CTNF 18/287,348 CTNF 94696 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections Regarding claims 14 and 15 , these claims are objected to because of the following informalities: these claims each recite “…wherein the arc welding uses a solid wire as a welding wire , and the arc welding is performed in reverse polarity” and the term “ a solid wire as a welding wire ” should be “ a solid wire as *the*welding wire ” to reference the “welding wire” recited in claims 4 and 9 from which these claims are dependent from, respectively. Appropriate correction is required. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 1 – 3, 5 – 6, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawnishi et al. (WO 2018/159404 A1), hereinafter “Sawanishi”, in view of Izutani et al. (US 2015/0027995 A1) and hereinafter “Izutani” . Regarding claim 1 , Sawanishi discloses an arc welded joint having a weld formed by arc welding of an overlap of at least two steel sheets (A lap fillet arc welded joint formed by arc welding two steel plates (11, 12) that are overlapped, (0018 and see FIG.1)), a Vickers hardness of a weld metal and a Vickers hardness of softened portions of a weld heat affected zone in the weld satisfy the following relationships: H max ≤ 550, and H min ≥ 1.07 x H HAZ wherein H max is a maximum value of the Vickers hardness of the weld metal, H min is a minimum value of the Vickers hardness of the weld metal, and H HAZ is an average value of the Vickers hardness of the softened portions of the weld heat affected zone (the maximum Vickers hardness Value HU of the weld and the minimum Vickers hardness value HL of the weld in the Vickers hardness measurement range is measured and HU may be 450 or higher and HU – HL ≤ 200, (0026 and 0028 – 0030)), implies HL ≥ 250, *Note - “softened portions of the weld heat affected zone” is interpreted to be within Vickers hardness measurement range of the weld as described in ¶ 30 and FIG.5 of the specification and the average value of the softened portions of the weld heat affected zone is naturally at least equal or higher than the minimum Vickers hardness value HL measured within Vickers hardness measurement range). Sawanishi does not explicitly teach wherein a slag-covered area ratio S RATIO (%) represented by formula (1) is 20% or less: S RATIO = 100 x S SLAG /S BEAD -- (1) wherein S BEAD is a bead surface area (mm 2 ) of a weld bead in the weld, and S SLAG is part of the bead surface area S BEAD and is a slag surface area (mm 2 ) of a region covered with a slag. However, Izutani that relates to gas-shielded arc welding overlapping two sheet metals welding at the edge of the overlap to form a joint, (0001 and see FIG.4), also teaches a slag coverage ratio percentage measured from the ratio of surface area of the slag to the surface area of the bead has to be less than 15% to produce a weld bead evaluated as good weld bead joint and when the slag coverage ratio percentage is more than 15% the weld bead specimen is considered bad, (0139),wherein good weld specimen is free from porosity defects, such as pit and blowholes, with increased performance and has an excellent bead external appearance, (0037), * Note , the surface areas measured in (mm 2 ) is not a patentable distinction as the value measured is a ratio percentage and ordinary skill in the art would appreciate conversion of units. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to keep the slag-covered area ratio of arc weld bead Sawanishi to be 20% or less in order to produce a good weld bead free from porosity defects, such as pit and blowholes, with increased performance and has an excellent bead external appearance as taught in Izutani. Regarding claim 2 , Sawanishi in view of Izutani teaches the arc welded joint according to claim 1, wherein the maximum value of the Vickers hardness of the weld metal and the minimum value of the Vickers hardness of the weld metal satisfy the relationship H max - H min ≤ 100 (the maximum Vickers hardness Value HU - the minimum Vickers hardness value HL ≤ 200, Sawanishi (0030) and when the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation, MPEP 2144.05 ) . Regarding claim 3 , Sawanishi in view of Izutani teaches an arc welding