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 .
Election/Restrictions
Applicant’s election of claims 1, 3, and 5 in the reply filed on 3/4/2026 is acknowledged. 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)). Claims 2, 4, and 6 are withdrawn.
Claim Objections
Claim 3 is objected to because of the following informalities: in line 3 “at least equal to layers” needs to be “at least equal to the layers”. Appropriate correction is required.
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 1, 3, and 5 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. Claims 3 and 5 are rejected due to their dependency.
Claim 1 recites the limitations "a first dispenser” and “a second dispenser" in the last two clauses. There is insufficient antecedent basis for these limitation in the claim. The dispenser in the first clause was never described as being more than one dispenser, and additionally, are the first and second dispenser the same as the dispenser of the first clause.
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.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US PGPub 2019/0232559), in view of Thompson (US PGPub 2019/0126536; already of record, herein Thompson ‘536). Regarding claim 1, Thompson teaches:
Applying, by a dispenser, a layer of a first raw material to a work surface, the dispenser moving laterally across the work surface, wherein a layer thickness of the first raw material corresponds at least to a desired layer thickness of a layer to be added to the component (Figures 4-7, resin R is applied to build surface 226 by lateral movement of supply container 36, the thickness is as shown in the Figures)
Bringing the layer of the first raw material into contact with a surface of the component to be coated on the work surface and structurally curing a portion of the first raw material to form a new structured layer of the component (paragraphs 0066-0071, the applying and curing steps are repeated as claimed)
Lifting the component comprising the new layer off the work surface (As seen in Figure 8, and the final part would have to be removed from the work surface when completed)
Removing, by a first recovering device, a remaining first raw material from the work surface, the first recovering device moving laterally across the work surface (scraper 44 is moved laterally to remove remaining material, paragraphs 0041 and 0067-0069)
Repeating the aforementioned method steps with a second raw material and a second dispenser (Figure 1 shows a second material container 78, paragraph 0035-0036 teaches the material depositor 16 comprises the container 36 and optionally another (as seen in Figure 1). Paragraph 0062 teaches using a second material, which would thus go in the second material container)
Thompson does not explicitly teach a second recovering device. In paragraph 0067 Thompson teaches using more than two sumps, and recovering and recycling more than one material in paragraph 0068, thus there would be a strong inclination to have a second scraper 44.
Nevertheless, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have a second scraper, since Thompson teaches a desire to recycle different material, thus there would obviously be a second scraper. It has been held that a mere duplication of working parts of a device involves only routine skill in the art, and doing such has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI B).
Finally, regarding claim 1, Thompson does not teach returning the recovered material back to a first or second dispenser.
In the same field of endeavor Thompson ‘536 teaches returning unused material back to the depositor (Figure 1, filter 51 and recovered resin reservoir 57, and paragraph 0029).
it would have been obvious to one having ordinary skill in the art at the time the invention was filed to return recovered material since it recycles the material, further Thompson already showed a desire to recycle the unused material for later use (paragraph 0068), thus showing a need for the explicit means to do so, as taught by Thompson ‘536.
Regarding claim 3, Thompson teaches:
Wherein the work surface has a window permeable to radiation, the window has dimensions at least equal to layers to be added (Figure 1, floor 212 of build surface 226)
Wherein a building plate with the component is positioned above the window (Figure 1, stage 14)
Wherein the building plate is lowered normal to the window until a distance between the surface of the component and the work surface corresponds to a desired layer thickness of a new structured layer to be added to the component (As seen in Figure 7)
Wherein the first raw material is structured and cured into a new layer by irradiating the multilayer component through the window (As seen in Figure 7)
Wherein the building plate with the component and the new layer adhering to it is lifted off the work surface (As seen in Figure 8)
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with; in this instance the current rejection under 112(b). See 37 CFR 1.111(b) and MPEP § 707.07(a).
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