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 .
Response to Amendment
Claims 1-8 and 10-17 are pending. Claim 9 is canceled. Claims 16-17 remain withdrawn.
In view of the amendment, filed 01/09/2026, the following objections and rejections are withdrawn from the previous Office Action mailed 10/09/2025:
Specification and claim objections
Claim rejections under 35 U.S.C. 112(b)
Rejection of canceled claim 9 under 35 U.S.C. 103
Nonstatutory double patenting rejections are withdrawn in view of the terminal disclaimer.
Prior art rejections are updated in view of claim amendments.
Terminal Disclaimer
The terminal disclaimer filed on 01/09/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12,508,769 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claim(s) 11 and 13 is/are objected to because of the following informalities: amended claims 11 and 13 recite “the melting cavity” which should read “the melt cavity.” Appropriate correction is required.
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.
Claim(s) 1-2, 6-8, 10, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jahnle et al., US 20200039146 A1 (of record), in view of Gornik, DE 102007030637 A1 (of record, translation provided 10/09/2025 referenced below).
Regarding claim 1, Jahnle discloses a method for providing a printable melt (a liquid phase of the feedstock can be extruded, [0006]) for operating a printhead (printhead 10, Fig. 1, [0006]) for a 3D printer (for a 3D printer, [0006]), the method comprising:
Filling a cavity with printable material (solid phase 21 of feedstock 20 is fed via funnel 12 and trickles into input zone 11 of the printhead 10, Fig. 2, [0047], [0051]) using a supply device (via funnel 12, Fig. 2, [0047]),
Closing (closed in Fig. 1, open in Fig. 2) an opening cross-section (opening through which material 20, 21 flows into cavity, Fig. 2) of a piston bushing (of housing 19, Fig. 2) by advancing a piston (see downward movement of plunger 31 between Fig. 2 and Fig. 1) from a starting position (from a drawn back position, Fig. 2) in the direction of a nozzle (toward outlet 16, Fig. 1) of the printhead (plunger 31 is moved downward toward the outlet 16, Figs. 1-2, [0045]),
Converting the material from a solid phase to a liquid phase via a plastic phase (solid phase 21 is pressed into compression zone 11a, where a boundary layer 11b to the liquid phase is created, and liquid phase 22 is present below the boundary layer, [0045], [0048]-[0049], see also temperature profile in Figs. 1-2),
Compressing the material (pressing the feedstock into the compression zone, [0045]), wherein the compressing comprises pre-compressing of the material by advancing the piston (plunger 31 is driven downward toward the outlet, is moved from feeding position shown in Fig. 2 downward toward compressing position shown in Fig. 1, [0045], [0047]) in a pressure- and/or force-controlled manner (the forward movement of the plunger being regulated in a force-dependent manner, [0032]) and
Preparing the liquid phase for a printing process (providing temperature control, ventilating gases, continuing to move the plunger, ejecting material, etc., [0045], can all be considered “preparation”).
Jahnle does not disclose the compressing includes identifying a position is reached based on a material-dependent gradient, and/or a material-dependent gradient angle of a force and/or a pressure curve reaching and/or exceeding a threshold while advancing the piston, wherein the pre-compressing is performed up to the position, or a step of ascertaining a spring constant of the liquid phase. The present specification associates the step of ascertaining a spring constant with evaluating the compressibility of the melt ([0060]-[0061]), determined by evaluating a pressure difference and distance traveled of the piston during compression ([00170]-[00171]). Therefore, “spring constant” of a liquid is interpreted to mean a compression parameter of the liquid phase (i.e., bulk modulus or compressibility).
In the analogous art, Gornik discloses a process for melting and injection of plasticized material ([0001]-[0002]) and for determining compressibility of a given melt mass within the injection unit ([0013]-[0014]). Gornik teaches determining the compressibility of the moldable mass (via comparison of a piston displacement relative to a defined pressure change, [0014], see also [0053]-[0054]; in line with the present disclosure) so as to provide the capability of controlling the quality of the melt and controlling the plasticizing and injection conditions to maintain a consistent quality of the molded part based on a given feedstock material ([0057]-[0058], [0060]). In the determining of the compressibility, pre-compressing is performed up to a position that is reached when a material-dependent gradient, and/or a material-dependent gradient angle of a force and/or a pressure curve is reached and/or exceeded (pre-compression of a defined volume of the material by the piston is performed up to a position corresponding to the “defined initial pressure” before the pressure is relieved to the “defined final pressure,” [0014], which is considered to correspond at least to identifying a position is reached based on a pressure curve reaching and/or exceeding a threshold while advancing the piston and performing pre-compressing to the position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Jahnle to include identifying a position is reached based on a material-dependent gradient, and/or a material-dependent gradient angle of a force and/or a pressure curve reaching and/or exceeding a threshold while advancing the piston, wherein the pre-compressing is performed up to the position, and ascertaining a spring constant of the liquid phase, in order to provide the capability of controlling the melt quality and the plasticizing and injecting conditions based on the compression characteristics of the specific feedstock material being utilized so as to maintain a consistent quality of the molded product, as taught by Gornik.
