Prosecution Insights
Last updated: July 17, 2026
Application No. 18/574,118

POWDER REGULATING DEVICE

Final Rejection §103
Filed
Dec 26, 2023
Priority
Jul 28, 2021 — IT 102021000020180 +1 more
Examiner
SCHIFFMAN, BENJAMIN A
Art Unit
1742
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Morphica S R L
OA Round
2 (Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
602 granted / 923 resolved
At TC average
Strong +28% interview lift
Without
With
+27.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
27 currently pending
Career history
942
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
81.6%
+41.6% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 923 resolved cases

Office Action

§103
DETAILED ACTION The papers submitted on 09 June 2026, amending claim 1-8, are acknowledged. 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 . 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. Claims 1, 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Deng (CN105172149 A) in view of McMurtry et al. (US 2016/0136730 A1). Regarding claim 1, Deng discloses a powder regulating device with powder distribution from above in a direction of collection areas and accurate regulation of a "dose factor" by an horizontal operation of pistons (p. 1 § Background technique; FIG. 1-13), comprising: two powder boxes 201/301, equated with the claimed ducts, designed to collect and convey powder, equated with the claimed particles of metal dust/powder and/or resin and/or polymeric material, in two cavities 207/307, equated with the claimed collection areas, the ducts being connected to an upper surface of a laser operating machine with two slide cores 202/302, equated with the claimed pistons (FIG. 10-11; pp. 3-4); and a working plate, designed to house a bed of metal powder and/or resin and/or polymeric material, operatively connected to a moulding cylinder piston 3 (FIG. 1; p. 2); a scrapper device 7, equated with the claimed doctor blade or recoater, configured to spread the bed of metal powder and/or resin and/or polymeric material on the working plate (FIG. 1; p. 2); a pair of sliding cores 202/302, equated with first pair of pistons, operatively connected to ends of the ducts, the first pair of pistons configured to introduce a predetermined quantity of the metal powder and/or resin and/or polymeric material into the cavity 205/305, equated with the claimed collection areas (FIG. 9-11; pp. 3-4); a second pair of pistons 221/321 disposed adjacent the collection areas and operatively connected to right and left ends of a lower part of the working plate, the second pair of pistons configured to raise a level of the metal powder and/or resin and/or polymeric material within the collection areas to a level of a doctor blade or recoater (FIG. 9-11; pp. 3-4); a sintering, or curing device, equated with the claimed optical system, connected to an upper surface of a laser operating machine, the ducts 201/301 designed to collect and convey powder in two collection areas 207/307, are provided at the left and right ends of a shape of inverted "L" and "L" of the two pistons 202/302 necessary to introduce a predetermined quantity of the powder by operating in a horizontal direction in the collection areas, ensuring a lower waste of powder and consequently a controlled recycling process, the pistons operatively connected to the ends of the ducts of a machine tool (FIG. 9-11; pp. 3-4). Deng does not appear to expressly disclose the optical system is designed to convey and focus an electromagnetic radiation beam emitted by a laser source in a predetermined area of the working plate. However, McMurtry discloses a similar device for additive manufacturing (title/abstract) which includes an optical scanning unit 135 designed to convey and focus a laser beam 133 onto the powder work surface 104 (FIG. 1-2; ¶¶ 39-40). At the time of invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the process of Deng to include the scanning unit of McMurtry, because such devices are known in the art and could be used as the sintering or curing device with expected results. Regarding claim 3, Deng suggests the ducts are made with two openings at the right and left ends of the "L" and inverted "L" inverted shape, the openings necessary to facilitate the release and positioning of the particles of metal powder and/or resin and/or polymeric material in the collection areas (FIG. 3-4, 9-11; pp.2-4). Regarding claim 4, Deng suggests the powder is positioned in the collection areas at the level of a powder scraping device 7, equated with the claimed doctor blade or recoater, by the vertical action of two pistons 202/302 operatively connected to the right and left ends of a lower part of the working plate in a machine tool (FIG. 9-11; pp. 3-4). Regarding claim 5, Deng suggests that the doctor blade or recoater is designed for spreading the bed of powder in the working plate for additive manufacturing applications, the doctor or recoater able to spread the powder bed to the left and right of the working plate, the doctor or recoater operatively connected to the working plate in a machine tool (FIG. 3-4, 9-12; pp. 2-4). Regarding claim 6, Deng suggests that the working plate is arranged in a predetermined position based on the quantity of powder to be spread in the working plate necessary for additive manufacturing applications, the working plate operatively connected to a piston 3 necessary to perform a vertical downward movement after solidification of the layer following the action of the laser for additive manufacturing applications (FIG. 3-4; pp. 2-3). Regarding claim 7, McMurtry suggests the optical system consists of one or more fixed and/or mobile reflective and/or transmissive optical elements 138, 139, 141, 155, 261, 241, necessary to modify the diameter and the position along the Z axis of the spot of the beam of electromagnetic radiation emitted by the laser source and to focus the beam of electromagnetic radiation Regarding claim 8, McMurtry suggests the optical system is provided with at least the laser source 105a/b, 153, 205 which is integral or non-integral, and connected with the optical system (¶¶ 39, 41-43, 55-60; FIG. 2-3, 10-13). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Deng (CN105172149 A) in view of McMurtry et al. (US 2016/0136730 A1) as applied to claim 1 above, further in view of Beaudin (US 3,965,933 A) Regarding claim 2, Deng discloses that the ducts have a vertical geometry in the shape of an "L" and inverted "L" in a vertical direction, the ducts being positioned at the ends of the working plate (FIG. 9-11; pp. 3-4). Deng does not appear to expressly disclose that the ducts are made of metallic material. However, Beaudin discloses conventional ducts which are made of sheet metal by stamping (FIGS.; title/abstract). At the time of invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the duct material of Deng to include the stamped sheet metal of Beaudin, because such materials are conventionally used for similar ducts and would have expected results. Response to Arguments Applicant's arguments filed 09 June 2026 have been fully considered but they are not persuasive. Applicant contends that Deng’s vertical pistons 221/321 are inside the cavity of the sliding core and therefore are not “adjacent the collection areas” as claimed. However, it is the position of the Examiner that second vertical pistons 221/321 are adjacent the collection areas at least because the collection areas is equated with the cavity 205/305 which is mobile between the duct and the powder outlet 206/306. When the cavity/pistons are in the position where the powder is lifted into the powder outlet then the pistons meet the claimed adjacency. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin A Schiffman whose telephone number is (571)270-7626. The examiner can normally be reached M-F 9a-530p EST. 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, Christina Johnson can be reached at (571)272-1176. 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. /BENJAMIN A SCHIFFMAN/ Primary Examiner, Art Unit 1742
Read full office action

Prosecution Timeline

Dec 26, 2023
Application Filed
May 12, 2026
Non-Final Rejection mailed — §103
Jun 09, 2026
Response Filed
Jun 23, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
93%
With Interview (+27.5%)
3y 2m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 923 resolved cases by this examiner. Grant probability derived from career allowance rate.

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