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 preliminary amendment to the claims on 07/09/2024 has been entered. As directed by the amendment: claims 6, 14, 18, 22, and 24 are cancelled. Claims 3 – 5, 6 – 13, 15 – 17, 19 – 21, 23 and 25 are amended. Thus claims 1 – 5, 7 – 13, 15 – 17, 19 – 21, 23 and 25 are pending.
Claim Objections
Regarding claims 1, 4, 9 – 10 and 25, these claims are objected to because of the following informalities: these claims recite chemical symbols Pb, Ag, Ca, Sb, Sn and Ar for the elements without reciting the actual words. Although it is understood chemical element can be represented by their chemical symbols, writing out the words in addition to the chemical symbols (e.g. “lead (Pb)”) is suggested for the clarity of the claims. Appropriate correction is required.
Regarding claim 11, this claim recites “…wherein the first metal and/or the second metal is according to UNS L50000 to L50099, UNS L50100 to L50199, UNS L54000 to L55099, UNS L52500 to L53799 or L50700 to L50899.” Even though, the acronym “UNS” is understood to mean Unified Numbering System designation for different Lead alloys (please see Table 4 on page 14 of the specification) it is not defined in the claim. Thus, the examiner suggests defining it for the clarity of the claim. Appropriate correction is required.
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.
Claim 16 is 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.
Regrading claim 16, this claim recites “…arc welding comprises providing a protective atmosphere comprising, substantially comprising, essentially comprising or consisting of Ar and unavoidable impurities, or comprising, substantially comprising, essentially comprising or consisting of Ar + 1 to 5% H2 and unavoidable impurities” and it is not clear what the transition phrases “substantially comprising, essentially comprising” represent and how they are different from “comprising”. The specification, while it defines “consists essentially of” or “consisting essentially of” and explains their meaning in relation to “Comprising”, please see page 42 lines 1 – 18, failed to ascertain the meaning of the transition phrases “substantially comprising, essentially comprising”. This renders the claim indefinite.
Further, it is not clear whether the term “Ar + 1 to 5% H2” is meant to say Ar and additionally 1 to 5 % of H2 or has a different meaning (e.g. chemical formula). The specification does not ascertain the meaning of the expression, rendering the claim indefinite.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1 – 5, 7 – 8, 12 – 13, 15 – 16, 19 – 21, 23 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian et al. (CN 1397402 A, cited in the IDS on 07/11/2024), hereinafter “Qian”, in view of, Jing et al. (CN 109202227 A) and hereinafter “Jing”.
Regarding claim 1, Qian disclose a method of joining a first metal and a second metal, wherein the first metal comprises Pb in an amount of at least 50 wt.% by weight of the first metal (a welding process of electrode posts (first metal) to a fixture/grid (second metal) for a lead-acid battery, (0002 – 0010) *Note here- lead-acid batteries are known to have pure lead(Pb) metal plates for electrode posts and lead alloys for fixtures/grids of the battery, thus, pure lead (Pb) electrodes and lead-alloy fixtures are being welded here), the method comprising:
fusing the first metal and the second metal using non-consumable electrode arc welding; (the electrode posts and the grid fixtures are welded together by implementing a direct-flow argon gas tungsten electrode arc welding (GTAW), (0007 and 0010), GTAW is a non-consumable electrode arc welding).
Qian does not explicitly teach that the fusing the first metal and the second metal using the non-consumable electrode arc welding comprises: starting an arc of the non-consumable electrode arc welding on a third metal; and moving the started arc from the third metal to the first metal and/or to the second metal.
However, Jing that relates to welding method using tungsten inert gas shield arc welding (GTAW/TIG), (0004), also teaches striking arc on a test plate before formal welding and briefly pausing the arc to a preheat level and proceeding the welding process on two butted workpieces, (0020, 0045 – 0050). This allows a smooth initial arc flow in the welding process of the workpieces and avoids defects such as porosity, cracks, and lack of fusion at the root, which affects the overall quality of the welded joint, (0004).
