`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
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`13/820,557
`
`03/04/2013
`
`Junji Fujiwara
`
`MAT—10584US
`
`6854
`
`RATNERPRESTIA
`PO. BOX 980
`VALLEY FORGE, PA 19482-0980
`
`CALVETTI, FREDERICK F
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`ART UNIT
`
`3742
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`02/ 1 1/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 13/820,557 FUJIWARA ET AL.
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`3742Frederick Calvetti a?”
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions 0137 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
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`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 12/7/2015.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`Closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) D Interview Summary (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
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`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160203
`
`Disposition of Claims*
`5)|XI Claim(s) 1-6 and 10-23 is/are pending in the application.
`5a) Of the above Claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s 1-6 and 10-23 is/are rejected.
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`is/are objected to.
`
`) )
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`_
`
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`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
` S
`htt
`://www.usoto. ov/ atents/init events) .h/index.‘
`
`
`
`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” C)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
`
`

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`Application/Control Number: 13/820,557
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`Page 2
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`Art Unit: 3742
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`DETAILED ACTION
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`2.
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`A request for continued examination under 37 CFR 1.114, including the fee set
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`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`12/7/2015 has been entered.
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`Claim Rejections - 35 USC § 112
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`1.
`
`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.
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`2.
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`Claims 1-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly
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`claim the subject matter which the inventor or a joint inventor, or for pre-AIA the
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`applicant regards as the invention.
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`3.
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`The term “basic” is not understood and not defined. It encompasses “average"
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`and zero. The term is vague and indefinite. The scope of the claims is indefinite.
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`

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`Application/Control Number: 13/820,557
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`Page 3
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`Art Unit: 3742
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`for all obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
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`5.
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`This application currently names joint inventors. In considering patentability of the
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`claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter
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`of the various claims was commonly owned at the time any inventions covered therein
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`were made absent any evidence to the contrary. Applicant is advised of the obligation
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`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
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`not commonly owned at the time a later invention was made in order for the examiner to
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`consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C.
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`102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
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`6.
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`Claims 1-6,10-23 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Fujiwara et al (WO 2011/013321, counterparts EP 2402104 and US
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`2012/0111842, supplied by applicants) in view of Narayanan et al (US 2006/0070983)
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`and Huismann et al (US 7,102,099). Reference for Fujiwara is to US counterpart for
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`convenience.
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`7.
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`Regarding claim 1, Fujiwara discloses: A consumable electrode arc welding
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`control method in which short-circuit welding is performed by alternating short-circuits
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`and arcs while a welding wire is fed automatically(abstract), the method comprising:
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`

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`Application/Control Number: 13/820,557
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`Page 4
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`Art Unit: 3742
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`alternatively generating a short-circuit state and an arc state by feeding the welding wire
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`in periodically alternating forward and backward directions at a predetermined
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`frequency and a predetermined velocity amplitude with reference to a basic(vague term)
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`wire feed speed based on a set current(abstract, para 34,39,46) (para 11-feeding rate
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`according to a welding current, para 12,40-current is determined as ...feeding rate,
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`46,56,61,62 Fujiwara); and
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`8.
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`controlling a speed of periodic feeding of the welding wire in such a
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`manner that an upper velocity amplitude above the basic(vague) wire feed speed is
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`different from a lower velocity amplitude below the basic wire feed speed (para 63) (fig
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`1,5,para 60-64).
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`9.
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`The claims at best differ in that there is a difference between velocity amplitudes
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`above and below a basic wire feed speed. The term basic is vague and indefinite and
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`given its broadest reasonable interpretation as set forth during the interview.
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`10.
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`Huismann shows a welding wire feeding rate having a trapezoidal form (see
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`Figure 8) having a combination of slowing, stopping, and retracting advancement of a
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`feed wire as the welding operations are performed (see column 4, lines 6-22, col 8 line
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`44-52), and Huismann also shows a welding operation that is timed to a peak time, a
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`rising time, or a falling time, having the upper and lower limits as shown in Figure 8,
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`wherein the welding operation includes an arc state and a short circuit state that is
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`repeated or cycled.
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`11.
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`See also Narayanan para 2, 71, fig 14. The references show changing and
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`different waveforms for different directions and effects therefor.
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`

