Prosecution Insights
Last updated: April 19, 2026
Application No. 18/586,032

ADJUSTMENT OF A SPATIAL POSITION OF A MATERIAL DEPOSITION DEVICE ALIGNED TO DEPOSIT A STRUCTURAL MATERIAL AT A TARGET POINT OF DEPOSITION

Non-Final OA §103
Filed
Feb 23, 2024
Examiner
LUK, EMMANUEL S
Art Unit
1744
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Icon Technology Inc.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
98%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
726 granted / 1020 resolved
+6.2% vs TC avg
Strong +26% interview lift
Without
With
+26.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
41 currently pending
Career history
1061
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
15.9%
-24.1% vs TC avg
§112
16.2%
-23.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1020 resolved cases

Office Action

§103
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 . Claims 1-19 are pending. Claims 1-10 are method claims Claims 11-18 are apparatus claims of a processor and memory. Claim 19 is directed to a computer readable medium. 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. 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. 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(s) 1-6, 10-16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over BRAMBERGER (US 11628558 B2) in view of KHOSHNEVIS (US 7874825 B2). Re: 1, BRAMBERGER teaches of a method comprising: receiving data representing one or more spatial dimensions with which to deposit a material to form a structure using a material deposition device (see teaching of data models from the database, see external computing 11); receiving sensor data identifying a subset of spatial data points representing a position of a nozzle unit (7) of the material deposition device, the sensor data configured to identify frame of reference data associated with the nozzle unit based on the subset of spatial data points (see sensors for monitoring the building and further of see character 14 of monitoring field from crane, see Fig. 3, Col. 6, lines 15-24); adjusting the nozzle unit (see nozzle 7) based on the frame of reference data to comport with the one or more spatial dimensions responsive to the sensor data (working head 3 being actuated with motors 6 based upon the control file, Col. 6, lines 5-10 and further based upon the sensor readings, see Col. 6, lines 15-24, the control data based upon sensor readings to adjust the cable robot to adjust for deviations, see Col. 6, lines 15-24. However, the additional subset of actuators are not specifically stated); and Regarding the additional features of “activating a subset of actuators to adjust the nozzle unit to deploy the material in accordance with the data representing the one or more spatial dimensions based on the frame of reference data” The BRAMBERGER references does teach of the subset of actuators to adjust the nozzle unit. However, as seen in KHOSHNEVIS which teaches in layer by layer operations (see Col. 1, lines 45-55) of nozzles for concrete and cement materials (see Col. 6, lines 4-16) that are computer controlled to craft a variety of structures (see Col. 4, lines 23-25), and further of the multi-outlet nozzle that includes different trowels and actuators that can be individually operated (see Figs. 1a-1d and 3a-3d), and (see also Col. 3, line 57 to Col. 4, line 27) allows for adjustment of the nozzle unit for different structures to be formed by the nozzle. Wherein, the beads of material are noted however, the extruded materials of KHOSNEVIS includes continuous and/or discontinuous extrusion (Col. 2, lines 16-17, and also Col. 6, lines 1-3) that would encompass the claimed bead operation. It would have been obvious for one of ordinary skill in the art to have further modified the nozzle of BRAMBERGER with the subset of actuators as taught by KHOSHNEVIS in allowing for forming the desired structures via deployment of the materials. Re: 2 (upon 1), wherein at least a portion of the material comprises one or more cementitious materials. (see BRAMBERGER teaching of concrete source 9, Col. 5, lines 38-40, see also in background info of shotcrete Col. 1, lines 39-40, cement Col. 1, line 40, see also KHOSHNEVIS of concrete pumping, see Col. 6, lines 4-16) Re: 3 (upon 1), wherein at least a portion of the material comprises a regolith material. (see BRAMBERGER teaching of concrete source 9, Col. 5, lines 38-40, see also in background info of shotcrete Col. 1 , lines 39-40, cement Col. 1, line 40, see also KHOSHNEVIS of concrete pumping, see Col. 6, lines 4-16) Re: 4 (upon 1), wherein activating the subset of actuators to adjust the nozzle unit further comprises: deploying the material as a bead of the material upon which other beads of the material are deposited to form a structure. (3D printing teaching in Background of BRAMBERGER, see Col. 1, lines 26-35) The BRAMBERGER does not further teach of a further subset of actuators for adjusting the nozzle unit. However, the KHOSHNEVIS teaches in layer by layer operations (see Col. 1, lines 45-55) of nozzles for concrete and cement materials (see Col. 6, lines 4-16) that are computer controlled to craft a variety of structures (see Col. 4, lines 23-25), and further of the multi-outlet nozzle that includes different trowels and actuators that can be individually operated (see Figs. 1a-1d and 3a-3d), and (see also Col. 3, line 57 to Col. 4, line 27) allows for adjustment of the nozzle unit for different