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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/05/2026 has been entered.
Response to Amendment
Claims 1-20 are pending.
Claims 14-20 are withdrawn.
In view of the amendment, filed on 06/05/2026, the following rejections are withdrawn from the previous office action, mailed on 04/01/2026.
Rejection of claims 1-13 under 35 U.S.C. 112(b)
Claim Interpretation
Examiner wishes to point out to Applicant that the claims are directed to an apparatus/a system and therefore are only limited by positively recited elements. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, it is well settled that the intended uses of and the particular material used in an apparatus have no significance in determining patentability of apparatus claims. A recitation with respect to manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims. In other words, the process/manner of using the apparatus and/or the material worked upon by the apparatus is/are viewed as recitation(s) of intended use and is/are given patentable weight only to the extent that structure is added to the claimed apparatus. See MPEP 2114 (II) and 2115 for further details.
Claims 1 and 11 recite “wherein the stored latency value comprises a measured time delay characteristic for a specific viscosity and particle size distribution”, “wherein the stored latency value compensates for valve actuation delay and material flow inertia specific to rheological properties of the feedstock material”, and further claims 6 and 11 recite “wherein the controller implements a first stored latency value specific to the diverter valve and a second stored latency value specific to the nozzle valve based on respective positions of the diverter valve and the nozzle valve in a feedstock flow path” and also claim 12 recites “wherein the first control signals incorporate the first latency value and the second control signals incorporate the second latency value.”
The above recitations do not further provide limitations for the claimed “apparatus for extruding material to make a part using a flowable feedstock material”, as claimed in claims 1 and 11, and are more directed to the process of using the apparatus; therefore, the limitations do not get further patentable weight and are treated as “intended use”.
The following rejections are maintained for the reason of records as given in the previous office action. The bases of these rejections are the same as given in the office action, mailed on 04/01/2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 non-obviousness.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yuwaki et al. (US 2020/0307082).
Yuwaki et al. (US ‘082) disclose a three dimensional (3D) printing comprising: a control system (500); an ejection section (60) comprising a first supply port (65) for flowing a flowable shaping material, a nozzle (61) from which the flowable material is ejected, and an ejection amount control mechanism (70) responsive to the controller section (500) for controllably stopping and resuming a flow of the flowable shaping material during the operation (see claim 1; ¶ [0019]-[0030], [0041]-[0057]; figures 1, 4-5, 8-10), wherein the ejection section (60) comprises a transfer mechanism (90) in communication with the first supply port (65) for controllably transferring or diverting at least a part of the flowable shaping material in the nozzle (61) and a second supply port (67) to the inside of a recessed part (75) (see paragraphs [0041]-[0047], [0055]; figures 1, 4-5, 8-10), and the ejection amount control mechanism (70) in communication with the first supply port (65) for controllably stopping the flow of the shaping material to the nozzle (61) (see paragraphs [0032], [0051]-[0052]; figures 1, 4-5, 8-10).
[AltContent: textbox (A valve system (70))][AltContent: connector][AltContent: connector]
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[AltContent: connector][AltContent: textbox (A diverter valve (90))][AltContent: connector][AltContent: textbox (A nozzle housing (62, 63))][AltContent: textbox (A print nozzle system (60))]
[AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (A needle valve (96))][AltContent: textbox (A valve part (73))][AltContent: connector]
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As to claim 1, Yuwaki et al. (US ‘082) teach an apparatus for extruding material to make a part using a flowable feedstock material, the apparatus comprising: a controller (500, ¶ [0020]); a print nozzle system (an ejection section 60; ¶ [0023]) including: a nozzle housing (a supply flow channel 62, a first partial flow channel 63; ¶ [0060]) for receiving the flowable feedstock material; a nozzle element (61; ¶ [0030]) from which the flowable feedstock material is extruded; and a valve system (an ejection amount control mechanism 70 including a valve part 73 disposed inside the through hole 66; ¶ [0030] and [0032]) responsive to the controller (500) for controllably interrupting and restarting a flow of the flowable feedstock material during a print operation (a first drive section 81 is formed of an actuator and rotates the valve part 73 inside the through hole 66 under the control by the control section 500; ¶ [0032]).
Yuwaki et al. (US ‘082) discloses the ejection section (60) comprises a transfer mechanism (90) in communication with the first supply port (65) for controllably transferring at least a part of the flowable shaping material in the nozzle (61) and a second supply port (67) to the inside of a recessed part (75) (see ¶ [0041]-[0047], [0055]; figures 1, 4-5, 8-10).
