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 .
Applicant's request for reconsideration of the finality of the rejection of the
last Office action is persuasive and therefore the finality of that action is withdrawn.
The status of the 06/12/2025 claims, is as follows: Claim 14 has been amended; Claims 1-7, and 16 have been canceled; and claims 8-15, and 17-20 are pending.
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.
Claim 14 is 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 pre-AIA the applicant regards as the invention.
In claim 14:
The limitation "a preheat current I of the wire preheating power" in lines 13-14 renders the claim indefinite because there is a previous instance of “a preheat process parameter to heat the electrode wire” in line 10. It is unclear if the “preheat current I of the wire preheating power” is intended to refer to the preheat process parameter, or another parameter. According to the original specification para. 0025, the preheat process parameters comprises wire feed speed, a preheat current, a preheat voltage etc.
Therefore, for the purpose of substantive examination, it is presumed that the “preheat current I of the wire preheating power” in lines 13-14 is the same as the preheat process parameter. It is suggested to read “the control circuitry is configured to determine the preheat process parameter comprising a preheat current I of the wire”.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
In claim 9 (similarly applying to claim 13):
The limitation “one or more input devices” in line 2
“devices” is the generic placeholder.
“input” is the functional language.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation:
The limitation “one or more input devices" in line 2 of claim 9 has been described in originally-filed specification in para. 0044 as keypad, keyboard, buttons, touch screen, voice activation system, wireless device, etc.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 8-10, 12-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ogborn (US 20140008331) in view of Zwayer (US 20180099346) and Daniels (US 20200200399)
Regarding Claim 8, Ogborn discloses a power supply (system 1400; fig. 3), comprising:
power conversion circuitry (internal wiring of power supply 170; fig. 3) configured to convert input power to wire heating power and to output the wire heating power to a heating circuit (contact tube 160; fig. 3) (“the filler wire 140 is resistance-heated by an electrical current from the hot wire welding power supply 170, which is operatively connected between the contact tube 160 and the workpiece 115”, para. 0016), and
control circuitry (sensing and control unit 195; fig. 3) configured to:
determine material properties of an electrode wire (resistivity of filler material) to be heated via the wire heating power (para. 0033), the material properties comprising a resistivity of the electrode wire (“other user input data (filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc.)”, para. 0033);
determine a heat process parameter (power or current output of the power supply 170) to heat the electrode wire to a target temperature (desired temperature setting for a given weld and/or wire 140) based on the material properties (resistivity of filler material) (para. 0033) and a first predetermined relationship (relationship) between the target temperature (desired temperature), the material properties (resistivity of filler material), and the heat process parameter (power or current output of the power supply 170) (para. 0033) (it is noted there is relationship between temperature, resistivity of filler and power/current output of the power supply 170. For example, desired temperature can be determined based on the filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc, then the current/power of the power supply 170 is controlled to achieve the desired temperature based on the feedback from the temperature sensor. The control unit 195 determines the current/power of the power supply based on at least resistivity of the filler wire, the desired temperature, and the feedback from the sensor), wherein the first predetermined relationship (relationship) relating the target temperature (desired temperature) to a plurality of heat process parameters (power, current output of the power supply 170) (para. 0033) (it is noted the relationship relates the desired temperature, power/current output of the power supply 170, at least resistivity of the filler material, feedback from the sensor. The control unit 195 controls the power/current output of the power supply 170 based on the desired temperature, the filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc, and the feedback from the temperature sensor), wherein the heat process parameters (power, current output of the power supply 170) comprise a heat current (current output of the power supply 170) and a heat power (power output of the power supply 170), and
control the power circuitry (internal wiring of power supply 170) to output the wire heating power based on the preheat process parameter (power or current output of the power supply 170) to heat the electrode wire (wire 140) to the target temperature (desired temperature) (para. 0033).
