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 Objections
Claims 1, 3 ,4, 11, 13, 15, 16, 21 and 23 are objected to because of the following informalities:
Claim 1 and 21 recites “the least one 3D printed layer”. This appears to be “the at least one 3D printed layer” and requires the term “at”.
Claims 1, 3 ,4, 11, 13, 15, 16, 21 and 23 recites “a first predetermined height”, “a second predefined height” and “third predetermined height”. The examiner suggests that when identifying heights as 1st, 2nd or 3rd the applicant should select a single identifying definition as either “predetermined” or “predefined”
Appropriate correction is required.
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 1-25 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 1 recites “the powder in between one or more 3D printed parts”. However, “one or more 3D printed parts” encompasses a single 3D printed part whereas in between requires two or more 3D printed parts. It is therefore unclear if a singular part can be provided in the powder layer or if claim 1 requires two or more printed parts.
Claim 1 recites “the performed plate” There is insufficient antecedent basis for this limitation in the claim. Claim 1 identified a perforated plate not a performed plate.
Claim 3 recites “the depowdered part” There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites “the elevated member” There is insufficient antecedent basis for this limitation in the claim.
Claims 2-12 are rejected as being dependent on an indefinite claim.
Claim 13 recites “the performed plate” There is insufficient antecedent basis for this limitation in the claim. Claim 13 identified a perforated plate not a performed plate.
Claim 13 recites “powder in between the one or more 3D printed parts”. However, “one or more 3D printed parts” encompasses a single 3D printed part whereas in between requires two or more 3D printed parts. It is therefore unclear if a singular part can be provided in the powder layer or if claim 13 requires two or more printed parts.
Claim 17 recites “the guideway of the inner flange” There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites “the guideway” however, multiple guideways are identified prior, a guideway of the outer flange and the guideway of the inner flange. It is unclear which guideway is being referred to as “the guideway has a shape complementary to a cross-sectional shape of the perforated plate”
Claims 14-20 are rejected as being dependent on an indefinite claim.
Claim 21 recites “the open top” There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites “the performed plate” There is insufficient antecedent basis for this limitation in the claim. Claim 21 identified a perforated plate not a performed plate.
Claims 22-25 are rejected as being dependent on an indefinite claim
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 1-4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 5-6 of copending Application No. 18/960566.
Although the claims at issue are not identical, they are not patentably distinct from each other because both claim 1 of the instant application and claim 1 of App 18/960566 require a container configured to accommodate a plurality of extraction layers comprising at least one three-dimensional (3D) printed layer and at least one powder layer alternatively arranged with the at least one 3D printed layer, wherein the at least one 3D printed layer comprises one or more 3D printed parts and powder positioned between the one or more 3D printed parts; a first linear drive actuator electronically connected to the controller and reciprocally coupled to the movable base to fully raise the at least one 3D printed layer located at a top of the plurality of extraction layers up to a first predetermined height from the open top and to partially raise the at least one powder layer disposed below the fully raised at least one 3D printed layer; and an apparatus electronically connected to the controller and configured to depowder the at least one powder layer and the powder in between the one or more 3D printed parts and to extract the one or more 3D printed parts, the apparatus comprising: an elevated frame removably secured to the open top and configured to transversetically receive at least the fully raised at least one 3D printed layer and the partially raised at least one powder layer; a perforated plate slidably inserted into the elevated frame, capable of longitudinally passing through the partially raised at least one powder layer and depowdering at least a part of the partially raised at least one powder layer; a lifting-lowering mechanism mechanically coupled to the elevated frame, the lifting-lowering mechanism configured to removably secure the elevated frame to the open top during the slidable insertion of the perforated plate into the elevated frame, and configured to lift the elevated frame along with the perforated plate up to a second predefined height upon completion of the slidable insertion of the performated plate into the elevated frame; a depowdering unit electronically coupled to the controller and configured to depowder the at least one powder layer, the powder in between one or more 3D printed parts, and powder adhered to the one or more 3D printed parts; and at least one gripper electronically coupled to the controller and configured to automatically extract the one or more 3D printed parts of the fully raised at least one 3D printed layer.
App 18/960566 further recites a movable unit engaged to a front end portion of the perforated plate and adapted to move longitudinally along with the perforated plate, within the elevated frame, the movable unit comprising: a rotary actuator comprising a driver member; one or more driven members; and a connecting member transversely connecting the driver member to the one or more driven members and adapted to be positioned in front of the front end portion, wherein at least a portion of the connecting member transversely slides within the partially raised at least one powder layer.
