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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the workpiece that is arranged above the device in claim 26 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites for an additional working gas, but it is unclear if this additional working gas is applied in addition to the working gas in the working gas area recited in claim 14, or that the additional working gas is supplied separate from the working gas in the working gas area.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 14-18, 21, 23-25, 28 and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liefkens et al (US 3,612,807).
With respect to claim 14, Liefkens discloses the method claimed including a device (1) that comprises a rod-shaped electrode (shown by a tubular electrode 1), the electrode having at least one material feed channel extending in an interior of the electrode (tube) for feeding a wire-shaped material (3) into an arc (14) wherein the device comprises a nozzle (5) surrounding the electrode (1) and a working gas area (where working gas is supplied), forming the arc (13) between the electrode (1) and a workpiece (12), flooding the working gas area with a working gas (e.g., argon gas) to constrict the arc in the direction of the workpiece thereby forming the constricted arc (14), feeding the wire-shaped material into the constricted arc, and moving the device across the workpiece. Also, see column 3, lines 49-60.
With respect to claim 15, Liefkens discloses that a distance between the center line of the electrode (1) and the nozzle (5) is 5 mm (column 4, lines 10-19) wherein as an opening or aperture diameter of the nozzle has a diameter of 7 mm, the distance between the nozzle and the electrode is not larger than 1 cm as the diameter of the electrode is shown substantially same as that of the aperture of the nozzle.
With respect to claim 16, Liefkens discloses an atmosphere protection casing (10) surrounding the nozzle (5) wherein a further working gas area is formed by the casing which is flooded with another working gas (via a supply duct 11).
With respect to claim 17, Liefkens discloses the method for joint welding (e.g., joining steel plates; column5, lines 59-60).
With respect to claim 18, Liefkens discloses for supplying an additional working gas (via the supply duct 11) including argon (shown by A but should have been listed as Ar) helium (He) and carbon dioxide (CO2), or that the working gas (via the supply duct 9) including argon or helium. Also, see column 3, lines 1-14.
With respect to claim 21, Liefkens discloses the nozzle (5) having internal channels (6) for receiving cooling fluid. Also, see column 3, lines 53-55).
With respect to claim 23, Liefkens discloses for setting or adjusting the arc power (e.g., 29 V) and the gas flow (e.g., 35 l/min) to provide a precise or the desired application speed (e.g., 78 g/min) of the wire-shaped material to the workpiece. Also, see column 5, line 59 to column 6, line 16).
With respect to claim 24, Liefkens discloses for the wire-shaped material that is melted off in the arc. Also, see column 1, lines 36-46.
With respect to claim 25, Liefkens discloses for the electrode that ends in a feed direction of the wire-shaped material in front of the material feed channel or at a same point as the material feed channel. Also, see Figure 1.
With respect to claim 28, Liefkens discloses the method claimed including a device (1) that comprises a rod-shaped electrode (shown by a tubular electrode 1), the electrode having at least one material feed channel extending in an interior of the electrode (tube) for feeding a wire-shaped material (3) into an arc (14) wherein the device comprises a nozzle (5) surrounding the electrode (1) and a working gas area (where working gas is supplied), forming the arc (13) between the electrode (1) and a workpiece (12) wherein an end of the nozzle facing the workpiece has a smaller distance from the workpiece than an end of the electrode such that arc is directed through an opening of the nozzle (as illustrated in Figure 1), flooding the working gas area with a working gas (e.g., argon gas) to constrict the arc in the direction of the workpiece thereby forming the constricted arc (14), feeding the wire-shaped material into the constricted arc, and moving the device across the workpiece. Also, see column 3, lines 49-60.
With respect to claim 29, Liefkens discloses the method claimed including a device (1) that comprises a rod-shaped electrode (shown by a tubular electrode 1), the electrode having at least one material feed channel extending in an interior of the electrode (tube) for feeding a wire-shaped material (3) into an arc (14) wherein the device comprises a nozzle (5) surrounding the electrode (1) and a working gas area (where working gas is supplied), forming the arc (13) between the electrode (1) and a workpiece (12), flooding the working gas area with a working gas (e.g., argon gas) to constrict the arc in the direction of the workpiece thereby forming the constricted arc (14), feeding the wire-shaped material into the constricted arc, and moving the device across the workpiece. Also, see column 3, lines 49-60.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 19, 20 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liefkens et al (US 3,612,807) in view of Yamasaki et al (US 2020/0391316).
Liefkens discloses the method claimed except for controlling a distance between the electrode and the workpiece as claimed.
Yamasaki discloses it is known to provide a welding torch (17) with a mechanical guide (shown by a robot 19) that allows the welding torch to change a distance between the torch and a workpiece (41)..
In view of Yamasaki, it would have been obvious to one of ordinary skill in the art toa adapt Liefkens with a mechanical guide to control or adjust a distance between the electrode and the workpiece so that multiple material build-ups or layers can be deposited on the workpiece to predictably form a desired weld shape.
With respect to claim 20, Yamasaki further discloses forming a plurality of material layers (25) overlying each other as illustrated in Figure 2A,
With respect to claim, 26, Yamasaki discloses that the workpiece (41) can be arranged above the device (i.e., welding torch 17) as illustrated in Figure 3A which would allow the device to form the desired weld layers not only in the horizontal direction but also in vertical direction that allows for more flexible welding operations as desired.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liefkens et al (US 3,612,807).
Liefkens discloses the method claimed except explicitly disclosing that an opening diameter of the electrode is 1 cam at most.
Liefkens, however, discloses an opening or aperture diameter of the nozzle having a diameter of 7 mm which is aligned with an opening of the electrode which is illustrated to have similar diameter as that of the aperture diameter of the nozzle, and while Liefkens does not explicitly disclose for the opening diameter of the electrode, and it would have been obvious to provide the opening of the electrode to be 1 cm at most that is commensurate with the opening/aperture of the nozzle so that the wire-shaped material can be predictably supplied in a uniform straight direction through both the opening of the electrode and the nozzle without being deviated from the opening..
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liefkens et al (US 3,612,807) in view of Hamasaki et al (US 3,967,090).
Liefkens discloses the method claimed except for the electrode that is tapered at an end of the electrode facing the workpiece.
Hamasaki discloses it is known to provide an electrode having a tapered end through which a wire-shaped material (2) is passed therethrough (see Figure 4).
In view of Hamasaki, it would have been obvious to one of ordinary skill in the art to adapt Liefkens with the electrode having a tapered end which allows the working gas surrounding the electrode to predictably flow in more effective manner having a more converging stream of gas flow having a more increased flow speed that passes through the nozzle.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Manz (US 4,048,465) and Brabander (US 2004/0188406) disclose for the device having an electrode with a material feed channel.
Aoki et al (US 2013/0299475) discloses for a mechanical guide that can adjust the position of the electrode with regard to a workpiece in a vertical distance direction.
Browning (US 4,626,648) discloses for using either powder or wire feeds for arc-plasma operation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761
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