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 of Group II, and species A4 and B4 (i.e., claims 46 and 50-68) in the reply filed on 02/04/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim(s) 26-45 and 47-49 is/are canceled. Claim(s) 46 and 50 is/are currently amended. Claim(s) 51-68 is/are added. Accordingly, claim(s) 46 and 50-68 is/are examined herein.
Claim Interpretation
Examiner wishes to point out to Applicant that claim(s) 46 and 50-68 is/are directed towards an apparatus and as such will be examined under the following conditions. 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). For apparatuses, the claim limitations will define structural limitations (See MPEP 2114-2115) or functional limitations properly recited (See MPEP 2173.05 (g)).
Examiner notes that the term “substantially” in the claims has been interpreted below as a broad but definite term/approximation broadly describing the flow path formed by the heat transfer fins. See MPEP §273.05(b)(III) (D).
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(s) 46 and 50-68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wolf (US 2016/0236408 – of record) in view of Streicher (US 2020/0189187).
Regarding claim 46, Wolf teaches a hot end (174) for heating and extruding consumable material to build a 3D object of an extrusion assembly (112) capable of being a nozzle for an extrusion-based additive manufacturing system (see Fig. 13 and annotated Fig. 19A below; [0082]), the nozzle comprising:
a body surrounding a filament passageway (see annotated Fig. 19A below);
a plurality of heat transfer fins (244) spaced evenly about the periphery of the filament passageway and .. (see Fig. 13 and annotated Fig. 19A below; [0130]); and
a liquefier tube (238) received in an interference fit within an upstream end of the nozzle body (see Fig. 13 and annotated Fig. 19A below; [0121-0123]);
wherein the filament passageway comprises an inlet at an upstream end of the nozzle for receiving a solid filament of build material, an outlet (214) at a downstream end of the nozzle through which molten build material exits the nozzle and a tapering portion between the inlet and the outlet in which the filament passageway narrows (see Fig. 13 and annotated Fig. 19A below; [0100],[0106] and [0117]), the heat transfer fins (244) being located between the inlet and the tapering portion and terminating upstream of the tapering portion (see Fig. 13 and annotated Fig. 19A below; [0130]).
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However, Wolf does not explicitly teach that the plurality of heat transfer fins projecting into the filament passageway.
In the same field of endeavor, 3D printing apparatus, Streicher teaches a print head (10) for a 3D printer (1) (Abstract; Fig. 1), comprising a heat conducting structure insert (52) including one or more heat transfer fins (fin-shaped structure) projecting into a melting material passageway (see Fig. 2 and annotated Fig. 3 below; [0043] and [0047]). Streicher further teaches that the heat conducting structure (52) is designed to help distributing the heat output homogeneously over the liquid phase and it ensures that the liquid phase of the melting material (20) always has the greatest possible viscosity in a desired region without overheating (see [0047]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the nozzle as taught by Wolf in view of Streicher with the plurality of heat transfer fins projecting into the filament passageway as such is known in the art of additive manufacturing given the discussion of Streicher above; and doing so is combining prior art elements according to known methods to yield predictable results, with the added benefits of doing so would allow for distributing the heat output homogeneously over the liquid phase and it ensures that the liquid phase of the melting material always has the greatest possible viscosity in a desired region without overheating (see abstract; [0047] of Streicher).
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Regarding claim 50, Wolf in view of Streicher further teaches the nozzle, comprising a tip insert (212) press-fitted within a head of the nozzle body (see annotated Fig. 19A above; [0100] and [0102-0106] of Wolf) and a heat transfer insert (52) that includes the heat transfer fins, wherein the heat transfer insert is captivated between the tip insert and the liquefier tube (see Fig. 19A; [0100] and [0102-0106] of Wolf; annotated Fig. 3 above and [0047] of Streicher).
Regarding claim 51, Wolf in view of Streicher further teaches the nozzle, wherein the heat transfer insert (52) comprises a tubular wall having an outer surface in thermal contact with the body, an inner surface describing at least part of the filament passageway (material passageway) and the heat transfer fins project from the inner surface (see annotated Fig. 3 below and [0047] of Streicher).
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Regarding claim 52, Wolf in view of Streicher further teaches the nozzle, wherein the tip insert (212) describes the tapering portion of the filament passageway (see annotated Fig. 19A; [0106] of Wolf).
Regarding claim 53, Wolf in view of Streicher further teaches the nozzle, wherein the heat transfer fins form a flow path with a central core and a plurality of segments projecting radially therefrom (see annotated Fig. 3 below; [0047] of Streicher).
