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
Claims 1 and 15 have been amended and claims 1-20 remain under consideration in the application.
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 1-5, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walter et al. (US Patent No. 6,572,805).
Regarding claim 1, Walter et al. teaches an injection molding machine (see figure 2 and abstract, which reads on the dispenser gun system as claimed) capable for controllably extruding material (i.e., a thermoplastic material in molten form or in soften form by heating, see figure 2, column 1, lines 10-20 and column 3, lines 22-34), the injection molding machine or dispenser gun system comprising: a material chamber (22, see figure 2 and column 3, lines 15-45) including a fill portion (i.e., the portion of the chamber 22, proximate the feed hopper (16, see figure 2 and column 3, lines 15-45) and a heating portion (i.e., the portion of the chamber 22, along which the heater 24 is arranged, see figure 2 and column 3, lines 15-45) wherein the fill portion is configured to receive unconsolidated material, and the heating portion (24, see figure 2 and column 3, lines 22-34) capable of softening or melting the received unconsolidated material or thermoplastic material (20, see figure 2 and column 3, lines 15-45) into melted or softened material; a nozzle (i.e., die ring 26 through which the softened or melted thermoplastic material is injected or extruded, see figure 2 and column 3, lines 20-34); and a plunger (18, see figure 2 and column 3, lines 20-34) for pushing the received unconsolidated thermoplastic material from the fill portion into the heating portion so as to displace the melted thermoplastic material in the heating portion and so as to force the softened or melted thermoplastic material into and through the nozzle to extrude the melted material (see figure 2 and column 3, lines 15-44), wherein the plunger (18) is separated from the heating portion (24) by the fill portion (see figure 2).
Regarding claim 2, Walter et al. teaches an injection molding machine capable of controllably extruding a thermoplastic material in molten form or in a soften form (see figure 2 and see column 1, lines 10-20), but fails to particularly teach the material melted to comprise unconsolidated lunar regolith as claimed, however this claimed material only constitutes a material or an article worked on upon by the claimed apparatus. Furthermore, it has been held that inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims. Also see MPEP 2115.
Regarding claim 3, Walter et al. in figure 2 shows an injection molding machine
in which the fill portion (i.e., the portion of the chamber 22, proximate the feed hopper (16, see figure 2 and column 3, lines 15-45) and the heating portion (i.e., the portion of the chamber 22, along which the heater 24 is arranged, see figure 2 and column 3, lines 15-45)) are contiguously joined to each other in the material chamber (see figure 2 shows as such).
Regarding claim 4, Walter et al. teaches an injection molding machine that is capable of extruding the softened or melted thermoplastic material in the form of a filament or bead; wherein the selection of either a filament or bead would necessarily be dictated by the selected size of nozzle opening of the die ring 26 (see figure 2).
Regarding claim 5, Walter et al. in figure 2 shows an injection molding machine in which the fill portion receives thermoplastic material feed that appears to be in granules or pellets form; and said granules or pellets form reads on or equivalent to the claimed crushed and/or powdered form.
Regarding claim 15, Walter et al. teaches an injection molding machine (see figure 2 and abstract, which reads on the dispensing system as claimed) capable of
dispensing a continuous bead of molten or softened thermoplastic material onto a surface or a mold (28,30, see figure 2 and column 3, lines 20-34), the system comprising: a chamber (22, see figure 2 and column 3, lines 15-45) having a nozzle (i.e., die ring 26 through which the softened or melted thermoplastic material is injected or extruded, see figure 2 and column 2, lines 20-34) at a first end of the chamber (see figure 2); a plunger (18, see figure 2 and column 3, lines 20-34) attachable to a shaft thereto, the shaft entering the chamber at a second end of the chamber opposite the first end (note though in figure 2, the shaft is not shown however conventionally plungers are known to be articulated by a shaft in the same manner as claimed); a receiving portion of the chamber to receive and temporarily store unconsolidated thermoplastic material in its solid state (see figure 2), the receiving portion adjacent to the plunger (see figure 2 shows as such); a heating portion (i.e., the portion of the chamber 22, along which the heater 24 is arranged, see figure 2 and column 3, lines 15-45) of the chamber between the nozzle and the receiving portion (see figure 2), the heating portion configured to receive and melt or soften the unconsolidated thermoplastic material to produce the melt or soften thermoplastic material (see figure 2, column 1, lines 10-20 and column 3, lines 22-34), wherein the plunger (18) is configured to be separated from the molten or softened thermoplastic material by the unconsolidated thermoplastic material in its solid state in the receiving portion of the chamber (see figure 2); and an actuator to move the position of the plunger (i.e., designated by double arrow sign indicating the actuated or reciprocating movement of the plunger 18 via a shaft, see figure 2) so as to push the unconsolidated thermoplastic material from the receiving portion into the heating portion to displace the unconsolidated thermoplastic material in the solid state and the molten or softened thermoplastic material in the heating portion and force the molten or softened thermoplastic material into and through the nozzle (i.e., die ring 26).
