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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“build material depositor to deliver build material layer-by-layer onto the build platform” in claim 1 – see paragraphs [0019], [0023], [0029], FIGs. 1-2 and FIG. 4, in the specification as filed, for the corresponding structure for performing the claimed function;
“build material compacting mechanism to compact” in claim 1 – see paragraphs [0021]-[0022], [0036], FIG. 2 and FIG. 4, in the specification as filed, for the corresponding structure for performing the claimed function;
“depositing unit to deposit build material” in claim 14 – see paragraphs [0019], [0023], [0029], FIGs. 1-2 and FIG. 4, in the specification as filed, for the corresponding structure for performing the claimed function; and
“compacting component to cause the foundational layers of build material to be compacted” in claim 14 – see paragraphs [0021]-[0022], [0036], FIG. 2 and FIG. 4, in the specification as filed, for the corresponding structure for performing the claimed function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
[AltContent: rect]
Claims 14-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims do not fall within at least one of the four categories of patent eligible subject matter because these claims recite “a machine-readable medium comprising instructions” without reciting that the medium is “non-transitory”. The term “machine-readable medium” in the claims reads, under broadest reasonable interpretation, to include a signal per se which is not patentable. See MPEP § 2106.03 for further details.
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.
[AltContent: rect]
Claims 1-7 and 14-15 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.
Regarding claim 1 and 14: the claim limitation “build material depositor to deliver build material” in claim 1 and “depositing unit to deposit build material” in claim 14 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
As discussed above, paragraphs [0019], [0023], [0029], FIGs. 1-2 and FIG. 4, in the specification as filed, provide additional information regarding the corresponding structure for performing the claimed function; specifically, paragraph [0023] states “the build material compacting mechanism 106 and the build material depositor 104 are separate components … the build material compacting mechanism 106 may comprise the build material depositor 104 (or vice versa) … a single component may be used both to deliver build material 110 onto the build platform 102 and also to compact the first plurality of layers of build material” and paragraph [0029] states “the build material depositor 104 (e.g., the roller 202)”. Though, these portions of the specification as filed provide more functional details rather than structural, and FIGs. 1-2 and FIG. 4 depict build material depositor 104 as being a generic box above build platform 102; thus, the disclosure is devoid of any clear structure that performs the function in the claim. Claims 2-7 and 15 are rejected due to their dependency on claim 1 and claim 14, respectively.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
[AltContent: rect]
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Hudelson et al. (US 2022/0032377; herein referred to as Hudelson).
As to claim 1: Hudelson discloses the claimed additive manufacturing apparatus (i.e., binder jet fabrication subsystem 102’) (Hudelson at [0038], FIG. 1C – see annotated version provided below), comprising:
a build platform (i.e., plate/platform connected to build box actuator mechanism 138’ which holds powder bed 124’) (Hudelson at FIG. 1C – see annotated version provided below);
a build material depositor to deliver build material layer-by-layer onto the build platform (i.e., hopper 121’ is any suitable metering apparatus configured to meter or deliver powder from powder supply 120’ onto a top surface 123 of powder bed 124’) (Hudelson at [0038], [0039], FIG. 1C – see annotated version provided below),
wherein the build material depositor is to deliver build material to form a first plurality of layers of build material to form a foundation (i.e., hopper 121’ is movable across powder bed 124’ to deliver powder from powder supply 120’ onto top surface 123’ to form layer 127 of powder; therefore, hopper 121’ is capable of the functional claim limitation “to form a first plurality of layers of build material to form a foundation” ) (Hudelson at [0040], FIG. 1C – see annotated version below), and
PNG
media_image1.png
427
620
media_image1.png
Greyscale
a second plurality of layers of build material on top of the first plurality of layers of build material (i.e., hopper 121’ is movable across powder bed 124’ to deliver powder from powder supply 120’ onto top surface 123’ and powder delivery is successively performed in order to form a plurality of layers 129 of powder) (Hudelson at [0040], FIG. 1C – see annotated version provided above),
wherein portions of build material in the second plurality of layers of build material are to be selectively solidified to form a three-dimensional object (i.e., controller 128’ actuates print head 126’ to deliver binder material 132’ in a predetermined, two-dimensional pattern to the layer of the powder spread across print bed 124’ to form a layer of one or more three-dimensional objects 134’ due to binder material 132’ configured to selectively bind and solidify the powder particles) (Hudelson at [0033], [0034], [0041], [0042], FIG. 1C – see annotated version provided above); and
a build material compacting mechanism to compact the first plurality of layers of build material that are formed on the build platform prior to delivery of the second plurality of layers of build material (i.e., one or more spreaders 122′ may be movable across powder bed 124′ downstream of hopper 121 to spread powder, from pile 125, across powder bed 124; the one or more spreaders 122′ also compacts the powder on top surface 123 to form layer 127) (Hudelson at [0037], [0039], FIG. 1C – see annotated version provided above).
