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 Arguments
Applicant's arguments filed 2/11/2026 have been fully considered but they are not persuasive. The Applicant argues that Wiryadinata et al. U.S. PGPub 2014/0251965 does not disclose a "weld monitoring station... [that] receive[s] welding data from [a] welding device ..., determine[s] whether a threshold amount of time has passed... with no further welding data being received, and in response to determining the threshold amount of time has passed, send[s] a disable command to the welding device....". The Applicant asserts that Wiryadinata does not disclose specifying that the supervising circuitry 14 sends a disable command to the torch 16 after the delay period passes with no further actuation of the torch trigger. The Examiner respectfully disagrees. Wiryadinata states,
“Entering the accessory mode may start a timer. The supervising circuitry determines (node 156) whether a weld signal is received prior to timer increasing to be substantially equal to the idle delay period. If the weld signal is received, the timer is reset (block 157) and the supervising circuitry re-enters the welding mode (block 152). If the weld signal is not received and the value of the timer is approximately equal to the idle delay period, then the supervising circuitry enters the monitoring mode (block 158).
In the monitoring mode, the supervising circuitry may stop distributing the input power to all the power supplies except for the background power supply and certain power supplies (e.g., auxiliary power supply) selected by the operator to remain turned on. In some embodiments of the monitoring mode, the supervising circuitry may only distribute the input power as the background power to the background power supply. Entering the monitoring mode may restart the timer or compare the timer to a different period (e.g., monitoring delay period). The supervising circuitry may determine (node 160) whether a weld signal is received prior to the timer increasing to be substantially equal to the monitoring delay period. If the weld signal is received, the timer is reset (block 157) and the supervising circuitry re-enters the welding mode (block 152). If the weld signal is not received and the timer is substantially equal to the monitoring delay period, then the supervising circuitry may shut down (block 162) the welding power source or remain in monitoring mode (block 158) (¶39-40).”
“In some embodiments of the monitoring modes 198 or 202, the supervising circuitry may transition to a shut down mode 204 at a time t.sub.10 after a monitoring delay 206 from entering the second monitoring mode 202. In the shut down mode 204, the supervising circuitry may turn off the background power supply to shut down the welding power source. In the shut down mode 204, the supervising circuitry may turn off each component of the welding power source. The monitoring delay 204 may be less than approximately 1, 5, 10, 15, 30, 60, or 90 minutes or more. The operator may adjust and/or eliminate the monitoring delay 204 via the operator interface. The duration of the monitoring delay 204 may also be defined in the supervising circuitry (¶47).”
First, the Examiner notes that a torch does not have to be part of the "welding device" since the independent claims state a welding device "comprising a gas supply, a wire feeder, a welding torch, or a welding-type power supply". The Examiner asserts that Wiryadinata discloses circuitry configured to "determine whether a threshold amount of time (e.g. time t₁₀) has passed since an end of the first time period (e.g. monitoring delay) with no further welding data being received (i.e. no weld signal received) (e.g. ¶39-40), and in response to determining the threshold amount of time has passed, send a disable command (e.g. shutdown mode, turning off each component of the welding power source) to the welding device (e.g. ¶47). For at least these reasons, the rejection is maintained.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 5-10, 12-17, 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 7-10, 14, 16 and 17 of U.S. Patent No. 12,042,887. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims contain all the limitations of the instant application.
Instant Application
U.S. Patent 12,042,887
1. A weld monitoring station, comprising: communication circuitry configured for communication with a welding device, the welding device comprising a gas supply, a wire feeder, a welding torch, or a welding-type power supply configured to receive input power and convert the input power to welding-type output power for use by the welding torch in a welding-type operation; processing circuitry; and memory circuitry comprising computer readable instructions which, when executed, cause the processing circuitry to: receive welding data from the welding device during a first time period, via the communication circuitry, determine whether a threshold amount of time has passed since an end of the first time period with no further welding data being received, and in response to determining the threshold amount of time has passed, send a disable command to the welding device, via the communication circuitry.