method for obtaining the arc welded joint according to claim 1, the method comprising: forming the weld by arc welding of the overlap of at least two steel sheets while using a shielding gas including Ar gas and an oxidizing gas, the oxidizing gas satisfying the relationship of formula (2): 2 x [O 2 ] + [CO 2 ] ≤ 5 --- (2) wherein [O 2 ] is the vol% of O 2 in the shielding gas, and [CO 2 ] is the vol% of CO 2 in the shielding gas (a method of manufacturing the lap fillet arc welded joint by performing fillet arc welding, wherein the shielding gas comprises an inert gas (Ar)and an oxidizing gas, and the shielding gas satisfies the relationship of the following formula (5): 1 ≦ 2 × [O 2 ] + [CO 2 ] ≦ 30 --- (5), wherein [CO 2 ] is the volume% of CO 2 in the shielding gas, and [O 2 ] is the volume% of O 2 in the shielding gas), Sawanishi (0018, 0034, 0037) and when the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation, MPEP 2144.05). Regarding claim 5 , Sawanishi teaches the arc welding method according to claim 3, wherein the arc welding uses a pulse current as a welding current (the lap fillet arc welding method uses pulsed welding current, (0037)) . Sawanishi does not explicitly teach that a value of X (A.s/m) represented by formula (3) satisfies: 50 ≤ X ≤ 250 X= (I PEAK x t PEAK / L) + (I PEAK +I BASE ) x (t UP + t DOWN ) / (2 x L) -- (3) wherein I PEAK is peak current (A) of the pulse current, I BASE is base current (A), t PEAK is peak time (ms), t UP is a rise time (ms), t DOWN is fall time(ms), and L is the distance (mm) between the steel sheets and a contact tip. However, Izutani teaches: A value of X (A.s/m) represented by formula (3) satisfies: 50 ≤ X ≤ 250 X= (I PEAK x t PEAK / L) + (I PEAK +I BASE ) x (t UP + t DOWN ) / (2 x L) -- (3) wherein I PEAK is peak current (A) of the pulse current, I BASE is base current (A), t PEAK is peak time (ms), t UP is a rise time (ms), t DOWN is fall time(ms), and L is the distance (mm) between the steel sheets and a contact tip (taking pulse current data of the wave form used in the gas-shielded arc welding of FIG.6, I PEAK = 450(A), t PEAK = 1.6 (ms), I BASE = 56 A, t UP = 0.4 (ms), t DOWN = 0.4(ms) , Izutani (0048 and FIG.6), and the distance between the base metal member and wire tip = 15 mm, Izutani (0119 – 0122), X = (450(A) x 1.6 (ms)/ 15mm) + ((450 (A) + 56 (A)) x (0.4(ms) + 0.4(ms)/ (2 x 15mm) ≈ 61.49 (A.s/m), thus, X = 61.49 (A.s/m) is in the range 50 ≤ X ≤ 250 and the conditions or parameters of the pulse current used in the examples satisfying equation – (3)). Izutani further teaches that tests conducted on weld joints produced by these pulse current parameters and base metal member and wire tip distance are free from porosity defects, such as pit and blowholes, and has an excellent bead external appearance , (0037 and 0174 – 0179). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the pulse current arc welding method of, Sawanishi to include the pulse current and tip distance parameters of Izutani in order to produce a weld joint free from porosity defects, such as pit and blowholes, and has an excellent bead external appearance . POSITA apprised of the pulse current and welding wire tip distance parameters of Izutani would be motivated to apply the same pulse current parameters and welding wire distance in Sawanishi in order to produce a good weld bead free from porosity defects, such as pit and blowholes, with increased performance and has an excellent bead external appearance. Regarding claim 6 , Sawanishi in view of Izutani teaches the arc welding method according to claim 3, wherein the arc welding uses a solid wire as a welding wire (the welding wires used in the arc (MAG) welding are solid wires, Sawanishi (0037)). Regarding claim 8 , Sawanishi in view of Izutani teaches an arc welding method for obtaining the arc welded joint according to claim 2, the method comprising: forming the weld by arc welding of the overlap of the at least two steel sheets while using a shielding gas including Ar gas and an oxidizing gas, the oxidizing gas satisfying the relationship of formula (2): 2 x [O 2 ] + [CO 2 ] ≤ 5 -- (2) wherein [O 2 ] is the vol% of O 2 in the shielding gas, and [CO 2 ] is the vol% of CO 