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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/17/2026 has been entered.
Claim Objections
Claim 8 is objected to because of the following informalities: in line 5 “droplets” needs to be “the droplets” for proper antecedent basis. This issue does not rise to the level of indefiniteness, but appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 8 and 12 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kumta et al (US 2023/0073429; herein Kumta). Regarding claim 8:
Kumta teaches spraying droplets to create a layer, leveling the layer, and sintering the layer (Figure 1). Kumta teaches that polymers may be used as the material being deposited (paragraphs 0045 and 0049)
Regarding claim 12:
Kumta teaches polymer combined with other materials can be used (paragraphs 0045 and 0049)
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.
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kumta, in view of Mark (US PGPub 2017/0087632; already of record). Regarding claim 13, Kumta is silent to:
Wherein the locally defined removal of material and/or the flow in the region around the depressions is carried out in a controlled manner, a surface topography being detected with at least one optical sensor and influenced with spatially resolved height values, a deflection movement of the focal spot of the laser beam and/or a power density in the focal spot of the laser beam
In the same field of smoothing droplets to create layers, Mark teaches using a sensor feedback loop to determine if peaks need removed (paragraph 0064).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the feedback processing of Mark in the Kumta smoothing, since it helps to ensure a smooth, consistent part without accumulated errors (Mark: paragraph 0064)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Mark, in view Kumta and Mark, and in further view of Goldfine et al (U.S. PGPub 2018/0264590; herein Goldfine, already of record). Regarding claim 14:
Kumta and Mark are silent to the control required. However, in the same field of endeavor Goldfine teaches controlling the laser power and focus based on a sensed temperature (paragraph 0069).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use such control, since it helps limit errors.
Response to Arguments
Applicant’s arguments, filed 3/17/2026, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J KENNEDY whose telephone number is (571)270-7068. The examiner can normally be reached Mon-Fri 8am-5pm..
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/TIMOTHY KENNEDY/Primary Examiner, Art Unit 1743