Prosecution Insights
Last updated: August 17, 2026
Application No. 19/183,270

ADDITIVE MANUFACTURING WITH MATERIAL LAYERS

Non-Final OA §102§103
Filed
Apr 18, 2025
Priority
Apr 19, 2024 — provisional 63/636,338
Examiner
TENTONI, LEO B
Art Unit
Tech Center
Assignee
Align Technology Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
1156 granted / 1411 resolved
+21.9% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
39 currently pending
Career history
1430
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1411 resolved cases

Office Action

§102 §103
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 § 102 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 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) 1-3, 5, 6, 8-11 and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Kawaguchi (U.S. Patent No. 5,578,155 A). Regarding claim 1, Kawaguchi (see the entire document, in particular, col. 1, lines 7-9; col. 7, lines 3-18; col. 8, lines 29-40 and 52-54; Figures 4A-4E) teaches a process (see col. 1, lines 7-9 (method of forming a three-dimensional object through a sheet laminating process) of Kawaguchi), including (a) forming an object from a plurality of object layers (see col. 1, lines 7-9 (method of forming a three-dimensional object through a sheet laminating process) of Kawaguchi), wherein each object layer is formed by (a)(1) depositing a material layer (see Figure 4B; col. 7, lines 10-18 (depositing film 94 and adhesive layer 96; both are material layers) of Kawaguchi), (a)(2) applying energy to a target portion of the material layer, the target portion of the material layer having a geometry corresponding to the object layer (see Figure 4C; col. 8, lines 29-35 (light source 54 emits solidifying light towards film 94 and adhesive layer 96) of Kawaguchi), (a)(3) forming a cut in the material layer at or near a boundary between the target portion of the material layer and a remaining portion of the material layer (see Figure 4D; col. 8, lines 36-40 (laser cutting unit 60 cuts film 94 and adhesive layer 96 into an effective area V2 and a non-required area U2) of Kawaguchi); and (a)(4) after forming the object from the plurality of object layers, separating the object from excess material along the cut in each material layer (see Figure 4E; col. 8, lines 52-54) removal of the non-required areas leaves the effective areas) of Kawaguchi). Regarding claims 2 and 3, see Figure 4B; col. 7, line 15 (photo-setting adhesive PA) of Kawaguchi. Regarding claims 5 and 6, see Figures 4B and 4C; col. 7, lines 10-18 (newly-formed plastic film PF 94 and newly-formed adhesive layer PA 96 adhere to layer 90) of Kawaguchi. Regarding claims 8 and 9, see Figure 4C; col. 8, lines 29-35 (solid portion 96b of adhesive layer 96 is attached to film 94 on their interface as shown by jagged lines) of Kawaguchi. Regarding claims 10, 11 and 13, see Figure 4A; col. 7, lines 3-9 (film 90, adhesive layer 92) of Kawaguchi. Regarding claim 14, see Figure 4C; col. 8, line 29 (light source 54) of Kawaguchi. Regarding claim 15, see Figure 4D; col. 8, line 36 (laser cutting unit 60) of Kawaguchi. Regarding claim 16, see Figure 4C (layer 94 has an overhang with respect to layer 96; layer 90 has an overhang with respect to layer 92) of Kawaguchi. Claim(s) 1, 5, 6, 12, 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Feygin (U.S. Patent No. 5,354,414 A). Regarding claim 1, Feygin (see the entire document, in particular, col. 1, lines 11-19; col. 4, lines 63-66; col. 5, lines 39-42; col. 6, lines 44-58; col. 10, lines 48-50; col. 17, lines 56-63) teaches a process (see col. 1, lines 11-19 (laminated object manufacturing (LOM) method for forming three-dimensional objects based on sheet materials) of Feygin), including (a) forming an object from a plurality of object layers (see col. 1, lines 11-19 (laminated object manufacturing (LOM) method for forming three-dimensional objects based on sheet materials) of Feygin), wherein each object layer is formed by (a)(1) depositing a material layer (see col. 6, lines 44-58 (sheets are fed into the system) of Feygin), (a)(2) applying energy to a target portion of the material layer, the target portion of the material layer having a geometry corresponding to the object layer (see col. 6, lines 44-58 (sheets are cut in a desired pattern by a laser beam (i.e., applied energy)) of Feygin), (a)(3) forming a cut in the material layer at or near a boundary between the target portion of the material layer and a remaining portion of the material layer (see col. 6, lines 44-58 (sheets are cut in a desired pattern by a laser beam (i.e., applied energy)) of Feygin); and (a)(4) after forming the object from the plurality of object layers, separating the object from excess material along the cut in each material layer (see col. 6, lines 44-58 (sheets are cut in a desired pattern by a laser beam (i.e., applied energy)) of Feygin). Regarding claims 5 and 6, see col. 5, lines 39-42 (assembling a plurality of individually contoured laminations into a three-dimensional object and for integrally bonding the individually contoured laminations) of Feygin. Regarding claims 12 and 13, see col. 4, lines 63-66 (sheet material is created by extrusion) of Feygin. Regarding claims 14 and 15, see col. 6, lines 48-49 (laser beam) of Feygin. 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. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawaguchi (U.S. Patent No. 5,578,155 A) as applied to claims 1-3, 5, 6, 8-11 and 13-16 above, and further in view of Savard (U.S. Patent Application Publication 2022/0061958 A1). Regarding claim 20, Kawaguchi does not teach (1) the manufacture of a dental appliance. Savard (see the entire document, in particular, paragraph [0046]) teaches the manufacture of a dental appliance (see paragraph [0046] (an aligner (i.e., a dental appliance) is manufactured by laminated object manufacturing) of Savard), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to manufacture a dental appliance in the process of Kawaguchi in view of Savard in order to manufacture a desired three-dimensional object. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feygin (U.S. Patent No. 5,354,414 A) as applied to claims 1, 5, 6, 12, 14 and 15 above, and further in view of Savard (U.S. Patent Application Publication 2022/0061958 A1). Regarding claim 1, Feygin does not teach (1) the manufacture of a dental appliance. Savard (see the entire document, in particular, paragraph [0046]) teaches the manufacture of a dental appliance (see paragraph [0046] (an aligner (i.e., a dental appliance) is manufactured by laminated object manufacturing) of Savard), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to manufacture a dental appliance in the process of Feygin in view of Savard in order to manufacture a desired three-dimensional object. Allowable Subject Matter Claims 4, 7 and 17-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEO B. TENTONI whose telephone number is (571)272-1209. The examiner can normally be reached 7:30-4:00 ET M-F. 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, Christina A. Johnson can be reached at (571)272-1176. 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. LEO B. TENTONI Primary Examiner Art Unit 1742 /LEO B TENTONI/Primary Examiner, Art Unit 1742
Read full office action

Prosecution Timeline

Apr 18, 2025
Application Filed
Jul 27, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
92%
With Interview (+10.0%)
2y 9m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1411 resolved cases by this examiner. Grant probability derived from career allowance rate.

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