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
Claims 10-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/17/2026.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wakelam (US 20190322051) listed in IDS in view of Huebinger (US 20190262901).
Regarding Claim 1 Wakelam discloses a filter device (FV) for adjusting an atmosphere in a manufacturing facility (FA) based on optical interactions, in particular a SLM facility, comprising at least one light source configured for manufacturing a workpiece (Figure-1, 2, [0017], light source-30, platform-22), comprising:- a distribution element for the planar introduction of a process gas flow into the working area of the manufacturing facility (Figure 2, [0025], perforated plates with opening -114 of the filter system-112 in the distribution system-40; gas flows through the inlet) and; - at least one filter element for homogenizing the process gas flow (Figure 2, filter/conditioning device-112, [0030]); wherein, the filter element is arranged on at least one perforated plate of the distribution element (Figure 2, filter element-112), and the filter device (FV) is configured to be integrated at least on a wall of the processing chamber Figure 2, [0026], chamber-18). Wakelam didn’t particularly disclose that a plurality of optical elements for controlling a light path emanating from the light source and a processing chamber. In the related field of endeavor pertaining to the art, Huebinger discloses that a plurality of optical elements for controlling a light path emanating from the light source and a processing chamber (Figure 1, optical unit-20 with plurality of optical elements, [0047]),
It would have been obvious for one ordinary skilled in the art to combine Wakelam’s teaching with that of Huebinger’s plurality of optical elements for the purpose of these elements to work in coordination in shape, redirect, collimate, or focus light beams.
Regarding Claim 2 Wakelam discloses, wherein the filter device (FV) comprises at least two perforated plates (Figure 2, [0025], plates with openingholes-114 for the inlet and outlet of the gas flow as shown in the Figure ); and at least one of the perforated plates of the distribution element and/or the filter element are configured to be exchangeable/transferrable (Figure 2, [0025], plates with openingholes-114 of the filter system-112 in the distribution system-40; gas flows through the inlet ).
Regarding Claim 3 Wakelam discloses one filter element for homogenizing the process gas flow (Figure 2, filter/conditioning device-112, [0030]); wherein, the filter element is arranged on at least one perforated plate of the distribution element (Figure 2, filter element-112), and the filter device (FV) is configured to be integrated at least on a wall of the processing chamber Figure 2, [0026], chamber-18) but didn’t the filter element comprises a filter medium configured for particle filtration. In the related field of endeavor pertaining to the art, Huebinger discloses the filter element comprises a filter medium configured for particle filtration (Figure 3, porous element-36, [0053], [0055]) ; wherein the filter medium has a pore with a predefined pore size ([0017], [0020]); and the pore size of the filter medium is configured such that: process gas to be guided through the distribution element is let through (Figure 3, [0064], porous component/filter medium-36, distribution element-56), and particles occurring during the manufacturing of the workpiece are blocked by the filter medium ([0016]).
It would have been obvious for one ordinary skilled in the art to combine the teaching of Wakelam with that of Huebinger’s filter medium configured for particle filtration stops contaminants to enter the process chamber.
Regarding Claim 4 Wakelam discloses , wherein the filter element is configured to homogenize and/or filter the process gas flow to be guided through the distribution element (Figure 2, [0025]) by means of adapting at least the thickness and/or the pore size of the used filter medium (Figure 2, [0030], thickness-116).
Regarding Claim 5 Wakelam discloses filter device comprises at least a first perforated plate and a second perforated plate (Figure 2 showing gas inlet and oulet from the two plates with opening-114 ); wherein the first perforated plate of the distribution element is configured as an inlet of the process gas into the filter device and the second perforated plate is configured as an outlet of the process gas from the filter device into the processing chamber of the manufacturing facility (Figure 2, showing two perforated plates where the gas inlet -44 on the walls of chamber-18 ); and wherein at least the second perforated plate is configured to be integrated in the wall of the processing chamber (Figure 2).
Regarding Claim 6 Wakelam discloses , wherein at least two perforated plates of the distribution element are aligned parallel to one another (Figure 2, Figure 2, [0025], plates with opening/holes-114 for the inlet and outlet of the gas flow), so that the distribution element forms a rectilinear fluid chamber (Figure 2, [0031]); and wherein the filter element fills a cavity of the distribution element provided by the at least two perforated plates (Figure 2 ).
Regarding Claim 7 Wakelam discloses , wherein the distribution element comprises an adjustable filter receptacle for the guided positioning of at least one of the perforated plates and/or of the filter element at a working position on the filter device (Figure 2, the plurality of openings-48 allow the gas flow-46 along the direction-68); wherein the filter receptacle is configured to guide the at least one perforated plate and/or the filter element for positioning at the working position along at least one predefined direction and to fix it at the working position (Figure 2, [0030]).
Regarding Claim 8 Wakelam discloses , wherein the at least one perforated plate is configured to vary the flow behavior of the process gas flow by means of adapting at least the thickness (Figure 2, [0030], thickness-116) and/or the size of the perforations located in the perforated plate ([0030]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wakelam (US 20190322051) in view of Huebinger (US 20190262901) as applied to claim 1 further in view of Kleinhans (US 20230264263).
Regarding Claim 9, Wakelam discloses one filter element for homogenizing the process gas flow (Figure 2, filter/conditioning device-112, [0030]); wherein, the filter element is arranged on at least one perforated plate of the distribution element (Figure 2, filter element-112), and the filter device (FV) is configured to be integrated at least on a wall of the processing chamber Figure 2, [0026], chamber-18). Wakelam didn’t particularly disclose that wherein the filter element is formed as an antistatic filter fabric. In the related filed of endeavor pertaining to the art, Kleinhans discloses antistatic filter fabric ([0023]).
It would have been obvious for one ordinary skilled in the art to combine Wakelam teaching with that of Kleinhans for the purpose of more ordered pore arrangement ([0023])
.Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBJANI ROY whose telephone number is (571)272-8019. The examiner can normally be reached 9:30-5:30 pm.
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/DEBJANI ROY/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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