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Ogborn does not disclose:
power conversion circuitry configured to output the wire preheating power to the preheating circuit; and
wherein the first predetermined relationship comprises a second-order polynomial.
However, Zwayer discloses a power supply 302a (fig. 27) configured to provide welding current and a separate power supply 302b (fig. 27) configured to provide preheat current to the wire 114 (para. 0066, 0087, and abstract), wherein the power supply 302b configured to output the wire preheating power (preheat current) to a preheating circuit (contact tips 308; fig. 27) (it is noted the power supply 302a provides heating power to the electrode via the first contact tip 318 and the power supply 302b provides preheating power to the electrode via the second contact tip 308)
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power supply of Ogborn to include the separate power supply and the contact tip 308 configured to provide preheating power to the wire as taught by Zwayer (it is noted the power supply 302b for providing preheating current via the contact tip 308 that is separate from power supply 302a for providing heating current via the contact tip 318 of Zwayer).
The modification to provide preheat current advantageously allows the arc energy to be generated to be drastically reduced, thereby improving the efficiency of the welding process (para. 0087 of Zwayer).
The modification does not disclose the first predetermined relationship comprises a second-order polynomial.
However, Daniels discloses a water heater 100 (fig. 1A), wherein the hot water temperature is controlled by a processor 990 executing a feedforward control process (fig. 4), in which the position of the proportional valve 160 to control the flow of boiler water into the heat exchanger 120 is based on at least the temperature measurement of the mixed water at the mixing tank. The feedforward control process comprises a second order or higher polynomial process equation that indicates the relationship between three-way proportional valve 160 position on the supply side to the heat exchanger 120 and the mixed water temperature at the mixing tank 180 (para. 0074-0075 and 0016-0017; figs. 1A and 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the predetermined relationship between the target temperature, the material properties, and the preheat process parameter, wherein the first predetermined relationship relating the target temperature to the plurality of preheat process parameters of Ogborn, to comprise the second-order polynomial equation as taught by Daniels because it is conventionally known to describe the relationship between the various parameters in the form of second-order polynomial because the various parameters do not necessarily have linear relationship. The second-order polynomial between the various parameters yields more efficient and accurate non-linear relationship between the target temperature, the material properties and the plurality of preheat process parameters.
Regarding Claim 9, the modification discloses substantially all of the claimed features as set forth above. Ogborn the control circuitry (sensing and control unit 195; fig. 1) configured to determine at least one of the material properties (resistivity of filler material) based on user inputs (para. 0033).
The modification does not disclose one or more input devices.
However, Zwayer discloses one or more input devices (user interface) configured to receive user’s input (para. 0219).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power supply of Ogborn to include the user interface configured to receive user’s input as further taught by Zwayer. Doing so would allow the user to input his desired welding parameters via the user interface.
Regarding Claim 10, Ogborn discloses the inputs (user input) comprise an identification of a wire type (electrode type) (“user input data (filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc.)”, para. 0033).
Regarding Claim 12, Ogborn discloses the control circuitry (sensing and control unit 195) is configured to determine a wire diameter (filler wire diameter) based on the inputs (“user input data (filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc.)”, para. 0033).
Regarding Claim 13, the modification discloses substantially all of the claimed features as set forth above. Ogborn discloses the control circuitry (sensing and control unit 195) configured to determine the target temperature (desired temperature setting) based on one or more inputs (“the user can input a desired temperature setting”, para. 0033).
The modification does not disclose one or more input devices, wherein the target temperature is received via the one or more input devices.
However, Zwayer discloses one or more input devices (user interface) configured to receive user’s input (para. 0219).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power supply of Ogborn to include the user interface configured to receive user’s input as further taught by Zwayer. Doing so would allow the user to input his desired welding parameters (i.e. desired temperature) via the user interface.
Regarding Claim 15, Zwayer discloses the preheating power supply (power supply 302b), wherein the preheating circuit (contact tips 308, 318) comprises a first contact tip (first contact tip 318) of a welding torch and a second contact tip (second contact tip 308) of the welding torch (para. 0086; fig. 3).
