Prosecution Insights
Last updated: October 04, 2026
Application No. 18/940,922

DETECTING OPTICAL ANOMALIES ON OPTICAL ELEMENTS USED IN AN ADDITIVE MANUFACTURING MACHINE

Non-Final OA §102§103§DOUBLEPATENT
Filed
Nov 08, 2024
Priority
Apr 16, 2021 — continuation of 11/752,558 +1 more
Examiner
BROWN, MICHAEL J
Art Unit
Tech Center
Assignee
Concept Laser GmbH
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
929 granted / 1057 resolved
+27.9% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
18 currently pending
Career history
1064
Total Applications
across all art units

Statute-Specific Performance

§101
10.4%
-29.6% vs TC avg
§103
46.6%
+6.6% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1057 resolved cases

Office Action

§102 §103 §DOUBLEPATENT
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/8/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10, 12, 14-18, and 20 of U.S. Patent No. 12,162,073. Please see chart below comparing independent claims 1, 11, and 16 of the instant patent application to independent claims 1, 12, and 18 of the US Patent. Instant Patent Application US Patent No. 12,162,073 Notes 1. An additive manufacturing machine, comprising: 1. An additive manufacturing machine, comprising: same an energy beam system configured to emit an energy beam utilized in an additive manufacturing process; an energy beam system configured to emit an energy beam utilized in an additive manufacturing process; same one or more optical elements utilized by, or defining a portion of, the energy beam system and/or an imaging system of the additive manufacturing machine, the imaging system configured to monitor one or more operating parameters of the additive manufacturing process; first and second optical elements utilized by, or defining a portion of, the energy beam system and/or an imaging system of the additive manufacturing machine, the imaging system configured to monitor one or more operating parameters of the additive manufacturing process; one or more optical elements is not patentably distinct from first and second optical elements a light source configured to emit an assessment beam that follows an optical path incident upon the one or more optical elements; a light source configured to emit an assessment beam that follows an optical path incident upon the first and second optical elements; one or more optical elements is not patentably distinct from first and second optical elements one or more light sensors configured to detect a reflected beam comprising at least a portion of the assessment beam, wherein the one or more light sensors are configured to detect the reflected beam at a perimeter edge of the one or more optical elements; and one or more light sensors configured to detect a reflected beam that is either refracted by the first optical element, internally reflected by a proximal surface and a distal surface of the first optical element, or reflectively propagated between the distal surface of the first optical element and a proximal surface of the second optical element, the reflected beam comprising at least a portion of the assessment beam; and this limitation for instant patent application is merely a broader representation of the US Patent limitation, therefore the instant patent application is not patentably distinct from the US Patent a control system configured to determine, based at least in part on assessment data comprising data from the one or more light sensors, whether at least one of the one or more optical elements exhibits an optical anomaly. a control system configured to determine, based at least in part on assessment data comprising data from the one or more light sensors, whether at least one of the first and second optical elements exhibits an optical anomaly. one or more optical elements is not patentably distinct from first and second optical elements 11. A method of determining an optical anomaly exhibited by an optical element utilized in an additive manufacturing machine, the method comprising: 12. A method of determining an optical anomaly exhibited by an optical element utilized in an additive manufacturing machine, the method comprising: same emitting, with a light source, an assessment beam that follows an optical path incident upon one or more optical elements; emitting, with a light source, an assessment beam that follows an optical path incident upon first and second optical elements; one or more optical elements is not patentably distinct from first and second optical elements detecting, at a perimeter edge of the one or more optical elements with one or more light sensors, a reflected beam comprising at least a portion of the assessment beam; and detecting, with one or more light sensors, a reflected beam comprising at least a portion of the assessment beam that is either refracted by the first optical element, internally reflected by a proximal surface and a distal surface of the first optical element, or reflectively propagated between the distal surface of the first optical element and a proximal surface of the second optical element; and this limitation for instant patent application is merely a broader representation of the US Patent limitation, therefore the instant patent application is not patentably distinct from the US Patent determining, with a control system, whether at least one of the one or more optical elements exhibit an optical anomaly