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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10-11, 14-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Peters et al. (US 2013/020289A1).
Peters discloses in reference to claim:
10. (New) A method for welding using a wire-shaped filler and at least one laser beam, which are directed at a surface of at least one workpiece (115) to be processed (Par. [0018], [0022]), comprising:
a wire-shaped filler (140) being advanced in the direction of the surface of the workpiece (115) by an accordingly designed wire feed mechanism (150) (Par. [0019]), and wire-shaped filler being successively fused during the feed movement thereof in the area that is arranged directly above the particular surface (Par. [0023]), using the energy of the at least one laser beam (110), the wire-shaped filler and the material being connected to an electrical voltage source and forming an electrical circuit (Par. [0020], Fig. 1), the electrical voltage, the electrical current and/or the electrical resistance in the electrical circuit being measured (controller 195) and used as controlled variables (controller 180) for the wire feed movement and/or the power of the at least one laser beam, and the power with which the at least one laser beam is operated being reduced, or the at least one laser beam being switched off or not switched on, or the start, the stop or the abortion of the welding process being initiated, when a predefined threshold value of the electrical voltage and/or of the electrical current are fallen short of or a predefined threshold value of the electrical resistance is exceeded. (Par. [0024])
Peters discloses a controller, such as for example, a second parallel state based controller, as a part of or separate from control subsystem 195, may be provided to regulate functions of the laser power supply 130 which may include, for example, output of current, voltage or power in real time individually or for synchronized operation with the hot wire power supply 170.
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Note regarding Applicant’s argument that Peters fails to disclose using heat from the laser beam to melt the wire, Peters discloses:
[0023] For welding applications, the laser beam 110 is sufficiently intense in its energy to melt some of the base metal of the workpiece 115 and/or melt the wire 140 onto the workpiece 115. For the embodiments of the subject method described herein, the laser beam 110 maintains the molten puddle in coordination with the conditions of the filler wire 140. The power supply 170 is configured to provide a large portion of the energy needed to resistance-melt the filler wire 140 for carrying out the hot wire process. Moreover however, as described herein with respect to the particular embodiments, the power supply 170 and the feeder subsystem are controlled and operated to initiate the hot wire process and more particularly initiate formation of the molten puddle in the workpiece 115. In addition, the power supply 170 and the feeder subsystem are configured to terminate the hotwire process to provide for separation of the wire from the molten puddle.
11. (New) The method according to claim 10, wherein the at least one laser beam is switched off or not switched on when no electrical current flows in the electrical circuit or the electrical resistance has reached a value in the range of 10 0 to 1000 0.
Peters discloses the appropriate sensing voltage may define a threshold voltage above which there is an arc between the wire 140 and the workpiece 115 and below which the current may be reduced or cut off to get back to a "hot wire" condition or level.
12. (New) The method according to claim 10, wherein the first derivative of at least one of the control variables is determined in an electronic evaluation unit and, when the absolute value of the first derivative of the particular control variable exceeds a predefined threshold value, the power with which the at least one laser beam is operated is reduced or the at least one laser beam is switched off.
13. (New) The method according to claim 10, wherein a first derivative of at least one of the control variables is determined in an electronic evaluation unit and, when the absolute value of the first derivative of the particular control variable exceeds a predefined threshold value, the wire feed is controlled.
14. (New) The method according to claim 10, wherein the electrical voltage source is operated with a maximum electrical voltage of 48 V.
Peters discloses For example, the sensing and current controller 195 may command the hot wire power supply 170 to establish a sensing voltage, such as for example, an open circuit sensing voltage in the range of 24 to 70 volts. However, in other exemplary embodiments, a smaller sensing voltage can be used. For example, the sensing voltage can be in the range of 3 to 15 volts. In another exemplary embodiment, the sensing voltage is in the range of 5 to 15 volts and in yet another embodiment, 5 to 8 volts.
15. (New) The method according to claim 10, wherein after the power with which the at least one laser beam is being operated has been reduced, or after the at least one laser beam has been switched off when carrying out a feed movement of the wire-shaped filler, either the power of the at least one laser beam is increased back to the normal operating power or the at least one laser beam is switched back on. Peters teaches the iterative switching on/off of the laser beam.
16. (New) The method according to claim 10, wherein when a threshold value of the particular control variable(s) is fallen short or exceeded, the power with which the at least one laser beam is operated is reduced such that no fusion of wire-shaped filler occurs.
Accordingly, the appropriate sensing voltage may define a threshold voltage above which there is an arc between the wire 140 and the workpiece 115 and below which the current may be reduced or cut off to get back to a "hot wire" condition or level.
17. (New) The method according to claim 10, wherein the power with which the at least one laser beam is operated or the at least one laser beam is reduced or switched off within no more than 100 ms.
In some embodiments, the duration of time between the detection of an arc and the re-advancement is in the range of 50 to 500 milliseconds.
18. (New) The method according to claim 10, wherein after the power with which the at least one laser beam is being operated has been reduced, or after the at least one laser beam has been shut off, and a value of the particular control variable(s) which is above or below the particular threshold value has been reached, the power of the at least one laser beam is increased up to the normal operating power thereof, or the at least one laser beam is switched back on.
. Peters teaches the iterative switching on/off of the laser beam.
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.
The factual inquiries 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.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peters et al. (US 2013/0020289A1).
Peters also discloses the iterative nature of the welding process (par. [0043], [0055], [0057]), 5 (par. [0032]), 6+9 (it is clear to the person skilled in the art that the method of e.g. Fig. 4-6 is continuously repeated, par. [0047]) and 7 (par. [0050]: switching off the laser also means a reduction of the laser power, so that no further melting of the wire takes place thereafter. The additional features of claims 12-13 (par. [0043], [0048] and [0021]: Accordingly, the exemplary sensing and current control subsystem 195 may further be capable of calculating a resistance value (R=V/I) and/or a power value (P=V"I) from the measured voltage and current, along with integrals and derivatives of voltage, current and power.") is obvious to the skilled person and not inventive.
Response to Arguments
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive.
Applicant argues that independent claim 10 requires that the fed wire-shaped filler material is successively melted by the energy of at least one laser beam during the feed movement in the region immediately above the surface. It is noted that the claims do not present such a limitation. Specifically claim 10 requires the “wire-shaped filler being successively fused during the feed movement thereof in the area that is arranged directly above the particular surface, using the energy of the at least one laser beam”. The claim does not require that exclusively that the wire filler is successively melted by the energy of at least one laser beam. Note regarding Applicant’s argument that Peters fails to disclose using heat from the laser beam to melt the wire, Peters discloses:
[0023] For welding applications, the laser beam 110 is sufficiently intense in its energy to melt some of the base metal of the workpiece 115 and/or melt the wire 140 onto the workpiece 115.
In addition, Applicant argues Peters does not teach the measurement of electrical variables to control the laser, as required in independent claim 10, but rather to control feed rate or heating current-However, Peters explicitly states A controller, such as for example, a second parallel state based controller, as a part of or separate from control subsystem 195, may be provided to regulate functions of the laser power supply 130 which may include, for example, output of current, voltage or power in real time individually or for synchronized operation with the hot wire power supply 170.
THIS ACTION IS MADE FINAL. 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 THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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