Regarding claim 2, modified Jahnle discloses the method of claim 1, wherein at least the closing, the converting, the compressing, the ascertaining of the spring constant, and the preparation are performed by an active regulation of an actuator device (Jahnle: drive source of the plunger, [0032]) by means of a control and regulation unit (Jahnle: active controller for the drive source regulates force exerted by the plunger, [0032]), wherein results from an evaluation unit (Jahnle: evaluation unit, [0034]) based on measured values of sensors (Jahnle: sensors measure data evaluated by the evaluation unit, [0033]-[0034]) are transmitted to the control and regulation unit (Jahnle: are used for control, [0033]-[0034], are fed back for active process control, [0038]).
Regarding claim 6, modified Jahnle discloses the method of claim 1, wherein the closing of the opening cross-section of the piston bushing by the piston comprises advancing the piston (Jahnle: plunger 31 is moved downward between feeding shown in Fig. 2 and compressing shown in Fig. 1), starting from the starting position of a piston head of the piston (Fig. 2) in the direction of the nozzle (toward outlet 16, from Fig. 2 to Fig. 1) until a position below a gate of the piston bushing is reached (the plunger 31 is moved below the area containing the opening, Fig. 1), wherein a shearing of granular pieces is achieved by the piston head sliding past the gate (plunger 31 moves past granules at the opening between the supply device and the cavity, Figs. 1-2, in line with the present disclosure of shearing, [00158]).
Regarding claim 7, modified Jahnle discloses the method of claim 1, wherein the converting of the material from a solid phase via a plastic phase to a liquid phase comprises heating the material by heating elements of a nozzle head across state zones of the printhead (Jahnle: the solid phase is heated in the plastification zone by means of a heating unit 15 and thereby converted into the liquid phase 22, [0048], Fig. 1), wherein the state zones represent an aggregate state of the material depending on a temperature Ts of the material (see “zones” associated with temperature profile, Figs. 1-2), and the aggregate state of the material is changed across the state zones from a solid phase via a plastic phase into a liquid phase by the introduction of heating energy of the heating elements ([0048], Figs. 1-2), and mixing the material during compressing (material is necessarily mixed as it is converted from solid pieces to liquid melt and compressed, Figs. 1-2, [0045]).
Regarding claim 8, modified Jahnle discloses the method of claim 1. The combination as set forth above discloses compression of the material by advancing the piston (Jahnle: plunger 31 is driven downward toward the outlet, is moved from feeding position shown in Fig. 2 downward toward compressing position shown in Fig. 1, [0045], [0047]; Gornik: pre-compressing the melt by the piston, [0014]). The combination further discloses a step of closing the nozzle as part of the compression step (Gornik: closing the melt path from the injection unit, [0014]-[0015], required for ascertaining the spring constant), and holding the piston in a holding position (Gornik: moving the piston to achieve a specified amount of compression, [0014], requiring some non-zero amount of “holding” prior to movement in the opposite direction for retraction) for performing the compression test.
Regarding claim 10, modified Jahnle discloses the method of claim 8, wherein the compressing of the material is performed in a pressure-controlled manner by advancing the piston with the nozzle closed (Gornik: advancing the piston with the nozzle closed to reach a defined pressure, [0014]-[0015]), and the holding position is thereby approached until a peak pressure is reached (Gornik: advancing the piston, i.e., approaching a position, to achieve a defined initial pressure, [0014]).
Regarding claim 12, modified Jahnle discloses the method of claim 8, wherein the piston is held in the holding position (set forth above for claim 8). The combination as set forth above did not address pressure and temperature of the liquid phase are measured during the holding process, and the measured values are checked by an evaluation unit for functional control of the compressing process.