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`Application/Control Number: 13/820,557
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`Page 5
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`Art Unit: 3742
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`12.
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`Huismann teaches advantages therefor in col 3 lines 50-65: Control of energy to
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`the weld is affected using the output current or voltage magnitude, wave shape, time,
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`etc. Thus, the transitions are caused to occur by controlling the wire movement, and
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`current can be coordinated with, the transitions to reduce spatter, instability, or other
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`undesirable features, by, for example, changing the current as the transition occurs, or
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`in anticipation of the transition.
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`13.
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`It would have been obvious for a person of ordinary skill in the art at the time of
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`the invention to modify Fujiwara, if necessary, with the feeding wire rate having different
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`trapezoidal or sinusoidal waveforms as known in Huismann and Narayanan that show
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`the rate at which the feeding wire is advanced including a sloped rise and fall of the rate
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`that is the representative of the feeding wire supplied by a motor to optimize, to improve
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`control, spatter, defective beads and penetration.
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`14.
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`Regarding claim 14 at least, a different waveform to feed the wire between
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`forward and backward directions is not critical or produces any new or unexpected
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`results and is optimization. See Fujiwara para 12,46,62,72, Huismann column 4, lines
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`6-22, col 8 line 44-52, Narayanan para 2, 71, fig 14. Fujiwara teaches:
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`By virtue of the structure above, the apparatus employs a frequency and a
`1.
`velocity amplitude suitable for each welding current, providing optimum welding
`operation for each welding current (as will be described later). The structure
`minimizes the following problems: defective bead, increase in spatters, and lack
`of penetration. These problems can be as a result of instability of arc affected by
`increase in speed of welding and disturbances, such as change in wire extension
`and a gap in object 23 to be welded. Besides, the structure suppresses an
`adverse effect on production efficiency and working environment, providing an
`excellent arc welding apparatus.
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`

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`Application/Control Number: 13/820,557
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`Page 6
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`Art Unit: 3742
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`2.
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`For claim 2: wherein the speed of periodic feeding of the welding wire is
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`controlled in such a manner that the predetermined velocity amplitude is different
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`between the forward and backward directions (fig 1,5).
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`3.
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`For claim 3: wherein a velocity amplitude in the forward direction is smaller than
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`a velocity amplitude in the backward direction(fig 1,5).
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`4.
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`For claim 4: wherein a ratio of a short circuit period to an arc period is adjusted
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`by setting a velocity amplitude in the fonNard direction to a product of a velocity
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`amplitude in the backward direction and a ratio smaller than 1, thereby making the
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`velocity amplitude in the forward direction smaller than the velocity amplitude in the
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`backward direction(fig 1,5).
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`5.
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`For claim 5: wherein the ratio is determined based on at least one of a set
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`current, a diameter of the welding wire, a type of the welding wire, an extension of the
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`welding wire(abstract, and shielding gas(expedient in the art) to be used.
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`6.
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`For claims 6,10-13: wherein the welding wire is fed in such a manner that a
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`waveform to feed the welding wire is changed either sinusoidal or trapezoidal with
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`reference to the basic wire feed speed(para 63 Fujiwara). See the rejection of claim 1.
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`7.
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`For claim 14: An arc welding control method, in which short-circuit states and arc
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`states are alternately repeated, comprising: setting a set current before the arc welding
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`to determine a basic wire feed speed(para 11-feeding rate according to a welding
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`current, para 12,40-current is determined as ...feeding rate, 46,56,61,62 Fujiwara);
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`and
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`