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Regarding claim 54, Wolf in view of Streicher further teaches the nozzle, wherein the flow path formed by the heat transfer fins is substantially constant along at least part of its length (see annotated Fig. 3 above and [0047] of Streicher).
Regarding claim 55, Wolf in view of Streicher further teaches the nozzle, comprising a heat sink (fan) connected to an upstream end of the liquefier tube (i.e. a fan configured to cool an upper end of the hot end assembly (174) includes upstream end of the liquefier tube also helps to cool the filament material therein) (see [0117] of Wolf).
Regarding claim 56, Wolf teaches a hot end (174) for heating and extruding consumable material to build a 3D object of an extrusion assembly (112) capable of being a liquefier assembly for an extrusion-based additive manufacturing system (see annotated Fig. 19A above; [0082] and [0134]), the liquefier assembly comprising:
a filament passageway with an inlet at an upstream end of the liquefier assembly for receiving a solid filament of build material (see annotated Fig. 19A above), an outlet (214) at a downstream end of the liquefier assembly through which molten build material exits the liquefier assembly and a tapering portion between the inlet and the outlet in which the filament passageway narrows (see annotated Fig. 19A above; [0106] and [0117]),
a body surrounding the filament passageway (see annotated Fig. 19A above); and
a heat transfer insert (i.e. finned heat exchanger (244)) secured within the body between the inlet and the tapering portion; wherein the heat transfer insert comprises a plurality of heat transfer fins spaced evenly about the periphery of the filament passageway (see Fig. 13 and annotated Fig. 19A above; [0130]). However, Wolf does not explicitly teach that the plurality of heat transfer fins projecting into the filament passageway and terminating upstream of the tapering portion.
In the same field of endeavor, 3D printing apparatus, Streicher teaches a print head (10) for a 3D printer (1) (Abstract; Fig. 1), comprising a heat conducting structure insert (52) including one or more heat transfer fins (fin-shaped structure) projecting into a melting material passageway (see Fig. 2 and annotated Fig. 3 above; [0043] and [0047]). Streicher further teaches that the heat conducting structure (52) is designed to help distributing the heat output homogeneously over the liquid phase and it ensures that the liquid phase of the melting material (20) always has the greatest possible viscosity in a desired region without overheating (see [0047]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the liquefier assembly as taught by Wolf in view of Streicher with the plurality of heat transfer fins projecting into the filament passageway as such is known in the art of additive manufacturing given the discussion of Streicher above; and doing so is combining prior art elements according to known methods to yield predictable results, with the added benefits of doing so would allow for distributing the heat output homogeneously over the liquid phase and it ensures that the liquid phase of the melting material always has the greatest possible viscosity in a desired region without overheating (see abstract; [0047] of Streicher).
Regarding claim 57, Wolf in view of Streicher further teaches the liquefier assembly, wherein the heat transfer fins form a flow path with a central core and a plurality of segments projecting radially therefrom (see annotated Fig. 3 above; [0047] of Streicher).
Regarding claim 58, Wolf in view of Streicher further teaches the liquefier assembly, wherein the flow path formed by the heat transfer fins is substantially constant along at least part of its length (see annotated Fig. 3 above and [0047] of Streicher).
Regarding claim 59, Wolf in view of Streicher further teaches the liquefier assembly, wherein the heat transfer insert (52) comprises a tubular wall having an outer surface in thermal contact with the body, an inner surface describing at least part of the filament passageway (material passageway) and the heat transfer fins project from the inner surface (see annotated Fig. 3 above and [0047] of Streicher).
Regarding claim 60, Wolf in view of Streicher further teaches the liquefier assembly, comprising a liquefier tube (238) connected to an upstream end of the body and a heat sink connected to an upstream end of the liquefier tube (i.e. a fan to cool the upper end of the hot end assembly (174) includes upstream end of the liquefier tube also helps to cool the filament material therein) (see annotated Fig. 19A above; [0117] of Wolf).
Regarding claim 61, Wolf in view of Streicher further teaches the liquefier assembly, comprising tip insert with a shoulder (support flange 246) upstream of the outlet and the heat transfer insert (244) abuts the shoulder (see annotated Fig. 19A above; [0131] of Wolf).