Regarding Claim 17, Ogborn discloses the control circuitry (sensing and control unit 195 of Ogborn) is configured to select the first predetermined relationship from a plurality of predetermined relationships (para. 0033) (it is noted for a given weld and wire, the control unit 195 determines the value of the current/power of the power supply based on the relationship between the particular target temperature, the particular resistivity of the wire, the particular preheat process parameters. When the weld and/or wire is changed (i.e. resistivity of the wire), the control unit 195 determines another value of the current/power of the power supply based on the another relationship between the another target temperature, the another resistivity of the wire, the value of preheat process parameters).
Regarding Claim 18, the modification discloses the preheat process parameter (power or current output of the power supply of Ogborn) comprises a preheat current (current output) (para. 0033 of Ogborn).
Regarding Claim 19, the modification discloses the control circuitry (sensing and control unit 195 of Ogborn) is configured to control the power conversion circuitry (converter of the power supply 170 of Ogborn) to heat the electrode wire (wire 140) to the target temperature (desired temperature) with the use of a temperature sensor to measure a temperature of the preheated electrode wire (para. 0033 of Ogborn).
The modification does not disclose the temperature measurement of the preheated electrode wire is performed without the use of the temperature sensor.
However, Zwayer discloses temperature measurement of the preheated electrode wire is performed without the use of the temperature sensor (algorithm of a temperature determining device) (para. 0100).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature measurement of Ogborn such that the temperature measurement of the wire is performed using algorithm based on the current, voltage, and/or power supplied to the wire, thereby obviating the need for the temperature sensor (para. 0100 of Zwayer).
Regarding Claim 20, the modification discloses the control circuitry (sensing and control unit 195 of Ogborn) is configured to determine the target temperature (desired temperature setting of Ogborn) to which the electrode wire is to be preheated (para. 0033 of Ogborn).
Regarding Claim 14, Ogborn discloses a heating power supply (system 1400; fig. 3) comprising:
power conversion circuitry (internal wiring of power supply 170; fig. 3) configured to convert input power to wire heating power and to output the wire heating power to a heating circuit (contact tube 160; fig. 3) (“the filler wire 140 is resistance-heated by an electrical current from the hot wire welding power supply 170, which is operatively connected between the contact tube 160 and the workpiece 115”, para. 0016), and
control circuitry (sensing and control unit 195; fig. 3) configured to:
determine material properties of an electrode wire (resistivity of filler material) to be heated via the wire heating power (para. 0033. It is noted the resistivity of the filler material is known to the control unit 195), the material properties comprising a resistivity of the electrode wire (“other user input data (filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc.)”, para. 0033);
determine a heat process parameter (power output or current output of the power supply 170) to heat the electrode wire to a target temperature (desired temperature setting for a given weld and/or wire 140) based on the material properties (resistivity of filler material) (para. 0033) and a first predetermined relationship (relationship) between the target temperature (desired temperature), the material properties (resistivity of filler material), and the heat process parameter (power output or current output of the power supply 170) (para. 0033) (it is noted there is relationship between temperature, resistivity of filler and power/current output of the power supply 170. For example, desired temperature can be determined based on the filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc, then the current/power of the power supply 170 is controlled to achieve the desired temperature based on the feedback from the temperature sensor. The control unit 195 determines the current/power of the power supply based on at least resistivity of the filler wire, the desired temperature, and the feedback from the sensor), wherein the control circuitry (sensing and control unit 195) is configured to determine a current I of the wire heating power (current output of the power supply 170) based on the first predetermined relationship (relationship) that relates “b” is the initial temperature of the electrode wire (initial temperature sensed by sensor 1410), “m” is a constant based on the material properties of the electrode wire (resistivity of the filler material), “A” is the cross-sectional area of the electrode wire (cross-sectional area of the filler wire), “v” is a wire feed speed of the electrode wire (wire feed speed), and temp is the target temperature (desired temperature) (para. 0033) (it is noted the current output of the power supply is determined based on initial temperature of the wire sensed by temperature sensor 1410, resistivity of the filler wire, cross-sectional area of the filler wire, wire feed speed of the wire, and target temperature), and
control the power circuitry (internal wiring of power supply 170) to output the wire heating power based on the preheat process parameter (power output or current output of the power supply 170) to heat the electrode wire to the target temperature (desired temperature) (para. 0033-0034) (it is noted that the power output or the current output of the power supply 170 is determined by the relationship between at least the desired temperature, the resistivity of wire, cross-sectional area of the wire, the wire feed speed, and feedback from sensor indicating temperature of the wire).
