Prosecution Insights
Last updated: October 04, 2026
Application No. 19/109,782

AN ADDITIVE MANUFACTURING APPARATUS FOR ADDITIVELY MANUFACTURING A THREE-DIMENSIONAL OBJECT BY CURING A PHOTOCURABLE RESIN

Final Rejection §103§112
Filed
Mar 07, 2025
Priority
Nov 11, 2022 — nonprovisional of PCTEP2022081578
Examiner
LUK, EMMANUEL S
Art Unit
Tech Center
Assignee
Axtra3D Inc.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
1y 3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
751 granted / 1051 resolved
+11.5% vs TC avg
Strong +26% interview lift
Without
With
+26.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
48 currently pending
Career history
1080
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
58.1%
+18.1% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
16.4%
-23.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1051 resolved cases

Office Action

§103 §112
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 . Claims 1, 7-8, 10-16, and 18-22 are pending. Claims 2-6, 9, 17, and 23-24 are now canceled in the application. Response to Arguments Applicant’s arguments, based upon the latest amendment, filed 8/26/2026, with respect to the rejection(s) of claim(s) 1-8, 10-16, and 18-22 under MEDALSY and further in view of WANG, EYPOR, COPNER, MARTIN, and/or NAKAGAWA have been fully considered. The arguments by the applicants include individual analysis of each reference. 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). Further, whereupon, the changes to independent claim 1 include incorporation of the feature of dependent claim 2 and further combined with the features from separate dependent claims 3-6. The combination of the features in the claims changes the previous interpretation of the claimed structure and therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in light of the amended claims in particularly with the NAKAGAWA reference being the primary reference as the teaching of the agitation mechanism being a known element for improvement of the container in the additive manufacturing system. The WANG reference being relevant for teaching an additive manufacturing system with the various elements including the vat, container, and supply elements that are located within a frame structure. Such arrangement of the elements of NAKAGAWA being within a frame system of WANG would have been obvious particularly in the arrangement of the elements into a system that can be assembled and delivered to sites for operation. The claimed structure does not provide any additional features that would distinguish from the teachings of NAKAGAWA in view of WANG. More particularly, the claimed structure is only that there is a frame structure that incorporates the various elements, with no additional specific structural limitations as to the particular arrangements that would aid in distinguishing from the prior art teachings. The argument concerning the drive device and what is taught by the NAKAGAWA reference have been considered but unpersuasive, wherein, the agitation element of NAKAGAWA being of a screw type device that would be operated and the inherent teaching of a drive source to drive said device, with known teaching of a drive motor as seen in NAKAGAWA. Further, the teaching by WANG of a similar device for agitation within the container is also taught with the arrangement of the drive motor that is external to the container. The drive source being external is implied in NAKAGAWA and seen in Fig. 10D of WANG, with the drive motor that would drive the shaft of the screw device. In NAKAGAWA the shaft being connected through the bottom of the container as seen in the Figures. The configuration for operation of such a device would have been obvious for one skilled in the art in the operation of the screw type agitation device of NAKAGAWA in view of WANG. After reconsideration particularly over the claimed structure based upon the latest amended claims, the claims are now rejected as shown below. 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. Claim 15 is 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 15 recites the limitation “an agitating element of the agitating device” in line 4. There is ambiguous antecedent basis issue regarding this limitation since it is unclear if it is directed to the same agitating element in claim 1, a new agitating element, or something else. 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, 7-8, 12-15, 18, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over NAKAGAWA (US 2021/0114302 A1) in view of WANG (US 2021/0008792 A1). Re 1, NAKAGAWA teaches of an additive manufacturing apparatus (see Figs. 1 and 2) for additively manufacturing a three-dimensional object (shaped material 1) by curing a photocurable resin (material 18), comprising: a vat device (container 2) delimiting a vat volume for receiving a photocurable resin (material 3); a build platform device (work table 5) comprising a build platform being moveably supported relative to the vat device in at least one degree of freedom of motion (see teaching of movement of the work table ); at least one irradiation device (light source 14) configured to emit electromagnetic radiation to selectively and successively cure a photocurable resin provided in the vat volume of the vat device to additively manufacture a three-dimensional object; a resin supply device, the resin supply device configured to supply photocurable resin from at least one resin container to the vat device, the resin supply device comprising: at least one resin container (container 17) delimiting a container volume for receiving a photocurable resin, and at least one resin conveying device configured to convey photocurable resin from the container volume to the vat device (see conveyance via feed tube 7 and pump 8); and an agitating device configured to agitate photocurable resin provided in the container volume of the at least one resin container, the agitating device comprising: at least one agitating element (agitation mechanism 4) arranged in the container volume of the at least one resin container, the at least one agitating element being moveable supported in at least one degree of freedom of motion to create an agitating motion (see in Figs. 1 and 2, screws), and at least one drive device couplable or coupled with the at least one agitating element to exert a drive force and/or drive momentum on the at least one agitating element so as to create a motion of the at least one agitating element in the at least one degree