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 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 outer surface (Cex)” in 7th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim 1 fails to define “an outer surface (Cex)”.
Claim 1 recites the limitation of “the effect of an actuator” in 12th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim 1 fails to define “an effect of an actuator”.
Claim 1 recites the limitation of “the upper part” in 17th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim 1 fails to define “an upper part”.
Claim 1 recites the limitation of “the working plane” in 17th line. There is insufficient antecedent basis for this limitation in the claim because even though prior to the citation, claim 1 defines “a work surface”, claim 1 fails to define “a working plane”.
Claim 5 recites the limitation of “the working plane” in 2nd line. There is insufficient antecedent basis for this limitation in the claim because even though prior to the citation, claim 1 defines “a work surface”, claim 1 fails to define “a working plane”.
Claim 6 recites the limitation of “the powder dispensing device” in 2nd line. There is insufficient antecedent basis for this limitation in the claim because prior to the citation, claim 6 fails to define “a powder dispensing device”.
Claim 7 recites the limitation of “the working plane” in 3rd line. There is insufficient antecedent basis for this limitation in the claim because even though prior to the citation, claim 1 defines “a work surface”, claim 1 fails to define “a working plane”.
Claim 9 recites “reduced homothetically” in 3rd line wherein the term “reduced” is a relative term which renders the claim indefinite. The term “reduced” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 10 recites the limitation of “the secondary liner” and “the primary liner” in 2nd line. There is insufficient antecedent basis for this limitation in the claim because prior to the citation, claim 10 fails to define “a secondary liner” and “a primary liner”.
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.
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 non-obviousness.
Claim(s) 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Mercelis (US 2020/0346409) in view of Carlavan et al. (WO 2019/110899).
Mercelis (US ‘409) discloses, as to claim 1, a machine for additive manufacturing by depositing layers of powder and selectively consolidating these layers of powder (see the abstract), comprising:
- depositing layers of powder (¶ [0044]: the powder bed 8 is being built up by applying the successive powder layers are applied to a building surface 15) and an energetic ray 18 for selectively consolidating the layers of powder;
[AltContent: textbox (An energetic ray 18)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A manufacturing plate 12)][AltContent: arrow][AltContent: textbox (A secondary Jacket 9)][AltContent: arrow][AltContent: textbox (A main jacket 5)][AltContent: arrow][AltContent: textbox (A work surface 15)][AltContent: arrow]
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- a work surface (¶ [0044] - ¶ [0045]: a building surface 15) and a zone (¶ [0043]: an outer side 17) for selectively consolidating the layers of powder located in this work surface (¶ [0044] - ¶ [0045]: a building surface 15);
- a main jacket (¶ [0039]: the building tube 5) opening into the work surface (¶ [0044] - ¶ [0045]: a building surface 15) through an opening defining the outer contour of the selective consolidation zone;
- a secondary jacket ([0039]: an insert 9) arranged inside the main jacket (¶ [0039]: the building tube 5) and defining a non-manufacturing zone inside the selective consolidation zone; and,
- a manufacturing plate (¶ [0042]: a support plate 12) moving in translation between the main jacket (¶ [0039]: the building tube 5) and the secondary jacket ([0039]: an insert 9) under an effect of an actuator, and
- the device for depositing layers of powder (¶ [0044]: the powder bed 8 is being built up by applying the successive powder layers are applied to a building surface 15) comprising a powder distribution device (¶ [0044]: the powder layers are applied by one or several powder distributors) and a device powder spreading device (¶ [0044]: the successive powder layers are normally flattened by one or more scrapers before the next layer of powder is applied), such as a on the selective consolidation zone,
- wherein the secondary jacket ([0039]: an insert 9) is closed in an upper part by a closing wall flat and parallel to the working plane (¶ [0044] - ¶ [0045]: a building surface 15) of the machine, and
- wherein the powder spreading device (¶ [0044]: the successive powder layers are normally flattened by one or more scrapers before the next layer of powder is applied) moves in translation above the selective consolidation zone along a rectilinear movement axis.
Mercelis (US ‘409) discloses the powder bed 8 is being built up by applying the successive powder layers to the building surface 15. The powder layers are applied by one or several powder distributors. However, Mercelis (US ‘409) is silent on explicitly reciting the device for depositing layers of powder or the source for selectively consolidating the layers of the powder, as claimed in claim 1.