Ogborn does not disclose:
power conversion circuitry configured to output the wire preheating power to the preheating circuit;
the first predetermined relationship is defined by the following equation:
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However, Zwayer discloses a power supply 302a (fig. 27) configured to provide welding current and a separate power supply 302b (fig. 27) configured to provide preheat current to the wire 114 (para. 0066, 0087, and abstract), wherein the power supply 302b configured to output the wire preheating power (preheat current) to a preheating circuit (contact tips 308; fig. 27) (it is noted the power supply 302a provides heating power to the electrode via the first contact tip 318 and the power supply 302b provides preheating power to the electrode via the second contact tip 308)
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power supply of Ogborn to include the separate power supply and the contact tip 308 configured to provide preheating power to the wire as taught by Zwayer (it is noted the power supply 302b for providing preheating current via the contact tip 308 that is separate from power supply 302a for providing heating current via the contact tip 318 of Zwayer).
The modification to provide preheat current advantageously allows the arc energy to be generated to be drastically reduced, thereby improving the efficiency of the welding process (para. 0087 of Zwayer).
The modification does not disclose the first predetermined relationship is defined by the following equation:
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However, Daniels discloses a water heater 100 (fig. 1A), wherein the hot water temperature is controlled by a processor 990 executing a feedforward control process (fig. 4), in which the position of the proportional valve 160 to control the flow of boiler water into the heat exchanger 120 is based on at least the temperature measurement of the mixed water at the mixing tank. The feedforward control process comprises a second order or higher polynomial process equation that indicates the relationship between three-way proportional valve 160 position on the supply side to the heat exchanger 120 and the mixed water temperature at the mixing tank 180 (para. 0074-0075 and 0016-0017; figs. 1A and 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the predetermined relationship between the target temperature, the material properties, and the preheat process parameter of Ogborn to comprise the second-order polynomial equation as taught by Daniels because it is conventionally known to describe the relationship between the various parameters in the form of second-order polynomial because the various parameters do not necessarily have linear relationship. The second-order polynomial between the various parameters yields more efficient and accurate non-linear relationship between the target temperature, the material properties and the plurality of preheat process parameters.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Ogborn (US 20140008331), Zwayer (US 20180099346), and Daniels (US 20200200399) as applied to claim 10 above, further in view of Wagner (US 20170136579)
Regarding Claim 11, the modification discloses substantially all of the claimed features as set forth above. Ogborn discloses the control circuitry (sensing and control unit 195) is configured to determine the material properties (resistivity of the wire 140) (it is noted the sensing and control unit 195 is made known about the resistivity of the filler material based on the user’s input).
The modification does not disclose the control circuitry is configured to determine the material properties based on the identification of the wire type.
However, Wagner discloses different wire types have different parameters, such as melting temperature, electrical resistivity, heat capacity, and thermal conductivity (para. 0009).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control circuitry of Ogborn to associate the material properties (i.e. resistivity of the wire) with the wire type as taught by Wagner such that the control circuitry is configured to determine the material properties based on the identification of the wire type, because it is known that different wire types are associated with different electrical resistivity and heat capacity.
