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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/04/2024 and 07/29/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In this case, the present title filed on 01/04/2024, is too long. See MPEP 606.01. The following tittle is suggested:
--Submerged arc welding method and machine--.
Notification regarding 35 USC § 112f
The following is a quotation of AIA 35 U.S.C. 112f:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
In claim 6: claim limitation “a control device that sets …” have been interpreted under 35 U.S.C. 112(f), because it uses/they use a generic placeholder “a control device” coupled with functional language “that sets …” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f), claim 1 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112f: “…control device 2 is a processor including an arithmetic processing circuit such as a CPU, a multi-core CPU and the like, a storage device such as a ROM (Read only Memory), an EEPROM and a RAM (Random Access Memory) and input/output terminals…” is described in the present Specification, Par.0026.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f), applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f), or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f).
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
Claims 1-6 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
In claim 1:
The method steps as cited in the claim, are indefinite because it is unclear what a device is used to perform the steps? As described in the present disclosure, the steps are performed by a control device, however, the present disclosure does not describe an algorithm for performing the steps, such that the claim is indefinite. See MPEP Section 2181.II.B. Correction is required. Thus, it is suggested the applicant to amendment the claim by including “a control device”.
The limitation “a welding wire” as cited in line 5, is indefinite because it is unclear is it the same “a welding wire” as cited in line 3, or not? It is assumed they are the same, such that “a welding wire” as cited in line 5, should be changed to “the welding wire”.
In claim 6: The limitation “a welding wire” as cited in lines 4-5, is indefinite because it is unclear is it the same “a welding wire” as cited in line 3, or not? It is assumed they are the same, such that “a welding wire” as cited in lines 4-5, should be changed to “the welding wire”.
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)(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.
Claims 1-6 are rejected under 35 U.S.C. 102(a1) as being anticipated by Baba (US 20210402502 A1).
Regarding claim 1, Baba discloses
A submerged arc welding method [tittle cited: “…arc welding method…”] comprising:
setting a first welding condition [Par.0064: “…first welding condition…”] under which first average welding current is supplied to a welding wire (welding wire 5, fig.3); and
setting a second welding condition [Par.0064: “…second welding condition…”] under which second average welding current is supplied to a welding wire (welding wire 5),
wherein the first welding condition [Par.0064: “…first welding condition…”] and the second welding condition [Par.0064: “…second welding condition…”] are periodically switched [Par.0087 cited: “…first welding condition and the second welding condition are periodically switched by the processing at steps S115 and S116, to thereby obtain a periodically varying welding current…”].
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Regarding claim 2, Baba discloses
the first welding condition and the second welding condition are switched at a frequency lower than 10 Hz [Par.0019 cited: “…switching the first welding condition and the second welding condition at a cycle of a frequency ranging from 1 Hz to 5 Hz.…”].
Regarding claim 3, Baba discloses
under the first welding condition [Par.0064: “…first welding condition…”] and the second welding condition [Par.0064: “…second welding condition…”], reference average welding current for welding current is 200 A or higher and a fluctuation range of average welding current is 100 A or higher [Par.0013 cited: “…first welding condition and the second welding condition are welding conditions in which a reference current of the welding current is 350 A or higher and a current variation range is from 50 A to 150 A…”].
Regarding claim 4, Baba discloses
supplying welding current by AC constant current control of 10 Hz or higher [Par.0019 cited: “…varying a setting voltage to be applied between the welding wire and the base material in a range from 10 Hz to 1000 Hz…”]
Regarding claim 5, Baba discloses
supplying welding current by AC constant current control of 10 Hz or higher [Par.0019 cited: “…varying a setting voltage to be applied between the welding wire and the base material in a range from 10 Hz to 1000 Hz…”], wherein under the first welding condition and the second welding condition, reference average welding current for welding current is 350 A, first average welding current is 250 A and second average welding current is 350 A [Par.0013 cited: “…first welding condition and the second welding condition are welding conditions in which a reference current of the welding current is 350 A or higher and a current variation range is from 50 A to 150 A…”], and switching is performed at a frequency of 5 Hz [Par.0019 cited: “…switching the first welding condition and the second welding condition at a cycle of a frequency ranging from 1 Hz to 5 Hz…”].
Regarding claim 6, Baba discloses
A submerged arc welding machine (welding power source 1, fig.1) [tittle cited: “…arc welding device…”], comprising:
a control device (setting circuit 11c, fig.1) that sets a first welding condition [Par.0064: “…first welding condition…”] under which first average welding current is supplied to a welding wire (welding wire 5, fig.3) and a second welding condition [Par.0064: “…second welding condition] under which second average welding current is supplied to a welding wire (welding wire 5),
wherein the control device (setting circuit 11c) periodically performs switching between the first welding condition [Par.0064: “…first welding condition…”] and the second welding condition [Par.0064: “…second welding condition] [Par.0087 cited: “…first welding condition and the second welding condition are periodically switched by the processing at steps S115 and S116, to thereby obtain a periodically varying welding current…”].
