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
With respect to claim rejection under 35 U.S.C. 112 (b), applicant amended claim 1 filed on 07/28/2026, which overcome the rejection of claims 1, 4, 6, and 8. Therefore the corresponding claim rejection is withdrawn.
Response to Arguments
Applicant's arguments filed on 07/28/2026 have been fully considered but they are not persuasive.
Applicant argues reference Jang and Mizyazaki does not teach “a welding torch, a movable support configured to move the welding torch, and a measurement unit that is provided in the movable support and is capable of measuring, in a predetermined period after one weld bead is formed and before a next welding pass is welded, at least one of a temperature of the one weld bead or a temperature of the object to be welded in the vicinity of the one weld bead, as recited in Claim 1 and similarly recited in Claim 10”
Examiner respectfully disagrees. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Nakanishi clearly teaches a welding torch, a moveable support, and a measurement unit as shown in the rejection below. As shown in the figures and para.[0017] of Nakanishi, at least a portion of the measurement unit is provided in the arm 14, torch mounting bracket 4,5,9, and torch clamp 11,12. Nakanishi teaches the housing of temperature sensor 30 that covers at least the temperature sensor 30. In addition, Jang teaches in the same field of endeavor of welding device comprising a operating cylinder 26 configured to drive a cover 25 supporting a cover components 25 a to move the cover 25 in a predetermined direction to bring the cover into a state of covering interior elements when the weld bead is formed, and drive the support member to move the support member in a direction opposite to the predetermined direction to bring the cover portion into a state of exposing interior elements in the predetermined period. Therefore, references Nakanishi in view of Jang teaches every limitation in claims 1 and 10. The rejection is respectfully maintained.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, the limitation “a guide surface configured to guide a movement of the cover separately from the driving unit when the cover moves” is indefinite. It is unclear what structure defines the guide surface.
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.
Claims 1, 4-5, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi (JP 2008275482) in view of Jang (US 2017/0312848).
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Regarding claim 1, Nakanishi teaches a welding device (see fig.1) capable of performing a multilayer welding on an object to be welded, comprising:
a welding torch (welding torch 10);
a movable support (arm 14, torch mounting bracket 4,5,9, and torch clamp 11,12) configured to move the welding torch (welding torch 10) (see fig.1, arm14 is capable to move welding torch 10.);
a measurement unit (temperature measuring device 1) that is provided in the movable support (arm 14, torch mounting bracket 4,5,9, and torch clamp 11,12) and is capable of measuring, in a predetermined period after one weld bead is formed and before a next welding pass is welded, at least one of a temperature of the one weld bead or a temperature of the object to be welded in the vicinity of the one weld bead (See para.[0047] “The temperature sensor 30 measures the temperature of the molten bead 61 deposited just before”);
a cover (the housing of temperature sensor 30) that covers at least the measurement unit (temperature sensor 30).
Nakanishi does not teach a driving unit configured to drive a support member supporting the cover to move the support member in a predetermined direction to bring the cover into a state of covering the measurement unit when the weld bead is formed, and drive the support member to move the support member in a direction opposite to the predetermined direction to bring the cover portion into a state of exposing the measurement unit in the predetermined period.
However, Jang teaches in the same field of endeavor of welding device comprising a driving unit (operating cylinder 26) configured to drive a support member (cover 25) supporting a cover (cover components 25 a) to move the support member (cover 25) in a predetermined direction to bring the cover into a state of covering interior elements when the weld bead is formed, and drive the support member to move the support member in a direction opposite to the predetermined direction to bring the cover portion into a state of exposing interior elements in the predetermined period (see para.[0026] “The cover 25 may be configured to be adjusted by an operating cylinder 26 to retract and advance in a horizontal direction on an exterior circumferential surface of the inspection block 21.”).
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It would have been obvious to one of ordinary skill in the art before the effective filling date the claimed invention was made to modify the welding device by adding a driving unit configured to drive a support member to retract and advance, so that the measurement positioned in a cover portion can be covered and exposed by the movement of the support member, in order to prevent an introduction of an external foreign object and facilitate cleaning the sensor.