Jahnle further discloses pressure and temperature sensors being provided for the liquid phase ([0033]) and results from the sensors being evaluated by an evaluation unit ([0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further specify for the combination pressure and temperature of the liquid phase are measured during the holding process, and the measured values are checked by an evaluation unit for functional control of the compressing process, in order to use the existing sensors for providing real time feedback during all phases of the process, including the compression, e.g., so as to avoid exceeding operational limits during the process.
Regarding claim 14, modified Jahnle discloses the method of claim 1, wherein ascertaining of the spring constant of the liquid phase comprises pressure-controlled return from a holding position after completion of a holding process (Gornik: retraction of the piston based on melt pressure values, [0014]) to a target position which is reached when a melt pressure reaches a target pressure (to a position corresponding to a defined final pressure, [0014]), ascertaining a pressure difference between a peak pressure and the target pressure (the initial and final pressures being defined, [0014], their known difference used in measuring the compressibility, [0014]), ascertaining a distance between the holding position and the target position (the displacement of the piston is measured, [0014], [0016]), and calculating the spring constant of the liquid phase (for measuring the compressibility of the injection moldable mass, [0014], [0016]).
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jahnle et al., US 20200039146 A1, in view of Gornik, DE 102007030637 A1, as applied to claim 1 above, and further in view of Morrison et al., WO 2020173704 A1 (citations to corresponding English equivalent, US 20220143914 A1, both of record).
Regarding claim 3, modified Jahnle discloses the method of claim 1, wherein the filling of the cavity with printable material using the supply device comprises at least feeding the material via an opening of the supply device into the printhead (feedstock 20 is fed via a funnel 12 and trickle into input zone 11, [0047], [0051], material flows through opening into housing 19 of printhead, Fig. 2). Jahnle does not disclose generating air pulses to detach granular pieces of the material from each other.
In the analogous art, Morrison discloses a feeding arrangement for providing material to an extruder for additive manufacturing ([0002]) and teaches that, since granules trickling down during the feeding can be compacted and detrimentally form a wall ([0045]), a compressed air nozzle 12 can be included as part of a feeding device 8 so that short, powerful air pulses can be provided to prevent and, if necessary, breakdown the wall W ([0049], Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Jahnle to include generating air pulses to detach granular pieces of the material from each other in order to prevent buildup and blockages of the material between the feeding device and the cavity, as taught by Morrison.
Regarding claim 4, modified Jahnle discloses the method of claim 3, and Jahnle further discloses the filling of the granular pieces is performed manually or automatically (encompassing all types of filling), wherein the granular pieces slide into a lower area of the supply device due to the influence of gravity (the funnel 12 is arranged above the housing 19, such that the material slides into a lower area of the supply device via gravity during its movement into the housing, seen in Fig. 2, described as “trickling” from the feed into the operational volume, [0019], [0047]).
Regarding claim 5, modified Jahnle discloses the method of claim 4, wherein the generation of the air pulses is performed at intervals (Morrison: short, powerful air pulses, [0049]), and the granular pieces are flung up in an area of the air pulses such that as they fall, they exert an impulse on the granular pieces lying underneath (Morrison: air pulses break down buildups of material, [0049], such that when they fall they would necessarily exert a corresponding force on underlying material) and encourage them to slide into the cavity of the printhead (Jahnle: the material is fed along a downward trajectory toward the heated cavity of the printhead such that it slides into the cavity, Fig. 2).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jahnle et al., US 20200039146 A1, in view of Gornik, DE 102007030637 A1, as applied to claim 1 above, or over Jahnle et al. in view of Gornik, as applied to claim 1, and further in view of Pillwein et al., US 20160332342 A1 (of record).
Regarding claim 15, modified Jahnle discloses the method of claim 1, and Jahnle further discloses active decompression of the liquid phase by retracting the piston (drawing the plunger back being required to feed additional material to the printhead, [0047], Fig. 2). The combination as set forth for claim 1 did not specifically address retracting the piston as a function of the spring constant and opening the nozzle.
However, as the “spring constant” is a measure of the compressibility of a given material being worked on by the piston, then performing the piston movements as a function of this parameter would have been obvious to one of ordinary skill in the art in order to utilize the calculated value to provide more accurate control over the piston movements consistent with the particular material being acted on and compressed by the piston. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to open the nozzle since it would have been required to be closed for the purpose of ascertaining the spring constant (Gornik: [0014]-[0015]) as set forth above and opening the nozzle would have been necessary in order to predictably perform subsequent molding as intended by Jahnle and Gornik.