Regarding the claim limitation “such that the first plurality of layers of build material are caused to have a higher density than the second plurality of layers of build material”, it is respectfully noted that the claims are directed to an apparatus (i.e., an additive manufacturing apparatus); consequently, the material worked upon or the process of using the apparatus is viewed as a recitation of intended use and is given patentable weight only to the extent that structure is added to the claimed apparatus. See MPEP § 2112.01 I and § 2114-2115 for further details.
Hudelson discloses systems and methods for measuring and/or controlling powder bed density during three-dimensional printing including spreading the first amount of powder material across the powder print bed to form a first layer, measuring a density of powder material within the powder print bed, and adjusting a parameter of the printing system (i.e., powder metering rate and/or spreader rate) based on the measured density of the powder material within the powder print bed; where if more powder (i.e., a higher pile of powder) is compacted into a layer of a given height, it will have a higher density than a relatively shorter pile of less powder is compacted into a layer of a given height – therefore, the metering rate can be increased or decreased to create higher or shorter piles of powder to be compacted into a layer, thereby creating more or less dense layers of powder (Hudelson at [0010]-[0011], [0026], [0027], [0046]-[0048], [0070], [0071]) and therefore reads on the claimed functional limitation “such that the first plurality of layers of build material are caused to have a higher density than the second plurality of layers of build material.”
It is the Examiner's assessment, absent evidence to the contrary, that the prior art applied would be capable of meeting the recited functionality at the time of the invention. See MPEP 2114 (II) "A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus teaches all the structural limitations of the claim." (quotes and citation omitted). The burden, therefore, shifts to the Applicant to establish that the prior art does not possess the characteristic relied on (see MPEP § 2114(I)) (citation omitted).
As to claim 2: Hudelson discloses the additive manufacturing apparatus of claim 1. Hudelson further discloses the claimed wherein the build material compacting mechanism comprises a roller to spread deposited build material over the build platform during a build material depositing process and to apply a force to the build material during a compacting process (i.e., spreader 122’ is a roller; layers of powder may be applied to powder print bed 124’ by hopper 121’ followed by a compaction roller configured to spread the deposited powder to form a layer of powder; and it is possible to indirectly measure the density of the powder bed 124’ based on the measurement of the force on the compaction roller) (Hudelson at [0032], [0037], [0038], [0066], FIG. 1C).
As to claim 3: Hudelson discloses the additive manufacturing apparatus of claim 2. Hudelson further discloses the claimed wherein the roller is to be in contact with, and be moved over, the first plurality of layers of build material as the roller rotates, to compact the first plurality of layers of build material (i.e., spreader 122’ is a roller; layers of powder may be applied to powder print bed 124’ by hopper 121’ followed by a compaction roller configured to spread the deposited powder to form a layer of powder) (Hudelson at [0032], [0037], [0038], [0040], [0066], FIG. 1C).
As to claim 4: Hudelson discloses the additive manufacturing apparatus of claim 1. Hudelson further discloses the claimed wherein the build material depositor and the build platform are moveable relative to one another (i.e., build box mechanism 108’ includes a build box actuator mechanism 138’ that lowers powder bed 124’ incrementally as each layer 127 of powder is distributed across powder bed 124’; and controller 128′ is in communication with hopper 121 and the one or more spreaders 122′ to actuate the movement of hopper 121 and the one or more spreaders 122′ across powder bed 124′); and wherein compacting of the first plurality of layers of build material is caused by compacting the first plurality of layers of build material between the build material depositor and the build platform (i.e., spreaders 122′ may be movable across powder bed 124′ downstream of hopper 121 to spread powder, e.g., from pile 125, across powder bed 124, such that spreaders 122′ also compact the powder on top surface 123 to form a layer 127 of powder; and controller 128′ may control the metering or delivery of powder by hopper 121 from powder supply 120 to top surface 123 of powder bed 124′) (Hudelson at [0037], [0040], [0042], [0044], FIG. 1C).
