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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/19/2025 has been entered.
Claim Status
Claims 1,12 and 16 has been amended.
Claims 1-10,12-14,16,19 and 20-24 are pending and examined as follows:
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 pre-AIA 35 U.S.C. 103(a) 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1,2,4,8,9,10 and 12-15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hillen et al (US 8,952,291) in view of Toshiharu et al (EP0139249B1) in view of Togashi et al (JP2012130934A).
Note: “comprising” is a transitional term which is open-ended and does not exclude, additional unrecited elements See, e.g., Mars Inc. v. H.J. Heinz Co., 377 F.3d 1369, 1376, 71 USPQ2d 1837, 1843 (Fed. Cir. 2004). The claim is being interpreted that the welding system can include other components.
With regards to claim 1, Hillen et al discloses a welding system (arc welding power source 100, Fig. 1), comprising:
a power supply configured to output power to a welding device (arc welding power supply 200, Fig. 1), wherein the power supply is configured to alternate the power output between an arc phase and a hotwire phase (alternate between current phase 410 and current level below background current level 411, Fig. 4);
the power supply to provide the power output with a first current level in the arc phase to produce an arc between a welding electrode and a workpiece (current phase 410, Fig. 4); and provide the power output with a second current level in the hotwire phase to heat the welding electrode without producing an arc (current level 412 produces no arc in steps B and C, Fig. 4);
wherein the power supply is a single power supply (single arc welding power supply 200, Fig. 1), and wherein the welding electrode is a single welding electrode (single welding electrode 250, Fig. 2).
Hilen et al does not disclose maintain a substantially average current level for both the first current level and the second current level through the arc phase and the hotwire phase.
Toshiharu et al teaches maintain a substantially average current level for both the first current level and the second current level through the arc phase and the hotwire phase (the power actually demanded, due to fluctuations of factors such as the length of the extension Ex, time ratio of arc current and wire heating current Tp/ (Tp + Tb), paragraph 0010, lines 7-10).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hilen et al and Toshiharu et al before him or her, to modify the power supply of Hilen et al to include the averaging of currents of Toshiharu et al because the combination provides enhanced control of a welding supply.
Hilen et al and Toshiharu et al does not teach wherein the power supply is configured to output current to the welding electrode via a first contact point of the welding device during the arc phase and to output power to the welding electrode via a second contact point of the welding device during the hotwire phase.
Togashi et al teaches wherein the power supply is configured to output current to the welding electrode via a first contact point of the welding device during the arc phase (either power sources 17,18 provide arc current to electrodes 2a,2b, Fig. 1) and to output power to the welding electrode via a second contact point of the welding device during the hotwire phase (hot wire power source 21 is provide with a contact to wire 15 to provide hot wire power, Fig. 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hilen et al, Toshiharu et al and Togashi et al before him or her, to modify the power supply of Hilen et al and Toshiharu et al to include the contact points as taught by Togashi et al in order to provide individual contact points for each phase.
With regards to claim 2, Hillen et al discloses wherein the single power supply (arc welding power supply 200, Fig. 1) is configured to output the power at a cycle frequency of each respective cycle (cycle 401 and waveform 402, Fig. 4).
With regards to claim 4, Hillen et al discloses wherein the single power supply (arc welding power supply 200, Fig. 1) is configured to operate at a constant duty cycle of each arc phase relative to the cycle frequency (cycle 401 and waveform 402, Fig. 4).
With regards to claim 8, Hillen et al discloses wherein the single power supply (arc welding power supply 200, Fig. 1) is configured to output the power to the welding electrode in both each arc phase and each hotwire phase (each current level 410 and 412 of each cycle 401, Fig. 4) .
With regards to claims 9 and 10, Toshiharu et al wherein the power supply is configured to provide the first current level with a first voltage level and provide the second current with a second voltage level, the first voltage level being greater than the second voltage level (arc peak current Iap 500Aand arc base current Iab 50A, Table 1).
