Applicant’s arguments about rejections for “means to transmit ….” in claim 1 under 35 U.S.C § 112(a)/(b), the arguments have been fully considered and are deemed persuasive. The corresponding rejections set forth in previous Office action have been withdrawn. According to Applicant’s disclosure in [0032], the “means to transmit” is interpretated as any “means known in the art for transmitting signals from sensor to a controller”.
Regarding Applicant’s arguments about rejections for “loose build powder” in claim 1 under 35 U.S.C § 112(b), the arguments have been fully considered and are deemed persuasive. The corresponding rejection set forth in previous Office action has been withdrawn. According to Applicant’s disclosure, the “loose build powder” is interpretated as “unconsolidated build powder”.
Regarding Applicant’s arguments about rejection for claim 1 under 35 U.S.C § 103, the arguments have been fully considered. Applicant argued in substance that (1) KAWANAKA and FLORIAN have no reason to combine; (2) KAWANAKA and FLORIAN are not analogous art.
As per point (1), KAWANAKA teaches to use camera/sensor to detect a defect of metal pool, and FLORIAN teaches to use “dynamic vision sensor” to monitor a metal pool. FLORIAN’s teaching can be combined into KAWANAKA since using a “dynamic vision sensor” can help reduce data of the sensor/camer, as FLORIAN teaches in [0010].
As per point (2), KAWANAKA and FLORIAN both teach to use camera to monitor a metal pool. They are analogous art since they both direct to metal pool monitoring using a camera.
Regarding Applicant’s arguments about rejection for claim 5 under 35 U.S.C § 103, the arguments have been fully considered. Applicant argued in substance that Rotman is not analogous art with KAWANAKA-FLORIAN. Rotman teaches to send out visual alert when there is defect formed, and KAWANAKA-FLORIAN teach to take mitigation action when there is defect. They all direct to taking mitigation action when there is a defect formed, so they are analogous art.
Applicant’s arguments for other claims, which depend on the argued patentability of claim 1, are also respectfully traversed by Examiner based on the reasons recited above.
Therefore, the rejections are maintained.
Regarding Applicant’s arguments about rejoinder of claims, the arguments have been fully considered. At further consideration, claims 15-19 have been rejoined by the Office.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“means” in claim 1.
According to Applicant’s disclosure in [0032], the “means to transmit” has been interpretated as any “means known in the art for transmitting signals from sensor to a controller”.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Contingent Limitations
Claim 15 comprises contingent limitations recited in phrase “if …”. The broadest reasonable interpretation of a method claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. The conditions followed the phrase “if” may not be met, hence the corresponding steps may not be required to be conducted. Therefore, these limitations have no patentable weight. See MPEP 2111.04 (II) for details.
For continuing examination purpose, the corresponding phrase has been construed as “[[if]] in response to the controller determines that conditions [[are]] being suitable for the formation of or potential formation of defects”.
Claim Rejections - 35 USC § 112(b)
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.
Claim 1-6 and 15-20 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 pre-AIA the applicant regards as the invention.
Claim 1 recites phrase "and, optionally, the synchronous data from the at least one synchronous sensor" which renders the claim indefinite because it is unclear whether the limitation(s) following the term “optionally” are part of the claimed invention. See MPEP § 2173.05(d). For continuing examination purpose, the phrase has been construed as being deleted.
Claims 2-6, 16-17, 19 recite a limitation “at least one of …, and …”. The plain meaning of phrase “at least one of A and B” is “at least one of A and at least one of B” (for more details please see Ex parte Jung, 2016-008290 (PTAB Mar. 22, 2017) and/or SuperGuide Corp. v. DirecTV Enters., Inc., 358 F.3d 870 (Fed. Cir. 2004)). According to the disclosure of the specification, Applicant’s intended meaning of the limitation should be at least any one of the recited characteristics. For continuing examination purpose, this limitation in the claims has been construed as "at least one of …, [[and]] or …”.
Claim 15 recites phrases “and, optionally, at least one synchronous sensor” and "optionally, the at least one synchronous sensor" which renders the claim indefinite because it is unclear whether the limitation(s) following the term “optionally” are part of the claimed invention. See MPEP § 2173.05(d). For continuing examination purpose, the phrase has been construed as being deleted.
Claims 2-6 and 20 are also rejected since they depend on claim 1 and have inherited the same deficiencies. Claims 16-19 are also rejected since they depend on claim 15 and have inherited the same deficiencies
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 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.
