Prosecution Insights
Last updated: October 04, 2026
Application No. 18/371,273

DEVICES AND SYSTEMS FOR VARYING FILAMENT PATH LENGTH

Non-Final OA §102§112
Filed
Sep 21, 2023
Priority
Sep 28, 2022 — provisional 63/410,678
Examiner
SWANSON, ANDREW L
Art Unit
1745
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Markforged Inc.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
218 granted / 327 resolved
+1.7% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
351
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
24.5%
-15.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 327 resolved cases

Office Action

§102 §112
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 . 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. Election/Restrictions Applicant’s election without traverse of claims 1-8, 11-14, 23, and 25 in the reply filed on 03/19/2026 is acknowledged. Claims 9, 10, 15-22, and 24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/19/2026. 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, the “open side” and “central space” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 504a and 504b. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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. 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 Claim 2 is objected to because of the following informalities: “arranged translate along” in line 4 should read -arranged to translate along-. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-8, 11-14, 23, and 25 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. Claim 1 recites “the print head comprising: …a path length adjustment system positioned on the print head” in lines 6-14. It is unclear how the print head can “comprise” the path length adjustment system and the path length adjustment system can be positioned on the print head. Claims 2-8, 11-14, 23, and 25 are rejected as depending from an indefinite claim and failing to recite sufficient limitations to overcome the indefiniteness. Claim Rejections - 35 USC § 102 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. Claim(s) 1, 12-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Van Lent (US20220388245A1). In reference to claim 1: Van Lent discloses a three-dimensional printer for additive manufacturing of a part (abstract) comprising: a build platen (build plate 94, Fig. 1); a pre-extrusion system (filament feeding system 80, Fig. 8); a print head located downstream of the pre-extrusion system and configured to receive and deposit a filament (para 0071; Fig. 8), the print head comprising: a receiving section configured to receive the filament, the receiving section including an inlet through which the filament is threaded (Bowden tube 121, Fig. 11A); an outlet through which the filament is deposited onto the build platen or a previously added layer of a part (print head 105, Fig. 11A); a feeding mechanism constructed and arranged to feed the filament into the outlet (feeder 126, Fig. 11a); and a path length adjustment system positioned on the print head, the path length adjustment system constructed and arranged to create slack in the filament being delivered from the pre-extrusion system (decoupler 1 para 0080, Fig. 11A). In reference to claim 12: In addition to the discussion of claim 1, above, Van Lent further discloses wherein the print head further comprises a sensor constructed and arranged to measure the linear position of the path length adjustment system (para 0059, Fig. 1A-1B). In reference to claim 13: In addition to the discussion of claim 1, above, Van Lent further discloses a controller constructed and arranged to direct one or both of the feed mechanism and the pre-extruder to feed the filament to the print head (para 0020). In reference to claim 14: In addition to the discussion of claim 13, above, Van Lent further discloses wherein the controller is configured to adjust the feed rate of the printer at one or both of the pre-extrusion system and feeding mechanism based on an output from the sensor in the path length adjustment system (paras 0020, 0072). Claim(s) 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US20210221061A1). Smith discloses a device for adjusting a path length in a three-dimensional printer (abstract), comprising: a housing configured to be connected to a print head of a three-dimensional printer, the housing comprising an open side and a central space (Figs. 5-7); a sliding component constructed and arranged to translate along the open side of the housing, the sliding component having a first portion that sits within the central space and a second portion that projects away from the open side (Fig. 6 showing the housing 133 having an “open side” with the lower portion of pin 120 projecting “away” from the open side); and an inner bushing positioned within the first portion of the sliding component and having a diameter adapted to pass a filament therethrough (para 0052 discussing the sealing connector 122), the sliding component adjusting a path length of the filament in response to a pressure on the filament during a printing process (para 0052). Allowable Subject Matter Claims 2-8, 11, 25 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: After search the prior art regarded as nearest the claimed invention is Van Lent (US20220388245A1). Van Lent discloses a three-dimensional printer for additive manufacturing of a part (abstract) comprising: a build platen (build plate 94, Fig. 1); a pre-extrusion system (filament feeding system 80, Fig. 8); a print head located downstream of the pre-extrusion system and configured to receive and deposit a filament (para 0071; Fig. 8), the print head comprising: a receiving section configured to receive the filament, the receiving section including an inlet through which the filament is threaded (Bowden tube 121, Fig. 11A); an outlet through which the filament is deposited onto the build platen or a previously added layer of a part (print head 105, Fig. 11A); a feeding mechanism constructed and arranged to feed the filament into the outlet (feeder 126, Fig. 11a); and a path length adjustment system positioned on the print head, the path length adjustment system constructed and arranged to create slack in the filament being delivered from the pre-extrusion system (decoupler 1 para 0080, Fig. 11A). Van Lent further discloses a sliding element (paras 0061-0062) but fails to disclose wherein the path length adjustment system comprises a housing connected to the print head and comprising an open side and a central space; a sliding component constructed and arranged translate along the open side of the housing, the sliding component having a first portion that sits within the central space and a second portion that projects away from the open side; and an inner bushing positioned within the first portion of the sliding component and having a diameter adapted to pass a filament therethrough. The Office is unable to discern a reasonable rationale from the prior art that such features are taught, suggested, or otherwise rendered obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zinniel (US20100327479A1) O’Neil (US20150283751) Distefano (US20180339486A1) Wang (US20180154586A1) Gjovik (US20200254690A1) Manuel (US20200002121A1) De Backer (US20200047402A1) Sato (US20220176652A1) Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW L SWANSON whose telephone number is (571)272-1724. The examiner can normally be reached M-Th 0800-1900 and every other Friday 0800-1600. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phillip Tucker can be reached at (571)272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANDREW L SWANSON/ Primary Examiner, Art Unit 1745
Read full office action

Prosecution Timeline

Sep 21, 2023
Application Filed
Aug 13, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
78%
With Interview (+11.6%)
3y 2m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 327 resolved cases by this examiner. Grant probability derived from career allowance rate.

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