structures to be formed by the nozzle. Wherein, the beads of material are noted however, the extruded materials of KHOSNEVIS includes continuous and/or discontinuous extrusion (Col. 2, lines 16-17, and also Col. 6, lines 1-3) that would encompass the claimed bead operation. It would have been obvious for one of ordinary skill in the art to have further modified the nozzle of BRAMBERGER with the subset of actuators as taught by KHOSHNEVIS in allowing for forming the desired structures via deployment of the materials. Re: 5 (upon 1) further comprising: detecting a displacement of the position of the nozzle unit; computing the displacement; and adjusting the position of the nozzle unit spatially to compensate for the displacement to align with the data representing the one or more spatial dimensions. (see BRAMBERGER teaching of the sensors, the computer unit 11, the measuring data received being compared with the database of the model, and deviation determined, control data for the cable robot is modified to compensate for the deviation, see Col. 6, lines 15-24). Re: 6 (upon 1), wherein adjusting the nozzle unit based on the frame of reference data comprises: detecting a displacement of the position of the nozzle unit relative to one or more variances in an X-axis, a Y-axis, and a Z-axis. (see teaching in BRAMBERGER the movement being in the X-, Y-, and Z-axis via the cable robot operations, see control cables 5a, 5b, see Fig. 1, and also Col. 6, lines 8-14, wherein the includes actuation of the lifting device and movement of the working head 3) Re: 10 (upon 1), wherein receiving the data representing the one or more spatial dimensions comprises: receiving a data file including data identifying a print path over which the nozzle unit deposits the material. (see BRAMBERGER of the control unit and control file which would correspond to the claimed path, see Col. 6, lines 15-24) Re: 11, of a system claim with teachings of a process and memory that includes process operations by the processor. Wherein, see teachings by the reference in claim 1 above regarding method steps that are done by the processor/memory, and wherein, the control unit of BRAMBERGER would include the memory and processor, wherein, see teaching of BRAMBERGER in view of KHOSHNEVIS. Re: 12 (upon 11), the features are a combo of claims 2 and 3 which is taught by BRAMBERGER and KHOSHNEVIS as shown above. Re: 13 (upon 11), further comprising a printer head tool configured to identify a target deposition point and to adjust the position of the nozzle unit. The combined teaching of BRAMBERGER in view of KHOSHNEVIS as shown above for claims 1 and 11 includes the actuator controls and positioning for the nozzle unit. Re: 14 (upon 11), similar to claim 4, see teaching above. Re: 15 (upon 11), similar to claim 5, see teaching above. Re: 16 (upon 11), similar to claim 6, see teaching above. Re: 19, of a computer-readable recording medium storing instructions, see teaching above in claims 1 and 11 by BRAMBERGER in view of KHOSHNEVIS as it is similar to the claimed method steps. Claim(s) 8-9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over BRAMBERGER in view of KHOSHNEVIS as applied to claims 1 and 11 above, and further in view of ANDERSON (US 6202013 B1). Re: 8 (upon 1), further comprising: receiving the material from a base delivery unit, wherein the base delivery unit includes a subset of sensors to compute a position in another frame of reference and to compute spatial displacements relative to the nozzle unit. See teaching by BRAMBERGER concerning the various sensors used to compute for both the base delivery unit and for the nozzle unit, wherein, the use of another set of sensors would be a duplication of the sensors taught for further sensing and control for the positioning of the nozzle unit. Currently, BRAMBERGER does not specifically state of different subsets of sensors. Though, it would have been obvious for one of ordinary skill in the art to further duplicate the sensors of BRAMBERGER with an additional subset of sensors for further positioning of the elements including the nozzle. Further, as seen in the same field of endeavor regarding positioning and booms, ANDERSON teaches of articulated boom positioning, including for concrete pumping applications, see Col. 1, lines 11-21, and further monitoring of the boom, see Figs. 2 and 4 of a boom position sensor 42, along with outrigger extensions sensors 44, and load sensor 40 that input to the computer 102. Wherein, the load sensor including the load upon the leading end of the boom assembly including distance (both vertical and horizontal) and of the base, see Col. 2, lines 38-62. These can be seen as subsets of sensors applicable for use with the boom that can be incorporated into the modified BRAMBERGER teaching, particularly for controlling the nozzle unit. It would have been obvious for one of ordinary skill in the art to further the sensors of the modified BRAMBERGER with the subset of sensors as taught by ANDERSON for additional controls to the positioning of the particular elements. Re: 9 (upon 1), wherein adjusting the nozzle unit based on the frame of reference data comprises: receiving a first subset of position data associated with a base delivery unit; receiving a second subset of position data associated with one or more linkage members coupling the base delivery unit to the nozzle unit; and adjusting the nozzle unit as a function of the first and the