2 in the shielding gas (a method of manufacturing the lap fillet arc welded joint by performing fillet arc welding, wherein the shielding gas comprises an inert gas (Ar)and an oxidizing gas, and the shielding gas satisfies the relationship of the following formula (5): 1 ≦ 2 × [O 2 ] + [CO 2 ] ≦ 30 --- (5), wherein [CO 2 ] is the volume% of CO 2 in the shielding gas, and [O 2 ] is the volume% of O 2 in the shielding gas), Sawanishi (0018, 0034, 0037) and when the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation, MPEP 2144.05). Regarding claim 10 , Sawanishi in view of Izutani teaches the arc welding method according to claim 8, wherein the arc welding uses a pulse current as a welding current, and a value of X (A. s/m) represented by formula (3) satisfies: 50 ≤ X ≤ 250 X= (I PEAK x t PEAK / L) + (I PEAK +I BASE ) x (t UP + t DOWN ) / (2 x L) --(3) wherein I PEAK is peak current (A) of the pulse current, I BASE is base current (A), t PEAK is peak time (ms), t UP is a rise time (ms), t DOWN is fall time(ms), and L is the distance (mm) between the steel sheets and a contact tip (taking pulse current data of the wave form used in the gas-shielded arc welding of FIG.6, I PEAK = 450(A), t PEAK = 1.6 (ms), I BASE = 56 A, t UP = 0.4 (ms), t DOWN = 0.4(ms) , Izutani (0048 and FIG.6), and the distance between the base metal member and wire tip = 15 mm, Izutani (0119 – 0122), X = (450(A) x 1.6 (ms)/ 15mm) + ((450 (A) + 56 (A)) x (0.4(ms) + 0.4(ms)/ (2 x 15mm) ≈ 61.49 (A.s/m), thus, X = 61.49 (A.s/m) is in the range 50 ≤ X ≤ 250 and the conditions or parameters of the pulse current used in the examples satisfying equation – (3)) . 07-21-aia AIA Claim (s) 4, 9 and 11 – 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawanishi in view of Izutani in further view of Tokihiko Kataoka et al (JP 2012213803 A) and hereinafter “Kataoka” . Regarding claim 4 , Sawanishi in view of Izutani teaches the arc welding method according to claim 3, wherein the steel sheets and a welding wire are intermittently short-circuited during the arc welding (in arc welding (MAG), droplets naturally transfers from the welding wire to the base steel in a short-circuit transfer where the electrode is short circuited with the base steel). Sawanishi in view of Izutani do not explicitly teach that an average short-circuit frequency F AVE (Hz) during the short-circuit is in the range of 20 to 300 Hz and a maximum short-circuit cycle T CYC (s) during the short-circuit is 1.5 s or less. However, Kataoka that relates to a gas shielded arc welding method that improves the corrosion resistance of joints (0001), also teaches that the droplet transfer in a short-circuit transfer and the transfer period is greatly influenced by the composition of the welding wire, and a stable transfer period or frequency is about 50 to 150 Hz, (0033), this implies the short circuiting period is between 0.00067 to 0.02 seconds. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to make average short-circuit frequency F AVE (Hz) and the maximum short-circuit cycle T CYC (s) during the short-circuiting of the arc welding method taught by Sawanishi in view of Izutani to be in the range of 20 to 300 Hz and 1.5 s or less respectively in order to facilitate stable droplet transfer and avoid stress concentration in the arc welded joint as taught in Kataoka. Regarding claim 9 , Sawanishi in view of Izutani teaches the arc welding method according to claim 8, wherein the steel sheets and a welding wire are intermittently short-circuited during the arc welding (in arc welding (MAG), droplets naturally transfers from the welding wire to the base steel in a short-circuit transfer where the electrode is short circuited with the base steel). Sawanishi in view of Izutani do not explicitly teach that an average short-circuit frequency F AVE (Hz) during the short-circuit is in the range of 20 to 300 Hz and a maximum short-circuit cycle T CYC (s) during the short-circuit is 1.5 s or less. However, Kataoka that relates to a gas shielded arc welding method that improves the corrosion resistance of joints (0001), also teaches that the droplet transfer in a short-circuit transfer and the transfer period is greatly influenced by the composition of the welding wire, and a stable transfer period or frequency is about 50 to 150 Hz, (0033), this implies the short circuiting period is between 0.00067 to 0.02 seconds. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to make average short-circuit frequency F AVE (Hz) and the maximum short-circuit cycle T CYC (s) during the short-circuiting of the arc welding method taught by Sawanishi in view of Izutani to be in the range of 20 to 300 Hz and 1.5 s or less respectively in order to facilitate stable droplet transfer and avoid stress concentration in the arc welded joint as taught in Kataoka. Regarding claim 11 , Sawanishi in view of Izutani in further view of Kataoka teaches the arc welding method according to claim 4, wherein the arc welding uses a pulse current as a welding current, and a value of X (A- s/m) represented by formula (3) satisfies: 50 ≤ X ≤ 250 X= (I PEAK x t PEAK / L) + (I PEAK +I BASE ) x (t UP + t DOWN ) / (2 x L) -- (3) wherein I PEAK is peak current (A) of the pulse current, I BASE is base current (A), t PEAK is peak time (ms), t UP is a rise time (ms), t DOWN is fall time(ms), and L is the distance (mm) between the steel sheets and a contact tip (taking pulse current data of the wave form used in the gas-shielded arc welding of FIG.6, I PEAK = 450(A), t PEAK = 1.6 (ms), I BASE = 56 A, t UP = 0.4 (ms), t DOWN = 0.4(ms) , Izutani (0048 and FIG.6), and the distance between the base metal member and wire tip = 15 mm, Izutani (0119 – 0122)), X = (450(A) x 1.6 (ms)/ 15mm) + ((450 (A) + 56 (A)) x (0.4(ms) + 0.4(ms)/ (2 x 15mm) ≈ 61.49 (A.s/m), thus, X = 61.49 (A.s/m) is in the range 50 ≤ X ≤ 250 and the conditions or parameters of the pulse current used in the examples satisfying equation – (3)). Regarding claim 12 , Sawanishi in view of Izutani in further view of Kataoka teaches the arc welding method according to claim 9, wherein the arc welding uses a pulse current as a welding current, and a value of X (A-s/m) represented by formula (3) satisfies: 50 ≤ X ≤ 250 X= (I PEAK x t PEAK / L) + (I PEAK +I BASE ) x (t UP + t DOWN ) / (2 x L) -- (3) wherein I PEAK is peak current (A) of the pulse current, I BASE is base current (A), t PEAK is peak time (ms), t UP is a rise time (ms), t DOWN is fall time(ms), and L is the distance (mm) between the steel sheets and a contact tip (taking pulse current data of the wave form used in the gas-shielded arc welding of FIG.6, I PEAK = 450(A), t PEAK = 1.6 (ms), I BASE = 56 A, t UP = 0.4 (ms), t DOWN = 0.4(ms) , Izutani (0048 and FIG.6), and the distance between the base metal member and wire tip = 15 mm, Izutani (0119 – 0122), X = (450(A) x 1.6 (ms)/ 15mm) + ((450 (A) + 56 (A)) x (0.4(ms) + 0.4(ms)/ (2 x 15mm) ≈ 61.49 (A.s/m), thus, X = 61.49 (A.s/m) is in the range 50 ≤ X ≤ 250 and the conditions or parameters of the pulse current used in the examples satisfying equation – (3)) . 07-21-aia AIA Claim (s) 13 and 16 – 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawanishi in view of Izutani in further view of Nishikawa et al. (US 20100288742 A1) and hereinafter “Nishikawa” . Regarding claims 13, 16, and 17 , Sawanishi in view of Izutani teaches the arc welding method according to claim 8, claim 5 and claim 10 respectively, wherein the arc welding uses a solid wire as a welding wire (the welding wires used in the arc (MAG) welding are solid wires, Sawanishi (0037)) , and Sawanishi in view of Izutani do not explicitly teach the arc welding is performed in reverse polarity. However, Nishikawa that relates to an arc welding method which performs steel plates (0003), also teaches welding can be performed in reverse polarity (EP), the polarity in which the wire side is the positive polarity and the work side is the negative polarity or in the positive (EN) polarity in which the wire side is the negative polarity and the work side is the positive polarity, wherein the switching is controlled depending on the current weldings parameters like welding current and wire Feeding Speed, (0062, 0066). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to perform the welding in reverse polarity as welding polarity selection is a binary choice determined based on the parameter set up of the specific arc welding process. POSTIA apprised Nishikawa’s teaching of would select the revere polarity arc welding set up from the two polarity choices based on the specific arc welding parameter set up . 