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 .
Claim Rejections - 35 USC § 102
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Becker et al (US 2015/0379894).
Becker discloses, regarding claim 1, A portable welding machine (any of the devices in Becker are capable of being moved to a different location), comprising: one or more sensors for monitoring a welding process (sensors monitor the welding process, See Paragraph [0158]), a display device configured to display a two- dimensional graphical display (display devices 62, 32, 34 are two dimensional display’s for displaying welding data, See Paragraph [0083]), and a control device which is configured so as to monitor the welding process, wherein data describing the welding process is captured with the one or more sensors (control circuitry 52 controls the welding process and welding data. See Paragraph [0183]), wherein the control device is configured so as to summarize the captured data into a data set, convert the data set into a machine-readable data set images and display the data set image on the display device (Fig 20 shows the data summarized into a data set in a machine-readable data set image. The image, it is an image as it is an image on the display, contains text and parameter indicators 339. The text is readable via OCR) The claim does not specify the specific image structure of the machine reading the data. As this is not specified, the data set an image only needs to be capable of being read by a machine in some manner. Applicant’s device, in subsequent claims is specific to a QR code, however, this is not claimed in the independent claim. Applicant claims, broad functional limitations. Limitations from the specification are not to be read into the claims. The only limitations to welding are in the functional limitations. There is no structure making the device specific to welding.
Regarding claim 2, Becker discloses displaying a plurality of images as elements 328, 330, 332, 334, 336, 337 and 338 could all be considered separate images. Element 339 is also displayed multiple times, once for each parameter. The images are displayed simultaneously. Regarding claim 3, the images are in a predetermined order as they are not random. Regarding claim 4, the data set images are capable of being read by OCR and would meet the limitations of the claim. Regarding claim 5, the sensor is a temperature sensor, position sensor or voltage sensor. (See Paragraph [0158])
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.
Claim(s) 2-3, 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker et al (US 2015/0379894) in view of Carbonini (US 2015/0286895).
The teachings of Becker have been discussed above. As mentioned, the no structure of the claimed device is specific to welding. The claims are concerned with data. Data is not a functional limitation. Claiming the data is related to welding is arbitrary unless there is a specific claim made toward the structure or function of the welding device. The functional language is directed toward monitoring a process and configuring captured data. Nevertheless, the welding data being related to a welding process, monitored, captured, summarized and converted is taught by Becker. Claims 2 and 3 are directed toward how the data is processed. Data processing is performed over a wide range of areas. Data is data and control devices do not care if the data is welding data or any other data, it will still be processed. Claims 2 and 3 do not contain any limitations related to welding which are not covered by Becker in claim 1.
Becker may fail to disclose, the control device is configured so as to convert the data set into a plurality of data set images, into which the data of the data set is distributed, and which are displayed simultaneously or sequentially on the display device, an allocation code is respectively generated for the plurality of data set images and displayed simultaneously with the respective data set image on the display device, such that the plurality of data set images can be allocated to one another in a predetermined order.
Carbonini is concerned with how data is handled. Sensors and controller monitoring data, converting the data and creating an image representing the data and is displayed. Carbonini discloses, regarding claim 2, the control device is configured to convert the data set into a plurality of data set images, over which the data of the data set are distributed and which are displayed simultaneously and/or sequentially on the display device (see paragraph [0109], "prepares and codes the data string as a... plurality of QR codes" and paragraph [0108], "displays... QR codes in sequence on display"). Regarding claim 3: that an assignment code is generated for each of the plurality of data set images, which is displayed simultaneously with the respective data set image on the display device, so that the plurality of data set images can be assigned to one another in a predetermined order (see paragraph [0082], "an acquisition algorithm can reconstruct even very long data strings by queuing the data represented by the sequentially interpreted sub-codes of the QR code"; in Carbonini, this necessarily requires an assignment code of some kind, since otherwise reconstruction of the data distributed across multiple QR codes would not be possible).
It would have been obvious to a person having ordinary skill in the art, at the time of the invention, to adapt Becker in view of Carbonini to provide the control device is configured so as to convert the data set into a plurality of data set images, into which the data of the data set is distributed, and which are displayed simultaneously or sequentially on the display device, an allocation code is respectively generated for the plurality of data set images and displayed simultaneously with the respective data set image on the display device, such that the plurality of data set images can be allocated to one another in a predetermined order.
Becker fails to discloses, regarding claim 6, a mobile terminal comprising a camera, wherein the mobile terminal is configured so as to capture one or more data set images displayed on the display device of the welding machine of claim 1, and wherein the mobile terminal comprises an interface to a data network, and wherein the mobile terminal is configured such that the data set images or data contained in the data set images can be transmitted via a data network to a server; regarding claim 7, wherein the mobile terminal is configured such that a plurality of data set images containing data from a common data set is stored on the mobile terminal while being allocated to one another or transmitted via the data network or data of a data set is extracted on the mobile terminal from one or more data set images and at least one of stored on the mobile terminal or transmitted via the data network; regarding claim 8, the mobile terminal is configured so to automatically capture a sequence of data set images, or the mobile terminal is configured so as to automatically allocate multiple data set images to a data set.