1. A weld monitoring station, comprising: communication circuitry configured for communication with a welding device; processing circuitry; and memory circuitry comprising computer readable instructions which, when executed, cause the processing circuitry to: receive welding data from the welding device during a first time period, via the communication circuitry… determine whether a threshold amount of time has passed since an end of the first time period with no further welding data being received, in response to determining the threshold amount of time has passed… send a disable command to the welding device, via the communication circuitry…
3. The weld monitoring station of claim 1, wherein the welding device comprises the gas supply, the wire feeder, or the welding torch.
2. The weld monitoring station of claim 1, wherein the disable command is indicative of a command to disable the welding device from conducting further welding-type operations.
2. The weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to record the welding data in a data repository, and associate the welding data with the first time period in the data repository.
3. The weld monitoring station of claim 1, wherein the welding device comprises the gas supply, the wire feeder, or the welding-type power supply.
3. The weld monitoring station of claim 1, wherein the welding device comprises the gas supply, the wire feeder, or the welding torch.
5. The weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to record the welding data in a data repository, and associate the welding data with the first time period in the data repository.
2. The weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to record the welding data in a data repository, and associate the welding data with the first time period in the data repository.
6. The weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to: in response to receiving a downtime activity: define a second time period beginning at the end of the first time period, record the downtime activity in a data repository, and associate the downtime activity with the second time period in the data repository.
3. The weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to: receive a downtime activity, and in response to receiving the downtime activity: define a second time period beginning at the end of the first time period, record the downtime activity in a data repository, associate the downtime activity with the second time period in the data repository…
7. The weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to: in response to determining the threshold amount of time has passed, determine a downtime exists, and in response to receiving a downtime activity, send an enable command to the welding device, via the communication circuitry.
1. …in response to determining the threshold amount of time has passed, determine a downtime exists…
3. …and send an enable command to the welding device, via the communication circuitry…
8. A weld monitoring method, comprising: receiving welding data from a welding device during a first time period, via communication circuitry, the welding data relating to a welding-type operation, and the welding device comprising a gas supply, a wire feeder, a welding torch, or a welding-type power supply configured to receive input power and convert the input power to welding-type output power for use by the welding torch in a welding-type operation; determining, via processing circuitry, whether a threshold amount of time has passed since an end of the first time period with no further welding data being received; in response to determining the threshold amount of time has passed, sending a disable command to the welding device, via the communication circuitry.
7. A method of tracking activity during a welding session, comprising: receiving welding data from a welding device during a first time period, via communication circuitry, the welding data relating to a welding-type operation; determining, via processing circuitry, whether a threshold amount of time has passed since an end of the first time period with no further welding data being received; in response to determining the threshold amount of time has passed… sending a disable command to the welding device, via the communication circuitry…
10. The method of claim 7, wherein the welding data comprises data pertaining to operation of a welding-type power supply, a gas supply, a wire feeder, or a welding torch.
9. The method of claim 8, wherein the disable command is indicative of a command to disable the welding device from conducting further welding-type operations.
…sending a disable command to the welding device, via the communication circuitry, the disable command being indicative of a command to disable the welding device from conducting further welding-type operation…
10. The method of claim 8, wherein the welding device comprises the gas supply, the wire feeder, or the welding torch.
10. The method of claim 7, wherein the welding data comprises data pertaining to operation of a welding-type power supply, a gas supply, a wire feeder, or a welding torch.
12. The method of claim 8, further comprising recording the welding data in a data repository; and associating the welding data with the first time period in the data repository.
8. The method of claim 7, further comprising recording the welding data in a data repository and associating the welding data with the first time period in the data repository.
13. The method of claim 8, further comprising: in response to receiving a downtime activity: defining a second time period beginning at the end of the first time period, recording the downtime activity in a data repository, and associating the downtime activity with the second time period in the data repository.
