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 .
Response to Amendment
The amendment and/or arguments submitted on 06/26/2026 is/are being considered by the examiner.
Claims 1-20 are pending:
Response to Arguments
Applicant’s arguments and/or amendments, with respect to claim objections have been fully considered and are persuasive. The claim objections of record has been withdrawn.
Applicant’s arguments and/or amendments, with respect to 35 USC 102 art rejections by Ihde (US 10,076,803) have been fully considered.
Applicant asserts, page 6-7, in the context of Claims 10/17 that Ihde fails to disclose the second interface configured to couple to a power supply nor the circuitry configured to output a signal to the power supply as claimed in Claims 10/17. This assertion is based upon the fact that the pendant 82 of Ihde does not directly interface with the power supply 12 due to the application of wire feeder 14.
The office respectfully disagrees and notes that applicant’s assertions are not commensurate in scope to their presented claim language. Neither the second interface nor the circuitry are required to ‘directly’ interface with the power supply. Applicant’s interpretation is so restrictive that any type of intermediate pass-through device would render such an arrangement as no longer infringing on the arrangement; for example, under applicant’s interpretation, the use of a generic extension cord between the adapter module and the power supply would prevent a user from infringing on the scope of applicant’s invention.
The office would like to explicitly indicate for the clarity of the record that the office is not reading the claim scope as artificially narrow as applicant’s assertions, but rather under the BRI of the claim language as presented.
Applicant asserts, page 7-8, in the context of Claims 13/16 that the welding power supply 12 cannot also be the power supply to operate the pendant 82, as the power supply 12 was mapped to be the power supply of Claim 10.
The office respectfully disagrees. Claim 10 maps the overall arrangement of the power supply 12 to the claimed element “power supply”. Claim 13/16 introduce the term “power source”, and, as noted in the claim interpretation section on page 2 of the rejection of record, the terms “power supply” and “power source” are different and are interpreted in light of the specification. Para32/33 indicates that the power source is the component that gathers/converts/supplies power to the adapter module, while (per at least Para20) the power supply supplies and controls the supply of electric power and fluid. Thus, while not improperly importing limitations from the specification into the claim scope, it is understood that the “power supply” is a more general genus structure of electric/fluid supply, while the “power source” is a more narrow/directed species structure of electric utilization. The mapping of Claims 13/16 for “power supply” is directed towards the sub-component level structures of power conversion 22/28/94/96/62, as informed in light of the specification. These mapped claim elements are different structures than the overall welding power supply 12 mapped to “power supply” of Claim 10.
Applicant’s arguments and/or amendments, with respect to 35 USC 103 art rejections by Ihde (US 10,076,803) and Hoffa (US 9,737,954) have been fully considered.
Applicant asserts, page 8-9, that the combination of Ihde and Hoffa fail due to repeated assertions from the context of the 35 USC 102 art rejection.
The office respectfully disagrees and respectfully repeats the above response.
Applicant asserts, page 9, that the office cannot indicate that the instant office action be a Final Rejection due to a new ground of rejection as necessitated by Applicant’s amendments, due to applicant not amending independent claims 1/10/17.
The office respectfully notes that applicant did amend some independent claims, and therefore a new ground of rejection was necessitated by Applicant’s amendments for the amended claims and the corresponding dependent claims (if any). The office further notes that the grounds of rejection for independent claims 1/10/17 remained the same from the rejection of record, however the “necessitated by amendment” notification at the end of the instant office action is based on the claim set as a whole – not solely based on the independent claims.
Claim Interpretation - Language
Language and/or terms in the claims are interpreted as follows:
Claim 1 preamble “adapter module” is a broad but required claim limitation, due to life being added to the term due to the functional language of L4-6
Claim 13 L1 “a power source” is a different antecedent basis term relative to “a power supply” of Claim 10, in light of the specification
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)(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) 10-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ihde (US 10,076,803).