of freedom of motion, wherein the at least one drive device is external to the at least one resin container and being couplable or coupled with the at least one agitating element via at least one coupling device. (This is implied in teaching by NAKAGAWA due to operation of the agitation mechanism 4, further as seen in teaching by NAKAGAWA of screw mechanism 12, such movement is operated by a drive motor 19, see Fig. 3A.) NAKAGAWA does not specifically teach of “a frame structure, wherein the vat device, the at least one resin container, and the at least one resin conveying device are arranged within the frame structure”. Whereupon, the frame structure for containing all the elements together within an additive manufacturing system is known in the art, as seen in the WANG reference. Here, WANG teaches of this arrangement in Figs. 1-4, with the frame structure comprising of a platform 191 with supporting walls 195, 196, with the vat device 120, with build platform 162, further of a resin container via resin control reservoir 140 which includes a resin conveying device comprising of a pump system 135 and various tubings from the reservoir to the vat, see the fluid outlets 122, 124, see Fig. 1, 2A, 2B. As seen in the Figs. 1-4, the various elements are mounted within a frame structure. It would have been obvious for one of ordinary skill in the art to have modified the system of NAKAGAWA with the arrangement of the elements within a frame structure as taught by WANG, as a known manner of arrangement for an additive manufacturing system, see KSR rationale, MPEP 2143, as combining prior art elements according to known methods to yield predictable results. Further, WANG teaches of mixing mechanism 1044, see Fig. 10D, having a drive motor portion that is external to the container and which drives the shaft for the mixing screw itself that is located within the container. Whereupon, this combined with the teaching of the agitation mechanism in NAKAGAWA allows one skilled in the art to recognize operation in the driving of the agitation/mixing mechanism via the shaft and wherein the drive source is external of the container. Re 7 (upon 1), further comprising a tempering device configured to temper photocurable resin in the container volume of the at least one resin container and/or resin in at least one resin supply line connecting the at least one resin container with the vat device. See teaching by WANG of the coil heat transfer system used to heat the reservoir 140 to a desired temperature, see Fig. 10A, and see heating mechanism 1042, as it allows for adjusting “physical properties of the composition and/or fabrication conditions, by heating or non-heating thereof”, see [0093-0095], this encompasses the claimed tempering device. Re 8 (upon 7), wherein the tempering device comprises at least one tempering element arranged outside the at least one resin container, the at least one tempering element being configured to emit electromagnetic energy, particularly radio-frequency, into the container volume of the at least one resin container and/or into an inner volume of the at least one resin supply line; or wherein the tempering device comprises at least one tempering channel structure arranged at or in at least one wall element of the at least one resin container, wherein the at least one tempering channel structure is configured to receive a flow of at least one tempering medium. See teaching by WANG, [0093-0095] of the heat transfer medium for the heating mechanism 1042, as it adjusts the conditions, which encompasses the claimed tempering device with tempering channel structure. The claimed features of claim 8 includes several alternate/optional limitations and wherein the teaching by WANG would encompass the claimed structure. Re 12 (upon 1), wherein the at least one resin container comprises at least one outlet portion for connecting a resin supply line for a flow of photocurable resin flowing out of the at least one resin container with the vat device and/or wherein the at least one resin container comprises at least one inlet portion for connecting a resin supply line a flow of photocurable resin flowing into the at least one resin container from the vat device. See teaching by NAKAGAWA that there is no limitation of the number of feed tubes 7 that connect to the container 2 that transports the material 3, see [0025]. Further, see in WANG of the lines and outlets via the teachings of the various tubings from the reservoir to the vat, see the fluid outlets 122, 124, see Fig. 1, 2A, 2B. Re 13 (upon 1), wherein the at least one resin container comprises at least one outlet portion which is connected with the vat device via a first resin supply line for a flow of resin flowing out of the at least one resin container into the vat device, and wherein the at least one resin container comprises at least one inlet portion being connected with the vat device via a second resin supply line for a flow of resin flowing out of the vat device into the at least one resin container. See teaching by NAKAGAWA that there is no limitation of the number of feed tubes 7 that connect to the container 2 that transports the material 3, see [0025]. See also the teaching of the features in WANG of the various flows via the pump system between the reservoir and the vat, see Figs. 1-4. Re 14 (upon 13), further comprising a first resin conveying device assigned to the first resin supply line so as to generate a flow of photocurable resin flowing out of the at least one resin container into the vat device, and a second resin conveying device assigned to the second resin supply line so as to generate a flow of photocurable resin flowing out of the at least one resin container into the vat device. The teaching of the agitation element is shown in NAKAGAWA, and wherein the combination of the references would have been obvious for ensuring uniform dispersed state of the material, see [0025] of NAKAGAWA. See also teaching of pump 8 in NAKAGAWA. Re 15 (upon 13), wherein the at least one outlet portion is connected with at least one internal suction element, preferably arranged within an effective region of the at least one agitating element an agitating element of the agitating device, for removing resin out of the container volume of the at least one resin container. (preferably language does not specifically limit as it is seen as optionally) The teaching of the agitation element is shown in NAKAGAWA, and wherein the combination of the references would