DETAILED ACTION
In Reply filed on 08/05/2026, claims 1-7 are pending. Claims 6-7 are newly added. Claims 1-7 are considered in the current Office 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Previous Objections/Rejections
Previous 35 USC 112(b) rejections are withdrawn based on the Applicant’s amendments.
Previous 35 USC 103 rejections are maintained in view of the Applicant’s argument. See Response to Argument below.
Claim Interpretation
The Examiner wishes to point out the application claims are directed towards an apparatus and as such will be examined under such conditions. The material worked upon or the process of using the apparatus is viewed as recitation of intended use and is given patentable weight only to the extent that structure is added to the claimed apparatus (Please see MPEP 2112.01 and 2114-2115 for further details).
The Examiner wishes to point out the application claims recites “controller performs…” has been interpreted as controller executes a program or instructions using a processor to perform a function (which is in line with [0036] of the instant application).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over US2021/0331367 (Enari) in view of US2021/0031422 (Yamashita) and US2003/0064124 (Comb).
Regarding Claim 1, Enari teaches a three-dimensionally shaping apparatus (abstract and Figure 1) comprising:
a plasticizer (Figure 1, plasticizing section 120) that includes a screw (Figure 1, flat screw 130) and a motor (Figure 1, drive motor 124) that rotates the screw ([0082], the flat screw 130 is rotated around the rotational axis RA by a torque generated by the drive motor 124) and plasticizes a material to produce a plasticized material (abstract and [0006]-[0016]);
a nozzle (Figure 1, nozzle 170) that has a nozzle opening (Figure 1, nozzle hole 174) and discharges the plasticized material ([0097]); and
a controller ([0012]) that controls the plasticizer ([0012]-[0016]),
wherein the controller performs (claim interpretation, the controller is capable of performing the recited functions without additional modification) at least one of a first operation ([0013]-[0015],a first process for rotating the screw at a first rotation speed by controlling the drive motor and a second process for rotating the screw at a second rotation speed higher than the first rotation speed by controlling the drive motor), the first operation adjusting a rotational speed of the screw from a first speed to a second speed greater than the first speed ([0013]-[0015]). Enari further teaches the control unit adjust and control the rotation speed of the flat screw based on the shaping data, thereby plasticizing a material and forming a molten material ([0102]-[0106]).
Enari fails to teach wherein the controller performs a second operation, the first operation adjusting the rotational speed of the screw to a third speed greater than the first speed but smaller than the second speed in order to adjust a discharge quantity of the plasticized material discharged from the nozzle from a first discharge quantity to a second discharge quantity greater than the first discharge quantity, the second operation adjusting the rotational speed of the screw from a fourth speed to a fifth speed smaller than the fourth speed and then adjusting the rotational speed of the screw to a sixth speed greater than the fifth speed but smaller than the fourth speed in order to adjust the discharge quantity of the plasticized material discharged from the nozzle from a third discharge quantity to a fourth discharge quantity smaller than the third discharge quantity.
However, Yamashita teaches the control unit may adjust the rotation speed of the screw by controlling the drive motor according to a value of the flow rate measured by the flow rate sensor ([0039]). Thus, one of ordinary skill in the art would recognize to adjust rotation speed of the screw to achieve desired flow rate. Comb teaches the controller performs at least one of a first operation and a second operation (see annotated Figure 7b), the first operation adjusting a rotational speed of the screw from a first speed to a second speed greater than the first speed (see annotated Figure 7b) and then adjusting the rotational speed of the screw to a third speed greater than the first speed but smaller than the second speed (see annotated Figure 7b) in order to adjust a discharge quantity of the plasticized material discharged from the nozzle from a first discharge quantity to a second discharge quantity greater than the first discharge quantity ([0051], as the flow rate is adjusted, the discharge quantity is also adjusted), the second operation adjusting the rotational speed of the screw from a fourth speed to a fifth speed smaller than the fourth speed (see annotated Figure 7b) and then adjusting the rotational speed of the screw to a sixth speed greater than the fifth speed but smaller than the fourth speed (see annotated Figure 7b) in order to adjust the discharge quantity of the plasticized material discharged from the nozzle from a third discharge quantity to a fourth discharge quantity smaller than the third discharge quantity ([0051],
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as the flow rate is adjusted, the discharge quantity is also adjusted).
Enari, Yamashita, and Comb are considered to be analogous to the claimed invention because they are in the same field of extrusion based manufacturing with a control unit that adjust the discharge quantity. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the apparatus as taught by Enari such that it teaches all of the above mentioned limitations as taught by Yamashita in view of Comb to achieve desired output flow rate of the material and to achieve the desired extrusion profile (Comb, [0052]).