[AltContent: textbox (A source (14) for selectively consolidating the layers)] In the analogous art, Carlavan et al. (WO ‘899) discloses a machine (10) for additive manufacturing by powder-bed deposition. The additive manufacturing machine (10) comprises, inside a manufacturing enclosure: a horizontal work-space (18) and a manufacturing area (20) defined by a manufacturing casing (22) and a manufacturing tray (24). The additive manufacturing machine (10) also comprises, inside the manufacturing enclosure, a device (28) for depositing a layer of powder on the manufacturing area (20) delimited by the manufacturing casing (22), the depositing device (28) comprising a powder receiving device (30) having a powder receiving surface (32) surrounding the manufacturing area (20). See the abstract.
[AltContent: arrow][AltContent: textbox (A device 28 for depositing layers of powder)][AltContent: arrow]
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Further, Carlavan et al. (WO ‘899) teach at least one source (14) of heat or energy used to selectively fuse via one or more beams (16) a layer of additive manufacturing powder deposited inside the manufacturing enclosure (12). See ¶ [025].
Therefore, as to claim 1, Carlavan et al. (WO ‘899) discloses a device (28) for depositing layers of powder and a source (14) for selectively consolidating the layers of powder. See the abstract and ¶ [025].
As to claim 2, Carlavan et al. (WO ‘899) teach the powder spreading device (36, ¶ [032] and ¶ [034]) extend in a transverse direction perpendicular to its rectilinear axis of movement.
As to claim 3, Carlavan et al. (WO ‘899) disclose a length of the powder spreading device (36, ¶ [032] in the transverse direction is greater than the maximum dimension of the outer contour of the selective consolidation zone in this transverse direction.
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the additive manufacturing machine, as taught by Mercelis (US ‘409), through providing a device for depositing layers of powder and a source for selectively consolidating the layers of powder in order to simplify and optimize the layering and selective consolidating of the additive manufacturing powder, as suggested by Carlavan et al. (WO ‘899): ¶ [002] - ¶ [003].
As to claim 4, Mercelis (US ‘409) disclose the powder distribution device (¶ [0044]: the powder layers are applied by one or several powder distributors) makes it possible to carry or deposit a bead of powder on the work surface (¶ [0044] - ¶ [0045]: a building surface 15) between the selective consolidation zone and the powder spreading device (¶ [0044]: the successive powder layers are normally flattened by one or more scrapers before the next layer of powder is applied) when this powder spreading device is located in a waiting position situated outside the selective consolidation zone.
As to claim 5, Mercelis (US ‘409) teaches the powder distribution device (¶ [0044]: the powder layers are applied by one or several powder distributors) comprises a powder receiving surface movable relative to the work surface (¶ [0044] - ¶ [0045]: a building surface 15) and to the selective consolidation zone.
As to claim 6, Mercelis (US ‘409) teaches the powder dispensing device (¶ [0044]: the powder layers are applied by one or several powder distributors) comprises a powder reservoir movable above the work surface (¶ [0044] - ¶ [0045]: a building surface 15).
As to claim 7, Mercelis (US ‘409) discloses the upper surface of the closing wall of the secondary jacket ([0039]: an insert 9) is located in the same plane as the upper surface of the work plane (¶ [0044] - ¶ [0045]: a building surface 15).
As to claim 8, Mercelis (US ‘409) discloses the manufacturing plate comprises an opening of closed contour crossed by the secondary jacket ([0039]: an insert 9).
As to claim 9, Mercelis (US ‘409) teaches the secondary jacket ([0039]: an insert 9) has a shape identical to the main jacket (¶ [0039]: the building tube 5) in a horizontal plane, but reduced homothetically.
As to claim 10, Mercelis (US ‘409) discloses a secondary liner and a primary liner are cylindrical and extend in a vertical direction. See Fig. 1.
As to claim 11, Mercelis (US ‘409) teach the secondary jacket ([0039]: an insert 9) and the primary jacket (¶ [0039]: the building tube 5) are coaxial.
Conclusion
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 09/30/2026