Claim 10
Ihde discloses:
“An adapter module (best seen Fig2, pendant 82) for a torch (best seen Fig2, welding system 10, torch 16), comprising:
a first interface (Fig2, pendant 82 female box connector 86) configured to couple to the torch (Fig2, pendant 82 outlet 86 configured to couple to torch 16 via cable 80);
a second interface (Fig2, pendant 82 male box connector 84) configured to couple to a power supply (Fig2, pendant 82 inlet 84 configured to couple to power supply 12 via cables 46 and wire feeder 14); and
circuitry (Fig2, control circuitry 94, interface circuit 96, user interface 92) configured to output a signal (C3L40-55, control produces commands based on inputs from user interface 26 and from “inputs regarding the performance and demands of the system 10”) to the power supply (Fig2, pendant control 94 interfaces with feeder control 68 and power supply control 28) to operate the power supply (C4L3-12).”
Claim 11
Ihde discloses: “The adapter module of claim 10, wherein the circuitry (Fig2, control circuitry 94, interface circuit 96, user interface 92) is configured to output the signal (C3L40-55, control produces commands based on inputs from user interface 26 and from “inputs regarding the performance and demands of the system 10”) to the power supply (Fig2, pendant control 94 interfaces with feeder control 68 and power supply control 28) to cause the power supply to direct a fluid flow toward the torch (C4L3-12, supply control 28 receives power signals form pendant, C3L56-C4L2, supply control 28 controls the gas flow through the system to torch 16).”
Claim 12
Ihde discloses: “The adapter module of claim 11, wherein the fluid flow comprises a gas (C1L46-52, gas is a welding shielding gas), a coolant (C4L58-60, gas has a cooling effect on the cable), or both (as mapped).”
Claim 13
Ihde discloses: “The adapter module of claim 10, comprising a power source (Fig2, power supply 12) configured to supply electric power (C2L34-C3L13 / Fig2, primary power 20 is feed to power supply 12 where the power is converted 22 and controlled 28 to power the components of welding system 10) to operate the circuitry (C4L3-12, supply control 28 receives power signals form pendant, C3L56-C4L2, supply control 28 controls the gas flow through the system).”
Claim 14
Ihde discloses: “The adapter module of claim 10, wherein the circuitry is configured to output the signal to the power supply to cause the power supply to direct electric power toward the torch (C4L3-12, supply control 28 receives power signals form pendant, C3L56-C4L2, supply control 28 controls the gas flow through the system to torch 16).”
Claim 15
Ihde discloses: “The adapter module of claim 14, wherein the second interface (Fig2, pendant 82 inlet 84) is configured to receive the electric power (Fig2, pendant 82 inlet 84 configured to couple to power supply 12 via cables 46 and wire feeder 14) from the power supply (C4L3-12, supply control 28 receives power signals form pendant, C3L56-C4L2, supply control 28 controls the gas flow through the system towards torch 16), and the first interface (Fig2, pendant 82 outlet 86) is configured to provide the electric power to the torch (C4L55-57 / Fig2, pendant 82 outlet 86 configured to couple to torch 16 via cable 80).”
Claim 16
Ihde discloses: “The adapter module of claim 15, wherein the circuitry (Fig2, control circuitry 94, interface circuit 96, user interface 92) is configured to utilize a portion of the electric power directed by the power supply to operate (C4L38-39 / Fig2, pendant 82 electrically powered by power conversion 62).”
Claim 17
Ihde discloses:
“A welding or plasma system (best seen Fig2, welding system 10, torch 16), comprising:
a power supply (Fig2, power supply 12) including a discharge port (Fig2, outlet 38);
a torch (Fig2, torch 16) including a lead (Fig2, cable 80) with a connector (Fig2, connector 78); and
an adapter module Fig2, pendant 82, comprising:
a first interface (Fig2, pendant 82 female box connector 86) configured to couple to the connector of the torch (Fig2, pendant 82 outlet 86 configured to couple to torch 16 via cable 80 connector 78);
a second interface (Fig2, pendant 82 male box connector 84) configured to couple to the discharge port of the power supply (Fig2, pendant 82 inlet 84 configured to couple to power supply 12 outlet 38 via cables 46 and wire feeder 14); and
one or more processors (C3L40-55; Fig2, control circuitry 94 processes inputs to control the arrangement) configured to output a signal to the power supply to operate the power supply (C4L3-12, supply control 28 receives power signals form pendant, C3L56-C4L2, supply control 28 controls the gas flow through the system).”