9. The method of claim 7, further comprising: receiving the downtime activity; and in response to receiving the downtime activity: defining a second time period beginning at the end of the first time period, recording the downtime activity in a data repository, associating the downtime activity with the second time period in the data repository…
14. The method of claim 8, further comprising: in response to determining the threshold amount of time has passed, determining a downtime exists; and in response to receiving a downtime activity, sending an enable command to the welding device, via the communication circuitry.
7. …in response to determining the threshold amount of time has passed, determining a downtime exists…
9. …and sending an enable command to the welding device, via the communication circuitry…
15. A weld monitoring system, comprising: a welding device having one or more sensors configured to detect welding data relating to a welding-type operation of the welding device, the welding device comprising a gas supply, a wire feeder, a welding torch, or a welding-type power supply configured to receive input power and convert the input power to welding-type output power for use by the welding torch in a welding-type operation; and a weld monitoring station in communication with the welding device, the weld monitoring station comprising communication circuitry configured for communication with the welding device, processing circuitry, and memory circuitry comprising computer readable instructions which, when executed, cause the processing circuitry to: receive the welding data from the welding device during a first time period, via the communication circuitry, determine whether a threshold amount of time has passed since an end of the first time period with no further welding data being received, and in response to determining the threshold amount of time has passed, send a disable command to the welding device, via the communication circuitry.
14. A weld monitoring system, comprising: a welding device having one or more sensors configured to detect welding data relating to a welding-type operation of the welding device; and a weld monitoring station in communication with the welding device, the weld monitoring station comprising communication circuitry configured for communication with the welding device, processing circuitry, and memory circuitry comprising computer readable instructions which, when executed, cause the processing circuitry to: receive the welding data from the welding device during a first time period, via the communication circuitry, determine whether a threshold amount of time has passed since an end of the first time period with no further welding data being received, in response to determining the threshold amount of time has passed, determine a downtime exists, and send a disable command to the welding device, via the communication circuitry…
17. The weld monitoring system of claim 14, wherein the welding data comprises data pertaining to operation of a welding-type power supply, a gas supply, a wire feeder, or a welding torch.
16. The something of claim 15, wherein the disable command is indicative of a command to disable the welding device from conducting further welding-type operations.
14. … send a disable command to the welding device, via the communication circuitry, the disable command being indicative of a command to disable the welding device from conducting further welding-type operations…
17. The something of claim 15, wherein the welding device comprises the gas supply, the wire feeder, or the welding torch.
17. The weld monitoring system of claim 14, wherein the welding data comprises data pertaining to operation of a welding-type power supply, a gas supply, a wire feeder, or a welding torch.
19. The something of claim 15, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to: record the welding data in a data repository, associating the welding data with the first time period in the data repository, and in response to receiving a downtime activity: define a second time period beginning at the end of the first time period, record the downtime activity in the data repository, and associate the downtime activity with the second time period in the data repository.
16. The weld monitoring system of claim 14, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to: receive the downtime activity, and in response to receiving the downtime activity: define a second time period beginning at the end of the first time period, record the downtime activity in a data repository, associate the downtime activity with the second time period in the data repository…
20. The something of claim 15, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to: in response to determining the threshold amount of time has passed, determine a downtime exists, and in response to receiving a downtime activity, send an enable command to the welding device, via the communication circuitry.
14. …in response to determining the threshold amount of time has passed, determine a downtime exists, and send a disable command to the welding device, via the communication circuitry,
16. …and send an enable command to the welding device, via the communication circuitry…
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wiryadinata et al. U.S. PGPub 2014/0251965 (hereinafter “Wiryadinata”).