Even though Yuwaki et al. (US ‘082) is silent on disclosing the controller being controlled to implement at least one stored latency value, the feedstock material being extruded, when controlling the value system, to take into account a time needed for the value system to respond and at least one of: interrupt the feedstock flow; or when the feedstock flow has been interrupted, to resume feedstock flow, as claimed in claim 1.
It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the controller as disclosed by Yuwaki et al. (US ‘082) so to be controlled to implement at least one stored latency value, wherein the stored latency value comprises a measured time delay characteristic for a specific viscosity and particle size distribution of the feedstock material being extruded, when controlling the value system, to take into account a time needed for the value system to respond and at least one of interrupt the feedstock flow or when the feedstock flow has been interrupted, to resume feedstock flow, wherein the stored latency value compensates for valve actuation delay and material flow inertia specific to rheological properties of the feedstock material in order to control the ejection amount control mechanism to improve the response in ejecting the shaping material from the nozzle when resuming the ejection of the shaping material from the nozzle, as suggested by Yuwaki et al. (US ‘082).
Further, it should be noted that the claimed recitation of “being controlled to implement at least one stored latency value, wherein the stored latency value comprises a measured time delay characteristic for a specific viscosity and particle size distribution of the feedstock material being extruded, when controlling the valve system, to take into account a time needed for the value system to respond and at least one of: interrupt the feedstock flow; or when the feedstock flow has been interrupted, to resume feedstock flow, wherein the stored latency value compensates for valve actuation delay and material flow inertia specific to rheological properties of the feedstock material” is more toward a manner of operating the system and does not differentiate apparatus claim from the prior art. See MPEP 2114 (II), therefore, treated as “intended use”. It is believed that the disclosed structure by Yuwaki et al. (US ‘082) is capable of operating the same manner as recited in claim 1 and all the claimed structural limitations in claim 1 are met by Yuwaki et al. (US ‘082).
As to claim 2, Yuwaki et al. (US ‘082) disclose the valve system (70) includes a diverter valve (a transfer mechanism 90; ¶ [0041]) in communication with the housing (62, 63) for controllably diverting at least a portion of the flow of the feedstock material to the nozzle element (61; ¶ [0041]) when the flow of the feedstock material is to be interrupted.
Yuwaki et al. (US ‘082) teach the transfer mechanism (90) includes a cylinder (95), a plunger (96) moveable linearly between first and second positions to selectively block flow through the transfer mechanism (90) (see ¶ [0045]-[0047]; figure 9).
As to claim 3, Yuwaki et al. (US ‘082) disclose the diverter valve (90) includes at least one of a needle valve (96) movable linearly between first and second positions to selectively block flow through the diverter valve (90).
Yuwaki et al. (US ‘082) teach the ejection amount control mechanism (70) is provided with a valve part (73) rotatable between different rotational positions for controllably changing a flow of the shaping material to the nozzle (61). (see ¶ [0032], [0051]-[0052]; figures 1, 4-5, 8-10)
Therefore, as to claim 4, Yuwaki et al. (US ‘082) disclose the valve system (70) includes a nozzle valve (a valve part 73; ¶ [0032]) in communication with the housing (62, 63) for controllably interrupting the flow of the feedstock material to the nozzle element (61).
Yuwaki et al. (US ‘082) disclose the ejection amount control mechanism 70 is provided with a valve part 73 rotatable between different rotational positions for controllably changing a flow of the shaping material to the nozzle 61 (see ¶ [0042]-[0043]; figures 4-6)
Therefore, as to claim 5, Yuwaki et al. (US ‘082) teach the nozzle valve (a valve part 73; ¶ [0032]) includes a rotationally movable valve (73) movable between different rotational positions for controllably interrupting a flow of the feedstock material to the nozzle element. (See Figs. 4-5 and 8-9)
Yuwaki et al. (US ‘082) teach the control section (500) controls the ejection amount control mechanism (70) and the transfer mechanism (90) to controllably stop the flow of the shaping material (see ¶ [0051]-[0057]).
Further, Yuwaki et al. (US ‘082) disclose the ejection (60) comprises a transfer mechanism (90) in communication with the first supply port (65) for controllably transferring at least a part of the flowable shaping material in the nozzle (61) and a second supply port (67) to the inside of a recessed part (75) (see paragraphs [0041]-[0047], [0055]; figures 1, 4-5, 8-10); and an ejection amount control mechanism (70) in communication with the first supply port (65) for controllably stopping the flow of the shaping material to the nozzle (61) (see paragraphs [0032], [0051]-[0052]; figures 1, 4-5, 8-10).
