DETAILED ACTION
Election/Restrictions
Claims 21-57 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/26/2026.
Drawings
The drawings are objected to because:
FIG. 2B appears to contain administrative errors, which could be changed to:
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FIG. 20A fails to correspond to its description (on page 55 of the specification). FIG. 20A lacks number designators corresponding to the description.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure (specification) is objected to because of administrative errors. Going forward with examination, the following specification paragraphs are interpreted to be (Note that in applicant’s response, where a change is requested in the specification, an entire paragraph of the specification containing the change will be needed):
Paragraph beginning on page 48, line 6:
--The comparison of the processed results with the acquired data streams, signal traces, produces a selector waveform that shows which sample came from which stream. A selector can be used for the original RF streams to create the processed RF stream and thereby allow for FMC data acquisition and processing.--
Paragraph beginning on page 61, line 1:
--As an alternative, or additional to this first approach using labelled data and supervised learning, it is possible to reduce or avoid the need for library type data and/or supervised learning, by making use of the ability of neural networks to conduct clustering or grouping based processing [looking for similarities and/or anomalies in the data]. Various techniques, such as K-means clustering exist which enable centroids for clusters to be established and degrees of certainty with distance established around those. Multiple other clustering approaches apply. These could be used to establish the acceptable area 800 and/or threshold 804 position and modify it with increased data and learning, without the need for a large library of labelled data to start with.--
Furthermore, the following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
…
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
Appropriate correction is required.
Claim Objections
Claims 19-20 are objected to because of administrative errors. Going forward with examination, the claims are interpreted to be:
--19. The method of claim 16, wherein the method further includes, if the comparing of the measured temperature distribution position with the modelled temperature distribution position establishes that the modelled temperature distribution is a sufficient fit for the measured temperature distribution, calculating a characteristic of the emitted ultrasound wave during transit of at least a part of the substrate and/or weld.--
--20. Apparatus for providing an inspection of a weld, the apparatus comprising:
a) weld inspection apparatus, in use provided in proximity with a weld on a substrate to be inspected, wherein the substrate is provided at an elevated temperature state above ambient temperature by heating during the inspection;
b) the weld inspection apparatus being adapted to:
a. emitting an ultrasound wave into a volume of the substrate and weld;
b. receiving at least a part of the ultrasound wave back from the substrate and weld, thereby acquiring multiple signal sets;
the welding apparatus includes one or more processors, including a processor with inputs for one or more of the multiple signal sets, the processor providing a correction to the inputted one or more of the multiple signal sets to provide corrected weld inspection data, wherein the processor applies a correction for temperature within the volume of the substrate and/or the weld, at the elevated temperature.--
Appropriate correction is required.
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 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.
Claims 1-9, 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizota et al. (JP 2016114570 A; hereinafter “Mizota.” Mizota is a PCT “X” reference listed in an IDS filed on 6/18/2024. This Office action provides a machine translation of Mizota).
Mizota teaches:
1. A method of providing an inspection of a weld (or any part, e.g., a heat source, that may cause a temperature distribution), the method comprising (See figs. 1, 4, reproduced below):
a) providing weld inspection apparatus (= ultrasonic sensor 2) in proximity with a weld 6 (being a heat source 6) on a substrate (3) to be inspected;
b) conducting the inspection, wherein the substrate (3) is provided at an elevated temperature state above ambient temperature by heating during the inspection (e.g., caused by a welding torch in contact with the substrate 3 to create a hot weld or the heat source 6; Translation Pars. 0001-0004, 0016), the conducting of the inspection including:
a. emitting an ultrasound wave (4) into a volume of the substrate (3) and weld 6 (as shown in at least fig. 1);
b. receiving at least a part of the ultrasound wave back from the substrate (3) and weld (6), thereby acquiring multiple signal sets (Fig. 4; Pars. 0003, 0022-0023);
c) processing one or more of the multiple signal sets to provide weld inspection data; wherein the processing includes a correction for temperature distribution within the volume of the substrate (3) and/or the weld (6), at the elevated temperature (Fig. 4; Pars. 0003, 0022-0023. See Note below).