Response to Argument
Applicant's arguments filed on 02/26/2026 have been fully considered but they are respectfully not persuasive because:
Applicant’s Arguments: with respect to claim 8 on p. 3-4 of the Remarks “Ogborn does not teach or suggest "determine a preheat process parameter to heat the
electrode wire to a target temperature based on the material properties and a first predetermined relationship between the target temperature, the material properties, and the preheat process parameter, wherein the first predetermined relationship comprises a second-order polynomial relating the target temperature to a plurality of preheat process parameters, wherein the preheat process parameters comprise two or more of a wire feed speed, a preheat current, a preheat voltage, a preheat power, a preheat resistance, a preheat enthalpy, or a preheat length." Instead, Ogborn states that "the sensing and control unit 195 can set a desired temperature based on other user input data (filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc.)" (emphasis added).
Ogborn, <J[ [0033]. That is, while claim 8 recites "determine a preheat process parameter to heat the electrode wire to a target temperature," Ogborn describes using the user input data (filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc.) to determine the desired temperature itself.
Zwayer does not overcome this additional deficiency of Ogborn.
The Examiner argues that "Ogborn discloses determining a heat process parameter (power
output/current output of the power supply 170) based on the predetermined relationship ("control
unit 195 would control at least the power supply 170, laser power supply 130, and/or wire feeder
150 to maintain that desired temperature", para. 0033)." See Office Action, p. 24. However, this
mischaracterizes the disclosure of Ogborn, because Ogborn does not teach or suggest a
predetermined relationship between the target temperature, the material properties, and the preheat
process parameter.
While Ogborn describes setting the desired temperature based on the filler wire, the system
of Ogborn controls the power or current output of the hot wire power supply 170 based on the
temperature sensor feedback rather than on a predetermined relationship. See Ogborn, <J[ [0033 ].
In fact, Ogborn explains that "in such an embodiment it is possible to account for heating of the
wire 140 that may occur due to the laser beam 110 impacting on the wire 140 before the wire 140
enters the weld puddle 145," because "at least some of the heating of the wire 140 can come from
the laser beam 110 impinging on at least a part of the wire 140" and "the current or power from
the power supply 170 alone may not be representative of the temperature of the wire 140." For at
least these reasons, a person of ordinary skill in the art would not understand Ogborn to "determine
a preheat process parameter to heat the electrode wire to a target temperature based on the material
properties and a first predetermined relationship between the target temperature."
Examiner’s Responses:
The applicant’s arguments are respectfully not persuasive because para. 0033 of Ogborn discloses the control unit 195 determines the heating process parameter (i.e. current/power of the power supply) to heat the wire to desired temperature. In doing so, the control unit 195 determines the desired temperature based on the filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, etc, then the control unit 195 determines the current or power of the power supply based on the determined temperature and the feedback from the temperature sensor. Therefore, the control unit 195 determines the current or power of the power supply based on the desired temperature, the filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, and the feedback from the sensor. Therefore, there is relationship between the current/power of the power supply, desired temperature, the filler wire diameter, minimum cross-sectional area of the filler wire, resistivity of filler material, length L of filler droplet, wire feed speed, electrode type, and the temperature from the temperature sensor. The control unit 195 does not control the power supply solely based on the feedback temperature as implied by the Applicant. Rather, the control unit 195 determines the current/power of the power supply based on the relationship between the target temperature, current/power of the power supply, and material properties (i.e. resistivity) and the feedback from the sensor.
Daniels is relied upon for the relationship between various parameters that have non-linear relationship and the relationship is described by the polynomial equation (para. 0074-0075). The second-order polynomial between the various parameters yields more efficient and accurate non-linear relationship between the target temperature, the material properties and the plurality of preheat process parameters.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IBRAHIME ABRAHAM can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BONITA KHLOK/ Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/ Supervisory Patent Examiner, Art Unit 3761
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