second subsets of the position data. (regarding a first and second subset of position data and to the respective base delivery unit and to the nozzle unit, see teaching by ANDERSON for claim 8 above that is also applicable to the combination with BRAMBERGER and KHOSHNEVIS.) Re: 18 (upon 11), similar to claim 9, see teaching above. Claim(s) 1-4, 6-7, 10-14, 16-17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over RAU (US 2004/0076503 A1) in view of KHOSHNEVIS (US 7874825 B2). Re: 1, RAU teaches of a method comprising: receiving data representing one or more spatial dimensions with which to deposit a material (from concrete pump 10, [0020]) to form a structure using a material deposition device (see teaching of computer supported coordinate transformer to drive units, see [0004] teaching in the background information, see also position control, [0007], see also coordinate provider 64 with data [0028] and microcontroller 74 of the control device with evaluation and safety program 100 that is tied to the sensor 96, [0029]); receiving sensor data identifying a subset of spatial data points representing a position of a nozzle unit of the material deposition device, the sensor data configured to identify frame of reference data associated with the nozzle unit based on the subset of spatial data points (see position control from sensors for path and angle determination [0007]); adjusting the nozzle unit based on the frame of reference data to comport with the one or more spatial dimensions responsive to the sensor data (see teaching of control deviations with reference to the path or angle from thresholds values, [0012, 0013]); and activating actuators to adjust the nozzle unit to deploy the material in accordance with the data representing the one or more spatial dimensions based on the frame of reference data (see articulation axis 28-32 that are controlled by the software within the coordinate transformer 77 that the articulated linkages are moved, see [0027]). The teaching of a subset of actuators for the nozzle unit is not specifically taught by the RAU reference. However, as seen in KHOSHNEVIS which teaches in layer by layer operations (see Col. 1, lines 45-55) of nozzles for concrete and cement materials (see Col. 6, lines 4-16) that are computer controlled to craft a variety of structures (see Col. 4, lines 23-25), and further of the multi-outlet nozzle that includes different trowels and actuators that can be individually operated (see Figs. 1a-1d and 3a-3d), and (see also Col. 3, line 57 to Col. 4, line 27) allows for adjustment of the nozzle unit for different structures to be formed by the nozzle. Wherein, the beads of material are noted however, the extruded materials of KHOSNEVIS includes continuous and/or discontinuous extrusion (Col. 2, lines 16-17, and also Col. 6, lines 1-3) that would encompass the claimed bead operation. It would have been obvious for one of ordinary skill in the art to have further modified the nozzle 43 of RAU with the subset of actuators as taught by KHOSHNEVIS in allowing for forming the desired structures via deployment of the materials. Re: 2 (upon 1), wherein at least a portion of the material comprises one or more cementitious materials. (see teaching of RAU for concrete pumps 10, see [0004, 0024], see also KHOSHNEVIS of concrete pumping, see Col. 6, lines 4-16.) Re: 3 (upon 1), wherein at least a portion of the material comprises a regolith material. (see RAU teaching of concrete distribution [0004, 0024], see also KHOSHNEVIS of concrete pumping, see Col. 6, lines 4-16.) Re: 4 (upon 1), wherein activating the subset of actuators to adjust the nozzle unit further comprises: deploying the material as a bead of the material upon which other beads of the material are deposited to form a structure. See teaching RAU does not further teach of a further subset of actuators for adjusting the nozzle unit. However, the KHOSHNEVIS teaches in layer by layer operations (see Col. 1, lines 45-55) of nozzles for concrete and cement materials (see Col. 6, lines 4-16) that are computer controlled to craft a variety of structures (see Col. 4, lines 23-25), and further of the multi-outlet nozzle that includes different trowels and actuators that can be individually operated (see Figs. 1a-1d and 3a-3d), and (see also Col. 3, line 57 to Col. 4, line 27) allows for adjustment of the nozzle unit for different structures to be formed by the nozzle. Wherein, the beads of material are noted however, the extruded materials of KHOSNEVIS includes continuous and/or discontinuous extrusion (Col. 2, lines 16-17, and also Col. 6, lines 1-3) that would encompass the claimed bead operation. It would have been obvious for one of ordinary skill in the art to have further modified the nozzle of RAU with the subset of actuators as taught by KHOSHNEVIS in allowing for forming the desired structures via deployment of the materials. Re: 6 (upon 1), wherein adjusting the nozzle unit based on the frame of reference data comprises: detecting a displacement of the position of the nozzle unit relative to one or more variances in an X-axis, a Y-axis, and a Z-axis. (The movement of the boom of RAU would include X-axis, Y-axis, and Z-axis, see articulation, Fig. 2.) Re: 7 (upon 1), further comprising: detecting displacement of one or more linkage members coupled to the nozzle unit; computing the displacement of the one or more linkage members; and adjusting the position of the nozzle unit to