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.
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.
Claim(s) 1-9, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ihde (US 10,076,803) in view of Hoffa (US 9,737,954)
Claim 1
Ihde discloses:
“An adapter module (best seen Fig2, pendant 82) for a torch (best seen Fig2, welding system 10, torch 16), comprising:
a memory (control circuitry 94) storing instructions thereon (C5L11-14, pendant 82 circuits and interfaces are as disclosed in the context of other portions; C3L40-55, control circuitry includes memory that contains control parameters and code to control the arrangement during operation based on processing of inputs); and
one or more processors (C3L40-55; Fig2, control circuitry 94 processes inputs to control the arrangement) configured to execute the instructions stored on the memory (C3L40-55, control circuitry includes memory that contains control parameters and code to control the arrangement during operation based on processing of inputs) to:
receive a first signal (Fig2, signal arrow into control 94; C5L16-18, control 94 receives data via interface circuit 96 via cable 44 and/or connection 98) output … ; and
output a second signal (Fig2, signal arrow out of control 94) based on the first signal (C3L40-55, control produces commands based on inputs from user interface 26 and from “inputs regarding the performance and demands of the system 10”) to a power supply (Fig2, pendant control 94 interfaces with feeder control 68 and power supply control 28) to operate the power supply (C4L3-12, supply control 28 receives power signals form pendant, C3L56-C4L2, supply control 28 controls the gas flow through the system).”
Ihde is silent to the first signal being output by the torch.
Hoffa teaches (Fig2, processer 206, receiver/sensor 204, signal sensor output 202, torch 100; Fig2 discussion starting at C17L27; C18L6-13, communication between controller 206 and torch 100 data device 204 is wired; Fig5, system 516 similar to processor 206 – C26L11-12) that it is known in the art to use a wired communication arrangement to mutually signal between the torch and separate processor component of the overall system arrangement. Hoffa further teaches (C2L42-48, C1L47-65, Abstract; Fig9-11, operation flowcharts of the arrangement) that the automated torch with determination of the torch consumable of the arrangement of Hoffa provides the advantage of providing a torch that can include multiple consumable components while performing with minimal human intervention.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of Ihde to apply the automated torch with determination of the torch consumable of the arrangement of Hoffa that includes the torch mutually communicating signals with a separate processor to control the system arrangement as taught by Hoffa, as Hoffa teaches that the application of such an arrangement provides the advantage of providing a torch that can include multiple consumable components while performing with minimal human intervention, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Ihde with a working and known in the art automated torch as taught by Hoffa that communicates with the separate control/processor of Ihde such that operation of the overall welding system gains the advantage of providing a torch that can include multiple consumable components while performing with minimal human intervention
Claim 2
The combination of Ihde and Hoffa discloses: “The adapter module of claim 1, wherein the one or more processors (Ihde: Fig2, control 94; Hoffa: processor 206) are configured to execute the instructions stored on the memory to (Ihde: C3L40-55): determine an operational setting associated with the torch based on the first signal (Pendant control receives a first signal from automated torch which then outputs a command, ie wire feed / gas flow. Ihde C3L40-55; Hoffa: Fig9, step 906; Hoffa: C29L12-C30L15, processor gets various operating parameter inputs [particular consumable component and corresponding required operating parameters] and outputs commands to control operational parameters [electric/gas parameters/data] of the system provided to the torch); and output the second signal to the power supply (Ihde: Fig2, pendant control 94 interfaces with feeder control 68 and power supply control 28; C4L3-12; Hoffa: Fig9) to operate the power supply according to the operational setting (limitation is within the bounds of the combination as discussed in claim 1. Ihde C3L40-55; Hoffa: Fig9, step 908; Hoffa: C29L12-C30L15, processor gets various operating parameter inputs [particular consumable component and corresponding required operating parameters] and outputs commands to control operational parameters [electric/gas parameters/data] of the system provided to the torch).”