Regarding Claim 2, the modified Enari teaches the three-dimensionally shaping apparatus according to claim 1, wherein in the first operation, the controller adjusts the rotational speed of the screw to the second speed (Comb, see annotated Figure 7b and [0051]), then adjusts the rotational speed to a seventh speed smaller than the second speed but greater than the third speed (see annotated Figure 7b), and then adjusts the rotational speed from the seventh speed to the third speed (see annotated Figure 7b).
Regarding Claim 3, the modified Enari teaches the three-dimensionally shaping apparatus according to claim 1, further comprising:
a channel (Enari, Figure 1, flow channel 172) through which the plasticized material flows and which communicates with the nozzle opening ([0088]); and
a suction/delivery section (Figure 13, injection mechanism 910) including a branch channel (Figure 13, injection cylinder 912) coupled to the channel (Figure 1 and 13, injection cylinder 912 is coupled to the flow channel 172) and a plunger (Figure 13, plunger 914) disposed in the branch channel (Figure 13) and configured to suction the plasticized material in the channel into the branch channel and deliver the plasticized material in the branch channel to the channel by changing a position of the plunger ([0161]),
wherein the controller performs at least one of the operation of performing the first operation ([0013]-[0015],a first process for rotating the screw at a first rotation speed by controlling the drive motor, a second process for rotating the screw at a second rotation speed higher than the first rotation speed by controlling the drive motor) and the operation of performing the second operation (the limitation “controller preforms at least one of…” is interpreted as the controller can performs either first operation, second operation, or both. Thu, the second operation is optional limitation),
the first operation performed in an acceleration segment in which a relative movement speed of the nozzle is accelerated from a first movement speed to a second movement speed greater than the first movement speed ([0100] and [0103]-[0104], the control unit performs a process for acquiring shaping data for shaping the three-dimensional shaped article. The shaping data are data that represent information about the movement path of the nozzle with respect to the shaping face of the stage, the amount of the molten material to be ejected from the nozzle, and the rotation speed of the flat screw. As the rotation of the flat screw increases, the amount of material supplied to the central portion of the groove also increase, so does the flow rate/discharge quantity of the material by the nozzle. Thus, the control unit performs a process for ejecting the molten material to the shaping face from the nozzle while changing the relative position of the nozzle to the shaping face by controlling the moving mechanism based on the acquired rotational shaping data. Therefore, as the rotational speed accelerated (from first speed to second speed, [0013]-[0015]), the relative movement speed of nozzle also accelerated),
the second operation performed in a deceleration segment in which the relative movement speed of the nozzle is decelerated from the second movement speed to the first movement speed (optional limitation based on the limitation “controller preforms at least one of…”) and the controller moves the plunger in the branch channel ([0161]).
Enari fails to teach the controller moves the plunger to perform the operation of delivering the plasticized material from the branch channel to the channel in the acceleration segment and the operation of suctioning the plasticized material from the channel to the branch channel in the deceleration segment to match an amount of movement of the plunger in the acceleration segment with an amount of movement of the plunger in the deceleration segment.
However, Comb teaches the controller moves the plunger to perform the operation of delivering the plasticized material from the branch channel to the channel ([0025], material are advanced to the nozzle from a liquefier pump) in the acceleration segment (Figure 7b and [0050]-[0051], when the pump is turned on at first speed, the flowrate accelerated) and the operation of suctioning the plasticized material from the channel to the branch channel in the deceleration segment (Figure 7b and [0050]-[0051], when the pump is turned off at fourth speed, the flowrate decelerated) to match an amount of movement of the plunger in the acceleration segment with an amount of movement of the plunger in the deceleration segment ([0051], the amount of excess flow when the pump is turned on equals the shortage in flow when the pump is turned off).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the apparatus as taught by the modified Enari such that it teaches all of the above mentioned limitations as taught by Comb to achieve desired output flow rate of the material and constant bead width (Comb, [0051]).
Regarding Claim 4, the modified Enari teaches the three-dimensionally shaping apparatus according to claim 3, wherein the controller performs at least one of the process of transmitting to the suction/delivery section an operation instruction to move the plunger before a timing at which the rotational speed of the screw reaches the second speed when the first operation is performed in the acceleration segment (Comb, [0050]-[0051],Figures 7a-7b, the liquefier pump turn on before reaching the second speed), and the process of transmitting to the suction/delivery section the operation instruction to move the plunger before a timing at which the rotational speed of the screw reaches the fifth speed when the second operation is performed in the deceleration segment (optional limitation based on the limitation “controller preforms at least one of…”).
