Prosecution Insights
Last updated: October 02, 2026
Application No. 18/695,075

GENERATIVE LAYER-BUILDING PROCESS WITH VARIOUS RAW-MATERIAL POWDERS, AND INSTALLATION THEREFOR

Non-Final OA §102
Filed
Mar 25, 2024
Priority
Nov 10, 2021 — DE 10 2021 212 624.3 +1 more
Examiner
ROE, JESSEE RANDALL
Art Unit
Tech Center
Assignee
Nikon SLM Solutions AG
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
1003 granted / 1313 resolved
+16.4% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
51 currently pending
Career history
1346
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
51.9%
+11.9% vs TC avg
§102
8.6%
-31.4% vs TC avg
§112
28.9%
-11.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1313 resolved cases

Office Action

§102
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 . Status of the Claims Claims 1-20 and 22 are pending wherein claims 1-10 are currently under examination and claims 11-20 are withdrawn from further consideration pursuant 37 CFR §1.142(b) as being drawn to a non-elected generative layer construction method and claim 22 is withdrawn from further consideration pursuant 37 CFR §1.142(b) as being drawn to a non-elected control program for a facility for generative layer construction. Applicant’s election of claims 1-10 was made in the Response filed on July 17, 2026. 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roure et al. (EP 3389995 A1). In regard to claim 1, Roure et al. (EP ‘995) discloses an additive manufacturing (generative layer construction) system (facility) comprising a material management station having one or more weight measurement devices, trolley, 3D printer(s), vacuum system, etc. ([0009-0011] and [0016]). Roure et al. (EP ‘995) further discloses using one type of powder in a first 3D building job on a first workpiece and then using the same powder or another type of powder in a second 3D building job on a second workpiece [0009]. Roure et al. (EP ‘995) discloses that at any time the material management station may be purged (cleaned, removed) in order to process build material of a different material type and unfused build material may be collected via a collection hose and transported to either a recovered build material tank or an overflow tank [0065-0067]. Additionally, Roure et al. (EP ‘995) discloses that the material management system may serve two or more 3D printers so that successive unpacking and trolley filling operations may be performed by the system [0059]. Still regarding claim 1, the Examiner notes that method steps pertaining to how the facilities operates are claimed and how a facility operates would not have a bearing on the claimed facility since a facility may be operated in any desired fashion. MPEP 2114 (II). In regard to claim 2, Roure et al. (EP ‘995) discloses wherein the powder would be cleaned and moved to another chamber away from the initial chamber in a recovered build tank wherein the powder would not be fused in that build tank [0017]. Still regarding claim 2, the Examiner notes that method steps pertaining to how the facilities operates are claimed and how a facility operates would not have a bearing on the claimed facility since a facility may be operated in any desired fashion. MPEP 2114 (II). In regard to claim 3, Roure et al. (EP ‘995) discloses wherein there would be a build platform, which would read on “a base plate of a workpiece space” and the build platform may have an actuating mechanism that allows for up and down movement, which would read on “defined position” [0010]. In regard to claims 4-5, Roure et al. (EP ‘995) further discloses using one type of powder in a first 3D building job on a first workpiece and then using the same powder or another type of powder in a second 3D building job on a second workpiece [0009]. Roure et al. (EP ‘995) discloses that at any time the material management station may be purged (cleaned, removed) in order to process build material of a different material type and unfused build material may be collected via a collection hose and transported to either a recovered build material tank or an overflow tank [0065-0067]. With respect to the recitation “an absolute minimum cleaning quantity which is specified for the facility” in claim 4, would a processing limitation that would not further limit the structural features of the facility. MPEP 2114 (II). With respect to the recitation “an upper limit for the residual share of first raw material in the raw material powder mixture which is led away out of the raw material powder routing in the cleaning operation mode is predefined” in claim 5, this would be a processing limitation whereas the claim is drawn to a facility. MPEP 2114 (II). In regard to claim 6, Roure et al. (EP ‘995) discloses wherein the build material used for the jo may comprise a portion of fresh build material and a portion of recycled material [0017]. Whether or not this performed in a cleaning operation mode would be a processing limitation whereas the claims are drawn to the facility. MPEP 2114 II. In regard to claim 7, Roure et al. (EP ‘995) discloses wherein a controller wherein a dosing is achieved by using a fill level sensor such as a load cell in the mixing tank to output a fill level value indicative of an amount of non-fused build material in the mixing tank [0058], which