With regards to claim 12, Hillen et al discloses a welding power supply (arc welding power source 100, Fig. 1), comprising: control circuitry configured to cycle welding power output from the power supply to a welding electrode between an arc phase and a hotwire phase(digital signal processor 230 is configured alternate between current phase 410 and current level below background current level 411, Fig. 4); the control circuitry to condition the welding power with a first current level to produce an arc between the welding electrode and a workpiece in the arc phase (digital signal processor 230 is configured to provide a current phase 410, Fig. 4 ); and wherein the control circuitry conditions the welding power with a second current level to heat the welding electrode without producing an arc in the hotwire phase (digital signal processor is configured to provide a current level 412 produces no arc in steps B and C, Fig. 4); wherein the power supply is a single power supply (single arc welding power supply 200, Fig. 1), and wherein the welding electrode is a single welding electrode (single welding electrode 250, Fig. 2).
Hilen et al does not disclose maintain a substantially average current level for both the first current level and the second current level through the arc phase and the hotwire phase.
Toshiharu et al teaches maintain a substantially average current level for both the first current level and the second current level through the arc phase and the hotwire phase (the power actually demanded, due to fluctuations of factors such as the length of the extension Ex, time ratio of arc current and wire heating current Tp/ (Tp + Tb), paragraph 0010, lines 7-10).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hilen et al and Toshiharu et al before him or her, to modify the power supply of Hilen et al to include the averaging of currents of Toshiharu et al because the combination provides enhanced control of a welding supply.
Hilen et al and Toshiharu et al does not teach wherein the power supply is configured to output current to the welding electrode via a first contact point of the welding device during the arc phase and to output current to the welding electrode via a second contact point of the welding device during the hotwire phase.
Togashi et al teaches wherein the power supply is configured to provide output current to the welding electrode via a first contact point of the welding device during the arc phase (either power sources 17,18 provide arc current to electrodes 2a,2b, Fig. 1) and to output current to the welding electrode via a second contact point of the welding device during the hotwire phase (hot wire power source 21 is provide with a contact to wire 15 to provide hot wire power, Fig. 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hilen et al,Toshiharu et al and Togashi et al before him or her, to modify the power supply of Hilen et al and Toshiharu et al to include the contact points as taught by Togashi et al in order to provide individual contact points for each phase.
With regards to claim 13, Hillen et al discloses wherein the power supply is configured to alternate between providing power in each arc phase and in each hotwire phase at a predetermined frequency (current level 412 below background current level 411, Fig. 4 of each cycle 401 and waveform 402,Fig. 4).
With regards to claim 14, Hilen et al discloses wherein the control circuitry is configured to provide control signals for adjusting a current of the power output (DSP 230 provides control signals which determines the firing angle and timing of inverter 240 to provide power, col 5, lines 23-30).
With regards to claim 15, Hilen et al discloses wherein the control circuitry conditions the power output to alternate between relatively high power in the arc phase and relatively low power in the hotwire phase (DSP 230 controls current between current phase 410 and current level below background current level 411, Fig. 4).
Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hillen et al, Toshiharu et al and Togashi et al as applied to claim 2 above, and further in view of Katooka et al (US 2003/0085254).
With regards to claim 3, Hillen et al, Toshiharu et al and Togashi et al does not teach a cycle frequency within a range of approximately 1.0 to 10 hertz.
Katooka et al teaches a cycle frequency within a range of approximately 1.0 to 10 hertz (driver circuit 54 to provide AC voltage having a frequency of, for example, from ten-odd hertz to 200 Hz, paragraph 0050, lines 1-4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hilen et al,Toshiharu et al, Togashi et al and Katooka et al before him or her, to modify the power supply of Hilen et al,Toshiharu et al and Togashi et al to include the driver circuit as taught by Katooka et al in order to provide an AC voltage having a frequency of, for example from ten-0dd hertz to 200 Hz in order to provide an efficient welding power supply.
Claims 5 and 6 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hillen et al, Toshiharu et al and Togashi et al as applied to claim 1 above, and further in view of Martin (US 4,973,821).
With regards to claim 5, Hillen et al, Toshiharu et al and Togashi et al does teach comprising a welding wire feeder configured to advance the welding electrode toward the workpiece at a first feed rate during each arc phase and at a second feed rate during each hotwire phase.