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Claim 1 and 6 are rejected under 35 U.S.C. 102(a1) as being anticipated by Peters et al. (US 20180281094 A1).
Regarding claim 1, Peters discloses
A submerged arc welding method [electric arc welder 10, fig.3, Par.0013 cited: “…method of controlling heat produced by an electric arc welder during two different weld processes…”] comprising:
setting a first welding condition (high-heat weld process S130, fig.4) under which first average welding current is supplied to a welding wire (electrode 24, fig.3) [Par.0024 cited: “…at step S120 that welding at torch location 12A (FIG. 1) within an inward region IR of the workpiece W1 that calls for a high heat current waveform to be supplied to the electrode 24 at step S130…”]; and
setting a second welding condition (low-heat weld process S140, fig.4) under which second average welding current is supplied to a welding wire (electrode 24) [Par.0025 cited: “…at step S120 the controller 34 determines a low-heat input weld process is to be performed, and controls the delivery of electric current from the power source 16 to initiate such a weld process at step S140…”],
wherein the first welding condition (high-heat weld process S130) and the second welding condition (low-heat weld process S140) are periodically switched [Par.0028 cited: “…apparatus and method described herein are useful for any arc welder and welding method where switching between high and low heat weld processes on-the-fly based on the geometry and/or other physical characteristics of the workpiece is appropriate…”].
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Regarding claim 6, Peters discloses
A submerged arc welding machine (electric arc welder 10, fig.3), comprising:
a control device (controller 34, fig.3) that sets a first welding condition (high-heat weld process S130, fig.4) under which first average welding current is supplied to a welding wire (electrode 24, fig.3) [Par.0024 cited: “…at step S120 that welding at torch location 12A (FIG. 1) within an inward region IR of the workpiece W1 that calls for a high heat current waveform to be supplied to the electrode 24 at step S130…”] and a second welding condition (low-heat weld process S140, fig.4) under which second average welding current is supplied to a welding wire (electrode 24) [Par.0025 cited: “…at step S120 the controller 34 determines a low-heat input weld process is to be performed, and controls the delivery of electric current from the power source 16 to initiate such a weld process at step S140…”],
wherein the control device (controller 34) periodically performs switching between the first welding condition (high-heat weld process S130) and the second welding condition (low-heat weld process S140) [Par.0028 cited: “…apparatus and method described herein are useful for any arc welder and welding method where switching between high and low heat weld processes on-the-fly based on the geometry and/or other physical characteristics of the workpiece is appropriate…”].
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Peters et al. (US 20180281094 A1).
Regarding claim 2, Peters discloses
the first welding condition (high-heat weld process S130, fig.4) and the second welding condition (low-heat weld process S140, fig.4) are switched [Par.0028 cited: “…apparatus and method described herein are useful for any arc welder and welding method where switching between high and low heat weld processes on-the-fly based on the geometry and/or other physical characteristics of the workpiece is appropriate…”], but does not disclose they are switched at a frequency lower than 10 Hz.
Regarding claim 3, Peters discloses
the first welding condition (high-heat weld process S130, fig.4) and the second welding condition (low-heat weld process S140, fig.4), but does not disclose reference average welding current for welding current is 200 A or higher and a fluctuation range of average welding current is 100 A or higher.
Regarding claim 4, Peters discloses
supplying welding current by AC constant current [Par.0028 cited: “…FIG. 6 shows AC current waveforms to be supplied to an electrode 24 for AC GMAW welding …”], but does not disclose supplying welding current by AC constant current control of 10 Hz or higher.
Regarding claim 5, Peters discloses
supplying welding current by AC constant current [Par.0028 cited: “…FIG. 6 shows AC current waveforms to be supplied to an electrode 24 for AC GMAW welding …”], the first welding condition (high-heat weld process S130, fig.4) and the second welding condition (low-heat weld process S140, fig.4), but does not disclose supplying welding current by AC constant current control of 10 Hz or higher, wherein under the first welding condition and the second welding condition, reference average welding current for welding current is 350 A, first average welding current is 250 A and second average welding current is 350 A, and switching is performed at a frequency of 5 Hz.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the method steps of Peters, with the first welding condition and the second welding condition switched at a frequency lower than 10 Hz; reference average welding current for welding current is 200 A or higher and a fluctuation range of average welding current is 100 A or higher; supplying welding current by AC constant current control of 10 Hz or higher; and supplying welding current by AC constant current control of 10 Hz or higher, wherein under the first welding condition and the second welding condition, reference average welding current for welding current is 350 A, first average welding current is 250 A and second average welding current is 350 A, and switching is performed at a frequency of 5 Hz, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), in order to provide multiple AC waveforms for heat control.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kugai et al. (US 4990743) is considered as the relevant prior art in field of a welding apparatus, as shown in fig.1, with a welder, a wire feeder, and a controller, but does not explicitly disclose the first welding condition and the second welding condition are periodically switched…
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 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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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
08/10/2026
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