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 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.
Claims 18 and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter
because claim 18 is to a processor readable tangible media whose broadest reasonable scope includes non-transitory tangible media and transitory propagating signals per se (e.g., signals/carrier waves) in view of the ordinary and customary means of computer readable media, and
because claim 19 is to a computer program whose broadest reasonable scope is to a product that does not have a physical or tangible form.
Thus, claims 18 and 19 are not directed to a process, a machine, a manufacture or a composition of matter.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-19 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.
Claim 12 recites “operating an actinic light source 56 to generate an actinic light source” which is unclear. The Examiner suggests the following amendments: “operating an actinic light source 56 to generate an actinic light
Claim 15 is replete with antecedent basis clarity issues. The Examiner suggests the following amendments:
15. (Currently amended) A method defined by claim 14, comprising causing the electromagnet driver circuit to ramp a magnitude of a current through the electromagnet.
Claim 16 is indefinite. What is being degaussed?
Claim 19 recites “a method defined by claim 1” which is unclear because claim 1 is to an apparatus. The Examiner suggests the following amendments: “a method defined by claim [[1]] 12”
Claims not listed above are rejected as being dependent upon a rejected claim.
For further examination purposes, the scope of the claims are read in light of the suggested Examiner amendments.
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)(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.
Claim(s) 1-3, 5-13 and 16-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sabo et al. (US 2024/0269932).
(Claim 1) Sabo et al. (US 2024/0269932) teach an apparatus for making a stereolithographic object ([0003]; figs. 1-12 and 15-16; [0041]-[0078]), the apparatus comprising:
a material receiving surface 18 for receiving a material 20 that is hardenable by absorption
of actinic light [0045];
an actinic light source 56 configured to generate the actinic light [0049];
a build platform 36 comprising a build surface 44 for making the stereolithographic object
thereon [0046];
a positioner (elevator) 14 configured to removably receive the build platform 36 and operable to
change a distance between the build surface 44 and the material receiving surface 18 (figs. 2, 15, 16; [0042], [0046], [0075]-[0078]); and
a magnetic fastener 78 switchable between an unfastened state (when not energized), and a fastened state (when energized), and configured for releasable fastening of the build platform 36 to the positioner 14 (fig. 15; [0067]-[0073]; the build platform is loaded and unloaded relative to the positioner (elevator), the electromagnet is energized during loading for securing (fastening); it is inherent that the electromagnet is de-energized for unfastening during unloading);
(Claim 2) wherein the magnetic fastener 78 can be electrically switched between the unfastened state and the fastened state ([0067], it is inherent that electromagnets switching between de-energized and energized states includes being electrically switched);
(Claim 3) wherein the magnetic fastener comprises an electromagnet 78 [0067];
(Claim 5) further comprising a processor 92 in signal communication with each of the actinic light source 56, positioner 14 (via elevator actuators 62) and magnetic fastener 78, and configured to control each of the actinic light source 56, positioner 14 and magnetic fastener 78 (fig. 12; [0061]-[0062];
(Claim 6) wherein the build platform 36 defines a positioner receiving
cavity and a positioner receiving cavity port for insertion of the positioner 14, 82 into the
positioner receiving cavity ([0056], when build platform 36 is loaded onto elevator 14, the lower surface 41 of support plate is loaded onto the upper surface 82; as shown in fig. 11, the upper surface 82 of positioner 14 is inserted into a stepped portion (not labeled) of support plate 40 of build platform 36; the stepped portion defines a positioner receiving cavity, and the entrance to the stepped portion defines a positioner receiving cavity port).
(Claim 7) wherein the build platform 36 comprises a strike surface 41 facing into the positioner receiving cavity, wherein the strike surface 41 is arranged to rest on the positioner 14, 82 (([0056], when build platform 36 is loaded onto elevator 14, the lower surface 41 of support plate is loaded onto the upper surface 82; as shown in fig. 11, the upper surface 82 of positioner 14 is inserted into a stepped portion (not labeled) of support plate 40 of build platform 36; the stepped portion defines a positioner receiving cavity; since the strike face 41 is loaded onto the surface 82, the strike face 41 faces into the positioner receiving cavity because the strike face 41 faces the surface 82 which is in the positioner receiving cavity);
(Claim 8) wherein the build platform 36 comprises a bottom wall 44 and a positioner stop 42 intermediate the strike surface 41 and the bottom wall 42 for interference with the positioner (fig. 3; fig. 11 shows the positioner stop 42 interference with a stepped portion (not labeled of the support plate 40 of build platform 36);
(Claim 9) further comprising mutually attracting ferromagnetic components 80, 84 arranged to define a fiducial spatial arrangement between the positioner 14 and the build platform 36 (fig. 11; [0056], [0059];
(Claim 10) wherein the material receiving surface is a surface of an actinic light transparent window 30, 32 that is a wall of a vessel 18 for the material [0045];
(Claim 11) wherein the magnetic fastener 78 comprises an upwardly orientated magnetic pole surface ([0059], the support plate 40 (of build platform) includes an internal magnetic or ferromagnetic plate 84; [0067] the electromagnet is energized to magnetically secure the support plate 40 of build platform 36 to the upper support 48 of the positioner 14; as shown in fig. 11, the magnetic or ferromagnetic plate 84 will be attracted to an upwardly oriented surface of electromagnet 78 when energized; for such attraction, it is inherent that the upwardly oriented surface is an upwardly orientated magnetic pole surface).