Martin teaches a welding system (Fig. 1) comprising a welding wire feeder (wire feeder 18, Fig. 1) configured to advance the welding electrode toward the workpiece at a first feed rate during each arc phase and at a second feed rate during each hotwire phase of each respective cycle (a background current applied and welding current where a wire feed rate of wire feeder 18 increases from where a background current is applied to where a welding current is developed, col 6, lines 45-49).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hilen et al,Toshiharu et al, Togashi et al and Martin before him or her, to modify the power supply of Hilen et al,Toshiharu et al and Togashi et al to include the wire feeder as taught by Martin in order to provide an AC voltage having a frequency of, for example from ten-0dd hertz to 200 Hz in order to provide a good weld from startup.
With regards to claim 6, Martin teaches wherein the power supply is configured to provide signals to a welding feeder to adjust a wire feed speed to maintain the power output in each hotwire phase (the control unit includes a control signal line 12 connected to both the power supply 14 and wire feeder 18 which would be fully capable of providing a signal to adjust wire feed speed when a background current is applied, Fig. 1).
Claim 7 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hilen et al,Toshiharu et al and Togashi et al as applied to claim 1 above, in view of Huismann et al (US 7,351,933).
With regards to claim 7, Hilen et al,Toshiharu et al and Togashi et al does not teach the welding device is configured to move the welding electrode away from the workpiece during a transition from the hotwire phase to arc phase.
Huismann et al teaches an apparatus for controlling a welding system requires the capability of advancing and retracting the wire to start an arc state (abstract lines 4-5) and advance to wire for a short circuit. The process of retracting the wire to start an arc state can be adapted and used with Martin to provide better controllability between weld states and hot wire phases.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hilen et al,Toshiharu et al, Togashi et al and Huismann et al before him or her, to modify the electrode of Hilen et al,Toshiharu et al and Togashi et al to include the moving electrode as taught by Huismann et al in order to provide a process to provide better controllability between weld states and hot wire phases.
Claims 16,19 and 20-24 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hillen et al (US 8,952,291) in view of Togashi et al (JP2012130934A).
With regards to claim 16, Hillen et al discloses a welding system (arc welding power source 100, Fig. 1), comprising a welding torch configured to direct a welding electrode toward a workpiece (torch or gun, col 3, lines 59-54);
a welding torch configured to direct a welding electrode through an outlet of the welding torch toward a workpiece (arc welding output path 130 to drive an arc welding device (torch) which would be a welding electrode 250 towards welding workpiece 260, Fig. 2, col 3, lines 59-61);
a power supply (arc welding power supply 200, Fig. 1) configured to provide power to the welding torch in an arc phase and in a hotwire phase, alternating between the arc phase and the hotwire phase; wherein a current heats the welding electrode without producing an arc between the welding electrode and the workpiece in the hotwire phase (alternate between current phase 410 and current level below background current level 411, Fig. 4);
generate the power, including current, according to one or more arc phase welding parameters, generate power according to one or more hotwire phase welding parameters, wherein at least one of the one or arc phase welding parameters differ from at least one of the one or more hotwire phase welding parameters (alternate between current phase 410 and current level below background current level 411 wherein each of the levels are different from each other, Fig. 4); wherein the power supply is a single power supply (single arc welding power supply 200, Fig. 1), and wherein the welding electrode is a single welding electrode (single welding electrode 250, Fig. 2).
Hilen et al does not disclose the welding torch comprises a first contact point configured to contact the welding electrode during at least an arc phase of a welding operation and a second contact point configured to contact the welding electrode during at least a hot wire phase of the welding operation; the first contact point is located a first distance from the outlet; and the second contact point is located a second distance from the outlet greater than or less than the first distance;
wherein the power supply is configured to provide output power to the welding electrode via a first contact point of the welding device during the arc phase and to output power to the welding electrode via a second contact point of the welding device during the hotwire phase.
