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 Claims and Application
This non-final action on the merits is in response to the election of invention received by the office on 20 April 2026. Claims 1-20 are pending. Claims 9-14 are withdrawn as non-elected.
Election/Restrictions
Applicant's election with traverse of the invention of Group I (claims 1-8 and 15-20) in the reply filed on 20 April 2026 is acknowledged. The traversal is on the ground(s) that the claimed apparatus is configured to perform the claimed method. This is not found persuasive because the claimed configuration is not a structural relationship and therefore not limiting of the claimed apparatus.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-5, 7, 8, 15-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 6,410,105 Mazumder et al. (‘105 hereafter).
Regarding claim 1, ‘105 teaches an apparatus for three-dimensional (3D) printing of a 3D object, the apparatus comprising: at least one controller configured to: operatively couple to a transforming agent (Fig 1 items 108 and 110); and direct the transforming agent to execute stitch coupling to couple at least two portions of the 3D object to one another, the at least one controller being configured to direct the transforming agent to propagate along a path to transform a first material to a second material, the path alternatingly contacting the at least two portions, the first material comprising (a) a starting material for the 3D printing or (b) sections of the portions of a 3D object, the at least two portions being printed during the 3D printing by at least one other methodology different from the stitch coupling (Fig 3A and C1L45-C2L6).
Regarding claim 2, ‘105 teaches the apparatus wherein the second material includes (i) a melt pool type different from at least one other melt pool type generated respectively by the at least one other methodology, (ii) a microstructure type different from at least one other microstructure type generated respectively by the at least one other methodology, or (iii) any combination of (i) and (ii) (C1L57-C1L67).
Regarding claim 3, ‘105 teaches the apparatus wherein the at least two portions stitched by the stitch coupling are horizontally disconnected from each other by a gap (Fig 3A).
Regarding claim 4, ‘105 teaches the apparatus wherein the at least two portions stitched by the stitch coupling comprise melt pool deformations cured by the stitch coupling (C3L45-C3L58).
Regarding claim 5, ‘105 teaches the apparatus wherein the melt pool deformations comprise a non-requested melt pool that is an enlarged melt pool (C3L45-C3L58).
Regarding claim 7, ‘105 teaches the apparatus wherein the path propagates along a direction, the path having two sides that alternatingly contact each of the at least two portions, an I wherein each side of the path is disposed on a different portion of the at least two portions, the side of the path being normal to the direction of propagation of the path (Fig 3A).
Regarding claim 8, ‘105 teaches the apparatus wherein the path comprises a zigzag path or a sinusoidal path (Fig. 3A).
Regarding claim 15, ‘105 teaches a system for 3D printing of a 3D object, the system comprising: a transforming agent (Fig 1 item 110); and at least one controller operatively coupled to the transforming agent, the at least one controller configured to direct the transforming agent to execute stitch coupling to couple at least two portions of the 3D object as part of the 3D printing, the stitch coupling being a 3D printing methodology, the at least one controller also configured to direct the transforming agent to propagate along a path to transform a first material to a second material, the path alternatingly contacting each of the at least two portions, the first material comprising (a) a starting material for the 3D printing or (b) sections of the portions of a 3D object, the portions being printed during the 3D printing by at least one other methodology different from the stitch coupling (Fig 1 item 108).
Regarding claim 16, ‘105 teaches the system wherein the at least two portions stitched by the stitch coupling are horizontally disconnected from each other by a gap (Fig. 3A).
Regarding claim 17, ‘105 teaches he system wherein the at least two portions stitched by the stitch coupling comprise melt pool deformations cured by the stitch coupling (C3L45-C3L58).
Regarding claim 18, ‘105 teaches the system wherein the melt pool deformations comprise a non-requested melt pool that is an enlarged melt pool (C3L45-C3L58).
Regarding claim 20, ‘105 teaches the system wherein the path propagates along a direction, the path having two sides that alternatingly contact each of the at least two portions, and wherein each side of the path is disposed on a different portion of the at least two portions, the side of the path being normal to the direction of propagation of the path (Fig 3A).
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.
Claim(s) 6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘105 as applied to claims 1 or 15 respectively above, and further in view of U.S. Patent Application Publication 2017/0284206 to Roberts et al. (‘206 hereafter).
Regarding claim 6, ‘105 does not teach controlling porosity. In the same field of endeavor, additive manufacturing, ‘206 teaches the apparatus wherein the stitch coupling comprises reducing a porosity level in the at least two portions (paragraph 0008) for the benefit of controlling the thermal properties of the article manufactured. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘205 with those of ‘206 for the benefit of controlling the thermal properties of a manufactured article.
Regarding claim 19, ‘105 does not teach controlling porosity. In the same field of endeavor, additive manufacturing, ‘206 teaches the system wherein the stitch coupling comprises reducing a porosity level in the at least two portions (paragraph 0008) for the benefit of controlling the thermal properties of the article manufactured. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘205 with those of ‘206 for the benefit of controlling the thermal properties of a manufactured article.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John P Robitaille whose telephone number is (571)270-7006. The examiner can normally be reached Monday-Friday 8:30AM-6:00PM.
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/JPR/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743