As to claim 5: Hudelson discloses the additive manufacturing apparatus of claim 4. Hudelson further discloses the claimed wherein the build material depositor is moveable between a plurality of positions relative to the build platform; wherein, in each of the plurality of positions, relative movement reducing a distance between the build material depositor and the build platform causes compacting of the first plurality of layers of build material (i.e., layers of powder may be applied to powder print bed 124 by a hopper followed by a compaction roller, the hopper may move across powder print bed 124, depositing powder along the way; the compaction roller may be configured to follow the hopper, spreading the deposited powder to form a layer of powder; and controller 128′ is in communication with hopper 121 and the one or more spreaders 122′ to actuate the movement of hopper 121 and the one or more spreaders 122′ across powder bed 124′) (Hudelson at [0037], [0040], [0042], [0044], FIG. 1C).
[AltContent: rect]
Claims 8 and 10-13 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Hudelson et al. (US 2022/0032377; herein referred to as Hudelson).
As to claim 8: Hudelson discloses the claimed method (i.e., methods for measuring or controlling powder bed density during three-dimensional printing, e.g., during or after spreading powder on a powder print bed) (Hudelson at [0026], FIG. 1C) comprising:
depositing a first amount of build material onto a print bed (i.e., layers 127 of powder may be applied to powder print bed 124 by a hopper 121) (Hudelson at [0037], FIG. 1C – see annotated version provided below), the first amount of build material to form a base on which to form a three-dimensional object (i.e., layer 127 of powder in FIG. 1C is illustrated as a base for three-dimensional object 134’ to be formed thereon in the build-up of layers 129) (Hudelson at FIG. 1C – see annotated version provided below);
PNG
media_image2.png
427
620
media_image2.png
Greyscale
compacting the first amount of build material to increase a density of the build material in the first amount of build material to a first density (i.e., layers of powder may be applied to powder print bed 124 by a hopper 121 followed by a compaction roller 122’; depositing a first amount of powder material onto a powder bed 124’ to form a first layer 127, measuring a density of the powder material within the powder print bed 124’ and adjusting a parameter of the printing system based on the measured density of the powder material within the powder print bed 124’; measuring the density indirectly of the powder bed 124’ based on the measurement of the force of on the compaction roller; and adjusting process parameters to adjust the density of the powder bed 124’, the process parameter being adjusted including adjusting the speed of the compaction rollers while compacting a layer of powder material on top surface 123) (Hudelson at [0010]-[0011], [0026]-[0027], [0037], [0066], [0070]-[0071], FIG. 1C); and
depositing a second amount of build material onto the compacted first amount of build material, the second amount of build material being deposited on a layer-by-layer basis (i.e., hopper 121 is movable across powder bed 124’ to deliver powder from powder supply 120 onto top surface 123 and powder delivery is successively performed in order to form a plurality of layers 129 of powder) (Hudelson at [0040], FIG. 1C),
wherein portions of second amount of build material are to be selectively solidified to form the three-dimensional object (i.e., controller 128’ actuates print head 126’ to deliver binder material 132’ in a predetermined, two-dimensional pattern to the layer of the powder spread across print bed 124’ to form a layer of one or more three-dimensional objects 134’ due to binder material 132’ configured to selectively bind and solidify the powder particles) (Hudelson at [0033], [0034], [0041], [0042], FIG. 1C);
wherein each layer in the second amount of build material has a second density, which is lower than the first density (i.e., layer 127 of powder is the first layer depicted in FIG. 1C, which means this layer 127 will inherently have a higher density due to the subsequent application of powder layers on top of layer 127 compared to the second amount of build material in layers 129 having a second density; measuring a density of the powder material within the powder print bed 124’ and adjusting a parameter of the printing system based on the measured density of the powder material within the powder print bed 124’; measuring the density indirectly of the powder bed 124’ based on the measurement of the force of on the compaction roller; and adjusting process parameters to adjust the density of the powder bed 124’, the process parameter being adjusted including adjusting the speed of the compaction rollers while compacting a layer of powder material on top surface 123) (Hudelson at [0010]-[0011], [0026]-[0027], [0037], [0066], [0070]-[0071], FIG. 1C).