Therefore the instant claim 1 is broader in scope and encompasses the invention of claim 1 of App 18/960566.
The instant claim 2 is substantially similar in scope to claim 5 of App 18/960566
The instant claim 3 is substantially similar in scope to claim 6 of App 18/960566
The instant claim 4 is substantially similar in scope to claim 2 of App 18/960566
Claims 13-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-10 and 13-14 of copending Application No. 18/960566.
Although the claims at issue are not identical, they are not patentably distinct from each other because both claim 13 of the instant application and claim 9 of App 18/960566 require an apparatus mounted to a first container of a system and electronically connected to a controller, the apparatus comprising: an elevated frame removably secured to an open top of the first container and configured to receive at least fully raised at least one three-dimensional (3D) printed layer and partially raised at least one powder layer, wherein the at least one 3D printed layer comprises one or more 3D printed parts and powder in between the one or more 3D printed parts; a perforated plate slidably inserted into the elevated frame, capable of longitudinally passing through the partially raised at least one powder layer; at least a portion of the partially raised at least one powder layer; a lifting-lowering mechanism mechanically coupled to the elevated frame, the lifting- lowering mechanism configured to removably secure the elevated frame to the open top during the slidably insertion of the perforated plate into the elevated frame and to lift the elevated frame along with the perforated plate up to a second predefined height upon completion of the slidably insertion of the performated plate into the elevated frame; a depowdering unit electronically coupled to the controller and configured to depowder the at least one powder layer, the powder in between one or more 3D printed parts, and powder adhered to the one or more 3D printed parts; and at least one gripper electronically coupled to the controller and configured to automatically extract the one or more 3D printed parts of the fully raised the at least one 3D printed layer.
App 18/960566 further recites depowdering at least a portion of the partially raised at least one powder layer; a movable unit engaged to a front end portion of the perforated plate is configured to and adapted to move longitudinally along with the perforated plate, within the elevated frame, the movable unit comprising: a rotary actuator comprising a driver member; one or more driven members; and a connecting member transversely connecting the driver member to the one or more driven members and adapted to be positioned in front of the front end portion, wherein at least a portion of the connecting member transversely slides.
Therefore the instant claim 13 is broader in scope and encompasses the invention of claim 9 of App 18/960566.
The instant claim 14 is substantially similar in scope to claim 13 of App 18/960566
The instant claim 15 is substantially similar in scope to claim 14 of App 18/960566
The instant claim 16 is substantially similar in scope to claim 10 of App 18/960566
Claims 21-22 and 24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16-17 and 20 of copending Application No. 18/960566.
Although the claims at issue are not identical, they are not patentably distinct from each other because both claim 21 of the instant application and claim 16 of App 18/960566 require method, comprising: accommodating, by a first container, a plurality of extraction layers comprising at least one three-dimensional (3D) printed layer and at least one powder layer alternatively arranged with the at least one 3D printed layer, wherein the at least one 3D printed layer comprises one or more 3D printed parts and powder in between the one or more 3D printed parts; raising, by a first linear drive actuator, fully the at least one 3D printed layer located at a top of the plurality of extraction layers to a first predefined height from the open top and partially the at least one powder layer disposed below the fully raised at least one 3D printed layer; receiving, by an elevated frame of an apparatus, the fully raised at least one 3D printed layer and the partially raised at least one powder layer, wherein the elevated frame is removably secured to the open top; receiving, by the elevated frame slidably and longitudinally passes through the partially raised at least one powder layer, wherein the perforated plate is configured to depowder at least a part of the partially raised at least one powder layer; lifting, by a lifting-lowering mechanism of the apparatus, the elevated frame along with the perforated plate up to a second predefined height upon completion of the slidably insertion of the performated plate into the elevated frame; depowdering, by a depowdering unit of the apparatus, the at least one powder layer, the powder in between one or more 3D printed parts, and powder adhered to the one or more 3D printed parts; and extracting, by at least one gripper of the apparatus, the one or more 3D printed parts of the fully raised at least one 3D printed layer.