based at least in part on assessment data comprising data from the one or more light sensors; and determining, with a control system, whether at least one of the first and second optical elements exhibit an optical anomaly based at least in part on the assessment data comprising data from the one or more light sensors; and one or more optical elements is not patentably distinct from first and second optical elements wherein the one or more optical elements are utilized by, or define a portion of, an energy beam system and/or an imaging system of an additive manufacturing machine, the energy beam system configured to emit an energy beam utilized in an additive manufacturing process, and the imaging system configured to monitor one or more operating parameters of the additive manufacturing process. wherein the first and second optical elements are utilized by, or define a portion of, an energy beam system and/or an imaging system of an additive manufacturing machine, the energy beam system configured to emit an energy beam utilized in an additive manufacturing process, and the imaging system configured to monitor one or more operating parameters of the additive manufacturing process. one or more optical elements is not patentably distinct from first and second optical elements 16. A non-transitory computer-readable medium comprising computer-executable instructions, which when executed by a processor associated with an additive manufacturing system, cause the additive manufacturing system to perform a method comprising: 18. A non-transitory computer-readable medium comprising computer-executable instructions, which when executed by a processor associated with an additive manufacturing system, cause the additive manufacturing system to perform a method comprising: same emitting, with a light source, an assessment beam that follows an optical path incident upon one or more optical elements; emitting, with a light source, an assessment beam that follows an optical path incident upon first and second optical elements; one or more optical elements is not patentably distinct from first and second optical elements detecting, at a perimeter edge of the one or more optical elements with one or more light sensors, a reflected beam comprising at least a portion of the assessment beam; and detecting, with one or more light sensors, a reflected beam comprising at least a portion of the assessment beam that is either refracted by the first optical element, internally reflected by a proximal surface and a distal surface of the first optical element or reflectively propagated between the distal surface of the first optical element and a proximal surface of the second optical element; and this limitation for instant patent application is merely a broader representation of the US Patent limitation, therefore the instant patent application is not patentably distinct from the US Patent determining, with a control system, whether at least one of the one or more optical elements exhibit an optical anomaly based at least in part on assessment data comprising data from the one or more light sensors; and determining, with a control system, whether at least one of the first and second optical elements exhibit an optical anomaly based at least in part on the assessment data comprising data from the one or more light sensors; and one or more optical elements is not patentably distinct from first and second optical elements wherein the one or more optical elements are utilized by, or define a portion of, an energy beam system and/or an imaging system of an additive manufacturing machine, the energy beam system configured to emit an energy beam utilized in an additive manufacturing process, and the imaging system configured to monitor one or more operating parameters of the additive manufacturing process. wherein the one or more optical elements are utilized by, or define a portion of, an energy beam system and/or an imaging system of an additive manufacturing machine, the energy beam system configured to emit an energy beam utilized in an additive manufacturing process, and the imaging system configured to monitor one or more operating parameters of the additive manufacturing process. same Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant patent application and US Patent No. 12,162,073 teach determining whether optical elements exhibit an optical anomaly based on assessment data from one or more light sensors. However, the instant patent application is not patentably distinct from the US Patent due to the plurality of optical elements being claimed differently. Further, the instant patent application is not patentably distinct from the US Patent with it boarder representation of how the reflected beam is detected. 