Regarding claim 62, Wolf teaches a hot end (174) for heating and extruding consumable material to build a 3D object of an extrusion assembly (112) capable of being a liquefier assembly for an extrusion-based additive manufacturing system (see annotated Fig. 19A above; [0082] and [0134]), the liquefier assembly comprising:
a filament passageway with an inlet at an upstream end of the liquefier assembly for receiving a solid filament of build material (see annotated Fig. 19A above), an outlet (214) at a downstream end of the liquefier assembly through which molten build material exits the liquefier assembly and a tapering portion between the inlet and the outlet in which the filament passageway narrows (see annotated Fig. 19A above; [0106] and [0117]),
a body surrounding the filament passageway (see annotated Fig. 19A above); and
a plurality of heat transfer fins (i.e. finned heat exchanger (244)) .. projecting into the filament passageway between the inlet and the tapering portion; wherein the heat transfer fins are spaced evenly about the periphery of the filament passageway and terminate upstream of the tapering portion (see Fig. 13 and annotated Fig. 19A above; [0130]). However, Wolf does not explicitly teach that the plurality of heat transfer fins projecting into the filament passageway between the inlet and the tapering portion.
In the same field of endeavor, 3D printing apparatus, Streicher teaches a print head (10) for a 3D printer (1) (Abstract; Fig. 1), comprising a heat conducting structure insert (52) including one or more heat transfer fins (fin-shaped structure) projecting into a melting material passageway (see Fig. 2 and annotated Fig. 3 above; [0043] and [0047]). Streicher further teaches that the heat conducting structure (52) is designed to help distributing the heat output homogeneously over the liquid phase and it ensures that the liquid phase of the melting material (20) always has the greatest possible viscosity in a desired region without overheating (see [0047]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified liquefier assembly as taught by Wolf in view of Streicher with the plurality of heat transfer fins projecting into the filament passageway as such is known in the art of additive manufacturing given the discussion of Streicher above; and doing so is combining prior art elements according to known methods to yield predictable results, with the added benefits of doing so would allow for distributing the heat output homogeneously over the liquid phase and it ensures that the liquid phase of the melting material always has the greatest possible viscosity in a desired region without overheating (see abstract; [0047] of Streicher).
Regarding claim 63, Wolf in view of Streicher further teaches the liquefier assembly, wherein the heat transfer fins form a flow path with a central core and five segment projecting radially therefrom(see annotated Fig. 3 above; [0047] of Streicher).
Regarding claim 64, Wolf in view of Streicher further teaches the liquefier assembly, wherein the flow path formed by the heat transfer fins is substantially constant along at least part of its length (see annotated Fig. 3 above and [0047] of Streicher).
Regarding claim 65, Wolf in view of Streicher further teaches the liquefier assembly, comprising a heat transfer insert (i.e. finned heat exchanger (244)) secured within the body between the inlet and the tapering portion, wherein the heat transfer insert comprises the heat transfer fins (see Fig. 13 and annotated Fig. 19A above; [0130] of Wolf).
Regarding claim 66, Wolf in view of Streicher further teaches the liquefier assembly, wherein the heat transfer insert (52) comprises a tubular wall having an outer surface in thermal contact with the body, an inner surface describing at least part of the filament passageway (material passageway) and the heat transfer fins project from the inner surface (see annotated Fig. 3 above; [0047] of Streicher).
Regarding claim 67, Wolf in view of Streicher further teaches the liquefier assembly, comprising a liquefier tube (238) connected to an upstream end of the body and a heat sink connected to an upstream end of the liquefier tube (i.e. a fan to cool the upper end of the hot end assembly (174) includes upstream end of the liquefier tube also helps to cool the filament material therein) (see annotated Fig. 19A above; [0117] of Wolf).
Regarding claim 68, Wolf in view of Streicher further teaches the liquefier assembly, comprising a liquefier tube (238) connected to an upstream end of the body and a heat sink connected to an upstream end of the liquefier tube (i.e. a fan to cool the upper end of the hot end assembly (174) includes upstream end of the liquefier tube also helps to cool the filament material therein (see annotated Fig. 19A above; [0117] of Wolf), wherein the heat transfer insert (244) is captivated between the liquefier tube (238) and a shoulder of a tip insert (212) upstream of the outlet (see annotated Fig. 19A above; [0100] and [0102-0106] of Wolf).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 46,50,52-53,55-57,60-62 and 67 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12,496,778 (herein referred to as US '778). Although the claims at issue are not identical, they are not patentably distinct from each other because:
As to Independent claim 46: US ‘778 claims, in claim 1, a nozzle for an extrusion-based additive manufacturing system (US ‘778 at claim 1, lines 60-61), the nozzle comprising:
a body surrounding a filament passageway (US ’778 at claim 1, lines 62-63); a plurality of heat transfer fins spaced evenly about the periphery of the filament passageway and projecting into the filament passageway (US ‘778 at claim 9, line 58 and claim 14, lines 23-24); and
a liquefier tube received in an interference fit within an upstream end of the nozzle body (US ’778 at claim 2, line 18-20); wherein the filament passageway comprises an inlet at an upstream end of the nozzle for receiving a solid filament of build material (US ’778 at claim 1, lines 63-64), an outlet at a downstream end of the nozzle through which molten build material exits the nozzle and a tapering portion between the inlet and the outlet in which the filament passageway narrows (US ’778 at claim 1, lines 64-67), the heat transfer fins being located between the inlet and the tapering portion and terminating upstream of the tapering portion (US ’778 at claim 9, lines 58-60 and column 24, lines 5-7). Thus, instant claim 1 and claims 1,9 and 14 of US ’778 are not patentably distinct from each other.