Regarding claims 1, 8 and 15, Wiryadinata discloses a weld monitoring station, comprising: communication circuitry configured for communication with a welding device (e.g. Fig. 1-2), the welding device comprising a gas supply (e.g. Fig. 1, #46), a wire feeder (e.g. ¶26), a welding torch (e.g. Fig. 1-2, #16)), or a welding-type power supply (e.g. Fig. 1-2, #24, 26, 34 and 38) configured to receive input power and convert the input power to welding-type output power for use by the welding torch in a welding-type operation (e.g. ¶11-12, 14-17 and 34-35; Fig. 1-2); processing circuitry (e.g. supervisory circuitry) (e.g. ¶11-12, 14-17 and 34-35; Fig. 1-2); and memory circuitry comprising computer readable instructions which (e.g. ¶11-12, 14-17 and 34-35; Fig. 1-2), when executed, cause the processing circuitry to: receive welding data (e.g. weld signal) from the welding device during a first time period (e.g. idle delay period or monitoring delay period), via the communication circuitry (e.g. ¶36, 39, 40 and 47; Fig. 1-2), determine whether a threshold amount of time has passed since an end of the first time period (e.g. idle delay period or monitoring delay period of time exceeded) with no further welding data being received (e.g. ¶36, 39, 40 and 47; Fig. 1-2), and in response to determining the threshold amount of time has passed, send a disable command (e.g. shut down command) to the welding device, via the communication circuitry (e.g. ¶36, 39, 40 and 47; Fig. 1-2).
Regarding claims 2, 9 and 16, Wiryadinata discloses the weld monitoring station of claim 1, wherein the disable command is indicative of a command to disable the welding device from conducting further welding-type operations (e.g. ¶36, 39, 40 and 47; Fig. 1-2).
Regarding claims 3, 10 and 17, Wiryadinata discloses the weld monitoring station of claim 1, wherein the welding device comprises the gas supply, the wire feeder, or the welding-type power supply (e.g. ¶11-12, 14-17 and 34-35; Fig. 1-2).
Regarding claims 4, 11 and 18, Wiryadinata discloses the weld monitoring station of claim 1, wherein the welding data is representative of an input voltage or an input current of the input power received by the welding-type power supply, an output voltage or an output current of the welding-type output power output by the welding-type power supply or received by the welding torch (e.g. ¶11-13 and 15; Fig. 1-2), a wire feed velocity or a type of wire fed by the wire feeder, a gas type or a gas flow rate of the gas supply, activation of the welding torch (e.g. ¶11-13 and 15; Fig. 1-2), or clamping of a clamp.
Regarding claims 5 and 12, Wiryadinata discloses the weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to record the welding data in a data repository, and associate the welding data with the first time period in the data repository (e.g. ¶11-12, 14-17 and 34-35; Fig. 1-2).
Regarding claims 6, 13 and 19, Wiryadinata discloses the weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to: in response to receiving a downtime activity (e.g. shut down welding power source): define a second time period (e.g. idle delay period or monitoring delay period) beginning at the end of the first time period (e.g. ¶36, 39, 40 and 47; Fig. 1-2), record the downtime activity (e.g. storing control parameters/settings) in a data repository (e.g. ¶15, 34), and associate the downtime activity with the second time period in the data repository (e.g. ¶15, 34).
Regarding claims 7, 14 and 20, Wiryadinata discloses the weld monitoring station of claim 1, wherein the memory circuitry comprises computer readable instructions which, when executed, further cause the processing circuitry to: in response to determining the threshold amount of time has passed, determine a downtime exists (e.g. shut down command) (e.g. ¶11-12, 14-17 and 34-35; Fig. 1-2), and in response to receiving a downtime activity, send an enable command (e.g. turning on power supply) to the welding device, via the communication circuitry (e.g. ¶36 and 45).
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 CHARLES R KASENGE whose telephone number is (571)272-3743. The examiner can normally be reached Monday - Friday 7:30am to 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached on (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CK
March 24, 2026
/CHARLES R KASENGE/Primary Examiner, Art Unit 2116