App 18/960566 further recites longitudinally a movable unit, wherein the movable unit is engaged to a front end portion of a perforated plate and adapted to move longitudinally along with the perforated plate, within the elevated frame; moving, by a rotary actuator of the movable unit, a connecting member of the movable unit transversely within the partially raised at least one powder layer; receiving, by the elevated frame, the perforated plate.
Therefore, the instant claim 21 is broader in scope and encompasses the invention of claim 16 of App 18/960566.
The instant claim 22 is substantially similar in scope to claim 20 of App 18/960566
The instant claim 24 is substantially similar in scope to claim 17 of App 18/960566
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
Oshima US 20130244040 teaches three-dimensional shaping method includes forming a combination to be each level of a three-dimensional shaped object and also forming a combination to be each level of a shaped object support member in each of a plurality of powder material layers having an uncured powder material in accordance with hierarchical shape data corresponding to each of the powder material layers
Fulop et al. US 20180297284 teaches a system for separating objects within a stacked powder print bed of nested objects comprises a build box configured to contain the powder print bed. The build box has a build box top and a build box floor. The system further includes an elongated aperture formed in a side wall of the build box, and a de-powdering subsystem configured to mechanically and electrically engage the build box. A separating blade associated with the de-powdering subsystem is configured to be inserted through the elongated aperture and into the powder print bed between a top-most print bed layer of the nested objects and a second print bed layer directly below and contiguous with the top-most layer, thereby forming an isolated powder print bed between the separating blade and the build box top.
Yoo et al. US 20140065194 teaches the present invention provides a manufacturing system and equipment assembly useful for the preparation of articles by three-dimensional printing. The system and assembly can be used for high through-put continuous, semi-continuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility in the context of flexible article design.
Sehrt US 20220314532 teaches a device and a method for additive layer manufacturing of at least one component, in a multiply recurring manner, a powder bed layer made of a fusible powder material is generated above a build platform of a build container, and the powder material of the powder bed layer, for producing a layer of the component, is fused by way of an energy beam in a cross-sectional surface representing the component in the layer to be produced, wherein the powder material bonds to itself and to layers present beneath the layer to be produced, and the build platform is lowered in the build container after each layer that is manufactured, wherein the partially created component is moved multiple times, in a direction different from the lowering direction.
MALNARIČ DARKO et al. WO 2025090026 teaches A device (1) and process for depowdering pre-sintered articles (8) fabricated by selected binder jetting method which enables separation of the pre-sintered articles from the powder material, wherein the pre-sintered articles have been manufactured in a build box (15) using 3D printing technology comprising selective binder jetting onto the powder material. The device and process allow for depowdering of a large number of pre-sintered articles contained in a build box. This way of depowdering a large number of pre-sintered articles is important because depowdering of the pre-sintered articles is in practice one of the more time-consuming processes that represent a bottleneck in the fabrication of 3D printed articles. The device makes it possible to reduce a possibility of damage to pre-sintered articles during the depowdering process, as depowdering is gradual and controlled. In the second illustrated embodiment (Figures 3A and 3B), the depowdering box 3 is configured as a combination of a secondary box 3' that is adequately placed above the build box 15, wherein the side walls 4 of the depowdering box 3 are substantially the side walls 4' of the secondary box 3', and a fluidising segment 5' that during the depowdering and fluidisation process forms the fluidising bed 5 of the depowdering box 3, wherein the fluidising segment 5' is arranged inside the chamber 2 separately from the build box 15. The size of the secondary box 3' is such that it can accommodate at least a portion of the contents of the build box 15, preferably one horizontal layer of pre-sintered articles 8 in the powder material 7. During the 3D printing process, an appropriate spacing of approximately 20 mm is ensured between the individual horizontal layers of pre-sintered articles 8 in the build box 15.
None of the above discussed references teach or render obvious an elevated frame removably secured to the open top and configured to transversely receive at least the fully raised at least one 3D printed layer and the partially raised at least one powder layer; a perforated plate slidably inserted into the elevated frame, capable of longitudinally passing through the partially raised at least one powder layer and depowdering at least a part of the partially raised at least one powder layer;a lifting-lowering mechanism mechanically coupled to the elevated frame, the lifting-lowering mechanism configured to removably secure the elevated frame to the open top during the slidable insertion of the perforated plate into the elevated frame, and configured to lift the elevated frame along with the perforated plate up to a second predefined height upon completion of the slidable insertion of the performed plate into the elevated frame
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713
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