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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on August 28, 2026 has been entered.
Response to Amendment
Claims 6 and 11-12 are pending. In view of the references newly disclosed by Applicant, prosecution was reopened and a rejection including one of the newly disclosed references is presented below.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 2017/0014904) in view of Koyagi (US 20040160590), Lyckfeldt (US 2019/0308370), and Hyers (US 2022/0062998).
Regarding claim 6, Brown discloses a three-dimensional modeling apparatus for forming a three-dimensional model in material layers layered in a modeling space by repeating formation of a material layer of a powdery or pasty modeling material and irradiation of light onto said material layer (abstract, [0008-09], Fig. 2), comprising: a layer formation mechanism for forming a material layer in said modeling space (wiper 109, [0065-65], Fig. 3); an optical head for irradiating said material layer with light (scanner 106, [0065], Fig. 3); wherein said optical head comprises: a light source (laser module 105, [0060], Fig. 3); said layer formation mechanism forms a material layer toward said head moving direction (Fig. 3), and before finishing irradiation of light onto one material layer by said optical head, said layer formation mechanism starts formation of a next material layer ([0065], Fig. 3), said head moving direction of said optical head is reversible (mirrors of optical scanner 106 can reverse the direction the scanner’s target moves in, [0061]), said layer formation mechanism forms a material layer toward a reversed head moving direction which is a reversed direction of said head moving direction when said optical head moves in said reversed head moving direction (reversal in direction, with layer being added, trailing the scanning target, [0065], Fig. 3), and before said optical head finishes irradiation of light onto one material layer while moving in said reversed head moving direction, said layer formation mechanism starts formation of a next material layer toward said reversed head moving direction ([0065], Fig. 3).
Brown teaches an apparatus substantially as claimed. Brown does not disclose a head moving mechanism for moving said optical head in a head moving direction parallel to said material layer, wherein said optical head comprises: a diffractive optical modulator having a plurality of modulation elements which are linearly arranged; an illumination optical system for guiding light emitted from said light source to said optical modulator; and a projection optical system for forming a projection image of said optical modulator on said material layer and moving said projection image in a scan direction crossing a direction corresponding to an arrangement direction of said plurality of modulation elements and crossing said head moving direction by changing an orientation of a mirror.
However, in the same field of endeavor of additive manufacturing, Koyagi teaches wherein said optical head comprises: a light source (light source 31, [0036], Figs. 1, 12); a diffractive optical modulator (light modulator element 32a, [0075], Figs. 1, 12) having a plurality of modulation elements which are linearly arranged (2D array, [0081], Fig. 2); an illumination optical system for guiding light emitted from said light source to said optical modulator (structure of light source 31 to deliver the light from the excitation for the laser to the light modulator element 32a, [0075], Fig, 12); and a projection optical system for forming a projection image of said optical modulator on said material layer (polygon mirror 38, [0075-76], Fig. 12) and moving said projection image in a scan direction crossing a direction corresponding to an arrangement direction of said plurality of modulation elements and crossing said head moving direction by changing an orientation of a mirror (orientation of polygon mirror 38 to scan in x direction and optionally y direction, [0075-77], Fig. 12).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical scanner of Brown to have the structure of Koyagi that moves laterally relative to the build surface because [0009] of Koyagi teaches that its structure improves the accuracy of the shape of a physical model produced by irradiation.
Brown in view of Koyagi teaches movement in a direction parallel to said material layer, but does so in Koyagi by the stage moving relative to the optical head (Koyagi [0039]). Brown in view of Koyagi teaches an apparatus substantially as claimed. Brown in view of Koyagi does not teach a head moving mechanism for moving said optical head in a head moving direction parallel to said material layer.
However, in the same field of endeavor of additive manufacturing with an optical head (abstract), Lyckfeldt teaches a head moving mechanism for moving said optical head in a head moving direction parallel to said material layer (projection unit carriage 194 moves projection unit 160 in head moving direction parallel to material layer, [0108], Fig. 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the optical scanner of Brown in view of Koyagi (Koyagi [0039]) to move in a head moving direction because [0108] of Lyckfeldt teaches such a structure to accomplish the same thing in the same context as moving the optical head laterally relative to the build surface and because [0042] of Hyers teaches that movement of the stage and movement of the optical head are art recognized equivalents for achieving the desired relative movement.
Regarding claim 11, Brown as modified teaches wherein said optical modulator is a planar light valve or a grating light valve (light modulator element 32a can be a grating light valve, Koyagi [0075] [0081], Figs. 1, 12).
Regarding claim 12, Brown as modified teaches wherein time from when said optical head starts irradiation of light onto said one material layer until when said layer formation mechanism starts formation of said next material layer is variable (method steps are interpreted as a question of capability, nothing in the operation of Brown as modified prevents the recited variable timing).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J CHIDIAC whose telephone number is (571)272-6131. The examiner can normally be reached 8:30 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Xiao Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS J CHIDIAC/Examiner, Art Unit 1744
/John J. DeRusso/Primary Examiner, Art Unit 1744
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