Claims 1, 4, 6, 15, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over KAWANAKA (US 20250050586 A1, prior art of record, hereinafter as “KAWANAKA”) in view of FLORIAN (DE 102020205637 A1, prior art of record, hereinafter as “FLORIAN”).
Regarding claim 1, KAWANAKA teaches:
A laser powder bed fusion (LPBF) additive manufacturing system (apparatus 5 in FIG. 1 and [0038]), comprising:
a build plate (stage 518 in FIG. 1 and [0048]);
a build station piston configured to adjust the height of the build plate as a part is built on top of the build plate (FIG. 1 and [0049]);
a powder chamber (power chamber shown in 515 in FIG. 1 and [0048]) configured to contain loose build powder (According to Applicant’s disclosure, the “loose build powder” is interpretated as “unconsolidated build powder”), wherein the powder chamber surrounds the build plate;
a laser system (laser source 501 in FIG. 1) configured to direct a laser beam onto the loose build powder to form a melt pool, wherein when the melt pool forms a layer of the part as the melt pool solidifies (FIG. 1 and [0038, 0053]) and wherein as each layer of the part is formed the build station piston lowers the build plate and part by a predetermined distance corresponding to a desired thickness of a next layer of the part (FIG. 1 and [0049]);
a powder coater (recoater 513 in FIG. 1 and[0052]) configured to distribute additional build powder over the part after completion of each layer of the part;
a controller (controller 530 in FIG. 1);
at least one sensor configured to capture in real time during a build cycle of the LPBF additive manufacturing system data indicative of visually observable changes ([0043]: “the chamber 510 may include, for example, a camera that captures an image of the powder bed formed on the stage 518 of the additive manufacturing unit 515”; and [0055]: “the control unit 530 controls the gas supply unit 511, the exhaust mechanism 512, the material supply unit 514, the additive manufacturing unit 515, and the light beam source 501 by executing the programs stored in the storage device by the processing device. In addition, the detection results of the temperature sensor 56, the pressure sensor 57, and the oxygen sensor 58, the output of the camera, and the like are input to the control unit 530”. All these teach a sensor/camera configured to capture real time visually observable changes during a build cycle of the LPBF); and
means to transmit to the controller the data from the at least one sensor (According to Applicant’s disclosure in [0032], the “means to transmit” has been interpretated as any “means known in the art for transmitting signals from sensor to a controller”. KAWANAKA teaches in [0122]: “the monitoring information 76 includes brightness, temperature, wavelength, optical image, …”; And [0129]: “The additive manufacturing apparatus 5 acquires monitoring information during additive manufacturing while additively manufacturing the modeled object by using this recipe”. All these teach the image data captured by the camera are transmitted to the controller).;
wherein the controller is configured to process the data from the at least one sensor to determine in real time during a build cycle of the LPBF additive manufacturing system whether conditions in the LPBF additive manufacturing system are suitable for formation of or protentional formation of defects in the part ([0125]: “The defect determination unit 69 determines a defect from the monitoring information 76 according to the model generated by the data processing unit 67, …”. This teaches to process the monitoring information including image data to determine that the condition is the one wherein a defect is formed in real time during a build cycle of the LPBF); and
wherein the controller is further configured to take at least one predetermined mitigation action to mitigate the formation of or potential formation of defects in the part ([0112]: “the first machine learning unit 47 outputs a new additive manufacturing condition as a recommended recipe from a combination of a plurality of additive manufacturing conditions and defect information”).
KAWANAKA teaches all the limitations except the at least one sensor is a neuromorphic sensor configured to capture asynchronous data indicative of visually observable changes to the melt pool.
However, FLORIAN teaches in an analogous art:
at least one neuromorphic sensor configured to capture asynchronous data indicative of visually observable changes to the melt pool (FIG. 1 and [0005]: “example, the monitoring device is designed to control the process for producing the joining connection. Specifically, the monitoring device is designed to determine and/or detect imperfections and/or defects in the joining connection. In particular, the monitoring device is trained to carry out the control, verification, evaluation and/or monitoring along and/or across the joint. A material bonded joining connection is, for example, a weld or a soldered seam”; [0008]: “The monitoring device features a dynamic vision sensor. The dynamic vision sensor is also specifically referred to as an event camera, neuromorphic camera and/or silicon retina. The dynamic vision sensor has a plurality of pixels and is specifically designed to detect and/or output changes in brightness in each pixel independently and/or asynchronously from the other pixels, whereby pixels for which no change in brightness can be detected remain silent and/or do not output a signal”).