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 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, 3-8, 11, 12, 14, 16, 17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wighton et al. [Wighton] (US PGPub 2020/0282657). As to claim 1 Wighton discloses an additive manufacturing machine (additive fabrication device 100, see Fig. 1), comprising: an energy beam system (light source 106 used to cure liquid photopolymer; see Fig. 1 and paragraph 0057, lines 1-2) configured to emit an energy beam (light 108, see Fig. 1/light; see paragraph 0052, line 9) utilized in an additive manufacturing process (see paragraph 0057, lines 1-5); one or more optical elements (optical element 104, see Fig. 1) utilized by, or defining a portion of, the energy beam system and/or an imaging system of the additive manufacturing machine, the imaging system configured to monitor one or more operating parameters (contamination; see paragraph 0051, lines 12-13/parameters; see paragraph 0090, line 12/light intensity; see paragraph 0054, line 6) of the additive manufacturing process (see paragraph 0051, lines 10-20); a light source (light source 106, see Fig. 1) configured to emit an assessment beam (light 108 reflected; see Fig. 1 and paragraph 0051, lines 8-9) that follows an optical path incident upon the one or more optical elements (see paragraph 0052, lines 8-11); one or more light sensors (light sensor 110, see Fig. 1) configured to detect a reflected beam (light 108 reflected; see Fig. 1 and paragraph 0051, lines 8-9) that is either internally reflected by the first optical element or reflectively propagated between comprising at least a portion of the assessment beam, wherein the one or more light sensors are configured to detect the reflected beam at a perimeter edge of the one or more optical elements (see paragraph 0051, lines 10-15); and a control system (one or more processors 112, see Fig. 1) configured to determine, based at least in part on assessment data (received light intensity values; see paragraph 0088, line 7) comprising data from the one or more light sensors, whether the one or more optical elements exhibits an optical anomaly (scattered and/or absorbed; see paragraph 0051, lines 17) (see paragraph 0054, lines 2-11). As to claim 3 Wighton discloses the additive manufacturing machine of claim 1, wherein the light source is utilized by the imaging system (see paragraph 0022, lines 2-8). As to claim 4 Wighton discloses the additive manufacturing machine of claim 1, wherein the one or more optical elements comprise a window that separates one or more components of the energy beam system and/or the imaging system from a process chamber within which powder material is irradiated by the energy beam during the additive manufacturing process (see paragraph 0042, lines 10-15). As to claim 5 Wighton discloses the additive manufacturing machine of claim 1, comprising: a scanner configured to orient the assessment beam to a scanner position, the scanner position mapped to a scan field corresponding to the one or more optical elements; and wherein the control system is configured to determine a beam incidence location based at least in part on the scanner position corresponding to the data from the one or more light sensors (see paragraph 0045, lines 15-29; paragraph 0061, lines 1-5; and paragraph 0089, lines 1-10). As to claim 6 Wighton discloses the additive manufacturing machine of claim 5, wherein the beam incidence location is determined at least in part by mapping the scanner position to the data from the one or more light sensors (see paragraph 0045, lines 15-29). As to claim 7 Wighton discloses the additive manufacturing machine of claim 1, wherein the control system is configured to determine whether the one or more optical elements exhibit an optical anomaly based at least in part on a comparison of the assessment data to reference data (expected value of light intensity; see paragraph 0088, lines 7-8) (see paragraph 0054, lines 2-12 and paragraph 0088, lines 1-9). As to claim 8 Wighton discloses the additive manufacturing machine of claim 7, wherein the reference data comprises a threshold value (see paragraph 0054, lines 2-12 and paragraph 0088, lines 1-9). As to claim 11 Wighton discloses a method of determining an optical anomaly exhibited by an optical element utilized in an additive manufacturing machine (additive fabrication device 100, see Fig. 1), the method comprising: emitting, with a light source (light source 106, see Fig. 1), an assessment beam (light 108 reflected; see Fig. 1 and paragraph 0051, lines 8-9) that follows an optical path incident upon one or more optical elements (optical element 104, see Fig. 1) (see paragraph 0052, lines 8-11); detecting, at a perimeter edge of the one or more optical elements with one or more light sensors (light sensor 110, see Fig. 1), a reflected beam (light 108 reflected; see Fig. 1 and paragraph 0051, lines 8-9) comprising at least a portion of the assessment beam (see paragraph 0051, lines 10-15); and determining, with a control system (one or more processors 112, see Fig. 1), whether the one or more optical elements exhibit an optical anomaly (scattered and/or absorbed; see paragraph 0051, lines 17) based at least in part on assessment data (received light intensity values; see paragraph 0088, line 7) comprising data from the one or more light sensors (see paragraph 0054, lines 2-11); wherein the one or more optical elements are utilized by, or define a portion of, an energy beam system (light source 106 used to cure liquid photopolymer; see Fig. 1 and paragraph 0057, lines 1-2) and/or an imaging system of an additive manufacturing machine, the energy beam system configured to emit an energy beam (light 108, see Fig. 1/light; see paragraph 0052, line 9) utilized in an additive manufacturing process (see paragraph 0057, lines 1-5), the energy beam system configured to emit an energy beam utilized in an additive manufacturing process, and the imaging system configured to monitor one or more operating parameters (contamination; see paragraph 0051, lines 12-13/parameters; see paragraph 0090, line 12/light intensity; see paragraph 0054, line 6) of the additive manufacturing process (see paragraph 0051, lines 10-20). As to claim 12 Wighton discloses the method of claim 11, further comprising determining, with the control system, whether at least one of the one or more optical elements exhibit an optical anomaly based at least in part on a comparison of the assessment data to reference data (expected value of light intensity; see paragraph 0088, lines 7-8) (see paragraph 0054, lines 2-12 and paragraph 0088, lines 1-9). As to claim 14 Wighton discloses the method of claim 11, further comprising: orienting, with a scanner, the assessment beam to a scanner position, the scanner position mapped to a scan field corresponding to the one or more optical elements; and determining, with the control system, a beam incidence location based at least in part on the scanner position corresponding to the data from the one or more light sensors (see paragraph 0045, lines 15-29; paragraph 0061, lines 1-5; and paragraph 0089, lines 1-10). As to claim 16 Wighton discloses a non-transitory computer-readable medium comprising computer-executable instructions, which when executed by a processor associated with an additive manufacturing system (additive fabrication device 100, see Fig. 1), cause the additive manufacturing system to perform a method comprising: emitting, with a light source (light source 106, see Fig. 1), an assessment beam (light 108 reflected; see Fig. 1 and paragraph 0051, lines 8-9) that follows an optical path incident upon one or more optical elements (optical element 104, see Fig. 1) (see paragraph 0052, lines 8-11); detecting, at a perimeter edge of the one or more optical elements with one or more light sensors (light sensor 110, see Fig. 1), a reflected beam (light 108 reflected; see Fig. 1 and paragraph 0051, lines 8-9) comprising at least a portion of the assessment beam (see paragraph 0051, lines 10-15); and determining, with a control system (one or more processors 112, see Fig. 1), whether the one or more optical elements exhibit an optical anomaly (scattered and/or absorbed; see paragraph 0051, lines 17) based at least in part on assessment data (received light intensity values; see paragraph 0088, line 7) comprising data from the one or more light sensors (see paragraph 0054, lines 2-11); wherein the one or more optical elements are utilized by, or define a portion of, an energy beam system (light source 106 used to cure liquid photopolymer; see Fig. 1 and paragraph 0057, lines 1-2) and/or an imaging system of an additive manufacturing machine, the energy beam system configured to emit an energy beam (light 108, see Fig. 1/light; see paragraph 0052, line 9) utilized in an additive manufacturing process (see paragraph 0057, lines 1-5), and the imaging system configured to monitor one or more operating parameters (contamination; see paragraph 0051, lines 12-13/parameters; see paragraph 0090, line 12/light intensity; see paragraph 0054, line 6) of the additive manufacturing process (see paragraph 0051, lines 10-20). As to claim 17 Wighton discloses the non-transitory computer-readable medium of claim 16, wherein determining whether at least one of the one or more optical elements exhibit an optical anomaly comprises: determining, with the control system, whether at least one of the one or more optical elements exhibit an optical anomaly based at least in part on a comparison of the assessment data to reference data (expected value of light intensity; see paragraph 0088, lines 7-8) (see paragraph 0054, lines 2-12 and paragraph 0088, lines 1-9). As to claim 19 Wighton discloses the on-transitory computer-readable medium of claim 16, the method further comprising: orienting, with a scanner, the assessment beam to a scanner position, the scanner position mapped to a scan field corresponding to the one or more optical elements; and determining, with the control system, a beam incidence location based at least in part on the scanner position corresponding to the data from the one or more light sensors (see paragraph 0045, lines 15-29; paragraph 0061, lines 1-5; and paragraph 0089, lines 1-10). As to claim 20 Wighton discloses the on-transitory computer-readable medium of claim 16, the method further comprising: determining an operational state and/or a remedial event for an additive manufacturing machine, the operational state and/or the remedial event determined based on at least in part on one or more optical anomalies having been determined upon at least one of the one or more optical elements (see paragraph 0051, lines 15-22). 