Note: Aligning with the present invention, Mizota anticipates that temperature of a substrate 3 has an impact upon a speed of sound within the substrate 3. A temperature differential in the substrate 3 would bend a sound wave transmitted in the substrate 3 (according to Snell’s law), and hence can negatively impact upon a quality of an inspection of the substrate 3 when using the ultrasonic sensor 2.
The substrate 3 may be have a hot weld 6 that creates temperature differential regions essentially divided by isotherm 5 and having a temperature distribution of T1, T2, T3, T4, etc., within the substrate 3 (as shown in fig. 1). During an inspection, the ultrasonic sensor 2 emits an ultrasound wave 4 transmitted into the substrate 3 and receives an ultrasound wave reflected from the substrate 3 as a signal set (shown in fig. 4). A defect C in the substrate 3 can be imaged and/or located by processing the signal set using theoretically determined temperature differentials (or measured temperatures) in the substrate 3 and theoretically known speeds of sound in the temperature differential regions.
As shown in fig. 4, the defect C can be accurately imaged and/or located after correction of the signal set.
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2. The method of claim 1, wherein the correction includes, the path of at least a part (B1-B2) of the ultrasound wave (4) into the volume of the substrate (3) and weld (6) being corrected to give a corrected path (as is evident from the discission above in claim 1. See fig. 1; Par. 0020-0021).
3. The method of claim 2, wherein the part of the ultrasound wave (4) has path characteristics (M0) in a media element (shoe 8) before the part of the ultrasound wave (4) enters a first element (having T4) of the substrate (3), the first element (having T4) has a temperature (T4) within the temperature distribution for the volume of the substrate (3) and/or weld (6), temperature-corrected path characteristics (B0-B1) being determined for the part of the ultrasound wave (4) in the first element (having T4), the temperature-corrected path characteristics (B0-B1) being based upon the change in temperature between the media element (shoe 8) and the first element (See fig. 1; Par. 0023).
4. The method of claim 2, wherein the part of the ultrasound wave (4) has path characteristics (B0-B1) in a first element (having T4) of the substrate (3), the first element (having T4) has a temperature (T4) within the temperature distribution for the volume of the substrate (3) and/or weld (6), the path characteristics (B1-B2) taking the path of the part of the ultrasound wave (4) to a second element (having T3), the second element (having T3) has a temperature (T3) within the temperature distribution for the volume of the substrate (3) and/or weld (6), temperature-corrected path characteristics (B1-B2) being determined for the part of the ultrasound wave (4) in the second element (having T3), the temperature-corrected path characteristics (B1-B2) being based upon the change in temperature between the first element and the second element (See fig. 1; Par. 0023).
5. The method of claim 4, wherein temperature-corrected path characteristics are determined for each element (having T4, T3, T2, or T1) that the part of the ultrasound wave (4) passes through in the substrate (3) and/or weld 6 (See fig. 1; Par. 0023).
6. The method of claim 3, wherein the change in temperature is expressed as a change in the speed of sound between the speed of sound in one element and the speed of sound in the next element (as is evident from the discussion above in claim 1).
7. The method of claim 1, wherein a plurality of different parts (B0-B1, B1-B2, B2-B3) of the ultrasound wave (4) into the volume of the substrate (3) and weld (4) are corrected to give a corrected path (See fig. 1; Par. 0023).
8. The method of claim 1, wherein a region of interest is selected (around the weld or heat source 6), the region of interest being within the volume of the substrate (3) and weld (6) that the ultrasound wave (4) has passed through, the region of interest being sub-divided into locations (having T1, T2, T3, T4, etc.), such as pixels (or isotherms 5; Fig. 1), the method applying a correction for a location, such as a pixel (or isotherm 5. See the discussion above in claim 1; Pars. 0019-0023).
9. The method according to claim 1, wherein the method includes a correction for one or more locations (C), such as pixels, that emitted ultrasound beams (4) do not pass through based upon the calculated or observed correction for a location that an emitted beam (4) does pass through (as is evident from the discussion above in claim 1. See fig. 1 which shows a corrected defect location C that emitted ultrasound beams 4 do not pass through because the ultrasound beam 4 is bent at least from a straight line B0-B1 and/or B1-B2 according to Snell’s law).