As to claim 10: Hudelson discloses the method of claim 8. Hudelson further discloses the claimed wherein compacting the first amount of build material comprises: positioning a compacting surface above a first portion of the print bed (i.e., spreaders/rollers 122’ are located on the top surface 123 of powder bed 124’, which would have been the print bed/platen depicted in annotated FIG. 1C above) (Hudelson at FIG. 1C – see the annotated version provided above);
moving the print bed and/or the compacting surface so as to temporarily reduce a distance between the compacting surface and the first portion of the print bed (i.e., layers of powder may be applied to powder print bed 124 by a hopper followed by a compaction roller, the hopper may move across powder print bed 124, depositing powder along the way; the compaction roller may be configured to follow the hopper, spreading the deposited powder to form a layer of powder; and controller 128′ is in communication with hopper 121 and the one or more spreaders 122′ to actuate the movement of hopper 121 and the one or more spreaders 122′ across powder bed 124′) (Hudelson at [0037], [0040], [0042], [0044], FIG. 1C);
positioning a compacting surface above a second portion of the print bed (i.e., spreaders/rollers 122’ are located on the top surface 123 of powder bed 124’, which would have been the print bed/platen depicted in annotated FIG. 1C above) (Hudelson at FIG. 1C); and moving the print bed and/or the compacting surface so as to temporarily reduce a distance between the compacting surface and the second portion of the print bed (i.e., layers of powder may be applied to powder print bed 124 by a hopper followed by a compaction roller, the hopper may move across powder print bed 124, depositing powder along the way; the compaction roller may be configured to follow the hopper, spreading the deposited powder to form a layer of powder; and controller 128′ is in communication with hopper 121 and the one or more spreaders 122′ to actuate the movement of hopper 121 and the one or more spreaders 122′ across powder bed 124′) (Hudelson at [0037], [0040], [0042], [0044], FIG. 1C).
As to claim 11: Hudelson discloses the method of claim 8. Hudelson further discloses the claimed wherein compacting the first amount of build material comprises rolling a roller over a surface of the first amount of build material (i.e., spreader 122’ is a roller; layers of powder may be applied to powder print bed 124’ by hopper 121’ followed by a compaction roller configured to spread the deposited powder to form a layer of powder) (Hudelson at [0032], [0037], [0038], [0066], FIG. 1C).
As to claim 12: Hudelson discloses the method of claim 8. Hudelson further discloses the claimed wherein depositing a first amount of build material onto a print bed comprises depositing build material to form a plurality of layers of build material; and wherein compacting the first amount of build material comprises compacting each layer of the plurality of layers, before a subsequent layer of build material is formed (i.e., spreader 122’ is a roller; layers of powder may be applied to powder print bed 124’ by hopper 121 followed by a compaction roller configured to spread the deposited powder to form a layer 127 of powder before layers 129 are formed) (Hudelson at [0032], [0037], [0038], [0066], FIG. 1C).
As to claim 13: Hudelson discloses the method of claim 8. Hudelson further discloses the claimed wherein depositing a second amount of build material onto a print bed comprises depositing build material to form a plurality of layers of build material (i.e., hopper 121’ is movable across powder bed 124’ to deliver powder from powder supply 120’ onto top surface 123’ and powder delivery is successively performed in order to form a plurality of layers 129 of powder) (Hudelson at [0040], FIG. 1C): wherein the method further comprises: compacting a layer of build material in the second amount of build material to increase a density of the build material in the second amount of build material (i.e., layers of powder may be applied to powder print bed 124 by a hopper followed by a compaction roller, the hopper may move across powder print bed 124, depositing powder along the way; the compaction roller may be configured to follow the hopper, spreading the deposited powder to form a layer of powder; and controller 128′ is in communication with hopper 121 and the one or more spreaders 122′ to actuate the movement of hopper 121 and the one or more spreaders 122′ across powder bed 124′) (Hudelson at [0037], [0040], [0042], [0044], FIG. 1C).
[AltContent: rect]
Claims 14-15 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Hudelson et al. (US 2022/0032377; herein referred to as Hudelson).