Regarding Claim 5, Enari teaches the three-dimensionally shaping apparatus according to claim 3. Enari teaches [0100] and [0103]-[0104], the control unit performs a process for acquiring shaping data for shaping the three-dimensional shaped article. The shaping data are data that represent information about the movement path of the nozzle with respect to the shaping face of the stage, and the rotation speed of the flat screw. As the rotation of the flat screw increases, the amount of material supplied to the central portion of the groove also increase, so does the flow rate/discharge quantity of the material by the nozzle. Thus, the control unit performs a process for ejecting the molten material to the shaping face from the nozzle while changing the relative position of the nozzle to the shaping face by controlling the moving mechanism based on the acquired rotational shaping data.
Comb teaches wherein the controller accelerates the relative movement speed of the nozzle from the first movement speed to the second movement speed (see annotated Figure 7b), then further accelerates the relative movement speed to a third movement speed greater than the second movement speed (see annotated Figure 7b), and to decelerate the movement speed from the third movement speed to the first movement speed (see annotated Figure 7b, the movement speed decreases from third speed to sixth speed, where the sixth speed is the same as first speed), the controller temporarily decelerates the movement speed from the third movement speed to the second movement speed (see annotated Figure 7b, the movement speed decreases from third speed to fifth speed), and then decelerates the movement speed from the second movement speed to the first movement speed (see annotated Figure 7b, the movement speed decreases from fifth speed to sixth speed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the flowrate changed in accordance with the relative moving speed of the nozzle, since the modified Enari in view of Comb discloses the controller adjust the movement of the nozzle based on the rotation speed of the flat screw, thus, the flow rate of the nozzle as taught by Comb, to controls the discharge quantity. "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. V. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
Regarding Claim 6, the modified Enari teaches the three-dimensionally shaping apparatus according to claim 1, wherein the fourth speed is equal to the third speed and the sixth speed is equal to the first speed (Comb, see annotated Figure 7b above).
Regarding Claim 7, the modified Enari teaches the three-dimensionally shaping apparatus according to claim 1, wherein the third discharge quantity is equal to the second discharge quantity and the fourth discharge quantity is equal to the first discharge quantity (Comb, [0051], as the flow rate is adjusted, the discharge quantity is also adjusted with the same magnitude. Thus, if the flow rate is the same, the discharge rate is also the same).
Response to Arguments
Applicant's arguments filed on 08/05/2026 have been fully considered but they are not persuasive.
The Applicant argues Yamashita generally discloses adjusting the rotation speed of the screw but fails to teach or suggest specific adjustments of the rotational speed of the screw according to the first and second operations. Thus, Yamashita also fails to teach or suggest the above-recited features of independent claim 1. Furthermore, the flow rate of Comb is defined as being "commanded by controlling the speed of advancement of filament into the liquifier" ( [0005] of Comb), while the rotational speed of the screw is defined by changing "the quantity of the plasticized material discharged from the nozzle 61" ([0025] of the specification as originally filed). Since the speed of advancement of filament into the liquifer as disclosed by Comb does not correspond to the speed of discharging the plasticized material from the nozzle, Comb also fails to teach or suggest the above-recited features of independent claim 1.
The Examiner respectfully disagreed. Firstly, the Examiner is not solely relied upon the teaching of Yamashita to teaches the limitations “wherein the controller performs a second operation…”. In fact, Yamashita reference is used to teach the control unit may adjust the rotation speed of the screw by controlling the drive motor according to a value of the flow rate measured by the flow rate sensor ([0039]). Thus, one of ordinary skill in the art would recognize to adjust rotation speed of the screw to achieve desired flow rate which showed a relationship between rotational speed of the screw and the flow rate of the materials. Then, the Examiner turn to Comb which discloses adjusting flow rate, thus the rotational speed of the screw), under different operations to achieve different discharge quantity. In other words, the Examiner used Yamashita reference to establish a relationship between the rotational speed of the screw and the flow rate of the materials, then, turn to Comb to disclose the first and second operation controls performed by the controller which does read upon all of the claimed limitations of claim 1. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action for newly added claims 6-7. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XINWEN (Cindy) YE whose telephone number is (571)272-3010. The examiner can normally be reached Monday - Thursday 8:30 - 17:00.
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XINWEN (CINDY) YE
Examiner
Art Unit 1754
/LARRY W THROWER/Primary Examiner, Art Unit 1754