Prosecution Insights
Last updated: April 19, 2026
Application No. 18/036,231

CONTROL DEVICE, ELECTRODE POLISHING METHOD, AND ELECTRODE POLISHING SYSTEM

Non-Final OA §103
Filed
May 10, 2023
Examiner
MILLS JR., JOE E
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Fanuc Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
89%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
290 granted / 399 resolved
+2.7% vs TC avg
Strong +16% interview lift
Without
With
+16.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
57 currently pending
Career history
456
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
44.5%
+4.5% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 399 resolved cases

Office Action

§103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on 05/10/2023, 02/19/2024, and 01/16/2025 were filed. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoki et al (US 2018/0178311) in view of Ternovsky et al (US 2020/0246907). Regarding claim 1, Aoki discloses a controller (Fig. 3 #15 control device) for controlling at least one of a first drive source (Fig. 3 #62 welding gun operation control unit) for applying pressure to an electrode, a second drive source (Fig. 3 #72 dresser operation control unit) for driving a polishing tool for polishing the electrode, and a third drive source (Fig. 3 #16 robot control section) for changing at least one of a position and orientation of one of the electrode and the polishing tool with respect to the other, wherein the controller (Fig. 3 #15 control device) has an operating command generation unit for changing an operating command of the first drive source or at least one of the third drive source and the second drive source (Fig. 3 #54 robot drive circuit , #63 electrode drive circuit, and #73 blade drive circuit). However, Aoki does not explicitly disclose wherein the controller has an operating command generation unit for changing an operating command of the first drive source or at least one of the third drive source and the second drive source to be peak-shaped and valley-shaped in the course of at least one cycle of operation of the polishing tool. Nonetheless, Ternovsky teaches a peak-shaped and valley-shaped electrode (Shown in the figure below). PNG media_image1.png 696 604 media_image1.png Greyscale 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 controller and polishing tool of Aoki by incorporating the peak-shaped and valley-shaped electrode configuration as taught by Ternovsky for the benefit of providing a welding electrode that reliably and consistently provides welding operations. (Ternovsky [0008]) Regarding claim 2, Aoki in view of Ternovsky teaches the controller as appears above (see the rejection of claim 1), and Aoki teaches wherein the controller changes the operating command in small increments in the course of at least one cycle of operation of the polishing tool (Shown in the figure below). PNG media_image2.png 632 460 media_image2.png Greyscale Regarding claim 3, Aoki in view of Ternovsky teaches the controller as appears above (see the rejection of claim 1), and Aoki teaches wherein the controller changes the operating command periodically or at random (Shown in the figure below). PNG media_image2.png 632 460 media_image2.png Greyscale Regarding claim 4, Aoki in view of Ternovsky teaches the controller as appears above (see the rejection of claim 1), and Aoki in view of Ternovsky teaches wherein a surface of the electrode is formed with ridges or grooves extending radially from a center of the electrode ("[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). Examiner considers the electrode to be the workpiece.). Regarding claim 5, Aoki in view of Ternovsky teaches the controller as appears above (see the rejection of claim 1), and Aoki in view of Ternovsky teaches wherein a surface of the electrode is formed with ridges or grooves extending curved radially from a center of the electrode ("[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). Examiner considers the electrode to be the workpiece.). Regarding claim 6, Aoki in view of Ternovsky teaches the controller as appears above (see the rejection of claim 1), and Aoki teaches wherein the operating command includes one of a current, speed, and position ([0043] lines 1-4 ---" The dresser operation control unit 72 controls the rotation speed of the blade driving motor 43 on the basis of the operation program and a status when the electrode is polished.”). Regarding claim 7, Aoki discloses an electrode polishing method controlling at least one of a first drive source (Fig. 3 #62 welding gun operation control unit) for applying pressure to an electrode, a second drive source (Fig. 3 #72 dresser operation control unit) for driving a polishing tool for polishing the electrode, and a third drive source (Fig. 3 #16 robot control section) for changing at least one of a position and orientation of one of the electrode and the polishing tool with respect to the other so as to polish the electrode, wherein the electrode polishing method comprises a step of making an operating command of the first drive source or at least one of the third drive source and the second drive source ([0043] lines 1-4 ---" The dresser operation control unit 72 controls the rotation speed of the blade driving motor 43 on the basis of the operation program and a status when the electrode is polished.”) However, Aoki does not disclose an electrode to be peak-shaped and valley-shaped in the course of at least one cycle of operation of the polishing tool. Nonetheless, Ternovsky teaches a peak-shaped and valley-shaped electrode (Shown in the figure below). PNG media_image1.png 696 604 media_image1.png Greyscale 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 method of Aoki by incorporating the peak-shaped and valley-shaped electrode configuration as taught by Ternovsky for the benefit of providing a welding electrode that reliably and consistently provides welding operations. (Ternovsky [0008]) Regarding claim 8, Aoki discloses an electrode polishing system comprising: a resistance welding machine (Fig. 1 #10 spot welding system) having a first drive source (Fig. 3 #62 welding gun operation control unit) for applying pressure to an electrode; an electrode polishing apparatus (Fig. 2 #40 tip dresser) having a second drive source (Fig. 3 #72 dresser operation control unit) for driving a polishing tool for polishing the electrode; a third drive source (Fig. 3 #16 robot control section) for changing at least one of a position and orientation of one of the electrode and the polishing tool with respect to the other; and a controller (Fig. 3 #15 control device) for controlling at least one of the first drive source, the second drive source, and the third drive source, wherein the controller (Fig. 3 #15 control device) changes an operating command of the first drive source or at least one of the third drive source and the second drive source ([0043] lines 1-4 ---" The dresser operation control unit 72 controls the rotation speed of the blade driving motor 43 on the basis of the operation program and a status when the electrode is polished.”). However, Aoki does not disclose an electrode to be peak-shaped and valley-shaped in the course of at least one cycle of operation of the polishing tool. Nonetheless, Ternovsky teaches a peak-shaped and valley-shaped electrode (Shown in the figure below). PNG media_image1.png 696 604 media_image1.png Greyscale 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 method of Aoki by incorporating the peak-shaped and valley-shaped electrode configuration as taught by Ternovsky for the benefit of providing a welding electrode that reliably and consistently provides welding operations. (Ternovsky [0008]) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOE E MILLS JR./Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

May 10, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
89%
With Interview (+16.1%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 399 resolved cases by this examiner. Grant probability derived from career allow rate.

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