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 fusing of the first metal and the second metal using the non-consumable electrode arc welding of Qian to include starting the arc of on a third metal and moving the started arc from the third metal to the first metal and/or to the second metal in order to produce a smooth fusing of the lead parts producing a quality weld joint as taught in Jing. POSITA appraised of Jing’s teaching of starting the arc on a test plate before moving to welding the workpieces in order to start with a smooth initial arc that produces quality weld joint free from defects would naturally and routinely include such a step, with a reasonable expectation of success, in the welding process of Qian in order to produce a quality weld joint free from defects between the lead electrode posts and the grid fixtures of the lead-acid battery.
Regarding claim 2, Qian in view of Jing teaches the method according to claim 1, wherein the third metal is electrically coupled to the first metal and/or wherein the third metal is electrically coupled to the second metal (the welding process is carried out by providing arc ignition current and welding current from a welding power supply, Jing (0019 and 0040), thus, the test plate and the two metal workpieces are electrically coupled).
Regarding claim 3, Qian in view of Jing teaches the method according to claim 1, wherein the first metal and the third metal are mutually spaced apart and/or wherein the second metal and the third metal are mutually spaced apart (the test plate for arc ignition is separate from the two metal workpieces to be welded, Jing (0010,0031 and 0045)).
Regarding claims 4 and 5, Qian in view of Jing teaches the method according to claim 1, wherein pure Pb electrodes are welded onto lead alloy grids of a lead-acid battery, Qian (0002 – 0010) and wherein an arc is started on a test plate, before performing the main welding on the two aluminum-magnesium alloy metal workpieces, Jing (0029, 0031, 0041 and 0045).
Qian in view of Jing don not explicitly teach wherein the arc starting test plate (third metal) comprises Pb in an amount of at most 25 wt.%, (claim 4), comprises and/or is: a steel; an aluminum alloy; a magnesium alloy; a copper alloy; and/or a titanium alloy, (claim 5).
However, selecting the arc starting test plate to be suitably of similar composition of the metals to be welded, lead, lead alloy, aluminum-magnesium alloys is within ordinary skill in the art, since it is held that selection of a known material based on its suitability for its intended use is considered is obvious over a prior art, MPEP 2144.07.
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to select the arc starting test plate (third plate) of similar composition of the metals to be welded, lead, lead alloy, an aluminum alloy or a magnesium alloy as doing so is considered selection of a known material based on its suitability for its intended use held obvious over the prior art. POSITA would easily and routinely select the third metal (arc starting test plate) to be of similar compositions of the metals to be welded, lead, lead alloy, an aluminum alloy or a magnesium alloy.
Regarding claim 7, Qian in view of Jing teaches the method according to claim 1, wherein a ratio of a rate of non-consumable electrode arc welding of the third metal to a rate of non-consumable electrode arc welding of the first metal and the second metal is in a range from 10:1 to 1:10, (welding speed parameter is given to be 12 – 15 cm/mm, Jing(0040) , thus, the ratio the welding speed for the arc starting on the test plate and the welding of the metal workpieces is the same or 1:1 which is in the claimed range)
Regarding claim 8, Qian in view of Jing teaches the method according to claim 1, wherein a ratio of a rate of moving the started arc from the third metal to the first metal and/or to the second metal to a rate of non-consumable electrode arc welding of the first metal and the second metal is in a range from 50:1 to 1:1(after the arc start or ignition on the test plate (third metal), the arc is transferring to welding the metal workpieces, Jing (0020, 0045 – 0050), thus, suggests the transfer or moving rate of the arc is the same as the welding rate 1:1 which is in the claimed range. Further, one of ordinary skill in the art would easily and routinely adjust the timing of the moving rate of the arc from the test plate to the welding workpieces as the welding conditions require).
Regarding claim 12, Qian in view of Jing teaches the method according to claim 1, wherein the method comprises preparing a butt joint between the first metal and the second metal (Qian ‘s electrode posts are butt jointed to the grid (fixtures) in lead-acid batteries and see Jing’s FIG. 1 and 2 showing the two metal pieces to be welded in a butt joint).
