UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`14/922,267
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`10/26/2015
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`Alj 08a Kemperle
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`MBOT-OOSl-P02
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`1809
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`S TRATEGIC PATENTS P. C.
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`P 0 BOX 920629
`NEEDHAM, MA 02492
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`NGUYEN. THUKHANH T
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`ART UNIT
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`1743
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/05/2019
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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
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`following e—mail address(es):
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`patents @ stratpat.com
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
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`Application No.
`14/922,267
`Examiner
`THU-KHANH T NGUYEN
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`Applicant(s)
`Kemperle et al.
`Art Unit
`AIA (FITF) Status
`1743
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
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`Status
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`1). Responsive to communication(s) filed on 12/10/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; 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
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1 and 3—13 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1 and 3—13 is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. 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
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`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
`12):] 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)D All
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`b)I:J Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** 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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`1) C] Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190401
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`

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`Application/Control Number: 14/922,267
`Art Unit: 1743
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`Page 2
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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 under the
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`first inventor to file provisions of the AIA.
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`Claim Rejections - 35 US C § 102
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`2.
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`In the event the determination of the status of the application as subject to AIA 35 USC.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`3.
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`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)(l) 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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`4.
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`Claims 1 and 3—13 are again rejected under 35 USC. 102(a)(l) as being anticipated by
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`Bonassar et al. (7,939,003).
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`Regarding claims 1 and 4, Bonassar et al. discloses a 3D fabrication system, comprising a
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`fabrication tool (2, 68) and one or more sensor (204) to sense a contact force between the
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`fabrication tool (68) and a separate structure (44), wherein the fabrication tool is a tip of the
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`extruder (68).
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`Regarding claims 5—7, wherein the separate structures can be any structures such as the
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`object or the build platform that is located on the surface (44). Although Bonassar et al. used the
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`Application/Control Number: 14/922,267
`Art Unit: 1743
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`Page 3
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`calibration device (44) with force sensor (204) to calibrate the tip (68), this is just the intended
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`use of the force sensor, and the force sensor(s) can also be used for different purposes, such as to
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`detect the small changes in applied force in a direction normal to a surface of the separate
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`structure (44) with very little displacement of the tip (68), so that the Z coordinate of the tool tip
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`(68) can be identified, and the position of the tool tip and/or the position of the forming article
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`can be controlled with high accuracy.
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`Regarding claims 8—13, wherein more than one sensors/emitters/detectors can be used
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`(Fig. 13, 200A—B, 202A—B, 204), wherein the signal varies symmetrically as an object moves
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`perpendicular across an optical axis of the emitter/detector pair. Bonassar et al. further discloses
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`that in place of the separate structure (44), another modules (300) with another receptacle (306)
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`can be used to receive material dispensed from a material depositing tool, which could be the tip
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`(68), wherein the receptacle (306) having a plural sensor ports (3 14, 316) with a plurality of
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`sensors connecting to an electronic module (326) that contains any signal conditioning and
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`processing required to operate and monitor whatever sensors and actuators are in module and a
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`controller (300; col. 24, 19—66), wherein the sensors can be used to monitor a plurality of
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`different variable, such as light, temperature, flow rate, current, or mechanical force (col. 25,
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`lines 3—24). Thus, Bonassar et al. is capable of using many different type of sensors for sensing a
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`mechanical force, including a force between a tip of the nozzle (68) and the forming article
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`and/or the supporting surface.
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`Claim Rejections - 35 US C § 103
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`5.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`

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`Application/Control Number: 14/922,267
`Art Unit: 1743
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`Page 4
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`6.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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 of this title, 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.
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`7.
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`Claims 1 and 3—13 are again rejected under 35 U.S.C. 103 as being unpatentable over
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`Jang (6,129,872) in view of Lipson et al. (7,625,198).
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`J ang (US 6129872) teaches an apparatus and method for forming a three—dimensional
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`object comprising:
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`0
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`Providing an extruder having a chamber 40 (interior chamber) and a filament
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`feeding channel 59 that receives a body building material 20 in filament form (build
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`material) for extrusion (column 7, lines 36—67, figure 1, figure 2, figure 3), a dispensing
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`nozzle 24 (nozzle) that extrudes the body building material 20 (build material) (column 7,
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`lines 35—67), and a drive motor (motor) that drives the filament form (build material)
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`through the chamber 40 (interior chamber) and out the nozzle 24 (nozzle) (column 7,
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`lines 64—67, figure 1, figure 2, figure 3);
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`-
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`providing an object—supporting platform 26 (build platform) (column 8, lines 22—
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`26) that receives an object formed of the body building material 20 (build material)
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`extruded from the nozzle 24 (nozzle) (column 10, lines 15 —26);
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`-
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`providing a motion devices (positioning assembly) that positions the supporting
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`platform 26 (build platform) relative to the extruder (column 8, lines 22—32);
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`Application/Control Number: 14/922,267
`Art Unit: 1743
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`Page 5
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`-
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`providing a machine controller 150 (controller) coupled in a communicating
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`relationship with the extruder and the motion devices (positioning assembly) (column 9,
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`lines 64—67 — column 10, lines 1—5), wherein
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`the machine controller 150 (controller) is programmed (column 10, lines 1—15).
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`J ang further discloses that the drive motor can be controlled to regulate the advancing
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`rate of the filament 20 in the feeding channel 59 so that the volumetric dispensing rate of the
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`fluid can be closely controlled (column 7, lines 64—67, column 11, lines 3—9).
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`However, J ang fails to disclose a sensor detecting contact force between the fabrication
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`tool and a separate structure.
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`Lipson et al. discloses an for fabricating a 3—D article, comprising a force sensor (204) to
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`detect very small change in applied force with very little displacement, so that the actual position
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`of the injecting tip (68) can be identified for better maneuver and control of the tip onto the
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`subject (col. 22, lines 31—51).
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`It would have been obvious to one of ordinary skill in the art at the time the applicant's
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`invention was made to modify J ang by providing a force sensor at the injecting tip of the nozzle
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`as taught by Lipson et al so that actual position of the tip can be identified for better position
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`control of the forming nozzle and the formation of the 3—D object.
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`Response to Arguments
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`8.
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`Applicant's arguments filed 12/10/2018 have been fully considered but they are not
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`persuasive. In response to applicant's argument that the prior art force sensors are not located at a
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`claimed position to perform the functions of the presently claimed three—dimensional printer, a
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`recitation of the intended use of the claimed invention must result in a structural difference
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`Application/Control Number: 14/922,267
`Art Unit: 1743
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`Page 6
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`between the claimed invention and the prior art in order to patentably distinguish the claimed
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`invention from the prior art. If the prior art structure is capable of performing the intended use,
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`then it meets the claim. In this case, one of ordinary skill in the art would have been motivated to
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`relocate the position of the sensors to detect the contacting force between different structures in
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`order to control the movements of different structures relative to one another so that there will
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`not be an abrupt contact that could harms the nozzle and/or deform the material being injected.
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`9.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR l.l36(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR l.l36(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the mailing
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`date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to THU—KHANH T. NGUYEN whose telephone number is
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`(571)272—1136. The examiner can normally be reached on 7:30—4:30.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Joseph S. Del Sole can be reached on 571—272—1 130. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273—8300.
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`

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`Application/Control Number: 14/922,267
`Art Unit: 1743
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`Page 7
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`/THU KHANH T NGUYEN/
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`Examiner, Art Unit 1743
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`/JOSEPH S DEL SOLE/
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`Supervisory Patent Examiner, Art Unit 1743
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`