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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
`
`
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`14/064,613
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`10/28/2013
`
`Peter Joseph Schmehl
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`MBOT—0048—P01
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`9846
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`S TRATEGIC PATENTS P.C.
`PO. BOX 920629
`NEEDHAM, MA 02492
`
`KENNEDY, TIMOTHY]
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`ART UNIT
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`1743
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`PAPER NUIVIBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/03/2016
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`patents @ stratpat.c0m
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`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/064,613 SCHMEHL, PETER JOSEPH
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`TIMOTHY KENNEDY $2215 1743
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 10/28/2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 1-20 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_120 Is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
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`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
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`
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)IZI The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 10/28/2013 is/are: a)|:l accepted or b)IXI objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20160125
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`

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`Application/Control Number: 14/064,613
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`Page 2
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`Art Unit: 1743
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`DETAILED ACTION
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`Drawings
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`2.
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show
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`every feature of the invention specified in the claims. Therefore, the locking mechanism
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`must be shown/pointed out or the feature(s) canceled from the c|aim(s). No new matter
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`should be entered.
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`3.
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`Corrected drawing sheets in compliance with 37 CFR 1.121 (d) are required in
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`reply to the Office action to avoid abandonment of the application. Any amended
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`replacement drawing sheet should include all of the figures appearing on the immediate
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`prior version of the sheet, even if only one figure is being amended. The figure or figure
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`number of an amended drawing should not be labeled as “amended.” If a drawing figure
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`is to be canceled, the appropriate figure must be removed from the replacement sheet,
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`and where necessary, the remaining figures must be renumbered and appropriate
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`changes made to the brief description of the several views of the drawings for
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`consistency. Additional replacement sheets may be necessary to show the renumbering
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`of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement Sheet” or “New
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`Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner,
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`the applicant will be notified and informed of any required corrective action in the next
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`Office action. The objection to the drawings will not be held in abeyance.
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`

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`Application/Control Number: 14/064,613
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`Page 3
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`Art Unit: 1743
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`Of Note
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`4.
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`The Examiner wishes to point out to applicant that claims 1-20 are directed
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`towards an apparatus and as such will be examined under such conditions. The
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`material worked upon or the process of using the apparatus is viewed as recitation of
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`intended use and is given patentable weight only to the extent that structure is added to
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`the claimed apparatus (Please see MPEP 2112.01 l and 21 14-21 15 for further details).
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`Claim Objections
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`5.
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`Claim 11 is objected to because of the following informalities: HDPL should be
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`HDPE, since HDPL is no way, shape, or form an acronym for high density polyethylene.
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`Appropriate correction is required.
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`Specification
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`6.
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`The disclosure is objected to because of the following informalities: all instances
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`of HPDL should be HDPE. Appropriate correction is required.
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`Claim Rejections - 35 USC § 1 12
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`7.
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`The following is a quotation of 35 U.S.C. 112(b):
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`(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.
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`8.
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`Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the
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`subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards
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`as the invention.
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`9.
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`The term "low friction" in claim 13 is a relative term which renders the claim
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`indefinite. The term is not defined by the claim, the specification does not provide a
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`Application/Control Number: 14/064,613
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`Page 4
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`Art Unit: 1743
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`standard for ascertaining the requisite degree, and one of ordinary skill in the art would
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`not be reasonably apprised of the scope of the invention. Since there is nothing in the
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`disclosure to ascertain what “low friction” means, the term is indefinite since one
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`persons “low friction” may be different from the intent of the Applicant.
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`10.
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`The following is a quotation of 35 U.S.C. 112(d):
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`(d) REFERENCE IN DEPENDENT FORMS—Subject to subsection (e), a claim in dependent
`form shall contain a reference to a claim previously set forth and then specify a further
`limitation of the subject matter claimed. A claim in dependent form shall be construed to
`incorporate by reference all the limitations of the claim to which it refers.
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`11.
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`Claims 912 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th
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`paragraph, as being of improper dependent form for failing to further limit the subject
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`matter of the claim upon which it depends, or for failing to include all the limitations of
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`the claim upon which it depends.
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`12.
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`Claim 9 does not further limit the structure of the extruder, it appears to be
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`claiming what the spring is doing, and not adding addition structure to further limit the
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`apparatus.
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`13.
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`Claim 10 does not further limit the structure of the extruder, it is the intended use
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`of the apparatus, there is no further structure to limit the apparatus.
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`14.
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`Claim 11 does not further limit the structure of the extruder, since it is claiming
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`the material worked upon by the apparatus, not the structure itself.
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`15.
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`Claim 12 does not further limit the structure of the extruder, since it appears to be
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`claiming an inherent function/property of a spring.
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`

