Prosecution Insights
Last updated: April 19, 2026
Application No. 18/373,585

Device and Method for Additive Component Manufacture

Final Rejection §102§103
Filed
Sep 27, 2023
Examiner
MELENDEZ, ARMAND
Art Unit
1759
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Simona AG
OA Round
2 (Final)
47%
Grant Probability
Moderate
3-4
OA Rounds
3y 4m
To Grant
89%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allow Rate
163 granted / 350 resolved
-18.4% vs TC avg
Strong +43% interview lift
Without
With
+42.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
44 currently pending
Career history
394
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
53.4%
+13.4% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 350 resolved cases

Office Action

§102 §103
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 Arguments Applicant's arguments filed 3/25/26 have been fully considered but they are not persuasive to the extent that they apply to the current rejection. The examiner appreciates the applicant’s arguments as to the differences between the instant invention and Budge, however, applicant neglects the breadth of the current claim language. The examiner reminds applicant that the claims are given their broadest reasonable interpretation, see MPEP 2111. The applicant argues that the claims require a rotary head placed on the material application unit whereas Budge discloses a rotatable material application unit on a robotic arm. However, applicant provides no reasoning as to why the robot arm cannot be considered a material application unit (a broad and vague term) since it certainly operates to apply material in use and the rotatable unit located thereon be considered a rotary head. 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. Claims 1-4, 6, 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Budge (US 2019/0202121). As to claim 1, Budge teaches a device for additively manufacturing a component, said device having a material application unit (10) which is movable along at least two axes and which has an extruder and a nozzle for applying a material strand (24, 26)[0022, Fig 2], the device comprising: a rotary head having a compressor (36) for compressing a material strand and having a heating device (18, phrased as a cure enhancer) for heating at least one material application area [0017, Fig 2], the rotary head being disposed on the material application unit and being rotatable around the nozzle [Fig 1, see the rotational arrow on the limb where 16 is attached], and a control device which is configured to control at least the rotary head [0020-0022] and the compressor [0010, 0020] and the heating device [0020]. The rotary head surrounds the nozzles as it is located all around it [Fig 2] as the compressor and heating device are on the rotary head they can be rotated or swiveled around the nozzle [0020-0022, 0017, Fig 2] the rotary head is rotatable during material application [0020-0022] and would be capable of being operated such that the compressor and heating device are aligned relative to the nozzle depending on the a path curve to be followed by the material application unit [0020-0022, Fig 2]. As to claim 2, Budge teaches the compressor has a compressor roll (38) which is rotatably mounted around a rotation axis (46), Fig 2. As to claim 3, Budge teaches the compressor is coolable and/or heatable as it would be capable of being heated or cooled by any external device and likely receives some secondary heat from the extrudate and/or the cure enhancer [0020, 0017, Fig 2]. As to claim 4, Budge teaches the heating device has a heating module for a contactless heating process (ie a laser) [0017]. As to claim 6, Budge teaches a distance detecting element for determining the distance between at least one material strand that has already been applied and a nozzle outlet [0028]. As to claim 7, Budge teaches an extruder is configured to process granulate and/or filament [0015, 0016]. Claim Rejections - 35 USC § 103 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. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Budge (US 2019/0202121) in view of Evans (US 2006/004881). As to claim 5, Budge does not explicitly state that the temperature detecting element for detecting at least the temperature of a deposited material strand. Evans teaches a 3d printing method [abstract] wherein a temperature detecting element for detecting at least the temperature of a deposited material strand is utilized in order to regulate the temperature of the nozzle and deposited material [0074]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Budge to have utilized a temperature detecting element for detecting at least the temperature of a deposited material strand, as suggested by Evans, in order to better regulate the temperature of the nozzle and the deposited material. Claim 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Budge (US 2019/0202121) in view of Mark (US 2015/0266243). As to claim 8, Budge does not explicitly state a print table on which a printing plate can be disposed or which forms the printing plate, the print table being heatable and/or having a vacuum unit for fixing the printing plate on the print table. Mark teaches a method of 3D printing fiber reinforced composite [Abstract] wherein the successive deposition occurs on print table phrased as build table (16) that forms the print plate which acts as substrate for the deposited material and can also be translated relative to the nozzle [0080, 0100, 0170, 204, Fig 1a-1c]. The print plate is heatable as it would be capable of being heated or cooled by any external device and likely receives some secondary heat from the extrudate. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Budge and included a heatable build table/plate, as suggested by Mark, in order to create a substrate for the part being built and allow for translation of the part relative to the nozzle to aid in the printing process. As to claim 11, Budge teaches control device is configured to control the rotating speed of the rotation of the rotary head around the nozzle in accordance with the movement speed of the material application unit in such a manner that the rotary head performs a full rotation around the nozzle as explained above but does not explicitly state while the material application unit traces a full winding around the component rotation axis ie the deposition is accomplished in a spiral or overlapping circle pattern. Mark teaches a method of 3D printing fiber reinforced composite [Abstract] wherein the material application unit traces a full winding around the component rotation axis phrased as circular, oval loops or “Zamboni” pattern in order to deposit and iron the component [0129, 0163]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Budge and included the material application unit traces a full winding around the component rotation axis ie the deposition is accomplished in a spiral or overlapping circle pattern, as suggested by Mark, as this pattern had proven successful at compacting/ironing the part and depositing material within 3D printing. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Budge (US 2019/0202121) in view of Mark (US 2015/0266243), as applied to claims 8 and 11 above, and in further view of Collins (“What are fixed and floating bearings in the context of linear motion?”). As to claim 9, The combination of Budge and Mark teach a translatable print table/plate as explained above but has a compensation unit for compensating thermally induced changes in dimension, the compensation unit having at least one fixed bearing and one floating bearing. Collins teaches different configurations of fixed and floating bearings and notes a plate resting on linear guides and that the use of a mix of fixed and floating bearings prevents jerky movement of the plate when translated [second section] and additionally notes that floating bearing are used to compensate for thermal expansion in contrast to fixed bearing [first section]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Budge and utilized a compensation unit with at least one fixed bearing and one floating bearing, as suggested by Collins, in order to avoid jerky translation and compensate against thermal expansion. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Budge (US 2019/0202121) in view of Burgess (US 2022/0078955). As to claim 10, Budge does not explicitly state the manufacturing chamber which is sealed against the environment. Burgess notes that 3D printing within a clean environment can “greatly reduce the time between design and use” when the application of the 3D printed part is also within a clean environment and printing within a clean environment also improves the parts recyclability [0060]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the invention of Budge and had the manufacturing chamber be sealed against the environment, ie in a clean room, as suggested by Burgess, as printing within a clean environment also improves the part’s recyclability and minimized downtime when the part was intended to be used in a clean application. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMAND MELENDEZ whose telephone number is (571)270-0342. The examiner can normally be reached 9 AM- 6 PM Monday-Friday. 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, Curtis Mayes can be reached at 571-272-1234. 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. /ARMAND MELENDEZ/Primary Examiner, Art Unit 1759
Read full office action

Prosecution Timeline

Sep 27, 2023
Application Filed
Nov 25, 2025
Non-Final Rejection — §102, §103
Mar 25, 2026
Response Filed
Apr 07, 2026
Final Rejection — §102, §103 (current)

Precedent Cases

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

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Prosecution Projections

3-4
Expected OA Rounds
47%
Grant Probability
89%
With Interview (+42.7%)
3y 4m
Median Time to Grant
Moderate
PTA Risk
Based on 350 resolved cases by this examiner. Grant probability derived from career allow rate.

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