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 .
Response to Amendment
Claim 1 is amended. Claims 1, 4 and 6-11 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed 02/23/2026, with respect to the rejection(s) of claim(s) 1, 4, and 6-11 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered but are not found persuasive. The following rejection is in view of the current amendments.
Regarding claim 1, the applicant contends that:
“Applicant respectfully submits that Saito in view of Creer fail to disclose each and every technical feature of the amended claim 1.”
This argument is moot as it is regarding current amendments. The rejection to the amended claim 1 follows in view of Buller (US 20170341183 A1).
In response to applicant's argument “Furthermore, in page 6 of the Office action, with regards to claim 1, the Office asserted that "Saito is silent to a pressure recovery pipeline configured to supply the inert gas from the chamber to the transfer device to perform pressure recovery of the vacuum container with an on-off valve that opens and closes the pressure recovery pipeline, wherein the on- off valve is configured to be closed during operation of the pump and opened after the pump stops and a first bypass pipeline that is connected to the chamber and the material tank and through which the inert gas flows, wherein the pressure recovery pipeline is connected to the material recovery pipeline and the first bypass pipeline. However, any vacuum pump would need to be able to recover atmospheric pressure. To use existing piping connections for this purpose would be an obvious choice as there are a limited number of ways to achieve this (fig.7, lines 611-613)." Applicant respectfully disagrees.
In contrast to conventional pressure restoration using a vacuum pump where there is a possibility that atmospheric pressure is introduced, the present invention places emphasis on restoring pressure inside the vacuum vessel of the transfer device using the inert gas within the chamber in order to prevent the intrusion of oxygen. This is different from the general method of simply returning the pressure to atmospheric pressure. Introducing the atmosphere during additive manufacturing may lead to the deterioration of metal powder. An important feature of the present invention is not merely restoring pressure, but restoring pressure inside the vacuum vessel of the transfer device using the inert gas within the chamber. This requires a special piping connection (the pressure recovery pipeline 9G connecting the chamber and the transfer device) and special valve control (V7). Neither Saito nor Crear teaches the technique of "intentionally refilling gas into the vacuum vessel to break the vacuum in order to maintain an inert environment." This is not a general operation of a vacuum valve, but a non-obvious method for addressing a specific technical problem (preventing the deterioration of metal materials more effectively and more efficiently).”
The examiner respectfully disagrees. The combination of Saito in view of Buller renders this limitation obvious as described in the rejection below. Further, the prior art meets the structural limitations and could be used in the manner claimed. It is well settled that the intended use of a claimed apparatus is not germane to the issue of the patentability of the claimed structure. If the prior art structure is capable of performing the claimed use then it meets the claim. In re Casey, 152 USPQ 235, 238 (CCPA 1967); In re Otto, 136 USPQ 459 (CCPA 1963).
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 1, 4 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Saito of record (US 20220118522 A1) in view of Crear of record (US 20180354208 A1) and Buller (US 20170341183 A1).
Regarding claims 1 and 4, Saito teaches an additive manufacturing apparatus (P0002) comprising: a chamber (7) that covers a build region, which is a region where a three-dimensional object is capable of being manufactured, and is filled with an inert gas (see fig.2 and P0031, chamber 11); an inert gas supplier (2A) that supplies the inert gas to the chamber (7, P0030, an inert gas supplier 21); a material recovery pipeline (8A) that is connected to the chamber (7) and through which a metal powder discharged from the chamber (7) flows (P0034, “A pair of discharge openings 311 and 313 are formed in the base 31 with the molding region R interposed therebetween, and a first discharge chute 16 and a second discharge chute 17 are provided below the discharge openings 311 and 313, respectively. Excess material fed from the discharge openings 311 and 313 is first retained in each of the first discharge chute 16 and the second discharge chute 17”); a material tank (62) in which the metal powder is stored (P0035, “the material sent from material supply unit 5”); a material replenishment pipeline (8B) that is connected to the material tank (62) and the material recovery pipeline (8B) and through which the metal powder discharged from the material tank (62) flows (fig.7, lines with reference sign 611, 612); a transfer device (61) that transfers the metal powder together with the inert gas (P0053, “ transporter 53 transports the material discharged from the chamber 11 and the material tank 52 to the highest level of the conveyance route of the material”) and comprises: a vacuum container (61A, fig.8, P0054, the vacuum conveyor 531 includes a sealed vacuum container 531a); a material suction port (61C) provided at the vacuum container (61A) and connected to the material recovery pipeline (8A, P0054, “The supply pipe 531b is connected to the chamber 11 