As to claim 14: Hudelson discloses the claimed machine-readable medium comprising instructions which, when executed by a processor (i.e., central processing unit 820 may be any type of processor device), cause the processor to (i.e., device 800 for performing a method of measuring and controlling powder bed density during three-dimensional printing includes software comprising machine-executable or machine-interpretable instructions for carrying out method by the central processing unit 820) (Hudelson at [0026]-[0027], [0077]-[0081], [0083], FIG. 8):
operate a depositing unit to deposit build material to form foundational layers of build material on a build platform of an additive manufacturing apparatus (i.e., controller 128’ controls the metering or delivery of powder by hopper 121 from powder supply 120 to top surface 123 of powder bed 124’ hopper 121’ is movable across powder bed 124’ to deliver powder from powder supply 120’ onto top surface 123’ to form layer 127 of powder (Hudelson at [0037], [0040], [0042], FIG. 1C – see annotated version below, FIG. 8);
PNG
media_image1.png
427
620
media_image1.png
Greyscale
operate a compacting component to cause the foundational layers of build material to be compacted, thereby increasing a packing density of build material in the foundational layers (i.e., one or more spreaders 122′ may be movable across powder bed 124′ downstream of hopper 121 to spread powder, from pile 125, across powder bed 124; the one or more spreaders 122′ also compacts the powder on top surface 123 to form layer 127; measuring the density indirectly of the powder bed 124’ based on the measurement of the force of on the compaction roller; and adjusting process parameters to adjust the density of the powder bed 124’, the process parameter being adjusted including adjusting the speed of the compaction rollers while compacting a layer of powder material on top surface 123) (Hudelson at [0010]-[0011], [0026]-[0027], [0037], [0039], [0066], [0070]-[0071], FIG. 1C – see annotated version provided above); and
operate the depositing unit to deposit build material to form further layers of build material on the compacted foundational layers of build material (i.e., hopper 121 is movable across powder bed 124’ to deliver powder from powder supply 120 onto top surface 123 and powder delivery is successively performed in order to form a plurality of layers 129 of powder on top of layer 127 of powder, layers 129 forming the three-dimensional object 134’) (Hudelson at [0040], FIG. 1C);
wherein build material in the further layers of build material is to be selectively solidified to form a three-dimensional object (i.e., controller 128’ actuates print head 126’ to deliver binder material 132’ in a predetermined, two-dimensional pattern to the layer of the powder spread across print bed 124’ to form a layer of one or more three-dimensional objects 134’ due to binder material 132’ configured to selectively bind and solidify the powder particles) (Hudelson at [0033], [0034], [0041], [0042], FIG. 1C); and
wherein the packing density of build material in the foundational layers is larger than a packing density of build material in the further layers of build material (i.e., layer 127 of powder is the first layer depicted in FIG. 1C, which means this layer 127 will inherently have a higher density due to the subsequent application of powder layers on top of layer 127 compared to the second amount of build material in layers 129 having a second density; measuring a density of the powder material within the powder print bed 124’ and adjusting a parameter of the printing system based on the measured density of the powder material within the powder print bed 124’; measuring the density indirectly of the powder bed 124’ based on the measurement of the force of on the compaction roller; and adjusting process parameters to adjust the density of the powder bed 124’, the process parameter being adjusted including adjusting the speed of the compaction rollers while compacting a layer of powder material on top surface 123) (Hudelson at [0010]-[0011], [0026]-[0027], [0037], [0066], [0070]-[0071], FIG. 1C).
As to claim 15: Hudelson discloses the machine-readable medium of claim 14. Hudelson further discloses the claimed machine-readable medium further comprising instructions which, when executed by a processor, cause the processor to: operate the compacting component to spread the deposited build material over the build platform, prior to causing the foundational layers of build material to be compacted (i.e., device 800 for performing the methods includes a central processing unit CPU 820 which is a processor configured to carry out the method including the step of pile 125 of powder on top surface 123 is spread by spreader 122’ and then compacted when there is a separate spreader and compaction roller) (Hudelson at [0070]-[0071], [0077]).
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 [AltContent: rect]against the later invention.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hudelson as applied to claim 1 above, and further in view of Mironets et al. (US 2015/0314373; herein referred to as Mironets).
As to claim 6: Hudelson discloses the additive manufacturing apparatus of claim 4. Hudelson discloses the packing density being controlled by pressing the powder with a roller after deposition to increase the packing density (Hudelson at [0032], [0037], [0038], [0066], FIG. 1C). Though, Hudelson fails to disclose the claimed wherein the build material compacting mechanism comprises a vibration device; wherein the vibration device is in contact with the build platform, and is capable of causing the build platform to vibrate.
