Prosecution Insights
Last updated: October 25, 2026
Application No. 18/830,177

Orbital Welding Apparatus

Final Rejection §103
Filed
Sep 10, 2024
Priority
May 07, 2020 — DE 102020112463.5 +2 more
Examiner
JENNISON, BRIAN W
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Illinois Tool Works Inc.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
1y 5m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
1058 granted / 1472 resolved
+1.9% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
49 currently pending
Career history
1534
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
49.6%
+9.6% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
21.3%
-18.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1472 resolved cases

Office Action

§103
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 7/29/2026 have been fully considered but they are not persuasive. Opderbecke discloses a system is known for detecting the wear of the electrode, which is based on measuring the contact resistance of the electrode, and for starting a change cycle when this resistance becomes incompatible with effective welding. (See Paragraph [0012]) 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. Claim(s) 2-5, 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamm et al (US 2019/0091788) in view of Opderbecke et al (US 2008/0245775). Regarding claim 2, Tamm discloses, An orbital welding head for an orbital welding apparatus for connecting by means of a cable to a welding current source in a welding current source housing (See Fig 1, Orbital welding head 1 and welding current source 8, See Paragraph [0020]), said current source being equipped with a base controller (controller 5), comprising: a tube mount and a welding electrode holder rotatably supported opposite the tube mount for mounting a welding electrode (Fig 1 shows tube mount 3, welding electrode holder 4 and welding electrode. (See Paragraph [0022]); a motor, which is configured in order to drive the welding electrode holder and thus rotate the welding electrode holder opposite the tube mount (motor 6 drives the welding electrode holder to rotate the electrode. See Paragraph [0022]); an electronic circuit comprising a memory, which is arranged in the orbital welding head (Storage chip of the orbital welding device, See Paragraph [0019]), Tamm discloses detecting wear on the electrodes and outputting the signal to a storage device. (See Paragraph [0019]) Tamm fails to disclose wherein the electronic circuit is configured to: the electronic circuit of at least one of the orbital welding head or the base controller is configured such that a maintenance state value of the welding electrode is determined on the basis of the electrode load values, the electrode load values comprising at least one of an entire electrical charge flowing through the welding electrode, electrical charge per welding operation, electrical work or active energy per welding operation, or a measured resistance on the electrode, said state being a measure of the wear on the welding electrode based on a number of welding operations, an arc energy, or time; monitor the determined electrode load values or maintenance state values; and identify unacceptable wear on the welding electrode based on identifying that at least one of the electrode load values or the maintenance state values satisfy a predetermined threshold. Opderbecke discloses, regarding claims 2, 3, a storage means, or electronic circuit, for storing in memory in a welding device for detecting the wear of a welding electrode (See Paragraph [0041]) The device monitors the wear of the electrode based on the total time the electric arc has been generated by the electrode (See Paragraphs [0049]-[0050]) or the voltage/current generated by the electrode (See value Paragraph [0024]), or the number of strikes performed by the electrode (See Abstract) The wear parameters are stored as a reference value and the wear indicating parameters which are detected are compared with the stored values. When a threshold is reached or exceeded, the electrode is replaced. (See Abstract, Paragraphs, [0008]-[0009], [0018], [0019],[0042]), measuring the contact resistance of the electrode, and for starting a change cycle when this resistance becomes incompatible with effective welding. (See Paragraph [0012]) Regarding claim 3, The values are stored as a reference value as in each new value is compared with at least one reference value. (See Abstract) It would have been obvious to a person having ordinary skill in the art, at the time of the invention to adapt Tamm in view of Opderbecke to store one or more electrode load values of the welding electrode, and the electronic circuit of at least one of the orbital welding head or the base controller is configured such that a maintenance state value of the welding electrode is determined on the basis of the electrode load values, said state being a measure of the wear on the welding electrode based on a number of welding operations, an arc energy, or time; monitor the determined electrode load values or maintenance state values; the electrode load values comprising or a measured resistance on the