Togashi et al teaches the welding torch (Fig. 1) comprises a first contact point configured to contact the welding electrode during at least an arc phase of a welding operation (welding power source 17 and 18 contact the welding torch at a contact point, Fig. 1) and a second contact point configured to contact the welding electrode during at least a hot wire phase of the welding operation (hot wire power source 21 contacts wire 15 at a point, Fig. 1); the first contact point is located a first distance from the outlet (contact points of welding power source 17 and 18 are a distance from the bottom of central hole 5, Fig. 1); and the second contact point is located a second distance from the outlet greater than the first distance (contact point of hot wire power source 21 is located at a greater distance from the bottom of central hole 5 than the distance of contact points of welding power source 17 and 18, Fig. 1);
wherein the power supply is configured to provide output power to the welding electrode via a first contact point of the welding device during the arc phase (either power sources 17,18 provide arc current to electrodes 2a,2b, Fig. 1) and to output power to the welding electrode via a second contact point of the welding device during the hotwire phase (hot wire power source 21 is provide with a contact to wire 15 to provide hot wire power, Fig. 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hilen et al and Togashi et al before him or her, to modify the power supply of Hilen et al to include the contact points as taught by Togashi et al in order to provide individual contact points for each phase.
With regards to claim 19, Hilen et al discloses wherein the power supply is configured to adjust a welding parameter based on sensor feedback to maintain the power in the hotwire phase for a predetermined amount of time (the arc welding feedback information may be generated by voltage, current, and speed feedback sensors or devices 160 that monitor the arc welding output and wire feed speed and which may be fed back to the arc welding power supply 200 via a feedback path 165, col 4, lines 26-32).
With regards to claim 20, Hilen et al discloses wherein the power supply is configured to alternate between providing power in the arc phase and in the hotwire phase at a predetermined frequency (alternate between current phase 410 and current level below background current level 411, Fig. 4).
With regards to claim 21, Hilen et al and Togashi et al does not teach wherein the first distance is greater than the second distance. It would have been an obvious matter of design choice to use the distance between contact points as taught by Hilen et al and Togashi et al, since the applicant has not disclosed wherein the first distance is greater than the second distancce solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with the distance between contact points as taught by Hilen et al and Togashi et al.
With regards to claim 22, Togashi et al teaches wherein the power supply outputs the power to a weld circuit comprising the welding electrode (each of the power source 17,18 and 21 are connected to circuitry that contacts the electrode bases 11, and 12, Fig. 1); during the hot wire phase, the weld circuit comprises the second contact point (hot wire power source 21 is connected to circuitry that connects to wire 15, Fig. 1); and during the arc phase, the weld circuit comprises the first contact point and does not comprise the second contact point (welding power source 17 and 18 are connected to circuitry that contacts electrode bases 11 and 12 and does not include the hot wire power source 21, Fig. 1).
With regards to claim 23, Togashi et al teaches wherein, during the hot wire phase, the weld circuit further comprises the first contact point (during operation of hot wire power source 21, there is a single circuit that contacts the wire 15, Fig. 1).
With regards to claim 24, Togashi et al teaches wherein the power supply comprises an arc power supply configured to generate the power during the arc phase and a hotwire power supply configured to at least partially generate the power during the hotwire phase (power supply includes a welding power source 17 and 18 and hot wire power source 21 wherein the hot wire power source 21 contacts a wire 15 before it contacts the circuitry of welding power source 17 and 18, Fig. 1).
Response to Arguments
Applicant's arguments filed 11/19/2025 have been fully considered but they are not persuasive.
Applicants argument: Applicant argues the prior art does not disclose or teach the all the limitations of claims 1,12 and 16.
Examiners response: Applicant has amended claims 1,12 and 16 to include the limitation “wherein the power supply is a single power supply, and wherein the welding electrode is a single welding electrode”. Hillen et al discloses a welding system (arc welding power source 100, Fig. 1), comprising wherein the power supply is a single power supply (single arc welding power supply 200, Fig. 1), and wherein the welding electrode is a single welding electrode (single welding electrode 250, Fig. 2).
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS JOHN WARD whose telephone number is (571)270-1786. The examiner can normally be reached on Monday - Friday, 7am - 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEVEN CRABB can be reached on 5712705095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS J WARD/Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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