Since FLORIAN teaches to use a neuromorphic sensor to capture asynchronous visually observable changes to a melt pool, FLORIAN’s teaching can be incorporated into KAWANAKA to use a neuromorphic sensor to capture asynchronous visually observable changes to a melt pool during the LPBF process. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified KAWANAKA based on the teaching of FLORIAN, to make the system wherein the at least one sensor is a neuromorphic sensor configured to capture in real time during a build cycle of the LPBF additive manufacturing system asynchronous data indicative of visually observable changes to the melt pool, and wherein the controller is configured to process the asynchronous data from the at least one neuromorphic sensor to determine in real time during a build cycle of the LPBF additive manufacturing system whether conditions in the LPBF additive manufacturing system are suitable for formation of or protentional formation of defects in the part. One of ordinary skill in the art would have been motivated to do this modification in order to help reduce data, as FLORIAN teaches in [0010].
Regarding claim 4, KAWANAKA-FLORIAN teach(es) all the limitations of its base claim from which the claim depends on.
KAWANAKA further teaches:
the at least one predetermined mitigation action is at least one of:
notifying an operator of the formation of or potential formation of defects in the part;
changing at least one LPBF system operating parameter for at least the next layer of the build process ([0112]: “the first machine learning unit 47 outputs a new additive manufacturing condition as a recommended recipe from a combination of a plurality of additive manufacturing conditions and defect information”);
reworking all or part of a layer in which the defect was detected;
stopping the build process so the part can be reworked manually; or
stopping the build process so the part can be scrapped.
Regarding claim 6, KAWANAKA-FLORIAN teach(es) all the limitations of its base claim from which the claim depends on.
KAWANAKA further teaches:
changing at least one LPBF additive manufacturing system operating parameter for at least the next layer of the build process includes changing at least one of laser beam power, laser beam velocity, laser beam spot size, build plate temperature, layer thickness ([0112]: “the first machine learning unit 47 outputs a new additive manufacturing condition as a recommended recipe from a combination of a plurality of additive manufacturing conditions and defect information”; and [0114]: “The recipe 75 includes a heat source output, a scanning speed, a scanning line interval, and a stacking thickness, which are control factors for filling the inside of the modeled object”), laser hatch distance, laser hatch delay time, or laser hatch stripe width.
Claim 15 recites a method comprising operational steps conducted by the LPBF system of claim 1 with patentably similar limitations. Therefore, claim 15 is rejected for the same reason recited in the rejection of claim 1.
Regarding claim 16, KAWANAKA-FLORIAN teach(es) all the limitations of its base claim from which the claim depends on.
KAWANAKA further teaches:
the selected LPBF additive manufacturing system operating parameters include at least one of laser beam power, laser beam velocity, laser beam spot size, build plate temperature ([0042]: “The temperature sensor 56 includes a contact type temperature sensor such as a thermocouple that measures a temperature of the stage 518, and a non-contact type temperature sensor such as an infrared radiation thermometer that measures a temperature of the powder bed formed on the stage 518”), layer thickness, laser hatch distance, laser hatch delay time, or laser hatch stripe width.
Claims 17 and 19 recite a method comprising operational steps conducted by the LPBF system of claims 4 and 6 respectively with patentably similar limitations. Therefore, claims 17 and 19 are rejected for the same reason recited in the rejection of claims 4 and 6, respectively.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over KAWANAKA in view of FLORIAN, and in further view of Schwarze (US 20220194011 A1, prior art of record, hereinafter as “Schwarze”).
Regarding claim 2, KAWANAKA-FLORIAN teach(es) all the limitations of its base claim from which the claim depends on, but do not teach at least one synchronous sensor configured to capture synchronous data that includes at least one of melt pool temperature or melt pool pressure, wherein the controller is configured to process the asynchronous data from the at least one neuromorphic sensor and the synchronous data from the at least one synchronous sensor to determine whether conditions in the LPBF additive manufacturing system are suitable for formation of or protentional formation of defects in the part.
However, Schwarze teaches in an analogous art:
at least one synchronous sensor configured to capture synchronous data that includes at least one of melt pool temperature or melt pool pressure ([0010]: “The data values may be the result of a sampling of the corresponding sensor with a constant sampling rate, such that intervals between the individual data values are known and constant. The process condition may be a physical process condition and may be measured, e.g., within a process chamber of the apparatus for producing a three-dimensional work piece. Examples of process conditions that may be measured are, amongst others, a temperature within the build chamber, an oxygen content within the build chamber, an inert gas pressure, and/or a melt pool temperature”).