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`Application/Control Number: 13/820,557
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`Page 7
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`Art Unit: 3742
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`8.
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`feeding a welding wire in periodically alternating forward and backward directions
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`at a predetermined frequency and a predetermined velocity amplitude with reference to
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`the basic wire feed speed based on the set current(abstract); wherein a feed speed of
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`the welding wire is controlled in such a manner that an upper waveform of the feed
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`speed higher than the basic wire feed speed is different from a lower waveform of the
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`feed speed slower than the basic wire feed speed(fig 5 Fujiwara). See rejection of claim
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`1.
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`9.
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`For claim 15: wherein an upper velocity amplitude of the upper waveform is
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`different from a lower velocity amplitude of the lower waveform(para 40,46,56 Fujiwara,
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`col 8-10 Huismann, para 70,71 Narayanan).
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`10.
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`For claim 16: wherein the upper velocity amplitude is smaller than the lower
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`velocity amplitude(matter of design choice and optimization relative to suitable operating
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`parameters, not critical or producing any new or unexpected results).
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`11.
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`For claim 17: wherein a ratio of a short circuit period to an arc period is adjusted
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`by setting the upper velocity amplitude to a product of the lower velocity amplitude and
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`a ratio smaller than 1(fig 14 Narayanan, see claim 16).
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`12.
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`For claim 18: wherein the ratio is determined based on at least one of the set
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`current, a diameter of the welding wire, a type of the welding wire, an extension of the
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`welding wire, and shielding gas to be used(para 39 Fujiwara).
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`13.
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`For claim 19: wherein each shape of the upper waveform and the lower
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`waveform is a part of a sinusoidal wave or trapezoidal wave(para 63 Fujiwara).
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`

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`Application/Control Number: 13/820,557
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`Page 8
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`Art Unit: 3742
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`14.
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`For claim 20: wherein each shape of the upper waveform and the lower
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`waveform is a part of a sinusoidal wave or trapezoidal wave(para 63, fig 5 Fujiwara, fig
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`8 Huismann, fig 14 Narayanan) .
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`15.
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`For claim 21: wherein each shape of the upper waveform and the lower
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`waveform is a part of a sinusoidal wave or trapezoidal wave(see claim 20).
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`16.
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`For claim 22: wherein each shape of the upper waveform and the lower
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`waveform is a part of a sinusoidal wave or trapezoidal wave(see claim 20).
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`17.
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`For claim 23: wherein each shape of the upper waveform and the lower
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`waveform is a part of a sinusoidal wave or trapezoidal wave(see claim 20).
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`Response to Arguments
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`18.
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`Applicant's arguments filed 12/7/2015 have been fully considered but they are
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`not persuasive. The term "predetermined" in Fujiwara is not interpreted to just mean
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`equal. The term “basic" is a vague term and not defined in the specification and subject
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`to broadest reasonable interpretation. It includes average and zero. As pointed out
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`during the interview, para 75 in the present publication says that basic comes from a
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`table and in para 78 that it is determined by experimentation. The relationship
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`between current and feed speed is taught in the references including Fujiwara as
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`cited in the rejection. Basic wire feed speed is based on a set current in the art.
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`19.
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`Huismann teaches different speeds in col 8-10. A difference in speeds is
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`considered optimization as noted in para 12 in Fujiwara. The Fujiwara reference is
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`applicants' patent. Claims 1, 14 are argued. Fig 5 of Fujiwara teaches different
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`waveforms above and below the AV. The teachings of Fujiwara are broader than
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`

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`Application/Control Number: 13/820,557
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`Page 9
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`Art Unit: 3742
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`applicants’ interpretation. See para 11,39-at least one of,46. Para 60,61 ,62 are one
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`embodiment showing a trapezoid. See col 3 lines 50-60 of Huismann and para 2,71 of
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`Narayanan for improvements similar to Fujiwara and applicants. Thus the remarks on
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`page 9 second full paragraph are not understood.
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`20.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure. See WO 2007/094090 (US 2008/0314884) supplied by
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`applicants.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Frederick Calvetti whose telephone number is (571 )272—
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`5501. The examiner can normally be reached on Monday-Friday 8:30-5:00 EST.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, David Angwin can be reached on 571 -270-3735. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
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`

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`Application/Control Number: 13/820,557
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`Page 10
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`Art Unit: 3742
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`/ Frederick Calvetti/
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`Examiner, Art Unit 3742
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`/DAVID ANGWIN/
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`Supervisory Patent Examiner, Art Unit 3742
`
`