Claim 3
The combination of Ihde and Hoffa discloses: “The adapter module of claim 1, wherein the one or more processors (Ihde: Fig2, control 94; Hoffa: processor 206) are configured to execute the instructions stored on the memory to (Ihde: C3L40-55): determine a type of consumable installed in the torch (Hoffa: C3L3-30,C4L25-28; Fig9/10/11, type of consumable is determined) based on the first signal (Hoffa: Fig9, steps 902/904/906, operating parameters based on the particular consumable is communicated to the processor); and output the second signal (Ihde: Fig2, pendant control 94 interfaces with feeder control 68 and power supply control 28; C4L3-12; Hoffa: Fig9, step 908) to initiate operation of the power supply (Ihde: C4L3-12; Hoffa: Fig9, step 908) based on the type of consumable (Hoffa: Fig9, step 902/904/906/908).”
Claim 4
The combination of Ihde and Hoffa discloses: “The adapter module of claim 1, wherein the one or more processors are configured to execute the instructions stored on the memory to output a third signal to the torch to allow the torch to operate with the power supply (limitation is within the bounds of the combination as discussed in Claim 1. Pendant and automated torch are in mutual signal communication for operational performance, sensing, and control. Hoffa: C29L45-60, Fig9, automated torch communicates data that causes operation with the power supply).”
Claim 5
The combination of Ihde and Hoffa discloses: “The adapter module of claim 1, comprising: a first interface configured to couple to an inlet port of a lead of the torch (Ihde: Fig2, pendant 82 female box connector 86 couples to inlet port 78 of cable 80); and a second interface configured to couple to a discharge port of the power supply (Ihde: Fig2, pendant 82 male box connector 84 couples to discharge 48 of power supply 12 via the wire feeder 14).”
Claim 6
The combination of Ihde and Hoffa discloses: “The adapter module of claim 5, wherein the first interface is a female socket (Ihde: Fig2, pendant 82 female box connector 86), and the second interface is a male plug (Ihde: Fig2, pendant 82 male box connector 84).”
Claim 7
The combination of Ihde and Hoffa discloses: “The adapter module of claim 5, wherein the first interface comprises a first pin configuration (Ihde: Fig2, pendant 82 female box connector 86), the second interface comprises a second pin configuration (Ihde: Fig2, pendant 82 male box connector 84), and the first pin configuration and the second pin configuration being different from one another (Ihde: Fig2, pendant 82 female box connector 86 is different from pendant 82 male box connector 84).”
Claim 8
The combination of Ihde and Hoffa discloses: “The adapter module of claim 1, comprising a conduit (Ihde: C4L64-C5L6 / Fig2, flow of gas between pendant 82 inlet 84 and outlet 86) configured to direct a fluid flow from the power supply to the torch (Ihde: C4L64-C5L6 / Fig2, gas flow out pendant 82 outlet 86 to cable 80 to torch 16; C4L55-67).”
Claim 9
The combination of Ihde and Hoffa discloses: “The adapter module of claim 8, wherein the conduit (Ihde: C4L64-C5L6 / Fig2, flow of gas between pendant 82 inlet 84 and outlet 86) comprises a housing (Ihde: Fig2, schematic housing of pendant 82 shown by outer solid box) that encloses the memory and the one or more processors (Ihde: Fig2, control circuitry 94 is enclosed by schematic housing of pendant 82), and the housing is configured to direct the fluid flow and power from the power supply to the torch (Ihde: Fig2, housing of pendant 82 directs fluid and power from pendant inlet 84 to pendant outlet 86 thus connecting the electric/fluid flow from power supply 12 to torch 16).”