Regarding claim 13, Qian in view of Jing teaches the method according to claim 1, wherein the non- consumable electrode arc welding comprises non-consumable electrode arc welding the first metal and the second metal without welding backing or comprises non-consumable electrode arc welding the first metal and the second metal in a flat position (the electrode posts(terminals) and the grid (fixtures) are mutually aligned (flat position) and the tungsten electrode is rotated around evenly on the alignment to perform semi-automatic welding around the post electrodes (terminals), Qian (0010)).
Regarding claim 15, Qian in view of Jing teaches the method according to claim 1, wherein the non- consumable electrode arc welding comprises non-consumable electrode arc welding at a rate of from 1 to 100 mm s-1 (a welding speed of 11–17 cycles/ second for a pulse width of 30 – 44 mm is disclosed, Qian (0007)).
Regarding claim 16, Qian in view of Jing teaches the method according to claim1, wherein the non- consumable electrode arc welding comprises providing a protective atmosphere comprising, substantially comprising, essentially comprising or consisting of Ar and unavoidable impurities, or comprising, substantially comprising, essentially comprising or consisting of Ar + 1 to 5% H2 and unavoidable impurities (tungsten electrode arc welding uses inert argon (Ar) gas for protective atmosphere with a flow rate of 5 – 8 liters per minute, Qian (0007- 0008 and 0010)).
Regarding claim 19, Qian in view of Jing teaches the method according to claim 1, wherein fusing the first metal and the second metal comprises autogenous fusing (Qian’s tungsten electrode arc welding is a non-consumable electrode arc welding, Qian (0007 and 0010), wherein no filler or consumable material is fused in the weld other than the two lead metal components, *Note here - “autogenous fusing” is interpreted to mean welding with two components without filler material involved).
Regarding claim 20, Qian in view of Jing teaches the method according to claim 1, wherein the non-consumable electrode arc welding comprises single pass welding or current control welding (a non-consumable electrode arc welding includes controlling the current between 80A - 145A, Qian (0007 and 0010)).
Regarding claim 21, Qian in view of Jing teaches the method according to claim1, wherein the non- consumable electrode arc welding is gas tungsten arc welding or plasma arc welding (the non-consumable electrode arc welding is a direct-flow argon gas tungsten electrode arc welding, Qian (0007 and 0010)).
Regarding claim 23, Qian in view of Jing teaches a component provided, at least in part, by joining according to the method of claim 1 (the welding process of electrode posts (first metal) to a fixture/grid (second metal) is to provide a lead-acid battery, Qian (0002 – 0010)).
Regarding claim 25, Qian in view of Jing teaches an apparatus for joining a first metal and a second metal, wherein the first metal comprises Pb in an amount of at least 50 wt.% by weight of the first metal, the apparatus comprising: a non-consumable electrode arc welding unit configured to perform the method according to claim 1 (a direct-flow argon gas tungsten electrode arc welding (GTAW) system configured to weld electrode posts (first metal) to a fixture/grid (second metal) for a lead-acid battery, Qian (0002- 0007))and GTAW system is a non-consumable electrode arc welding system).
Claim(s) 9 – 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian in view of Jing, in further view of, NPL titled “Lead Acid Batteries", by Christiana Honsbergand Stuart Bowden, a PDF copy included, and hereinafter “Stuart”.
Regarding claim 9, Qian in view of Jing teaches the method according to claim 1, wherein welding process of electrode posts (first metal) to a fixture/grid (second metal) for a lead-acid battery, Qian (0002 – 0010).
Qian in view of Jing do not explicitly teach wherein the first metal comprises Pb in an amount of at least 75 wt.%, and/or wherein the second metal comprises Pb in an amount of at least 50 wt.% by weight of the second metal.
However, Stuart that discuses lead-acid batteries (page 1, section 5.1), also teaches the anode and the cathode electrodes of lead-acid batteries can be pure lead (100% PB) or lead alloys of other elements that have the advantages of lower cost, increased strength and the ability to be deeply discharged for short period of time, (page 8, section 5.6.1).
