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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-11 in the reply filed on 07/09/2026 is acknowledged. Claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group of the invention, there being no allowable generic or linking claim.
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 1-11 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 limitation of “the entry of waste materials of a 3D printer” in 4th line. There is insufficient antecedent basis for this limitation in the claim because prior to the citation, claim 1 fails to define “an entry of waste materials of a 3D printer”.
Claim 10 recites the limitation of “the inner wall surface” in 2nd line. There is insufficient antecedent basis for this limitation in the claim because even though prior to the citation, claim 2 recites “an inner wall surface of the material bin”, neither claims that claim 2 is dependent to define “an inner wall surface”.
Claim Rejections - 35 USC § 102
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.
(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 – 11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Liao (US 2017/0297322).
As to claim 1, Liao (US ‘322) discloses a waste material discharge device (a recycling trough 300 and a distribution apparatus 400, ¶ [0023] and Fig. 8) for a 3D printer, comprising:
- a material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8), wherein a cavity (an opening 301, ¶ [0023] and Fig. 8) is formed in the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8),
- a material inlet (at least one slope 412; ¶ [0023] and Fig. 8) and a material outlet (in left side of a recycling trough 300) are formed in the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8), the material inlet (at least one slope 412; ¶ [0023] and Fig. 8), the cavity (an opening 301, ¶ [0023] and Fig. 8), and
- the material outlet (in left side of a recycling trough 300) are sequentially communicated to form a material discharge channel,
- the material inlet (at least one slope 412; ¶ [0023] and Fig. 8) is used for an entry of waste materials of a 3D printer, and
[AltContent: arrow][AltContent: textbox (A material blocking plate (630))][AltContent: arrow][AltContent: textbox (A trigger connecting rod (411))][AltContent: textbox (A material bin (300, 400))][AltContent: arrow][AltContent: textbox (A material outlet )][AltContent: arrow][AltContent: textbox (A material inlet (412))][AltContent: arrow][AltContent: textbox (A cavity (301))][AltContent: arrow][AltContent: arrow]
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- the material outlet (in left side of a recycling trough 300) is configured to communicate with an outside of the 3D printer to enable the waste materials to be discharged to the outside of the 3D printer along the material discharge channel;
- a trigger connecting rod (a baffle 411 is disposed in the powder collection cover 410; ¶ [0030]), wherein the trigger connecting rod (a baffle 411 is disposed in the powder collection cover 410; ¶ [0030]) is pivotably arranged at the material inlet (at least one slope 412; ¶ [0023] and Fig. 8) around a first rotating shaft and comprises a first end extending out of the material inlet (at least one slope 412; ¶ [0023] and Fig. 8) and a second end opposite to the first end, and
- the second end is located in the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8); and
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- a material blocking plate (an inner block 630; ¶ [0023] and Fig. 8), wherein the material blocking plate (an inner block 630; ¶ [0023] and Fig. 8) is pivotably arranged in the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8) around a second rotating shaft and comprises a first end pivotably connected to the second rotating shaft and a second end opposite to the first end. (see Figs. 7-9)
As to claim 2, Liao (US ‘322) teach the trigger connecting rod (a baffle 411; ¶ [0030]) is configured such that when a printing head of the 3D printer pushes the first end of the trigger connecting rod (a baffle 411; ¶ [0030]) to enable the trigger connecting rod (a baffle 411; ¶ [0030]) to pivot around the first rotating shaft (see figs. 8-9), the second end of the trigger connecting rod pushes the material blocking plate (an inner block 630; ¶ [0023] and Fig. 8) to pivot around the second rotating shaft, and when the printing head of the 3D printer pushes the first end of the trigger connecting rod (a baffle 411; ¶ [0030]) to a preset position, the second end of the trigger connecting rod (a baffle 411; ¶ [0030]) pushes the material blocking plate (an inner block 630; ¶ [0023] and Fig. 8) to pivot around the second rotating shaft to be in an operating state, and in the operating state, the second end of the material blocking plate (an inner block 630; ¶ [0023] and Fig. 8) abuts against an inner wall surface of the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8) to block the waste materials from a nozzle of the 3D printer from falling. (See Figs. 8-9)
As to claim 3, Liao (US ‘322) discloses in the operating state, a height of the second end of the material blocking plate (an inner block 630; ¶ [0023] and Fig. 8) is lower than a height of the first end of the material blocking plate (an inner block 630; ¶ [0023] and Fig. 8). See figs. 7-9.