Claim 18
Ihde discloses: “The welding or plasma system of claim 17, wherein the one or more processors (C3L40-55; Fig2, control circuitry 94 processes inputs to control the arrangement) of the adapter module (pendant 82) are configured to: receive an initial signal (Fig2, signal arrow into control 94; C5L16-18, control 94 receives data via interface circuit 96 via cable 44 and/or connection 98) …”
Ihde is silent to the first signal being output by the torch and outputting a signal to the power supply in response to the initial signal as claimed in the instant claim.
Hoffa teaches: “receive an initial signal (Fig9, step 906/902, controller receives signal of operating parameters from automated torch) transmitted from the torch (C3L3-30,C4L25-28; Fig9/10/11, type of consumable is determined), the initial signal indicating an operability of the torch (C3L3-30,C4L25-28; Fig9/10/11, type of consumable is determined); and output the signal to the power supply in response to receiving the initial signal from the torch (Fig9, step 908; C29L12-C30L15, processor gets various operating parameter inputs [particular consumable component and corresponding required operating parameters] and outputs commands to control operational parameters [electric/gas parameters/data] of the system provided to the torch)).”
Hoffa teaches (Fig2, processer 206, receiver/sensor 204, signal sensor output 202, torch 100; Fig2 discussion starting at C17L27; C18L6-13, communication between controller 206 and torch 100 data device 204 is wired; Fig5, system 516 similar to processor 206 – C26L11-12) that it is known in the art to use a wired communication arrangement to mutually signal between the torch and separate processor component of the overall system arrangement. Hoffa further teaches (C2L42-48, C1L47-65, Abstract; Fig9-11, operation flowcharts of the arrangement) that the automated torch with determination of the torch consumable of the arrangement of Hoffa provides the advantage of providing a torch that can include multiple consumable components while performing with minimal human intervention.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of Ihde to apply the automated torch with determination of the torch consumable of the arrangement of Hoffa that includes the torch mutually communicating signals with a separate processor to control the system arrangement as taught by Hoffa, as Hoffa teaches that the application of such an arrangement provides the advantage of providing a torch that can include multiple consumable components while performing with minimal human intervention, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Ihde with a working and known in the art automated torch as taught by Hoffa that communicates with the separate control/processor of Ihde such that operation of the overall welding system gains the advantage of providing a torch that can include multiple consumable components while performing with minimal human intervention
Claim 19
The combination of Ihde and Hoffa as discussed in claim 18 discloses: “The welding or plasma system of claim 18, wherein the one or more processors (Ihde: Fig2, control 94; Hoffa: processor 206) of the adapter module (Ihde: pendant 82) are configured to interrupt output of the second signal to the power supply to suspend operation of the power supply in response to an absence of the initial signal transmitted from the torch (Hoffa: C25L24-42, processor 206 stops operation of the torch in response to first signal directed to consumable determination is faulty).”
Ihde is silent
Claim 20
The combination of Ihde and Hoffa as discussed in claim 18discloses: “The welding or plasma system of claim 18, wherein the one or more processors(Ihde: Fig2, control 94; Hoffa: processor 206) of the adapter module (Ihde: pendant 82) are configured to: determine an identification of the torch (Hoffa: C3L3-30,C4L25-28; Fig9/10/11, type of consumable is determined) based on the initial signal (Hoffa: Fig9, steps 902/904/906, operating parameters based on the particular consumable is communicated to the processor); determine an operational setting based on the identification of the torch (Hoffa: Fig9, step 906; C29L12-C30L15, processor gets various operating parameter inputs [particular consumable component and corresponding required operating parameters] and outputs commands to control operational parameters [electric/gas parameters/data] of the system provided to the torch); and output the signal to the power supply based on the operational setting (Ihde C3L40-55; Hoffa: Fig9, step 906; C29L12-C30L15, processor gets various operating parameter inputs [particular consumable component and corresponding required operating parameters] and outputs commands to control operational parameters [electric/gas parameters/data] of the system provided to the torch).”
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 JOHN HUNTER JR whose telephone number is (571)272-5093. The examiner can normally be reached M-F, 9-18.
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.
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/JOHN S HUNTER, JR/Examiner, Art Unit 3761
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