16. The method of claim 1, wherein the method includes providing a thermal model and generating, using the thermal model, a modelled temperature distribution position for at least a part of the substrate (3), with the elevated temperature state, the part of the substrate (3) including the volume (such a thermal model may be based on known surrounding temperature, heat input, voltage and time with reference to a welding program of a welding machine; Pars. 0025, 0039).
17. The method of claim 16, wherein the method includes measuring the temperature at a plurality of locations (by using temperature sensor 25 and temperature monitoring unit 26; Par. 0043), with the substrate (3) at the elevated temperature, to obtain a measured temperature distribution position, the method further including comparing the measured temperature distribution position with the modelled temperature distribution position (as the method may provide both the thermal model and the temperature sensor).
19. The method of claim 16, wherein the method further includes, if the comparing of the measured temperature distribution position with the modelled temperature distribution position establishes that the modelled temperature distribution is a sufficient fit for the measured temperature distribution, calculating a characteristic (refraction according to Snell’s law) of the emitted ultrasound wave (4) during transit of at least a part of the substrate (3) and/or weld 6 (as is evident from the discussion above in claim 1).
20 (essentially equivalent to claim 1).
Apparatus for providing an inspection of a weld, the apparatus comprising:
a) weld inspection apparatus (2), in use provided in proximity with a weld 6 (being a heat source 6) on a substrate (3) to be inspected, wherein the substrate (3) is provided at an elevated temperature state above ambient temperature by heating during the inspection;
b) the weld inspection apparatus (2) being adapted to:
a. emitting an ultrasound wave (4) into a volume of the substrate (3) and weld (6);
b. receiving at least a part of the ultrasound wave back from the substrate (3) and weld (6), thereby acquiring multiple signal sets (Fig. 4; Pars. 0003, 0022-0023);
the welding apparatus (2) includes one or more processors (inherent structures), including a processor with inputs for one or more of the multiple signal sets, the processor providing a correction to the inputted one or more of the multiple signal sets to provide corrected weld inspection data, wherein the processor applies a correction for temperature within the volume of the substrate (3) and/or the weld (6), at the elevated temperature (See discussion above in claim 1).
Allowable Subject Matter
Claims 10-15 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following would be a statement for indication of an allowable subject matter:
With respect to claim 10, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “…wherein the correction is based upon the calculated or observed position for a plurality of locations on a first emitted beam and a plurality of locations on a second emitted beam.”
With respect to claim 11, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “…wherein the correction for a location is a weighted combination of the correction for one or more other locations, for instance one or more other locations that an emitted beam has passed through.”
With respect to claim 12, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “…wherein the correction for a location is weighted according to the fraction of the distance, between a location on the first beam and a location on the second beam, that the location occurs at.”
With respect to claim 13, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “…wherein the correction for a location is weighted according to the fraction of the distance, between a first location on the first beam and a second location on the first beam, that the location occurs at.”
With respect to claim 14, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “…wherein the results set includes one or more measured indications of geometry of the substrate and/or weld groove and/or weld, wherein the method further includes a comparison of the measured indications of geometry with a modelled indications of geometry, wherein if the comparing of the measured indications of geometry with the modelled indications of geometry establishes that the measured indications of geometry is a sufficient fit for the modelled indications of geometry, accepting the imaging of the region of interest.”
With respect to claim 15, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “…wherein the results set includes one or more measured indications of geometry of the substrate and/or weld groove and/or weld, wherein the method further includes a comparison of the measured indications of geometry with a modelled indications of geometry, wherein if the comparing of the measured indications of geometry with the modelled indications of geometry establishes that the measured indications of geometry is an insufficient fit for the modelled indications of geometry, the temperature distribution used in the correction for temperature distribution within the volume of the substrate and/or the weld, at the elevated temperature is redetermined.”
With respect to claim 18, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “…wherein the method further includes, if the comparing of the measured temperature distribution position with the modelled temperature distribution position establishes that the modelled temperature distribution is an insufficient fit for the measured temperature distribution, revising the thermal model and/or the modelled temperature distribution position and re-comparing.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nguyen (Wyn) Q. Ha whose telephone number is (571) 272-2863, email: nguyenq.ha@uspto.gov. The examiner can normally be reached Monday - Friday 8 am - 4:30 pm (Eastern Time).
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/Nguyen Q. Ha/Primary Examiner, Art Unit 2853 July 17, 2026
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