Since KAWANAKA teaches in [0041] a temperature sensor 56 to measure temperature to help determine the defects, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified KAWANAKA-FLORIAN based on the teaching of Schwarze, to make the system to further comprise at least one synchronous sensor configured to capture synchronous data that includes at least one of melt pool temperature, wherein the controller is configured to process the asynchronous data from the at least one neuromorphic sensor and the synchronous data from the at least one synchronous sensor to determine whether conditions in the LPBF additive manufacturing system are suitable for formation of or protentional formation of defects in the part. One of ordinary skill in the art would have been motivated to do this modification in order to help monitor the 3D printing process “online”, as Schwarze suggests in [0007].
Regarding claim 3, KAWANAKA-FLORIAN-Schwarze teach(es) all the limitations of its base claim from which the claim depends.
KAWANAKA further teaches:
the controller is further configured to process at least one of laser beam power, laser beam velocity, laser beam spot size, build plate temperature ([0042]: “The temperature sensor 56 includes a contact type temperature sensor such as a thermocouple that measures a temperature of the stage 518, and a non-contact type temperature sensor such as an infrared radiation thermometer that measures a temperature of the powder bed formed on the stage 518”), layer thickness, laser hatch distance, laser hatch delay time, or laser hatch stripe width along with the asynchronous data from the at least one neuromorphic sensor and the synchronous data from the at least one synchronous sensor to determine whether conditions in the LPBF additive manufacturing system are suitable for the formation of or protentional formation of defects in the part ([0125]: “The defect determination unit 69 determines a defect from the monitoring information 76 according to the model generated by the data processing unit 67, …”).
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over KAWANAKA in view of FLORIAN, and in further view of Rotman (US 20220288946 A1, prior art of record, hereinafter as “Rotman”).
Regarding claim 5, KAWANAKA-FLORIAN teach(es) all the limitations of its base claim from which the claim depends on, but do not teach notifying an operator of the formation of or potential formation of defects includes providing a visual or aural alert.
However, Rotman teaches in an analogous art:
notifying an operator of the formation of or potential formation of defects in the part, wherein notifying an operator of the formation of or potential formation of defects includes providing a visual or aural alert ([0077]: “the instructions 704 further comprise instructions 712 which, when executed by the processor 702, cause the processor 702 to, conditional on the likelihood of a printing defect exceeding the predetermined threshold, modify the digital image to include a visual indication of an alert and to display the digital image on a display screen (for example a monitor) for inspection”).
Since Rotman teaches to send out a visual alert when there is a defect/fault, Rotman’s teaching can be incorporated into KAWANAKA-FLORIAN to send out a visual alert when there is defect/fault. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified KAWANAKA-FLORIAN based on the teaching of Rotman, to make the system wherein the at least one predetermined mitigation action is at least one of notifying an operator of the formation of or potential formation of defects in the part, wherein notifying an operator of the formation of or potential formation of defects includes providing a visual or aural alert. One of ordinary skill in the art would have been motivated to do this modification it can help facilitate a needed “inspection”, as Rotman suggests in [0077].
Claim 18 recites a method comprising operational steps conducted by the LPBF system of claim 5 with patentably similar limitations. Therefore, claim 18 is rejected for the same reason recited in the rejection of claim 5.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over KAWANAKA in view of FLORIAN, and in further view of LEE (US 20260203461 A1, hereinafter as “LEE”).
Regarding claim 20, KAWANAKA-FLORIAN teach(es) all the limitations of its base claim from which the claim depends, but do not teach the controller is further configured to provide data about conditions in the LBPF additive manufacturing system to an expert system that prescribes corrective actions to be taken in a next pass of the LBPF additive manufacturing system.
However, LEE teaches in analogous art:
to provide data about conditions in the additive manufacturing system to an expert system that prescribes corrective actions to be taken in a next pass of the additive manufacturing system ([0061]: “the meta mapper may map and provide a variety of other data, and based on this, the process expert may analyze that the pore occurring in the CT is caused by overheating, and may correct the process parameter and the tool path and may proceed with re-output”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified KAWANAKA-FLORIAN based on the teaching of LEE, to make the system wherein the controller is further configured to provide data about conditions in the LBPF additive manufacturing system to an expert system that prescribes corrective actions to be taken in a next pass of the LBPF additive manufacturing system. One of ordinary skill in the art would have been motivated to do this modification in order to help improve “production stability” in additive manufacturing, as LEE suggests in [0002-0003].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES CAI whose telephone number is (571)272-7192. The examiner can normally be reached on M-F 8-5 EST.
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/CHARLES CAI/
Primary Patent Examiner, Art Unit 2115