As to Independent claim 56: US ‘778 claims, in claim 9, a liquefier assembly for an extrusion-based additive manufacturing system (US ’778 at claim 9, lines 45-46), the liquefier assembly comprising:
a filament passageway with an inlet at an upstream end of the liquefier assembly for receiving a solid filament of build material (US ’778 at claim 9, lines 50-52), an outlet at a downstream end of the liquefier assembly through which molten build material exits the liquefier assembly and a tapering portion between the inlet and the outlet in which the filament passageway narrows (US ’778 at claim 9, lines 52-54), a body surrounding the filament passageway (US ’778 at claim 9, lines 49-50); and a heat transfer insert secured within the body between the inlet and the tapering portion (US ’778 at claim 9, line 57); wherein the heat transfer insert comprises a plurality of heat transfer fins spaced evenly about the periphery of the filament passageway (US ’778 at claim 14, lines 23-24), projecting into the filament passageway and terminating upstream of the tapering portion(US ’778 at claim 9, lines 58-60). Thus, instant claim 56 and claims 9 and 14 of US ’778 are not patentably distinct from each other.
As to Independent claim 62: US ‘778 claims, in claim 9, a liquefier assembly for an extrusion-based additive manufacturing system (US ’778 at claim 9, lines 45-46), the liquefier assembly comprising:
a filament passageway with an inlet at an upstream end of the liquefier assembly for receiving a solid filament of build material (US ’778 at claim 9, lines 50-52), an outlet at a downstream end of the liquefier assembly through which molten build material exits the liquefier assembly and a tapering portion between the inlet and the outlet in which the filament passageway narrows (US ’778 at claim 9, lines 52-54), a body surrounding the filament passageway (US ’778 at claim 9, lines 49-50); and a plurality of heat transfer fins projecting into the filament passageway between the inlet and the tapering portion (US ’778 at claim 9, lines 58-60); wherein the heat transfer fins are spaced evenly about the periphery of the filament passageway (US ’778 at claim 14, lines 23-24) and terminate upstream of the tapering portion (US ’778 at claim 9, lines 58-60). Thus, instant claim 56 and claims 9 and 14 of US ’778 are not patentably distinct from each other.
As to claims 50,52-53,55,57,60-61 and 67: claims 1-24 of US ’778 further comprises the limitations presented in instant claims 50,52-53,55,57,60-61 and 67. Thus, instant claims 50,52-53,55,57,60-61 and 67 and claims 1-24 of US ’778 are not patentably distinct from each other.
Conclusion
The following prior arts made of record and not relied upon is considered pertinent to applicant's disclosure:
Crump (US 5,121,329) teaches a liquefier (226) assembly for an extrusion-based additive manufacturing system (see Fig. 13; column 12,lines 26-30), comprises a filament passageway (228) with an inlet at an upstream end of the liquefier assembly for receiving a solid filament of build material (see Fig. 13 and Fig. 15; column 12, lines 28-34), a mandrel 282 is made of highly conductive material capable of being a heat transfer insert secured within a body of the liquefier between the inlet and tapering portion (see Fig. 15; column 15,lines 53-68).
Huang (US 2017/0291363) teaches a three dimensional printing apparatus (see Fig. 3; [0018]), comprises a printing head (200), a filament passageway (220) with an inlet; a plurality of heat transfer fins (222) surrounding the filament passageway between the inlet and tapering portion; wherein the heat transfer fins are spaced evenly about the periphery of the filament passageway and terminate upstream of the tapering portion (see Fig. 3; [0021]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED K AHMED ALI whose telephone number is (571)272-0347. The examiner can normally be reached 10:00 AM-7:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED K AHMED ALI/Examiner, Art Unit 1743