have been obvious for ensuring uniform dispersed state of the material, see [0025] of NAKAGAWA. See also teaching of pump 8 in NAKAGAWA. Re 18 (upon 1), further comprising a control unit configured to control operation of the at least one resin conveying device wherein the control unit is configured to control operation of the at least one resin conveying device so as to implement a resin conveying mode in which photocurable resin is supplied from the at least one resin container to the vat device, particularly in a recirculation cycle. See in NAKAGAWA of the pump 8 that includes use of a container control portion 613 that controls the material 3 in the container 2. Re 21 (upon 1), wherein the at least one resin container is provided with a fill-level indicating device configured to provide an information indicative of a fill-level of resin in the container volume. However, see [0097] of WANG, of the indicating device, see teaching of the displacement sensor 185 and 1185. Re 22 (upon 1), wherein the at least one resin conveying device is built as or comprises a pump. See teaching in NAKAGAWA of a pump 8 and in WANG of pump 135. Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over NAKAGAWA in view of WANG as applied to claim 1 above, and further in view of MEDALSY (US 2020/055251 A1). Re 10 (upon 1), further comprising at least one filtering device configured to filter particulate elements, e.g. residues, within the photocurable resin from a flow of photocurable resin flowing out of the at least one resin container and/or from a flow of photocurable resin flowing into the at least one resin container Re 11 (upon 10), wherein the at least one filtering device comprises at least one filtering element, e.g. a sieving element, arranged in the at least one resin container and/or in at least one resin supply line connecting the at least one resin container with the vat device NAKAGAWA fails to teach of a filtering device. However, the same field of endeavor, the MEDALSY reference teaches of the use of filters used prior to or after the reservoir 32, see [0040]. It would have been obvious for one of ordinary skill in the art to have further modify the system of the modified NAKAGAWA with filters as taught by MEDALSY, see KSR rationale, MPEP2143, as combining prior art elements according to known methods to yield predictable results. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over NAKAGAWA in view of WANG to claim 13 above, and further in view of EYPOR (US 2020/0001541 A1). Re 16 (upon 13), wherein NAKAGWA does not specifically teach of the at least one outlet portion and/or the at least one inlet portion is provided with a detachable wall element of the at least one resin container which detachable wall element is attachable or attached to at least one other wall element of the at least one resin container. It is noted that the WANG teaches of detachable vat, see Fig. 5 from the system and from the inlet and outlet portions. The detachable wall element can also be seen as a removable lid/cover, as seen in Fig. 2 of the instant application. Whereupon, EYPOR teaches in Fig. 10, in [0207], with the lid comprising outlets 1031 attached onto the bottom of the vat and the lidi is attached. It would have been obvious for one of ordinary skill in the art to have further modify the resin container of the modified NAKAGAWA with detachable wall elements (such as lids) as taught by EYPOR, see KSR rationale, MPEP2143, as combining prior art elements according to known methods to yield predictable results. Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over NAKAGWA in view of WANG as applied to claim 1 above, and further in view of COPNER (US 2024/0269930 A1) and MARTIN (US 2022/0024075 A1). Re 19 (upon 1), further comprising a control unit configured to control operation of the at least one resin conveying device, wherein the control unit is configured to control operation of the at least one resin conveying device so as to implement a cleaning mode in which a cleaning agent, e.g. a fluid comprising alcohol, is supplied from the at least one resin container to the vat device and/or vice versa. Re 20 (upon 1), further comprising a cleaning station for cleaning the at least one resin container, the cleaning station at least comprising a cleaning agent supply and at least one cleaning agent conveying device configured to convey a cleaning agent into the container volume. Whereupon, NAKAGAWA does not teach of the control operation with cleaning agent, or of a cleaning station to convey cleaning agent into the container volume. However, within the additive manufacturing systems, COPNER, see [0018], see Fig. 3, that the nozzle and system being flush with the cleaning fluid. See also teaching of controller 7 that provides for operation in a controlled environment, see [0017-018] whereupon the control operation for cleaning mode is known in the art. Further, MARTIN, see [0108], with the cleaning fluid (that includes solvent mixture such as 70:30 isopropyl alcohol and water, that are driven through the flow-controlled conduits, the mixer, and reservoir. Whereupon can be done multiple times as it is advantageous to clean the system. Whereupon, it would have been obvious for one of ordinary skill in the art to have further modify the system of the modified NAKAGAWA with the controller and operation as taught by COPNER with the cleaning of the system and further with specific cleaning agent and operation as taught by MARTIN for ensuring cleaning of the system, see KSR rationale, MPEP2143, as combining prior art elements according to known methods to yield predictable results. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form. The references cited teach of additive manufacturing systems that include build platforms and vats. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5. 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, Xiao S Zhao can be reached at 571-270-5343. 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. /EMMANUEL S LUK/Primary Examiner, Art Unit 1744
Read full office action

Prosecution Timeline

Mar 07, 2025
Application Filed
May 27, 2026
Non-Final Rejection mailed — §103, §112
Aug 26, 2026
Response Filed
Sep 18, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
98%
With Interview (+26.3%)
2y 10m (~1y 3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1051 resolved cases by this examiner. Grant probability derived from career allowance rate.

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