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 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) 2 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wighton et al. [Wighton] (US PGPub 2020/0282657) in view of Goodwin et al. [Goodwin] (US PGPub 2022/0252392). As to claim 2 Wighton discloses the additive manufacturing machine as cited in claim 1; however, Wighton fails to specifically disclose the additive manufacturing machine wherein the light source comprises an energy beam source of the energy beam system, and wherein the assessment beam emitted by the light source has a first energy level and the energy beam utilized in the additive manufacturing process has a second energy level when the energy beam is utilized to additively manufacture a three-dimensional object, and wherein the first energy level is less than the second energy level. Goodwin discloses an additive manufacturing machine (processing machine 10, see Fig. 1A) wherein a light source (light source; see paragraph 0508, line 1) comprises an energy beam source of the energy beam system, and wherein an assessment beam (patterned electron beam; see paragraph 0508, line 2) emitted by the light source has a first energy level and an energy beam (energy beam; see paragraph 0508, line 3) utilized in the additive manufacturing process has a second energy level when the energy beam is utilized to additively manufacture a three-dimensional object, and wherein the first energy level is less than the second energy level (see paragraph 0508, lines 1-6; patterned electron beam has an intensity less than that of the electron beam that is used for printing). Wighton and Goodwin are analogous art because they are from the same field of endeavor which is detection of changes in object topography in an additive manufacturing system. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wighton’s invention with Goodwin’s in order to require less intensity for illumination for assessment, since doing so would impart not enough heat to melt the powder and change the printed pattern when performing assessment (see Goodwin paragraph 0508, lines 4-6). As to claim 15 Wighton discloses the method as cited in claim 11; however, Wighton fails to specifically disclose the method wherein the light source comprises an energy beam source of the energy beam system, and further comprising emitting the assessment beam by the light source at a first energy level, and wherein the energy beam utilized in the additive manufacturing process has a second energy level when the energy beam is utilized to additively manufacture a three-dimensional object, and wherein the first energy level is less than the second energy level. Goodwin discloses a method wherein a light source (light source; see paragraph 0508, line 1) comprises an energy beam source of the energy beam system, and wherein an assessment beam (patterned electron beam; see paragraph 0508, line 2) emitted by the light source has a first energy level and an energy beam (energy beam; see paragraph 0508, line 3) utilized in the additive manufacturing process has a second energy level when the energy beam is utilized to additively manufacture a three-dimensional object, and wherein the first energy level is less than the second energy level (see paragraph 0508, lines 1-6; patterned electron beam has an intensity less than that of the electron beam that is used for printing). Wighton and Goodwin are analogous art because they are from the same field of endeavor which is detection of changes in object topography in an additive manufacturing system. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wighton’s invention with Goodwin’s in order to require less intensity for illumination for assessment, since doing so would impart not enough heat to melt the powder and change the printed pattern when performing assessment (see Goodwin paragraph 0508, lines 4-6). Other Related Art Ohno et al. (US Patent No. 5,404,019) teaches an additive manufacturing machine which detects an anomaly in a beam shaping aperture (optical element) by comparing an observed pattern and an expected pattern where the difference of the observed pattern and expected pattern exceeding a threshold indicates an anomaly in the beam shaping aperture (see Abstract and Fig. 7 below). PNG media_image1.png 200 400 media_image1.png Greyscale Allowable Subject Matter Claims 9-10, 13, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable (pending a timely filed Terminal Disclaimer to obviate the above Double Patenting rejection) if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Wighton and Goodwin, individually or in combination, fail to specifically disclose the additive manufacturing system and method wherein the control system is configured to determine location coordinates of the optical anomaly on at least one of the one or more optical elements (in regards to dependent claims 9, 13, and 18). Further; Wighton and Goodwin, individually or in combination, fail to specifically disclose the additive manufacturing machine wherein the one or more optical elements comprise a first optical element and a second optical element wherein the first optical element is a proximal optical element and the second optical element is a distal optical element (in regards to dependent claim 10). Accordingly, the listed dependent claim include allowable subject matter. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael J. Brown whose telephone number is (571)272-5932. The examiner can normally be reached Monday-Thursday from 5:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at (571)272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Michael J Brown/ Primary Examiner, Art Unit 2115
Read full office action

Prosecution Timeline

Nov 08, 2024
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §102, §103, §DOUBLEPATENT (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
97%
With Interview (+8.8%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1057 resolved cases by this examiner. Grant probability derived from career allowance rate.

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