compensate for the displacement of the one or more linkage members to align the nozzle unit in accordance with the data representing the one or more spatial dimensions. (see teaching of linkages by RAU, see [0027], and would encompass the claimed detection and compensation.) Re: 10 (upon 1), wherein receiving the data representing the one or more spatial dimensions comprises: receiving a data file including data identifying a print path over which the nozzle unit deposits the material. (see teaching of the RAU, see claim 7 regarding response to path or angle control deviations, whereupon, path is inherently taught. Further teaching in KHOSHNEVIS regarding pathway for extruding a pre-designed structure, see Col. 5, lines 12-26.) Re: 11, of a system claim with teachings of a process and memory that includes process operations by the processor. Wherein, see teachings by the reference in claim 1 above regarding method steps that are done by the processor/memory, and wherein, the control unit of RAU would include the memory and processor, wherein, see teaching of RAU in view of KHOSHNEVIS. Re: 12 (upon 11), the features are a combo of claims 2 and 3 which is taught by RAU and KHOSHNEVIS as shown above. Re: 13 (upon 11), further comprising a printer head tool configured to identify a target deposition point and to adjust the position of the nozzle unit. The combined teaching of RAU in view of KHOSHNEVIS as shown above for claims 1 and 11 includes the actuator controls and positioning for the nozzle unit. Re: 14 (upon 11), similar to claim 4, see teaching above. Re: 16 (upon 11), similar to claim 6, see teaching above. Re: 17 (upon 11), similar to claim 7, see teaching above. Re: 19, of a computer-readable recording medium storing instructions, see teaching above in claims 1 and 11 RAU in view of KHOSHENIS as it is similar to the claimed method steps. Claim(s) 8-9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over RAU in view of KHOSHNEVIS as applied to claims 1 and 11 above, and further in view of ANDERSON (US 6202013 B1). Re: 8 (upon 1), further comprising: receiving the material from a base delivery unit, wherein the base delivery unit includes a subset of sensors to compute a position in another frame of reference and to compute spatial displacements relative to the nozzle unit. See teaching by RAU concerning the various sensors used to compute for both the positions via the linkage arms for the boom, and also the valves, wherein, the use of another set of sensors would be a duplication of the sensors taught for further sensing and control for the positioning of the nozzle unit. Currently, RAU does not specifically state of different subsets of sensors. Though, it would have been obvious for one of ordinary skill in the art to further duplicate the sensors of RAU with an additional subset of sensors for further positioning of the elements including the nozzle. Further, as seen in the same field of endeavor regarding positioning and booms, ANDERSON teaches of articulated boom positioning, including for concrete pumping applications, see Col. 1, lines 11-21, and further monitoring of the boom, see Figs. 2 and 4 of a boom position sensor 42, along with outrigger extensions sensors 44, and load sensor 40 that input to the computer 102. Wherein, the load sensor including the load upon the leading end of the boom assembly including distance (both vertical and horizontal) and of the base, see Col. 2, lines 38-62. These can be seen as subsets of sensors applicable for use with the boom that can be incorporated into the RAU teaching. It would have been obvious for one of ordinary skill in the art to further the boom of the modified RAU with the subset of sensors as taught by ANDERSON for the Re: 9 (upon 1), wherein adjusting the nozzle unit based on the frame of reference data comprises: receiving a first subset of position data associated with a base delivery unit; receiving a second subset of position data associated with one or more linkage members coupling the base delivery unit to the nozzle unit; and adjusting the nozzle unit as a function of the first and the second subsets of the position data. (regarding a first and second subset of position data and to the respective base delivery unit and to the nozzle unit, see teaching by ANDERSON for claim 8 above that is also applicable to the combination with RAU and KHOSHNEVIS.) Re: 18 (upon 11), similar to claim 9, see teaching above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892, of particular note: SACKEN (US 2019/0308592 A1) for a large manipulator for boom and includes sensors, see also [0022] and for deviations. SACKEN further teaches of position sensors 3, 35, 36, 37, on the struts 14-17 which would correspond to the linkages, see [0050]. See teaching of micro-controller based program controlled for the boom, see [0001] and abstract. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5. 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, Xiao S Zhao can be reached at 571-270-5343. 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. /EMMANUEL S LUK/Primary Examiner, Art Unit 1744
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Prosecution Timeline

Feb 23, 2024
Application Filed
Mar 03, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
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Grant Probability
98%
With Interview (+26.4%)
3y 0m
Median Time to Grant
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