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 electrode posts (first metal) of the lead-acid battery of Qian to be of lead (Pb) in an amount of at least 75 wt.% in order to provide lower cost, increased strength and lead-acid batteries that have the ability to be deeply discharged in short period of time as taught in Stuart.
Regarding claim 10, Qian in view of Jing in further view of Stuart teaches the method according to claim 1, wherein the first metal and/or the second metal consists of: Ag in an amount from 0.0 to 2 wt.%; Ca in an amount from 0.0 to 1 wt.%; Sb in an amount from 0.0 to 25 wt.%; Sn in an amount from 0.0 to 10 wt.%; and balance Pb and unavoidable impurities (main types of electrodes used in lead-acid batteries are: lead/antimony (Pb- Sb) alloy ,lead/calcium (Pb-Ca) alloys, and lead/antimony/calcium (Pb-Sb- Ca) alloys, Stuart (page 8, section 5.6.1),*Note here- the claimed wt.% includes 0. 0%. Thus, the broadest reasonable interpretation (BRI) of the claim suggests some of the elemental wt.% (in this case, Ag) may not be present in the claimed alloys).
Regarding claim 11, Qian in view of Jing in further view of Stuart teaches the method according to claim 1, wherein the first metal and/or the second metal is according to UNS L50000 to L50099, UNS L50100 to L50199, UNS L54000 to L55099, UNS L52500 to L53799 or L50700 to L50899 (the electrodes to be welded are according to lead/antimony (Pb- Sb) alloy, lead/calcium (Pb-Ca) alloys or lead/antimony/calcium (Pb-Sb- Ca) alloys, Stuart (page 8, section 5.6.1)).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian in view of Jing, in further view of Wang (US 4678718 A) and hereinafter “Wang”.
Regarding claim 17, Qian in view of Jing the method according to claim 1, wherein a non-consumable tungsten electrode arc welding is performed, Qian (0007 and 0010),
Qian in view of Jing do not explicitly teach the non- consumable electrode arc welding comprises using a thoriated tungsten electrode, comprising from 1.7 to 2.2 wt.% thorium, having a diameter in a range from 1.0 mm to 3.2 mm, a diameter at tip in a range from 0.125 mm to 1.5 mm, a taper length of from 1.5 to 3 times the diameter, a constant included angle in a range from 12o to 90o, and/or a pointed or a truncated tip.
However, Wang that relates to a kind of non-consumable electrode material and its usage (1:01 – 07), also teaches that the non- consumable electrode arc welding comprises using a thoriated tungsten electrode, comprising from 1.7 to 2.2 wt.% thorium (the non- consumable tungsten electrodes for arc welding are commonly thoriated to 1 – 2 % of thorium, (1: 08 – 15)) , having a diameter in a range from 1.0 mm to 3.2 mm (having electrode diameter o3f 2 – 5 mm, (see tables on column 5 – 7)) , a diameter at tip in a range from 0.125 mm to 1.5 mm (tip point diameter up to 1mm, (8: 60 – 62)), a taper length of from 1.5 to 3 times the diameter (nozzle/tapered/ length of 7mm, (6: 65 – 68)), a constant included angle in a range from 12o to 90o , and/or a pointed or a truncated tip (a constant includes angle of 40o of pointed tip, please see FIG 4).
Further, Wang discusses that such electrodes have the advantage of improved the electronic emitting power and improved brittleness capacity over other electrode counterparts, (2: 01 – 20).
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 non-consumable tungsten electrode for arc welding of Qian to include a thoriated tungsten electrode, comprising from 1.7 to 2.2 wt.% thorium, having a diameter in a range from 1.0 mm to 3.2 mm, a diameter at tip in a range from 0.125 mm to 1.5 mm, a taper length of from 1.5 to 3 times the diameter, a constant included angle in a range from 12o to 90o, and/or a pointed or a truncated tip in order to of improved the electronic emitting power and brittleness capacity of the electrode as taught in Wang.
Conclusion
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/DILNESSA B BELAY/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761