As to claim 6, Yuwaki et al. (US ‘082) teach the valve system (an ejection amount control mechanism 70) includes: a diverter valve (a transfer mechanism 90) in communication with the housing (62, 63) for controllably diverting at least a portion of the flow of the feedstock material to the nozzle element (61) when the flow of the feedstock material is to be interrupted; a nozzle valve (a valve part 73) in communication with the housing (62, 63) for controllably interrupting the flow of the feedstock material to the nozzle element (61); and wherein the diverter valve (90) is arranged upstream, relative to a direction of flow of the feedstock material through the housing (62, 63), from the nozzle valve (a valve part 73), and wherein the controller implements a first stored latency value specific to the diverter valve and a second stored latency value specific to the nozzle valve based on respective positions of the diverter valve and the nozzle valve in a feedstock flow path.
As to claim 7, Yuwaki et al. (US ‘082) disclose the nozzle valve (a valve part 73) is configured to communicate directly with the nozzle element (61). (See figures 1, 4-5, 8-9)
As to claim 8, Yuwaki et al. (US ‘082) teach the valve system includes: a diverter valve (a transfer mechanism 90) in communication with the housing (62, 63); a nozzle valve (a valve part 73) in communication with the diverter valve (90); and a common housing for housing both the diverter valve and the nozzle valve.
Yuwaki et al. (US ‘082) teach a transfer mechanism (400) moves the stage (300) with respect to the shaping unit (200) to thereby change the relative position between the nozzle (61) and the shaping surface (310). (see ¶ [0021] and figure 1)
As to claim 9, Yuwaki et al. (US ‘082) disclose a nozzle motion control subsystem (a first drive section 81 for rotating the valve part 73; ¶ [0032]) for controlling motion of the nozzle system (70) within at least one of: an X axis and Y axis plane.
As to claim 10, Yuwaki et al. (US ‘082) disclose the valve system (an ejection amount control mechanism 70 including a valve part 73 disposed inside the through hole 66; ¶ [0030] and [0032]) includes a nozzle valve in communication with the housing (a supply flow channel 62, a first partial flow channel 63; ¶ [0060]) for controllably interrupting the flow of the feedstock material to the nozzle element (a first drive section 81 is formed of an actuator and rotates the valve part 73 inside the through hole 66 under the control by the control section 500; ¶ [0032]); and the controller (500) is configured to apply control signals to each of the diverter valve (a transfer mechanism 90) and the nozzle valve (73) in a desired sequence to controllably interrupt the flow of the feedstock material. (See ¶ [0020])
As to claim 11, Yuwaki et al. (US ‘082) disclose an apparatus for extruding material to make a part using a flowable feedstock material, the apparatus comprising: a controller (a control section 500; ¶ [0020]); a print nozzle system including: a nozzle housing (a supply flow channel 62, a first partial flow channel 63; ¶ [0060]) for receiving the flowable feedstock material; a nozzle element (61; ¶ [0030]) from which the flowable feedstock material is extruded; a valve system (an ejection amount control mechanism 70 including a valve part 73 disposed inside the through hole 66; ¶ [0030] and [0032]) responsive to the controller (500) for controllably interrupting and restarting a flow of the flowable feedstock material during a print operation; the valve system (70) including: a diverter valve (a transfer mechanism 90) in communication with the housing (62, 63) for controllably diverting at least a portion of the flow of the feedstock material to the nozzle element when a flow of the feedstock material is to be interrupted (a first drive section 81 is formed of an actuator and rotates the valve part 73 inside the through hole 66 under the control by the control section 500; ¶ [0032]); and a nozzle valve (a valve part 73; ¶ [0032]) in communication with the diverter valve (a transfer mechanism 90).
Yuwaki et al. (US ‘082) disclose the nozzle valve (a valve part 73; ¶ [0032]) in communication with the diverter valve (a transfer mechanism 90), however, is silent on disclosing the nozzle valve being disposed downstream of the diverter valve relative to a direction of flow of the feedstock material through the nozzle system. It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the positioning of the nozzle valve relative to the diverter valve so to be disposed downstream of the diverter valve relative to a direction of the feedstock material flow through the nozzle system in order to improve the response in ejecting the shaping material from the nozzle 61 when resuming the ejection of the shaping material from the nozzle 61 and to prevent the shaping material from denaturing in the cylinder 95 while improving the response in ejecting the shaping material from the nozzle 61. (see ¶ [0077]).
Further, even though Yuwaki et al. (US ‘082) is silent on disclosing the controller being controlled to implement at least one stored latency value specific to the feedstock material being extruded, when controlling the value system, to take into account a time needed for the value system to respond and at least one of: interrupt the feedstock flow; or when the feedstock flow has been interrupted, to resume feedstock flow, as claimed in claim 11.