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`Application/Control Number: 14/064,613
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`Page 5
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`Art Unit: 1743
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`16.
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`Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in
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`proper dependent form, rewrite the claim(s) in independent form, or present a sufficient
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`showing that the dependent claim(s) complies with the statutory requirements.
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`Claim Rejections - 35 USC § 102
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`17.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`18.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
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`19.
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`Claims 1-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
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`by Kensrue (U.S. Patent 6,568,587: already of record). Regarding claim 1, Kensrue
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`teaches:
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`20.
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`An extruder (Figures 1A and 3) comprising an input opening aligned to a
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`feedpath for a filament of build material (inlet 170 is the input for the filament that moves
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`along as shown between rolls 44 and 46), a chamber shaped and sized to pass the
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`build material along the feedpath (As seen in Figures 1A and 3 there is such a chamber
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`which would extend all the way out of the welding gun in Figure 1B), and an orifice to
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`Application/Control Number: 14/064,613
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`Page 6
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`Art Unit: 1743
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`discharge the build material in an extrusion (the orifice is where the filament leaves the
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`housing 14)
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`21.
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`A drive gear having a number of teeth positioned to engage the filament in the
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`feedpath (driver roll 44, with a drive surface 64, which has teeth, column 5, lines 62-65)
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`22.
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`A bearing positioned opposite the drive gear along the feedpath (idler roll 46)
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`23.
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`A spring coupled to the bearing and biasing the bearing toward the drive gear
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`with a spring force (first and second bias members 104 and 105)
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`24.
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`A lever extending from the extruder assembly to manually move the bearing
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`against the spring force away from the feedpath (adjustable spacer 110)
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`25.
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`A locking mechanism to secure the lever in a position with the bearing moved
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`away from and out of the feedpath (the shape of the adjustable spacer 110 as it moves
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`through its range of motion locks it into the desired location, otherwise it would not be
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`able to push the idler roll 44 into position and stay there, as well as the addition of the
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`spring force of the springs 104/105 providing counter pressure)
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`26.
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`Regarding claim 2, Kensrue teaches:
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`27.
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`Further comprising a motor coupled to the drive gear and operable to rotate the
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`drive gear (motor 48 is coupled to drive shaft 60 and drive roll 44, column 5, lines 26-
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`34)
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`28.
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`Regarding claim 3, Kensrue teaches:
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`29. Wherein the bearing comprises a freely rotating contact surface (idler roll 46 has
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`idler surface 66 which is coupled to idler shaft 68, and is freely rotatable due to the
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`design as seen in Figures 3 and 4)
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`