Regarding claim 16, Walter et al. teaches an injection molding machine in which the fill portion (i.e., the portion of the chamber 22, proximate the feed hopper (16, see figure 2 and column 3, lines 15-45) and the heating portion (i.e., the portion of the chamber 22, along which the heater 24 is arranged, see figure 2 and column 3, lines 15-45) are contiguously joined to each other in the material chamber (22, see figure 2
and column 3, lines 15-45).
Regarding claim 17, Walter et al. in figure 2 shows an injection molding machine in which the fill portion receives thermoplastic material feed that appears to be in granules or pellets form; and said granules or pellets form reads equivalent to the claimed crushed and/or powdered form.
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.
Claims 6, 8, 9, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Walter et al. (US Patent No. 6,572,805) in view of Grunitz (DE19818605, also see The Espacenet English Machine Translation Version “EEMTV”).
Regarding claims 6, 8, 18 and 20, Walter et al. teaches an injection molding machine in which the material chamber comprises a heating portion (24, see figure 2) but is silent as to what constitutes said heating portion, thereby failing to particularly teach a heating portion that includes a microwave susceptor material as claimed.
Grunitz teaches an injection molding machine for plastics in which the heating means is a microwave heater, see figures 1-3 and EEMTV: para [0025], [0033], [0036] and [0039]) and as such the heating portion of the material chamber necessarily includes a microwave susceptor material so as to allow the heat generated by the microwave heater to be effectively transferred and to heat the plastic material in the material chamber (also see Grunitz, figures 1-3). Grunitz also teaches that the walls of at least a part of the heating portion of the material chamber comprises microwave susceptor material (see in figure 3, how the high microwave frequency generator (42), high-frequency supply line (44) and the loop coupling (45) are connected to the coupling element (43) on the heating portion, adequately demonstrated the coupling element (43) as being microwave susceptor material, also see EEMTV: para [0033], [0036] and [0039]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the injection molding machine of Walter et al. to use a heating portion including microwave heater and microwave susceptor material as exemplified by Grunitz since using said heating portion configuration allows for a better control of the injection temperature of the plastic material being injection molded (see Grunitz, the English abstract, and EEMTV: para [0025], [0033], [0036] and [0039]).
Regarding claim 9, Walter et al. teaches an injection molding machine in which the material chamber comprises a heating portion (24, see figure 2) but is silent as to what constitutes said heating portion, thereby failing to particularly teach a heating portion that includes an induction heating.
Grunitz teaches that it is known in the art to use an induction heating in an injection molding machine to heat plastic pellets to a molten state to be extruded (see Grunitz, EEMTV: para [0002]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to
modify the apparatus of Walter et al. to use an induction heater in the heating
portion to heat the thermoplastic material to a softened state or a molten state
as exemplified by Grunitz, wherein doing so will amount to a mere selection of one heating means among the known types of heating means in the art, that is recognized to be effective for heating plastic materials used in an injection molding machine.
Claims 7,10-14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Walter et al. (US Patent No. 6,572,805) in view of Grunitz (DE19818605, also see The Espacenet English Machine Translation Version “EEMTV”) as applied to claim 6 above and further in view of Blair (US Patent No. 10,882,250).