and the material tank 52. More specifically, the supply pipe 531b is connected to the material tank 52, the first discharge chute 16, the second discharge chute 17, and the suction nozzle 18, and suctions up the material using negative pressure generated in the vacuum container 531a and sends the material to the vacuum container 531a.”); a gas discharge port (61B) provided at the vacuum container (61A) to discharge the inert gas (P0054, “The exhaust pipe 531c is connected to the ejector 533 and discharges a gas inside the vacuum container 531a to the ejector 533”); and a material discharge port (61D) provided at the vacuum container (61A) to discharge the metal powder (P0054, “material sent to the vacuum container 531a is discharged from the discharge port 531e”); a classifier (63) that removes impurities from the metal powder transferred by the transfer device (61, P0059, “The sieve 55 of the present embodiment is specifically an ultrasonic sieve, and includes a filter case 551, a mesh filter 553, and a vibration element 555, as illustrated in FIGS. 10 and 11.”); a gas discharge pipeline (9D) that is connected to the gas discharge port (61B) and the chamber (7, P0052, “it is desirable to provide a first bypass 651 connected to the chamber 11 and the material tank 52 via a coupler 622, …The first bypass 651 … are pipelines in which an inert gas can flow.”) which meets the limitation of a gas discharge pipeline comprising a first end connected to the gas discharge port and a second end connected to the chamber; and a pump (64) that is provided at the gas discharge pipeline (9D) and sends the inert gas discharged from the transfer device (61) to the chamber (7, a pump is inherently required to make the inert gas flow from the material tank to the chamber 11, P0052).
Saito teaches the transfer device further comprises a bottom cover configured to be capable of opening and closing the material discharge port (61 has 61E configured to open and close port 61D, fig.9, P0054).
Saito is silent to a pressure recovery pipeline configured to supply the inert gas from the chamber to the transfer device to perform pressure recovery of the vacuum container with an on-off valve that opens and closes the pressure recovery pipeline, wherein the on-off valve is configured to be closed during operation of the pump and opened after the pump stops and a first bypass pipeline that is connected to the chamber and the material tank and through which the inert gas flows, wherein the pressure recovery pipeline is connected to the material recovery pipeline and the first bypass pipeline. However, any vacuum pump would need to be able to recover atmospheric pressure. To use existing piping connections for this purpose would be an obvious choice as there are a limited number of ways to achieve this (fig.7, lines 611-613).
Further, Crear, in the same field of endeavor, additive manufacturing, teaches a flow valve system 186 may include one or more computer controllable valves, flow sensors, temperature sensors, pressure sensors, etc., capable of precisely controlling flow of the particular gas (P0030). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the arrangement of Crear applied to the system of Saito for the purpose of precisely controlling the flow of gas as taught by Crear (P0030).
Modified Saito is not specific to the on-off valve is configured to be closed during operation of the pump to maintain a vacuum state in the vacuum container for suctioning the metal powder and opened after the pump stops to introduce the inert gas into the vacuum container for breaking the vacuum state.
However, Buller, in the same field of endeavor, additive manufacturing, teaches that an enclosure is kept under vacuum via a pressure system or inert atmosphere by flowing gas through the chamber (P0149-150). Although Buller does not state that the vacuum can be broken by flowing of inert gas, this would be obvious to one of ordinary skill in the art as it is facilitated by the amount of gas input to the chamber and this amounts to intended use of the apparatus. Therefore, Modified Saito meets the limitation as the system is capable of performing in this manner.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have maintained a chamber in vacuum or inert gas state for the purpose of reducing exposure of the components inside of the chamber to air and/or humidity as taught by Buller (P0146).
Regarding claim 6, Saito teaches the transfer device is installed at a highest position of a transfer path of the metal powder (P0053, 53 transports material from 11 and 52 to the highest level of the conveyance route of the material).
Regarding claim 7, Saito teaches a casing that accommodates the material tank, the transfer device, and the classifier (fig.2, casing encompasses device).
Regarding claims 8-9, Saito teaches the metal powder is a titanium or aluminum material (P0072).
Regarding claim 10, Saito teaches the inert gas supplier is a gas cylinder that stores argon gas (P0046).
Regarding claim 11, Saito teaches a pump (64) but is not specific to the pump being a vane pump.
Buller teaches the pump is a vane pump (P0150).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a vane pump for the purpose of regulating the pressure in the enclosure as taught by Buller (P0150).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA H FUNK whose telephone number is (571)272-3785. The examiner can normally be reached Monday-Friday 8:00-5:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached on (571) 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICA HARTSELL FUNK/Examiner, Art Unit 1741