DETAILED ACTION
The communication dated 12/19/2025 has been entered and fully considered.
Claims 15-20 have been cancelled. Claims 1-14 are pending with claim 14 being withdrawn from further consideration.
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 without traverse of Group I, claims 1-13, in the reply filed on 12/19/2025 is acknowledged.
Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the step of drying" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3-4 are dependent on claim 2 and are similarly rejected.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smiddy et al. (U.S. 11,472,108), hereinafter SMIDDY, in view of FURUKAWA (U.S. PGPUB 2017/0259337).
Regarding claim 1, SMIDDY teaches: A method of additively manufacturing reduced porosity composites (SMIDDY teaches a method for additively manufacturing composites [Abstract].), the method comprising the steps of: providing an additive manufacturing printer comprising a feed hopper (SMIDDY teaches an additive manufacturing printer (extruder 61) with a feed hopper [Figs. 1-2, 5; Col. 5, lines 17-23].), the feed hopper comprising: a first hopper wall defining a feed inlet and a chamber opening (SMIDDY teaches a first hopper wall defining a feed inlet (83) and a chamber opening (90) [Fig. 5; Col. 6, lines 63-67 – Col. 7, lines 1-3].); a second hopper wall contacting an outlet end of the first hopper wall and defining a feed outlet (SMIDDY teaches a second hopper wall contacting an outlet end of the first hopper wall and defining a feed outlet (92) [Fig. 5; Col. 7, lines 13-15].); a vacuum lid contacting a feed end of the first hopper wall (SMIDDY teaches a vacuum lid contacting a feed end of the first hopper wall [Fig. 5].); . . . ; a second valve disposed proximate the chamber opening in an open position (SMIDY teaches a second valve (90) disposed proximate the chamber opening in an open position [Fig. 5; Col. 7, lines 4-9; Col. 7, lines 27-30].); and a vacuum pump (SMIDDY teaches a vacuum pump (78) [Fig. 5; Col. 7, lines 22-26].); wherein the first hopper wall and the vacuum lid define a first chamber disposed proximate to a second chamber defined by the first hopper wall and the second hopper wall (SMIDDY teaches the first hopper wall and the vacuum lid define a first chamber disposed proximate to a second chamber defined by the first hopper wall and the second hopper wall [Fig. 5].); and wherein the first chamber and the second chamber are in selective fluid communication via the chamber opening (SMIDDY teaches the first chamber and the second chamber are in selective fluid communication via the chamber opening (90) [Fig. 5; Col. 7, lines 27-30].); applying a rough vacuum to the first chamber and the second chamber using the vacuum pump (SMIDDY teaches the pump (78) is activated to open the flapper valve (90) [Col. 7, lines 27-30].); feeding feedstock into the feed hopper of the additive manufacturing printer (SMIDDY teaches the pellets go to the extruder (61) [Fig. 1; Col. 7, lines 13-15].); . . . ; allowing the feedstock to exit the feed hopper via the feed outlet (SMIDDY teaches allowing the pellets to exit the hopper via the feed outlet (92) [Fig. 5; Col. 7, lines 13-15].); heating the feedstock to give a heated printing material (SMIDDY teaches the pellets are heated [Col. 5, lines 27-32].); and extruding the heating printing material out of the additive manufacturing printer (SMIDDY teaches extruding the pellets out of the additive manufacturing printer (61) [Fig. 1; Col. 5, lines 47-49].).
SMIDDY is silent as to: a first valve disposed proximate the feed inlet in a closed position and opening the first valve and the closing the second valve, thereby pulling feedstock into the first chamber from a feedstock source; closing the first valve and the opening the second valve, thereby allowing feedstock from the first chamber to enter the second chamber and maintain a rough vacuum in the second chamber. In the same field of endeavor, additive manufacturing, FURUKAWA teaches: a first valve (232) disposed proximate the feed inlet in a closed position [Figs. 2-4; 0041-0042]. FURUKAWA teaches applying a vacuum to the first chamber and the second chamber using the vacuum pump [0037], as FURUKAWA teaches the vacuum pump is used to suck the powder from the powder tank all the way to the process chamber (201) [Fig. 2; 0037]. FURUKAWA teaches opening the first valve and closing the second valve and closing the first valve and opening the second valve to enter the second chamber [Fig. 4; 0041-0042]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY, by having a second valve at the feed opening, as suggested by FURUKAWA, in order to convey the powder by force feed [0037-0038].
Claim(s) 2-4, 9-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smiddy et al. (U.S. 11,472,108), hereinafter SMIDDY, and FURUKAWA (U.S. PGPUB 2017/0259337), as applied to claim 1 above, and further in view of Yang et al. (CN 109575584A, original and translation provided), hereinafter YANG.
Regarding claim 2, SMIDDY and FURUKAWA teach all of the claimed limitations as stated above, but are silent as to: wherein the method further comprises the step of drying the feedstock at a drying temperature for a drying time. In the same field of endeavor, additive manufacturing, YANG teaches drying the feedstock at a drying temperature for a drying time [pgs. 2, 4]. It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY and FURUKAWA, by drying the feedstock, as suggested by YANG, in order to have a material with excellent performance and high mechanical strength [pg. 2].