07-21-aia AIA Claim (s) 14 – 15 and 18 – 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawanishi in view of Izutani in further view of Kataoka modified by Nishikawa . Regarding claims 14 and 15 , Sawanishi in view of Izutani in further view of Kataoka teaches the arc welding method according to claim 4 and claim 9 respectively, wherein the arc welding uses a solid wire as a welding wire (the welding wires used in the arc (MAG) welding are solid wires, Sawanishi (0037)). Sawanishi in view of Izutani in further view of Kataoka do not explicitly teach the arc welding is performed in reverse polarity. However, Nishikawa that relates to an arc welding method which performs steel plates (0003), also teaches welding can be performed in reverse polarity (EP), the polarity in which the wire side is the positive polarity and the work side is the negative polarity or in the positive (EN) polarity in which the wire side is the negative polarity and the work side is the positive polarity, wherein the switching is controlled depending on the current weldings parameters like welding current and wire Feeding Speed, (0062, 0066). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to perform the welding in reverse polarity as welding polarity selection is a binary choice determined based on the parameter set up of the specific arc welding process. POSTIA apprised Nishikawa’s teaching of would select the revere polarity arc welding set up from the two polarity choices based on the arc welding parameters. Regarding claims 18 and 19 , Sawanishi in view of Izutani in further view of Kataoka teaches the arc welding method according to claim 11 and claim 12 respectively, wherein the arc welding uses a solid wire as a welding wire (the welding wires used in the arc (MAG) welding are solid wires, Sawanishi (0037) ). Sawanishi in view of Izutani in further view of Kataoka do not explicitly teach the arc welding is performed in reverse polarity. However, Nishikawa that relates to an arc welding method which performs steel plates (0003), also teaches welding can be performed in reverse polarity (EP), the polarity in which the wire side is the positive polarity and the work side is the negative polarity or in the positive (EN) polarity in which the wire side is the negative polarity and the work side is the positive polarity, wherein the switching is controlled depending on the current weldings parameters like welding current and wire Feeding Speed, (0062, 0066). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to perform the welding in reverse polarity as welding polarity selection is a binary choice determined based on the parameter set up of the specific arc welding process. POSTIA apprised Nishikawa’s teaching of would select the revere polarity arc welding set up from the two polarity choices based on the arc welding parameters and the arc welding is performed in reverse polarity. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm EST. 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, Steven 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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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DILNESSA B BELAY/Examiner, Art Unit 3761 /JOHN J NORTON/Primary Examiner, Art Unit 3761 Application/Control Number: 18/287,348 Page 2 Art Unit: 3761 Application/Control Number: 18/287,348 Page 3 Art Unit: 3761 Application/Control Number: 18/287,348 Page 4 Art Unit: 3761 Application/Control Number: 18/287,348 Page 5 Art Unit: 3761 Application/Control Number: 18/287,348 Page 6 Art Unit: 3761 Application/Control Number: 18/287,348 Page 7 Art Unit: 3761 Application/Control Number: 18/287,348 Page 8 Art Unit: 3761 Application/Control Number: 18/287,348 Page 9 Art Unit: 3761 Application/Control Number: 18/287,348 Page 10 Art Unit: 3761 Application/Control Number: 18/287,348 Page 11 Art Unit: 3761 Application/Control Number: 18/287,348 Page 12 Art Unit: 3761 Application/Control Number: 18/287,348 Page 13 Art Unit: 3761
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