Regarding claims 7, 10-14 and 19, Walter et al. in view of Grunitz teaches an
extruder in which the heating portion of the material chamber includes a microwave susceptor material (see in figure 3, Grunitz shows how the high microwave frequency generator (42), high-frequency supply line (44) and the loop coupling (45) are connected to the coupling element (43) on the heating portion, adequately demonstrated the coupling element (43) as being microwave susceptor material, also see Grunitz , EEMTV: para [0033], [0036] and [0039]). However, Walter et al. in view of Grunitz fails to particularly teach the following features to include: a microwave susceptor material in the form a fin, extruded melted material in the form of a filament or bead; heat conducting fins located in the heating portion of the material chamber or located between the nozzle and the heating portion, an image sensor to capture images or video of the extruded melted material, a flow controller that adjusts the flow rate of the extruded melted material based, at least in part, on the images or video captured by the image sensor, and an extruder or a dispensing gun comprising attachment points to enable it to be attached to a moveable arm or vehicle for a 3D printing or additive manufacturing process.
Blair teaches an extruder (108, Blair, figures 1, 2 and 4 and column 3, lines 54-67, column 4, lines 15-25, column 6, lines 9-42 and column 10, lines 51-67) configured for controllably extruding molten material by melting plastic granules; the extruder comprising a material receiving portion, a heating portion and a nozzle portion arranged sequentially downstream of the material receiving portion (see Blair, figure 4 and column 10, line 51-column 11, line 41), heat conducting fins (236, see Blair figure 4 and column 11, lines 13-30) located in the heating portion of the material chamber or located between the nozzle and the heating portion, wherein the heat conducting fins are configured to heat by the induction heating (see Blair, column 11, lines 13-30, also see column 6, lines 9-22), Blair also teaches a controller (112, see Blair , figures 1 and 4, and column 6, lines 9-45column 10, line 51-column 11, line 35), an image sensor to capture images or video of the extruded melted material (see Blair, column 7, lines 26-50 and column 12, line 64-67), wherein the controller (112) is configured to adjust flow rate of the extruded melted material based, at least in part, on the images or video captured by the image sensor (see column 7, lines 26-50). Blair further teaches that extruders are known to be provided with attachment points to enable attachment to a 3D printing or additive manufacturing process, thereby expanding the field of application of extruders in manufacturing. Because optimizing the extrusion operation would also be desirable in the extruder or molding machine of Walter et al. in view of Grunitz, motivation to provide an image sensor to capture images or video of the extruded melted material, a controller to control adjust flow rate of the extruded melted material based, at least in part, on the images or video captured by the image sensor, and controls the extrusion process by activating the heating portion including the fin as taught by Blair in the extruder or molding machine of Walter et al. in view of Grunitz would have been a modification obvious to one of ordinary skill in the art at the time the invention was made.
Response to Arguments
Applicant’s arguments, filed 09/10/2026, with respect to the rejection(s) of claims 1-6, 8, 15-18 and 20 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Walter et al. (US Patent No. 6,572,805).
Applicant’s principal argument regarding the rejection of the independent claims 1 and 15 is that Grunitz fails to disclose a plunger for pushing unconsolidated material "from the fill portion into the heating portion so as to displace the melted material in the heating portion and force the melted material into and through the nozzle," as required in both the independent claims 1 and 15 as amended claim 1.
Applicant’s position is agreed with, however upon further consideration of the amendment to claims 1 and 15 and the arguments filed on 09/10/2026, a new ground of rejection of said claims has been presented in the instant office action, and as presented above, Walter et al. shows substantially all aspects of the instantly
amended claims 1 and 15 to include a plunger (18) for pushing unconsolidated
thermoplastic material or molding compound ( 20) from the fill portion( i.e., the portion
of the chamber 22, proximate the feed hopper 16, see figure 2) into the heating portion (i.e., the portion of the chamber 22, along which the heater 24 is arranged, see figure 2) so as to displace the melted or softened molding material in the heating portion and force the melted material into and through the nozzle (i.e., die ring 26 through which the softened or melted thermoplastic material is injected or extruded, see figure 2). Though Grunitz has been maintained, however said reference is only relied upon to remedies the deficiencies in Walter et al. in the rejection of other dependent claims that require heating by microwave energy.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Manda (US 7,695,654), Diaconu (US 7,753,671), Dowling (US 4,802,140) and Gram (US 20220250300) are also cited in PTO-892.
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.
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/M.A/ Examiner, Art Unit 1733
/JESSEE R ROE/ Primary Examiner, Art Unit 1759
