Prosecution Insights
Last updated: April 18, 2026
Application No. 18/493,313

ATOMIZATION DEVICES FOR AN ADDITIVE MANUFACTURING APPARATUS, ADDITIVE MANUFACTURING SYSTEMS INCLUDING AN ATOMIZATION DEVICE AND METHODS OF ATOMIZING A TARGET SUBSTRATE

Non-Final OA §112
Filed
Oct 24, 2023
Examiner
LIANG, ANTHONY M
Art Unit
1734
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BATTELLE MEMORIAL INSTITUTE
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
93%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
548 granted / 659 resolved
+18.2% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
37 currently pending
Career history
696
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
44.0%
+4.0% vs TC avg
§102
7.6%
-32.4% vs TC avg
§112
33.9%
-6.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 659 resolved cases

Office Action

§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. Election/Restrictions Applicant's election with traverse of Group I: 1-13 in the reply filed on 3/10/2026 is acknowledged. The traversal is on the ground(s) that t here is no serious burden for the examiner to examine both groups. This is not found persuasive because the two groups fall into two different classifications, which necessitates different searches and search strategies for each individual invention. The requirement is still deemed proper and is therefore made FINAL. Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/10/2026. 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 appl icant regards as his invention. Claims 1-8 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 limitation "the target substrate" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim. Claims 2-8 are dependent on claim 1 and are thus also rejected for the same reason. Allowable Subject Matter Claims 1-8 would be allowable if rewritten or amended 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. Claims 9-13 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 1 and 9, the prior art fails to disclose or fairly suggest the atomization device and additive manufacturing system as recited. In particular, the closest prior art, Habib et al. (Habib et al., “Ultrasonic Vibration-Assisted Laser Atomization of Stainless Steel”, Powder Technology, Vol. 321, (2017), 5 pages), as cited in the IDS dated 10/24/2023, hereinafter “Habib,” teaches an additive manufacturing system and atomization device, comprising a laser beam energy source and an ultrasonic probe for supporting and vibrating a steel substrate (Abstract, pp. 89-90, Fig. 1). However, Habib does not teach or adequately suggest wherein the atomization device/additive manufacturing system comprise a container sized and configured to be located within a build chamber of an additive manufacturing apparatus, the container including a container opening in a top thereof, the container opening being size and configured to receive an energy source of the additive manufacturing apparatus extended through the container opening or being sized and configured to permit passage of energy from the energy sourse through the container opening, as required by claims 1 and 9. Thus, claims 1 and 9 are distinct over the teachings of the prior art. Claims 2-8 further limit the subject matter of claim 1 and are thus also distinct over the teachings of the prior art. Claims 10-13 further limit the subject matter of claim 9 and are thus also distinct over the teachings of the prior art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ANTHONY M LIANG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-0483 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F: 9:00am-5:00pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Jonathan Johnson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-1177 . 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. /ANTHONY M LIANG/ Primary Examiner, Art Unit 1734
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Prosecution Timeline

Oct 24, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601038
NON-ORIENTED ELECTRICAL STEEL SHEET, MOTOR CORE, AND PRODUCTION METHODS THEREOF
2y 5m to grant Granted Apr 14, 2026
Patent 12601037
STEEL HAVING HIGH MECHANICAL PROPERTIES AND MANUFACTURING PROCESS THEREOF
2y 5m to grant Granted Apr 14, 2026
Patent 12601039
FERRITIC STAINLESS STEEL AND METHOD FOR PRODUCING SAME
2y 5m to grant Granted Apr 14, 2026
Patent 12584183
MOLTEN IRON DEPHOSPHORIZATION METHOD
2y 5m to grant Granted Mar 24, 2026
Patent 12583032
METHOD FOR PREPARING A LOW-TEMPERATURE SINTERING SILVER PASTE
2y 5m to grant Granted Mar 24, 2026
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
83%
Grant Probability
93%
With Interview (+9.9%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 659 resolved cases by this examiner. Grant probability derived from career allow rate.

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