electrode, and identify unacceptable wear on the welding electrode based on identifying that at least one of the electrode load values or the maintenance state values satisfy a predetermined threshold in order to define the maximum acceptable lifetime of an electrode. This advantage would avoid changing the electrode too early, resulting in additional costs, or changing it too late which would lead to poor quality welds. Regarding claims 4-5, Tamm fails to disclose wherein a monitoring module with which the deviation from at least one of the predetermined curve or the undershooting or overshooting of the predetermined threshold is automatically monitored and, when unacceptable wear is detected, a warning is generated, wherein the monitoring module is preferably configured such that a deviation threshold value for the at least one of the predetermined deviation or the threshold for overshooting or undershooting this threshold value is manually settable and changeable. Opderbecke discloses regarding claims 4-5, 8 a programable controller 23 (as the controller is programable, it is manually settable and changeable) for monitoring the deviation of the undershoot or overshoot of the voltage and/or current if it moves out of the acceptable area as shown in the curve in Fig 2. (See Paragraphs [0067], [0087], [0088]) The settings are manually changeable. (See Claim 4) The warning being generated is considered to be the automatic detection of when the eroded electrode is to be replaced with a fresh electrode and is done by an electrode changing device. (See Paragraph [0091]) It would have been obvious to adapt Tamm in view of Opderbecke to provide wherein a monitoring module with which the deviation from at least one of the predetermined curve or the undershooting or overshooting of the predetermined threshold is automatically monitored and, when unacceptable wear is detected, a warning is generated, wherein the monitoring module is preferably configured such that a deviation threshold value for the at least one of the predetermined deviation or the threshold for overshooting or undershooting this threshold value is manually settable and changeable. Also, for determining when a welding electrode needs to be replaced in order to define the maximum acceptable lifetime of an electrode. This advantage would avoid changing the electrode too early, resulting in additional costs, or changing it too late which would lead to poor quality welds. Regarding claim 7, Tamm and Opderbecke fail to specifically disclose the resetting device. However, as Opderbecke discloses an automatic change of the electrode in Paragraphs [0092]-[0095] and the changing parameters are based on the total number of strikes or the total voltage/current generated by the electrode, there must be a device to reset these parameters. The claim does not require it be done manually. Therefore it would have been obvious to include some type of resetting device as one having ordinary skill in the art would clearly want to start the measurement of the electrode wear from a zero point. Regarding claim 10, Tamm discloses the orbital welding device 1 having a current source 8 and a controller 5. Claim(s) 9, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamm et al (US 2019/0091788) in view of Opderbecke et al (US 2008/0245775) and Denis et al (US 2017/0021442). The teachings of Tamm in view of Opderbecke have been discussed above. Tamm as modified discloses a connection for providing welding current and additional data to the welding head. However, it is not clear if a bidirectional digital link is obvious from this combination. Denis discloses a welding torch 26, which is equivalent to a welding head as it is connected to a power supply and a memory or storage device via a cable 112 or 166 (See Paragraph [0043]). The cable is connected to a transceiver 42 in the welding torch which provides a digital bidirectional communication between the welding head and the controller 28, 32. (See Paragraph [0016]) The bidirectional communication includes sensed current and/or voltage levels. (See Paragraph [0028]) It would have been obvious to adapt Tamm in further view of Denis to provide the bidirectional communication for maintaining reliable connectivity between the devices. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamm et al (US 2019/0091788) in view of Opderbecke et al (US 2008/0245775) and Sawanishi et al (US 2019/0344376). The teachings of Tamm have been discussed above. Tamm fails to disclose selecting one of a plurality of welding programs considers the maintenance state of the welding electrode. Sawanishi discloses adjusting the cumulative amount of heat generated to the welding target based on the amount of wear on the electrode. (See Paragraph [0023]) The wear on the electrode would cause an insufficient amount of heat causing an inferior weld. The parameters of the welding operation are adjusted, such as increasing the welding current, to produce the required amount of heat and obtain the desired weld. It would have been obvious to adapt Sawanishi to provide selecting one of a plurality of welding programs considers the maintenance state of the welding electrode for adjusting the cumulative amount of heat generated to the welding target based on the amount of wear on the electrode in order to obtain the desired weld. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamm et al (US 2019/0091788) in view of Opderbecke et al (US 2008/0245775) and Martinenas (US 5,841,089). Regarding claim 13, Tamm discloses, A method for operating an orbital welding apparatus, comprising: passing current from a welding current source by means of a cable to an orbital welding head (Fig 1 shows a current being passed via a cable from a welding current source 8 to an orbital welding head 2) driving a welding electrode holder on the orbital welding head via a motor, wherein the welding electrode holder is rotated opposite a tube mount of the orbital welding head; (a welding electrode is shown as being on an electrode holder 4 and is rotated opposite a tube mount 3 of the orbital head 2, See Abstract) Tamm also discloses detecting wear of the electrode but fails to disclose, surrounding a welding electrode of the orbital welding head with inert gas during a welding process; storing one or more electrode load values of a welding electrode are stored in a memory via an electronic circuit which is arranged in the orbital welding head; [[and]] storing, in a memory arranged in the orbital welding head, one or more electrode load values of a welding electrode, the electrode load values comprising at least one of an entire electrical charge flowing through the welding electrode, electrical charge per welding operation, electrical work or active energy per welding operation, or a measured resistance on the electrode; and determining wear on the welding electrode by:monitoring the determined electrode load values or maintenance state values; and identifying whether at least one of the electrode load values or the maintenance sta te values satisfy a predetermined threshold. Opderbecke discloses, regarding claims 2, 3, a storage means, or electronic circuit, for storing in memory in a welding device for detecting the wear of a welding electrode (See Paragraph [0041]) The device monitors the wear of the electrode based on the total time the electric arc has been generated by the electrode (See Paragraphs [0049]-[0050]) or the voltage/current generated by the electrode (See value Paragraph [0024]), or the number of strikes performed by the electrode (See Abstract) The wear parameters are stored as a reference value and the wear indicating parameters which are detected are compared with the stored values. When a threshold is reached or exceeded, the electrode is replaced. (See Abstract, Paragraphs, [0008]-[0009], [0018], [0019],[0042]), measuring the contact resistance of the electrode, and for starting a change cycle when this resistance becomes incompatible with effective welding. (See Paragraph [0012]) Regarding claim 3, The values are stored as a reference value as in each new value is compared with at least one reference value. (See Abstract) It would have been obvious to a person having ordinary skill in the art, at the time of the invention to adapt Tamm in view of Opderbecke to store one or more electrode load values of the welding electrode, and the electronic circuit of at least one of the orbital welding head or the base controller is configured such that a maintenance state value of the welding electrode is determined on the basis of the electrode load values, said state being a measure of the wear on the welding electrode based on a number of welding operations, an arc energy, or time; monitor the determined electrode load values or maintenance state values; the electrode load values comprising or a measured resistance on the electrode, and identify unacceptable wear on the welding electrode based on identifying that at least one of the electrode load values or the maintenance state values satisfy a predetermined threshold in order to define the maximum acceptable lifetime of an electrode. This advantage would avoid changing the electrode too early, resulting in additional costs, or changing it too late which would lead to poor quality welds. Martinenas discloses an orbital welding head (See Figs 1-5) which surrounds a welding electrode with an inert gas. (See Column 3, line 60 – Column 4, 35; Column 6, lines 1-5) It would have been obvious to adapt Tamm in view of Martinenas to provide surrounding a welding electrode of the orbital welding head with inert gas during a welding process for provide an oxygen free environment during welding to prevent oxidation. 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 BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRIAN W JENNISON/Primary Examiner, Art Unit 3761
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Prosecution Timeline

Sep 10, 2024
Application Filed
Apr 20, 2026
Non-Final Rejection mailed — §103
Jul 29, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
94%
With Interview (+22.2%)
3y 6m (~1y 5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1472 resolved cases by this examiner. Grant probability derived from career allowance rate.

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