Regarding claims 4-5, the modification of Nakanishi and Jang teaches a guide surface (connection portion 25b of Jang) configured to guide a movement of the cover (cover components 25 a of Jang) separately from the driving unit (operating cylinder 26 of Jang) when the cover moves; the guide surface (connection portion 25b of Jang) covers a periphery of the measurement unit such that a temperature measurement by the measurement unit is possible in a state in which the cover exposes the measurement unit (see the rejection of claim 1, the measurement unit is covered by cover 25.).
Regarding claims 8-9, the modification of Nakanishi and Jang teaches
a drive shaft (rod 26a), wherein the movable support (cover components 25a of Jang) includes a plurality of link portions (mounting component 25c of Jang, which has a plurality of portions) configured to be movable via the drive shaft (rod 26a of Jang), and the measurement unit is held by the link portion to which the welding torch is attached; the measurement unit is disposed on at least one side in a left-right direction of the movable support in a reference posture. (see the rejection of claim 1, the measurement unit is held by mounting components 25c, and capable to dispose on least one side in a left-right direction of cover components 25a.).
Regarding claim 10, Nakanishi teaches a temperature measuring device (see fig.1) used in a welding device capable of performing a multilayer welding on an object to be welded by moving a welding torch by a movable support, the temperature measuring device comprising:
a measurement unit (temperature measuring device 1) that is provided in the movable support (arm 14, torch mounting bracket 4,5,9, and torch clamp 11,12) and is capable of measuring, in a predetermined period after one weld bead is formed and before a next welding pass is welded, at least one of a temperature of the one weld bead or a temperature of the object to be welded in the vicinity of the one weld bead (See para.[0047] “The temperature sensor 30 measures the temperature of the molten bead 61 deposited just before”);
a cover (the housing of temperature sensor 30) capable of covering the measurement unit (temperature sensor 30) at least.
Nakanishi does not teach a driving unit configured to drive a support member supporting the cover to move the support member in a predetermined direction to bring the cover into a state of covering the measurement unit when the weld bead is formed, and drive the support member to move the support member in a direction opposite to the predetermined direction to bring the cover into a state of exposing the measurement unit in the predetermined period.
However, Jang teaches in the same field of endeavor of welding device comprising a driving unit (operating cylinder 26) configured to drive a support member (cover 25) supporting a cover portion (cover components 25 a) to move the support member (cover 25) in a predetermined direction to bring the cover into a state of covering interior elements when the weld bead is formed, and drive the support member to move the support member in a direction opposite to the predetermined direction to bring the cover into a state of exposing interior elements in the predetermined period (see para.[0026] “The cover 25 may be configured to be adjusted by an operating cylinder 26 to retract and advance in a horizontal direction on an exterior circumferential surface of the inspection block 21.”).
It would have been obvious to one of ordinary skill in the art before the effective filling date the claimed invention was made to modify the welding device by adding a driving unit configured to drive a support member to retract and advance, so that the measurement positioned in a cover portion can be covered and exposed by the movement of the support member, in order to prevent an introduction of an external foreign object and facilitate cleaning the sensor.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Nakanishi and Jang in view of Miyazaki (US 2021/0078117).
Regarding claims 2-3, the modification of Nakanishi and Jang does not explicitly teach the driving unit is configured to drive the support member using compressed air; a supply unit configured to supply compressed air used when another tool is used instead of the welding torch, wherein the driving unit is configured to drive the support member using the compressed air supplied by the supply unit.
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However, Miyazaki teaches in the same field of endeavor of a welding device comprising the driving unit (air cylinder 22) is configured to drive a support member (supporter 23) using compressed air (air cylinder uses compressed air to push/pull motion.); a supply unit (air supplier; para.[0023]) configured to supply compressed air used when another tool is used instead of the welding torch (see para.[0023] “ the cylinder 22 b is supplied with air from an air supplier (not shown)”), wherein the driving unit (air cylinder 22) is configured to drive the support member (supporter 23) using the compressed air supplied by the supply unit (see fig.3, air cylinder 22 is capable to drive supporter 23).
It would have been obvious to one of ordinary skill in the art before the effective filling date the claimed invention was made to modify the welding device of the modification of Nakanishi and Jang by replacing the cylinder of the modification of Nakanishi and Jang with the air cylinder and an air supplier as taught by Miyazaki, in order to perform the function with a desired type cylinder, since a simple substitution of one known element for another to obtain predictable results involves only routine skill in the art (MPEP 2143).
Conclusion
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 CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
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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/CHRIS Q LIU/Primary Examiner, Art Unit 3761