Carbonini discloses, regarding claim 6, a mobile terminal (see paragraph [0037], "Device 50 may be ... a smartphone") comprising a camera (see paragraph [0051], "camera of a smartphone"), wherein the mobile terminal is configured to capture one or more data set images displayed on a display device (see claim 5, "smartphone type configured for... decoding the... QR code ... displayed on the display"), and the mobile terminal has an interface to a data network, and the mobile terminal is configured such that the data set images and/or data contained in the data set images can be transmitted to a server via a data network (see claim 7, "decoding and reconstructing the set of usage parameters by means of said device...transmitting to a server...said set of parameters by means of said device") , capturing a sequence of data set images and extracting data from multiple data set images by the mobile terminal (see paragraph [0080]-[0084], "an acquisition algorithm can reconstruct even very long data strings by queuing the data represented by the sequentially interpreted sub-codes of the QR code").
It would have been obvious to a person having ordinary skill in the art at the time of the invention to adapt Becker in view of Carbonini to provide the camera, mobile terminal, interface to a data network and server as well as the plurality of images in a sequence for storing and analyzing the data at a later time.
Becker fails to disclose, regarding claim 9, the portable welding machine according to claim 1; a mobile terminal, comprising a camera, wherein the mobile terminal is configured so as to capture one or more data set images displayed on a display device, and wherein the mobile terminal comprises an interface to a data network, and wherein the mobile terminal is configured such that the data set images or data contained in the data set images can be transmitted via a data network to a server; and the server, wherein the mobile terminal can be connected to the server via a data network in order to transmit the data set images or data contained in the data set images to the server.
Carbonini discloses, regarding claim 9, a mobile terminal (see paragraph [0037], "Device 50 may be ... a smartphone") comprising a camera (see paragraph [0051], "camera of a smartphone"), wherein the mobile terminal is configured to capture one or more data set images displayed on a display device (see claim 5, "smartphone type configured for... decoding the... QR code ... displayed on the display"), and the mobile terminal has an interface to a data network, and the mobile terminal is configured such that the data set images and/or data contained in the data set images can be transmitted to a server via a data network (see claim 7, "decoding and reconstructing the set of usage parameters by means of said device...transmitting to a server...said set of parameters by means of said device").
It would have been obvious to a person having ordinary skill in the art at the time of the invention to adapt Becker in view of Carbonini to provide the camera, mobile terminal, interface to a data network and server as well as the plurality of images in a sequence for storing and analyzing the data at a later time.
Regarding claims 10, Becker discloses a portable welding machine (any of the devices in Becker are capable of being moved to a different location), comprising: one or more sensors for monitoring a welding process (sensors monitor the welding process, See Paragraph [0158]), a display device configured to display a two- dimensional graphical display (display devices 62, 32, 34 are two dimensional display’s for displaying welding data, See Paragraph [0083]), and a control device which is configured so as to monitor the welding process, wherein data describing the welding process is captured with the one or more sensors (control circuitry 52 controls the welding process and welding data. See Paragraph [0183]), wherein the control device is configured so as to summarize the captured data into a data set, convert the data set into a machine-readable data set images and display the data set image on the display device (Fig 20 shows the data summarized into a data set in a machine-readable data set image. The image, it is an image as it is an image on the display, contains text and parameter indicators 339. The text is readable via OCR. The sensors monitor the welding process. The display device displays a two dimensional image and the data describing the welding process is captured, summarized and an image is displayed. See Paragraphs [0083], [0153], [)
The claim does not specify the specific image structure of the machine reading the data. As this is not specified, the data set an image only needs to be capable of being read by a machine in some manner. Applicant’s device, in subsequent claims is specific to a QR code, however, this is not claimed in the independent claim. Applicant claims, broad functional limitations. Limitations from the specification are not to be read into the claims. The only limitations to welding are in the functional limitations. There is no structure making the device specific to welding.
Regarding claim 10-12, Carbonini discloses, a mobile terminal (see paragraph [0037], "Device 50 may be ... a smartphone") comprising a camera (see paragraph [0051], "camera of a smartphone"), wherein the mobile terminal is configured to capture one or more data set images displayed on a display device (see claim 5, "smartphone type configured for... decoding the... QR code ... displayed on the display"), and the mobile terminal has an interface to a data network, and the mobile terminal is configured such that the data set images and/or data contained in the data set images can be transmitted to a server via a data network (see claim 7, "decoding and reconstructing the set of usage parameters by means of said device...transmitting to a server...said set of parameters by means of said device").
It would have been obvious to a person having ordinary skill in the art at the time of the invention to adapt Becker in view of Carbonini to provide the camera, mobile terminal, interface to a data network and server as well as the plurality of QR code images in a sequence for storing and analyzing the data at a later time.
Response to Arguments
Applicant’s arguments with respect to claim(s) 10/20/2025 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.
Becker is used to show the new limitations.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 1/5/2026