DETAILED ACTION
In Application filed 8/21/2023, claims 1-20 are pending. Claims 1-20 are considered in current Office 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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-10, drawn to a build powder characterization system, classified in B33Y30/00.
II. Claims 11-20, drawn to a method of operating a build powder characterization system, classified in B33Y50/02.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case, process as claimed in invention II only requires system analyzing some properties of the collected build powder, whereas the system as claimed in invention I analyzes all properties of the selected build powder.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
• The inventions/groups have acquired a separate status in the art in view of their different classification
• The inventions/groups have acquired a separate status in the art due to their divergent subject matter
• The inventions/groups require a different field of search (e.g. searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
During a telephone conversation with George Romanik on 8/21/2025 a provisional election was made with traverse to prosecute the invention I, claims 1-10. Affirmation of this election must be made by applicant in replying to this Office action. Claims 11-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/21/2023 and 3/13/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1 and 3-10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 20180071821 (“Crear”).
Regarding claim 1, Crear teaches a build powder characterization system ([0019] powder material analysis system 1010) for an additive manufacturing (AM) machine ([0013] additive manufacturing system) comprising:
a build powder collection system ([0019] sample collector 1020) configured to collect build powder ([0013] system samples powder) during an AM machine build campaign ([0015] during manufacturing processing by additive manufacturing system 900);
a build powder analyzer ([0019] powder material analyzer 1040) configured to receive from the build powder collection system the collected build powder ([0019] analyzer 1040 receives material from the collector 1020), to analyze selected build powder properties ([0020] analyzer 1040 measures at least one characteristic of raw material), and to communicate to a controller data reflecting properties of the collected build powder ([0021] provide raw data 1050 to control system);
and wherein the controller is configured to process data ([0021] control system 904 further analyzes data), received from the build powder analyzer ([0021] data is provided by material analyzer 1040), reflecting properties of the collected build powder ([0020] & [0021] raw material data 1050 reflect material properties from material analyzer 1040).
Regarding claim 3, Crear teaches wherein the collected build powder is screened or filtered before being received by the build powder analyzer (Fig. 1, [0019] the powder is filtered through sieve 1030 before received by the material analyzer 1040).
Regarding claim 4, Crear teaches wherein the build powder analyzer is configured to analyze the particle size distribution or the particle shape distribution or both of the collected build powder ([0020] material analyzer 1040 measures a shape of raw material 914 and the particle size distribution of the raw material).
Regarding claim 5, Crear teaches wherein the build powder analyzer is configured to analyze the chemistry of the collected build powder ([0020] material analyzer 1040 measures morphology of raw material 914).
Regarding claim 6, Crear teaches wherein the build powder analyzer is configured to analyze the chemistry of the collected build powder ([0020] material analyzer 1040 measures morphology of raw material 914).
Regarding claim 7, Crear teaches wherein the controller is configured to determine one or more trends based on data ([0021] control system 904 determines threshold characteristic ranges based on raw material data), received from the build powder analyzer ([0021] raw material data is processed by material analyzer 1040), reflecting properties of the collected build powder ([0020] raw material data reflects properties of the powder material).
Regarding claim 8, Crear teaches wherein the controller is configured to take an action if it determines that a trend reflecting at least one property of the collected build powder indicates that the collected build powder is likely to go out of specification (Fig. 2, [0024], when a characteristic of raw material 914 falls out of specification, the data will be reported).
Regarding claim 9, Crear teaches wherein the action the controller takes if it determines that a trend reflecting at least one property of the collected build powder indicates that the collected build powder is likely to go out of specification (Fig. 2, [0024], when a characteristic of raw material 914 falls out of specification, the data will be reported) includes terminating a build campaign ([0025] the process is terminated when RM data is reported as out of specification).
Regarding claim 10, Crear teaches wherein the additive manufacturing machine is a powder bed fusion additive manufacturing machine (Fig. 1, [0017] the additive manufacturing machine is a powder bed fusion additive manufacturing machine).
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180071821 (“Crear”) in view of US 20190353569 (“Godfrey”).
Regarding claim 2, Crear teaches a recoater blade ([0015] applicator 912) pushes build powder on a build powder bed (Fig.1, applicator 912 pushes build powder 914 on top surface of chamber 910), but does not teach that the recoater blade configured to push excess build powder on a build powder bed into the build powder collection system during a recoat cycle.
Godfrey teaches a build powder characterization system ([0035] powder spreadability inspection tool 20), comprising a recoater blade ([0032] recoater) configured to push excess build powder ([0032] powder spread across the visual inspection area) on a build powder bed ([0032] the visual inspection area is on the support surface) into the build powder collection system ([0032] a support surface having a visual inspection area) during a recoat cycle ([0032] in AM process during recoating process).
Crear and Godfrey are considered to be analogous to the claimed invention because they are in the same field of build powder characterization. It would have been obvious to one with ordinary skill in the art before the effective filing date to modify the powder applicator in Crear to incorporate pushing excess powder into an inspection area as taught by Godfrey as described above, in order to assess the spreadability of powders utilized in AM processes (Godfrey, [0032]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY YU HUANG whose telephone number is (571)272-2643. The examiner can normally be reached 9:00AM - 5:00 PM EST.
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, Susan Leong can be reached at (571) 270-1487. 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.
TIFFANY YU. HUANG
Examiner
Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
Prosecution Insights