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`Application/Control Number: 14/064,613
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`Page 7
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`Art Unit: 1743
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`30.
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`Regarding claim 4, Kensrue teaches:
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`31. Wherein an axis of the bearing is substantially parallel to an axis of the drive gear
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`(As seen in Figure 3 the two axes are parallel)
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`32.
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`Regarding claim 5, Kensrue teaches:
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`33. Wherein the lever moves the axis of the bearing away from the axis of the drive
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`gear (Figure 3, the adjustable spacer 110 overs the idler roll 46 to positions A or B
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`based on the movement of the spacer)
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`34.
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`Regarding claim 6, Kensrue teaches:
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`35.
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`Further comprising a pivot for the lever, wherein the spring is coupled to the lever
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`away from the pivot (Figures 3 and 7, the spacer 110 pivots as shown, and the spring
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`104 is coupled to spacer 110 away from the spacer’s pivot point)
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`36.
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`Regarding claim 7, Kensrue teaches:
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`37. Wherein the locking mechanism includes a bistable lever including a mechanical
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`linkage to the bearing, the bearing engaged with the drive gear when the bistable lever
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`is in a first position and the bearing disengaged from the drive gear when the bistable
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`lever is in a second position (the spacer 110 has two positions as seen in Figure 3, as
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`seen by movements A and B, thus the spacer 110 is a bistable lever when combined
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`with the spacers shape and the counter pressure of the springs 104/105.
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`ln position A
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`the idler roll 46 is engaged and in position B the idler roll is disengaged)
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`38.
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`Regarding claim 8, Kensrue teaches:
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`39. Wherein the spring is a coil spring (As seen in Figure 3, the springs 104/105 are
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`coil springs)
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`

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`Application/Control Number: 14/064,613
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`Page 8
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`Art Unit: 1743
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`40.
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`Regarding claims 9, 10, and 12:
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`41.
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`The spring 104 helps to lock the spacer 110 when it is in position to engage the
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`idler roller and driver roller together, thus it has the claimed functions, particularly since
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`a spring will apply constant force with or without external force due to Hooke's Law.
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`42.
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`Regarding claim 11:
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`43.
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`The extruder apparatus of Kensrue is capable of using such filament, since
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`Kensrue anticipates the claimed structure.
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`44.
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`Regarding claim 13:
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`45.
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`Since the term “low friction” is undefined, and since Kensrue teaches idler roll 46,
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`and since Kensrue anticipates the apparatus, then the idler roll 46 is seen as low
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`friction.
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`46.
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`Regarding claim 14:
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`47.
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`See remarks regarding claim 1. The spacer 100 of Kensrue is the manual
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`control.
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`48.
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`Regarding claims 15 and 16:
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`49.
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`T the spacer 110 of Kensrue can be seen as a lever, a knob, a slider, and a push
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`button.
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`50.
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`Regarding claims 17 and 18:
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`51.
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`Kensrue as previously discussed teaches coil springs 104/105, which are also
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`compression springs.
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`52.
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`Regarding claim 20:
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`53.
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`See remarks regarding claim 7.
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`

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`Application/Control Number: 14/064,613
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`Page 9
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`Art Unit: 1743
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`54.
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`Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kensrue,
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`and as evidenced by Kensrue (U.S. Patent 5,728,995: herein Kensrue 2). Regarding
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`claim 19:
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`55.
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`Further comprising a heating element to liquefy a length of build material in the
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`chamber of the extruder
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`56.
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`The extruder apparatus of Kensrue goes into a an arc welding gun as disclosed
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`by Kensrue 2 which is incorporated by reference into the disclosure of Kensrue (column
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`4, lines 60-66). As disclosed by Kensrue 2, the arc welding gun has a current
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`conducting mounting block 14 (Figure 3 and column 2, lines 49-50), which is what will
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`melt a length of filament when it contacts the surface being welding, thus it is the
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`heating element.
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`It is noted the manner in which claim 19 is claimed does not say the
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`length of filament is melted in the chamber, just that a length that was in the chamber is
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`melted.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to TIMOTHY KENNEDY whose telephone number is
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`(571 )270-7068. The examiner can normally be reached on Monday through Friday
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`9:00am to 6:00pm (Direct fax number 571 -270-8068).
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Joseph Del Sole can be reached on (571) 272-1130. The fax phone
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`number for the organization where this application or proceeding is assigned is 571-
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`273-8300.
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`

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`Application/Control Number: 14/064,613
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`Page 10
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`Art Unit: 1743
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/TIMOTHY KENNEDY/
`
`Primary Examiner, Art Unit 1743
`
`