Regarding claim 3, YANG further teaches: wherein the step of drying the feedstock occurs less than 6 hours before the step of extruding the feedstock out of the additive manufacturing printer (YANG teaches the drying step is set to 6 hours [pg. 4]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to dry the material for 6 hours since the claimed ranges and the prior art ranges are close enough that one skilled in the art would have expected them to have the same properties and further being motivated to have a material with excellent performance and high mechanical strength [pg. 2].
Regarding claim 4, YANG further teaches: wherein the drying temperature is a temperature of between 40 to 120°C and the drying time is between 2 and 12 hours (YANG teaches drying the material at 80°C for 6 hours [pg. 4].).
Regarding claim 9, YANG further teaches: wherein the step of heating the feedstock further comprises displacing the feedstock through multiple temperature control zones (YANG teaches the pellets are put through multiple temperature control zones [pg. 4].). It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY and FURUKAWA, by using multiple temperature control zones as suggested by YANG, in order to create a product without warpage [pg. 4].
Regarding claim 10, YANG teaches: wherein the feedstock is displaced through four temperature control zones, the temperature control zones consisting of: a feed heating section having a feed temperature; a mixing section having a mixing temperature; a metering section having a metering temperature; and an exit section having exit temperature (YANG teaches four temperature zones can be used, three zones and a zone for the nozzle head [pg. 2].).
Regarding claim 11, YANG further teaches: wherein: the feed temperature is a temperature of between 150 to 210 °C; the mixing temperature is a temperature of between 190 to 250°C; the metering temperature is a temperature of between 210 to 270°C; and the exit temperature is a temperature of between 210 to 270°C (YANG teaches all four zones are set to a temperature range of 180-245°C [pg. 2]. Overlapping ranges are prima facie evidence of obviousness.).
Regarding claim 13, YANG further teaches: wherein the additive manufacturing printer is a single screw extruder having a screw speed of between 20 to 140 rpm or between 200 to 1000 rpm during the step of extruding the heated printing material out of the additive manufacturing printer (YANG teaches a single-screw extruder at a speed of 200 rpm during extruding [pg. 4]). It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY and FURUKAWA, by using a single-screw extruder at 200 rpm, as suggested by YANG, in order to create a product without warpage [pg. 4].
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smiddy et al. (U.S. 11,472,108), hereinafter SMIDDY, and FURUKAWA (U.S. PGPUB 2017/0259337), as applied to claim 1 above, and further in view of TAYLOR et al. (U.S. PGPUB 2020/0231807), hereinafter TAYLOR.
Regarding claim 5, SMIDDY and FURUKAWA teach all of the claimed limitations as stated above, but are silent as to: wherein the feedstock comprises a reinforcing fiber. In the same field of endeavor, additive manufacturing, TAYLOR teaches reinforcing material is used for the composites [0004; 0034]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY and FURUKAWA, by having the feedstock comprise a reinforcing fiber, as suggested by TAYLOR, as it’s a known option in the art. See KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007) ("A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.").
Regarding claim 6, TAYLOR further teaches: wherein the reinforcing fiber comprises a carbon fiber or a glass fiber (TAYLOR teaches the reinforcing fiber may be a glass fiber or a carbon fiber [0034]). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY and FURUKAWA, by having the feedstock comprise a carbon or glass fiber, as suggested by TAYLOR, as it’s a known option in the art. See KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007) ("A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.").
Regarding claim 7, TAYLOR further teaches: wherein the feedstock comprises a carbon fiber in an amount of from 0.01 to 25 wt. % (TAYLOR teaches the carbon fiber may be about 30 wt. % [0035]). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY and FURUKAWA, by having the feedstock comprise a carbon fiber with 30 wt. %, as suggested by TAYLOR, as it’s a known option in the art. See KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007) ("A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.").
Regarding claim 8, TAYLOR further teaches: wherein the feedstock comprises a glass fiber in an amount of from 0.01 to 45 wt. % (TAYLOR teaches the glass fiber may be about 30 wt. % [0035].). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY and FURUKAWA, by having the feedstock comprise a glass fiber with 30 wt. %, as suggested by TAYLOR, as it’s a known option in the art. See KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007) ("A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.").
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smiddy et al. (U.S. 11,472,108), hereinafter SMIDDY, and FURUKAWA (U.S. PGPUB 2017/0259337), as applied to claim 1 above, and further in view of Krichtman et al. (U.S. PGPUB 2013/0141491), hereinafter KRICHTMAN.
Regarding claim 12, SMIDDY and FURUKAWA teach all of the claimed limitations as stated above, but are silent as to: wherein the rough vacuum is a vacuum of between -200 to -760 torr. In the same field of endeavor, additive manufacturing, KRICHTMAN teaches a vacuum pipe system is connected to a pump that applies a reduced pressure of -0.4 to -0.8 bar (-300 torr to -600 torr) [0079], which meets the claimed range. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify SMIDDY and FURUKAWA, by having a vacuum pressure of -300 torr to -600 torr, as suggested by KRICHTMAN, in order to move the material through the system [0079; 0083].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE BEHA whose telephone number is (571)272-2529. The examiner can normally be reached MONDAY - FRIDAY 9:00 A.M. - 5:00 P.M.
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/C.B./Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748