(Claim 12) Sabo et al. (US 2024/0269932) teach a method for making an object ([0003]; figs. 1-12 and 15-16; [0041]-[0078]), the method comprising the steps of:
switching a magnetic fastener 78 between an unfastened state (when not energized) and a fastened state (when energized), the magnetic fastener 78 being configured for releasable fastening of a build platform 36 to a build platform positioner 14 configured to removably receive the build platform 36 (fig. 15; [0067]-[0073]; the build platform is loaded and unloaded relative to the positioner (elevator), a electromagnet (magnetic fastener) is energized during loading for securing (fastening); it is inherent that the electromagnet is de-energized for unfastening during unloading);
operating the build platform positioner 14 to move the build platform 36 (figs. 2, 15, 16; [0042], [0046], [0075]-[0078]);
operating an actinic light source 56 to generate an actinic light illuminating a material receiving surface 30, 32 for receiving a material 20 that is hardenable by absorption of the actinic light (figs. 2, 16; [0045], [0049], [0078];
(Claim 13) wherein switching the magnetic fastener 78 between the unfastened state and the fastened state comprises electrically switching the magnetic fastener ([0067], it is inherent that electromagnets switching between de-energized and energized states includes being electrically switched);
(Claim 16) further comprising degaussing ([0067] as mentioned above, it is inherent to de-energize to unload the build platform from the positioner; it is inherent that de-energizing includes degaussing);
(Claim 17) further comprising at least one of connecting and separating the
build platform 36 and the build platform positioner 14 (fig. 15; [0067]-[0073]; the build platform is loaded and unloaded relative to the positioner (elevator)).
As to claim 18, Sabo et al. (US 2024/0269932) teach a processor readable tangible media including program (software) instructions which when executed by a processor 92 causes the processor to perform a method defined by claim 12 (the method is disclosed as mentioned above; fig. 12, [0062]).
As to claim 19, Sabo et al. (US 2024/0269932) teach a computer (software program for instructing a processor 92, which when executed by the processor causes the processor 92 to perform a method defined by claim 1 (or by claim 12) (the limitations of claims 1 and 12 are disclosed as mentioned above; fig. 12, [0062]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabo et al. (US 2024/0269932) in view of Spencer (US 4,003,255).
As to claim 4, Sabo et al. (US 2024/0269932) discloses the apparatus substantially as claimed as mentioned above, except for the limitations of claim 4.
Spencer (US 4,003,255) discloses an electromagnet 14 that is energized by an electromagnet driver circuit 17 operationally coupled to the electromagnet 14 (fig. 1; col. 5, lines 20-29).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the apparatus of Sabo et al. (US 2024/0269932) with an electromagnet driver circuit operationally coupled to the electromagnet, as disclosed by Spencer (US 4,003,255), because such a modification is known in the electromagnet art and would provide an alternative configuration for the apparatus capable of energizing the electromagnet.
As to claims 14-15, Sabo et al. (US 2024/0269932) discloses the apparatus substantially as claimed as mentioned above, except for the limitations of claims 14-15. As mentioned above, Sabo et al. (US 2024/0269932) discloses the magnetic fastener being an electromagnet, wherein switching the magnetic fastener between the unfastened state and the fastened state comprises energizing the electromagnet.
Spencer (US 4,003,255) discloses energizing an electromagnet 14
(Claim 14) by a control signal (by an operator moving a button or switch) to an electromagnet driver circuit 17 operationally coupled to the electromagnet 14, and
(Claim 15) causing the electromagnet driver circuit 17 to ramp a magnitude of a current (via current ramp generator 18) through the electromagnet 14 (fig. 1; col. 5, lines 20-29).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the method of Sabo et al. (US 2024/0269932), wherein switching the magnetic fastener between the unfastened state and the fastened state (i.e., energizing the electromagnet) includes sending a control signal to an electromagnet driver circuit operationally coupled to the electromagnet of the magnetic fastener, and causing the electromagnetic driver circuit to ramp the magnitude of the current through the electromagnet, as disclosed by Spencer (US 4,003,255), because such modifications are known in the electromagnet art and would provide an alternative configuration for the method capable of energizing the magnet (i.e., switching the magnetic fastener between the unfastened state and the fastened state).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S LEYSON whose telephone number is (571)272-5061. The examiner can normally be reached M-F 8am-4:30pm.
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, Sam Xiao Zhao can be reached at 5712705343. 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.
/J.S.L/Examiner, Art Unit 1744
/John J. DeRusso/Primary Examiner, Art Unit 1744
Prosecution Insights