Alternatively, in the analogous art, Pillwein discloses a relevant method directed to determining a material parameter descriptive of the compression behavior of a material processed by a molding machine ([0003]-[0004], [0010], [0012], [0015]) via pressure modification and measurement of the screw/piston position ([0026], [0039]-[0040]). Pillwein teaches relieving melt pressure before and/or after dosing material by retraction of the screw/piston (decompression) where the decompression lift is based on a calculated compression modulus ([0052]-[0053]; the screw functioning as a piston, [0015]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify in the method of modified Jahnle that the preparation includes a step of active decompression of the liquid phase by retracting the piston as a function of the spring constant in order to control an amount of decompression lift consistent with the specific material being used via consideration of the corresponding ascertained spring constant prior to dosing the material, as taught by Pillwein. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to open the nozzle since it would have been required to be closed for the purpose of ascertaining the spring constant (Gornik: [0014]-[0015]) as set forth above and opening the nozzle would have been necessary in order to predictably perform subsequent molding as intended by the combination.
Allowable Subject Matter
Claims 11 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 11/13, Jahnle in view of Gornik teaches the method of claim 1 as set forth above. The combination discloses compression and holding the piston in a holding position. The combination does not disclose a step of dipping or immersing a piston needle in a melt cavity such that a part of the liquid phase from an upper area of the melting space is thereby displaced through openings of a kidney piece from a melting zone back into a mixing zone, wherein the part of the liquid phase mixes with the plastic phase from a plasticizing zone into the mixing zone. The printhead of Jahnle does not include any features which could be considered a piston needle that dips into or is immersed in a melt cavity so as to displace part of the liquid phase through openings of an analogous kidney piece (a heat-conducting portion of the printhead, described in the filed specification, paras. [0077]-[0082]) as claimed. Neither Jahnle nor Gornik discloses or teaches such printhead structures and the mixing of a part of the liquid phase during the solidification in the manner claimed, and Jahnle’s piston design would seem to discourage such interaction between the piston and the melt since it is only intended to touch a solid, uppermost portion of the material inside the printhead (see Figs. 1-2).
Other relevant prior art Mori, JP 2015168135 A (Espacenet translation provided for text citations), discloses additive manufacturing via a printhead assembly including structures that can be considered to correspond to a piston needle (narrow piston 7, Figs. 1, 4-6) interacting with a melt cavity (molten resin 5 in reservoir 6, Figs. 1, 4-6) and a “kidney piece” (see melting member 15, Figs. 5-6, see also partition plate 18, Fig. 10a, both of which conduct heat to the material, [0041], [0092]-[0094]). However, Mori does not disclose or provide a teaching toward the missing limitation and instead teaches away from the step of claims 11 and 13 of dipping or immersing the piston needle into the melt cavity such that a part of the liquid phase is thereby displaced through openings of the kidney piece from the melting zone and back into a mixing zone such that part of the liquid phase mixes with the plastic phase from a plasticizing zone, as Mori instead teaches providing a check valve to restrict the flow direction of the molten resin in one direction so that molten resin is prevented from flowing back ([0080], [0094]).
Response to Arguments
Applicant's arguments filed 01/09/2026 have been fully considered but they are not persuasive. Applicant argues (p. 4) that “based on a material-dependent gradient, and/or a material-dependent gradient angle of a force and/or a pressure curve reaching and/or exceeding a threshold…” should be interpreted as based on “a material-dependent gradient of a force and/or a pressure curve, and/or a material-dependent gradient angle of the force and/or the pressure curve.” In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the interpretation argued above) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Furthermore, the specification does not limit the interpretation to Applicant’s argument nor does it include the argued required wording of the limitation. As set forth above, the combination has been shown to render obvious the limitation at least “based on a pressure curve reaching and/or exceeding a threshold while advancing the piston” which meets the alternative framing of the language recited in the claims and is consistent with the present specification. In Gornik, a defined volume of a particular material is pre-compressed to a defined initial pressure and then the pressure is relieved to a defined final pressure, whereby displacement of the piston is then measured ([0014]). The manner in which the process in Gornik reaches the defined pressures is dependent on the given material formulation, and the displacement of the piston corresponds to the compressibility of the given material.
Conclusion
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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/J.L.G./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754