would read on an analysis unit. With respect to “in the cleaning operation is led away out of the section of the raw material powder routing” in claim 7, this recitation would be a processing limitation whereas the claims are drawn to a facility. MPEP 2114 II. In regard to claim 8, Roure et al. (EP ‘995) further discloses using one type of powder in a first 3D building job on a first workpiece and then using the same powder or another type of powder in a second 3D building job on a second workpiece [0009]. Roure et al. (EP ‘995) discloses that at any time the material management station may be purged (cleaned, removed) in order to process build material of a different material type and unfused build material may be collected via a collection hose and transported to either a recovered build material tank or an overflow tank [0065-0067]. Roure et al. (EP ‘995) discloses wherein the build material used for the job may comprise a portion of fresh build material and a portion of recycled material [0017]. With respect to the recitation “wherein the facility is configured, in the cleaning operation mode […] to refeed the raw material powder mixture […] as often and until the residual share of first material powder in the raw material powder mixture which is led away out of the section in the cleaning operation mode lies below a predefined upper limit” in claim 8, this recitation would be a processing limitation whereas the claims are drawn to a facility. MPEP 2114 II. In regard to claim 9, Roure et al. (EP ‘995) further discloses using one type of powder in a first 3D building job on a first workpiece and then using the same powder or another type of powder in a second 3D building job on a second workpiece [0009]. Roure et al. (EP ‘995) discloses that at any time the material management station may be purged (cleaned, removed) in order to process build material of a different material type and unfused build material may be collected via a collection hose and transported to either a recovered build material tank or an overflow tank [0065-0067]. Roure et al. (EP ‘995) discloses wherein the build material used for the job may comprise a portion of fresh build material and a portion of recycled material [0017]. With respect to the recitation “configured to increase the cleaning quantity of the second raw material powder if the residual share of first raw material powder in the raw material powder mixture which is led away out of the section of the raw material powder routing in the cleaning operation mode lies above a predefined upper limit” in claim 9, Roure et al. (EP ‘995) discloses wherein a controller wherein a dosing is achieved by using a fill level sensor such as a load cell in the mixing tank to output a fill level value indicative of an amount of non-fused build material in the mixing tank [0058]. The additional steps would be a processing limitation whereas the claims are drawn to a facility. MPEP 2114 II. In regard to claim 10, Roure et al. (EP ‘995) discloses an additive manufacturing (generative layer construction) system (facility) comprising a material management station having one or more weight measurement devices, trolley, 3D printer(s), vacuum system, etc. ([0009-0011] and [0016]). Roure et al. (EP ‘995) further discloses using one type of powder in a first 3D building job on a first workpiece and then using the same powder or another type of powder in a second 3D building job on a second workpiece [0009]. Roure et al. (EP ‘995) discloses that at any time the material management station may be purged (cleaned, removed) in order to process build material of a different material type and unfused build material may be collected via a collection hose and transported to either a recovered build material tank or an overflow tank [0065-0067]. Additionally, Roure et al. (EP ‘995) discloses that the material management system may serve two or more 3D printers so that successive unpacking and trolley filling operations may be performed by the system [0059]. Roure et al. (EP ‘995) discloses wherein the build material used for the jo may comprise a portion of fresh build material and a portion of recycled material [0017]. The additional steps would processing limitations whereas the claims are drawn to a facility. MPEP 2114 II. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ghods, S., et al. "Electron beam additive manufacturing of Ti6Al4V: Evolution of powder morphology and part microstructure with powder reuse." Materialia 9 (2020): 100631. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessee Roe whose telephone number is (571)272-5938. The examiner can normally be reached Monday thru Friday 7:30 am to 4 pm. 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, Curt Mayes can be reached at 571-272-1234. 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. /JESSEE R ROE/ Primary Examiner, Art Unit 1759
Read full office action

Prosecution Timeline

Mar 25, 2024
Application Filed
Jul 31, 2026
Non-Final Rejection mailed — §102 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
84%
With Interview (+7.8%)
3y 1m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1313 resolved cases by this examiner. Grant probability derived from career allowance rate.

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