However, Mironets teaches an additive manufacturing system 10 used to manufacture components in a layer-by-layer manner; the additive manufacturing system 10 including a source powder bed 12, recoater blade 16, build powder bed 18, and build plate 22 (Mironets at [0010], Fig. 1). Mironets further teaches the build plate 22 including permanently installed transducers 32, and the permanently installed transducers are configured to cause vibrations; thus, vibrations caused by permanently installed transducers 32 that are positioned within holes defined by build plate 22 can be transferred to stack 24 during additive manufacturing (i.e., wherein the build material compacting mechanism comprises a vibration device; wherein the vibration device is in contact with the build platform, and is capable of causing the build platform to vibrate) (Mironets at [0010], [0015], [0016], [0017], Fig. 1)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the permanently installed transducers within a build plate as such is known in the art of additive manufacturing given the discussion of Mironets above presenting a reasonable expectation of success; and doing so is combining prior art elements according to known methods to yield predictable results, with the added benefit of doing so enabling stress relief to be accomplished even after deposition of only a few layers as the part is being built without increasing fabrication time, which ensures proper binding to a build plate and prevents distortions that can be propagated throughout subsequently applied layers (as recognized by Mironets at [0006], [0017], [0019]).
As to claim 7: Hudelson, Hiro and Mironets teach the additive manufacturing apparatus of claim 6. Mironets further teaches the claimed wherein the vibration device is to cause the build platform to vibrate in direction perpendicular to a surface of the build platform on which build material is to be deposited (i.e., permanently installed transducers 32 are configured to cause vibrations that propagate parallel to the build direction; permanently installed transducers 32 are permanent in that they do not change position while additive manufacturing takes place; however, permanently installed transducers 32 may be moved within build plate 22 between the manufacture of parts, where build plate 22 will define multiple transducer cavities to allow permanently installed transducers 32 to be positioned in a variety of configurations) (Mironets at [0015], [0016], [0019]), for similar motivation discussed in the rejection of claim 6.
[AltContent: rect]
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hudelson as applied to claim 8 above, and further in view of Mironets et al. (US 2015/0314373; herein referred to as Mironets).
As to claim 9: Hudelson discloses the method of claim 8. Hudelson discloses the packing density being controlled by pressing the powder with a roller after deposition to increase the packing density (Hudelson at [0032], [0037], [0038], [0066], FIG. 1C). Though, Hudelson fails to disclose the claimed wherein compacting the first amount of build material comprises applying a vibration to the print bed.
However, Mironets teaches an additive manufacturing system 10 used to manufacture components in a layer-by-layer manner; the additive manufacturing system 10 including a source powder bed 12, recoater blade 16, build powder bed 18, and build plate 22 (Mironets at [0010], Fig. 1). Mironets further teaches the build plate 22 including permanently installed transducers 32, and the permanently installed transducers are configured to cause vibrations; thus, vibrations caused by permanently installed transducers 32 that are positioned within holes defined by build plate 22 can be transferred to stack 24 during additive manufacturing (i.e., wherein compacting the first amount of build material comprises applying a vibration to the print bed) (Mironets at [0010], [0015], [0016], [0017], Fig. 1)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the permanently installed transducers within a build plate as such is known in the art of additive manufacturing given the discussion of Mironets above presenting a reasonable expectation of success; and doing so is combining prior art elements according to known methods to yield predictable results, with the added benefit of doing so enabling stress relief to be accomplished even after deposition of only a few layers as the part is being built without increasing fabrication time, which ensures proper binding to a build plate and prevents distortions that can be propagated throughout subsequently applied layers (as recognized by Mironets at [0006], [0017], [0019]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Hiro et al. (US 2023/0008559) teaches a powder bed fusion apparatus which forms a plurality of first layers constituting a buffer layer of the powder material of a predetermined thickness prior to forming a plurality of second layers for forming a three-dimensional object (Hiro at [0127], [0145], [0146], FIG. 18, FIG. 27).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILEIGH K. DARNELL whose telephone number is (469)295-9287. The examiner can normally be reached M-F, 9am-5pm, MST.
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, Galen H. Hauth can be reached at (571)270-5516. 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.
/BAILEIGH KATE DARNELL/ Examiner, Art Unit 1743