As to claim 4, Liao (US ‘322) teach the trigger connecting rod (a baffle 411; ¶ [0030]) comprises a first segment extending from the first rotating shaft to the first end of the trigger connecting rod and a second segment extending from the first rotating shaft to the second end of the trigger connecting rod. (See figs. 8-9)
As to claim 5, Liao (US ‘322) disclose the first segment and the second segment of the trigger connecting rod (a baffle 411; ¶ [0030]) form an included angle, such that the first segment is inclined towards the material inlet (at least one slope 412; ¶ [0023] and Fig. 8) when the trigger connecting rod (a baffle 411; ¶ [0030]) is not pushed by the printing head and thus in a free state, or the first segment and the second segment of the trigger connecting rod are at 180 degrees to each other. (See figs. 8-9)
As to claim 6, Liao (US ‘322) discloses the second end of the trigger connecting rod is provided with a protrusion portion protruding towards the material blocking plate (an inner block 630; ¶ [0023] and Fig. 8).
As to claim 7, Liao (US ‘322) teaches an axis of the first rotating shaft is parallel to an axis of the second rotating shaft, or the axis of the first rotating shaft is perpendicular to the axis of the second rotating shaft. (See figs. 7-9)
As to claim 8, Liao (US ‘322) discloses the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8) comprises a first material cylinder (a distribution apparatus 400, ¶ [0023] and Fig. 8) and a second material cylinder (a recycling trough 300, ¶ [0023] and Fig. 8), a first end of the first material cylinder (a distribution apparatus 400, ¶ [0023] and Fig. 8) is the material inlet (at least one slope 412; ¶ [0023] and Fig. 8), a second end of the first material cylinder (a distribution apparatus 400, ¶ [0023] and Fig. 8) is connected to a first end of the second material cylinder (a recycling trough 300, ¶ [0023] and Fig. 8), a second end of the second material cylinder (a recycling trough 300, ¶ [0023] and Fig. 8) is the material outlet (in left side of a recycling trough 300), and the first end to the second end of the first material cylinder (a distribution apparatus 400, ¶ [0023] and Fig. 8) and the first end to the second end of the second material cylinder (a recycling trough 300, ¶ [0023] and Fig. 8) both extend from above to below. See figs. 8-9.
As to claim 9, Liao (US ‘322) teaches a central axis of the first material cylinder (a distribution apparatus 400, ¶ [0023] and Fig. 8) extends in a vertical direction; and/or, a central axis of the second material cylinder (a recycling trough 300, ¶ [0023] and Fig. 8) extends obliquely downward, such that a bottom wall of the second material cylinder (a recycling trough 300, ¶ [0023] and Fig. 8) is inclined relative to the vertical direction.
As to claim 10, Liao (US ‘322) discloses the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8) is made of self-lubricating plastics, or an anti-sticking coating is arranged on an inner wall surface of the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8).
As to claim 11, Liao (US ‘322) teaches in the operating state, the printing head is located above the material bin (a distribution apparatus 400 and a recycling trough 300, ¶ [0023] and Fig. 8), and the nozzle of the printing head is aligned with the material inlet (at least one slope 412; ¶ [0023] and Fig. 8). (See Figs. 8-9)
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 - 11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 17 of co-pending Application No. 19/678,221 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter in both applications are very similar to each other. The claimed subject matter in both instant application and the co-pending application require:
- a material bin (210), wherein a cavity (211) is formed in the material bin (210),
- a material inlet (212) and a material outlet (213) are formed in the material bin (210), the material inlet, the cavity, and
- the material outlet (213) are sequentially communicated to form a material discharge channel,
- the material inlet (212) is used for the entry of waste materials of a 3D printer (100), and
- the material outlet (213) is configured to communicate with an outside of the 3D printer to enable the waste materials to be discharged to the outside of the 3D printer along the material discharge channel;
- a trigger connecting rod (220), wherein the trigger connecting rod (220) is pivotably arranged at the material inlet (212) around a first rotating shaft and comprises a first end extending out of the material inlet (212) and a second end opposite to the first end, and
- the second end is located in the material bin (210); and
- a material blocking plate (230), wherein the material blocking plate (230) is pivotably arranged in the material bin around a second rotating shaft (231) and comprises a first end pivotably connected to the second rotating shaft and a second end opposite to the first end.
This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754
09/19/2026
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