It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the controller as disclosed by Yuwaki et al. (US ‘082) so to be controlled to implement at least one stored latency value, wherein the stored latency value comprises a measured time delay characteristic for a specific viscosity and particle size distribution of the feedstock material being extruded, when controlling the value system, to take into account a time needed for the value system to respond and at least one of interrupt the feedstock flow or when the feedstock flow has been interrupted, to resume feedstock flow, wherein the stored latency value compensates for valve actuation delay and material flow inertia specific to rheological properties of the feedstock material, and wherein the controller implements a first stored latency value specific to the diverter valve and a second stored latency value specific to the nozzle valve based on respective positions of the diverter valve and the nozzle valve in a feedstock flow path in order to control the ejection amount control mechanism to improve the response in ejecting the shaping material from the nozzle when resuming the ejection of the shaping material from the nozzle, as suggested by Yuwaki et al. (US ‘082).
Further, it should be noted that the claimed recitation of “being controlled to implement at least one stored latency value, wherein the stored latency value comprises a measured time delay characteristic for a specific viscosity and particle size distribution of the feedstock material being extruded, when controlling the value system, to take into account a time needed for the value system to respond and at least one of: interrupt the feedstock flow; or when the feedstock flow has been interrupted, to resume feedstock flow, wherein the stored latency value compensates for valve actuation delay and material flow inertia specific to rheological properties of the feedstock material, and wherein the controller implements a first stored latency value specific to the diverter valve and a second stored latency value specific to the nozzle valve based on respective positions of the diverter valve and the nozzle valve in a feedstock flow path” is more toward a manner of operating the system and does not differentiate apparatus claim from the prior art. See MPEP 2114 (II), therefore, treated as “intended use”. It is believed that the disclosed structure by Yuwaki et al. (US ‘082) is capable of operating the same manner as recited in claim 11 and all the claimed structural limitations in claim 11 are met by Yuwaki et al. (US ‘082).
As to claim 12, Yuwaki et al. (US ‘082) teach the diverter valve (a transfer mechanism 90) includes at least one of a first linearly movable needle valve (a plunger 96) responsive to first control signals from the controller (a control section 500); and the nozzle valve (a valve part 73) includes a second rotationally movable valve element responsive to second control signals from the controller (500). It should be noted that the claimed recitation of “wherein the first control signals incorporate the first latency value and the second control signals incorporate the second latency value” is more toward a manner of operating the system and does not differentiate apparatus claim from the prior art. See MPEP 2114 (II), therefore, treated as “intended use”. It is believed that the disclosed structure by Yuwaki et al. (US ‘082) is capable of operating the same manner as recited in claim 12 and all the claimed structural limitations in claim 12 are met by Yuwaki et al. (US ‘082).
As to claim 13, Yuwaki et al. (US ‘082) teach a motion control subsystem (a first drive section 81 for rotating the valve part 73; ¶ [0032]) for controlling movement of the nozzle system (70) within at least one of: a plane defined by an X axis and a Y axis.
Response to Arguments
Applicant's arguments, filed on 06/05/2026, have been fully considered but they are not persuasive.
Applicant’s arguments are mainly directed to the newly added recitations to claims 1, 6, 11, and 12 and that Yuwaki et al. (US ‘082) does not disclose the newly added recitations. However, as it has also been noted above in the body of the rejection, those recitations do not further provide structural limitations for the claimed “apparatus for extruding material to make a part using a flowable feedstock material”, as claimed in claims 1 and 11, and are more directed to the process of using the apparatus; therefore, said recitations do not get further patentable weight and is treated as “intended use”. However, it is believed that the disclosed structure by Yuwaki et al. (US ‘082) is capable of operating the same manner as recited in claims 1, 6, 11 and 12 and all the claimed structural limitations in said claims are met by Yuwaki et al. (US ‘082).
Finally, after a full review of the submitted remarks in view of the prior art rejections of the claims, it has been concluded that there are differences in interpreting the claimed subject matter and the cited references by the Applicant and the Office. Therefore, Examiner would like to suggest that if Applicant’s Counsel believes an interview can benefit the prosecution of the instant application, Applicant’s Counsel is kindly invited to contact the undersigned examiner.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lewis et al. (US 2020/0086564) disclose a nozzle for a 3D printing system, the nozzle comprising: a flowpath with a material inlet and a material outlet; a valve in fluid communication with the flowpath between the material inlet and the material outlet, the valve including a closed state and an open state, wherein in the closed state the valve obstructs the flowpath between the material inlet and the material outlet, and wherein in the open state the material inlet is in fluid communication with the material outlet. (see the abstract)
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-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, SUSAN D. 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.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 07/25/2026