`
`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
`
`ART UNIT
`
`3742
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/03/2016
`
`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):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/820,557 FUJIWARA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`3742Frederick Calvetti it?“
`
`-- 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 of 37 CFR1. 136( a).
`after SIX () 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
`
`Status
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`1)IZI Responsive to communication(s) filed on 5/5/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| 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)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`
`5)IZI Claim(s) 13-6 11-14 16-19 and 21-23 is/are pending in the application.
`5a) Of the above cIaim(s)
`is/are withdrawn from consideration.
`
`6)I:I Claim(s)
`is/are allowed.
`
`7)|Z| Claim(s) 13611- 14 16- 19 and2123 Is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'I’vaIW.uscI‘.0. ovI’ atentS/init events/
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`
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`hI/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l 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:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160727
`
`

`

`Application/Control Number: 13/820,557
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`Page 2
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`Art Unit: 3742
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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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`Claim Rejections - 35 USC § 103
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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:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102, 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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`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(0) 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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`1.
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`Claims 1,3-6,11-14,16-19,21-23 are rejected under pre-AIA 35 U.S.C. 103(a) as
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`being unpatentable over Fujiwara et al (WO 2011/013321, counterparts EP 2402104
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`and US 2012/0111842, supplied by applicants) in view of Narayanan et al (US
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`2006/0070983) and Huismann et al (US 7,102,099). Reference for Fujiwara is to US
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`counterpart for convenience.
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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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`2.
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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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`determining a basic wire feed speed, the basic wire feed speed being an average feed
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`speed for a set welding current(para 13,40,44-determine;para 6,7,11,13,40,-welding
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`wire feed rate suitable for a welding current is determined); and alternatively generating
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`a short-circuit state and an arc state by feeding the welding wire at a predetermined
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`frequency and a predetermined velocity amplitude with reference to the basic wire feed
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`speed (abstract, para 34,39,46) (para 11-feeding rate according to a welding current,
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`para 12,40-current is determined as ...feeding rate, 46,56,61,62 Fujiwara); and
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`3.
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`wherein an upper velocity amplitude of the wire feed speed above the
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`basic wire feed speed is different from a lower velocity amplitude of the wire feed speed
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`below the basic wire feed speed (para 40,46,56,63) (fig 1,5,para 60-64)(col 8-10
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`Huismann,para 70,71 Narayanan).
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`4.
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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 which is an average feed speed for a set
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`welding current. Average speed is taught in the reference as noted above.
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`5.
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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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`

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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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`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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`6.
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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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`7.
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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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`The advantage is to reduce spatter, instability, or other undesirable features
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`8.
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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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`9.
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`Regarding claim 14 at least, a different waveform to feed the wire between
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`fonNard and backward directions is not critical or produces any new or unexpected
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`results and is optimization although that recitation has been deleted from the claim. See
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`Fujiwara para 12,46,62,72, Huismann column 4, lines 6-22, col 8 line 44-52, Narayanan
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`para 2, 71, fig 14. Fujiwara teaches:
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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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`1.
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`By virtue of the structure above, the apparatus employs a frequency and a
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`velocity amplitude suitable for each welding current, providing optimum welding
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`operation for each welding current (as will be described later). The structure minimizes
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`the following problems: defective bead, increase in spatters, and lack of penetration.
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`These problems can be as a result of instability of arc affected by increase in speed of
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`welding and disturbances, such as change in wire extension and a gap in object 23 to
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`be welded. Besides, the structure suppresses an adverse effect on production efficiency
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`and working environment, providing an excellent arc welding apparatus.
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`2.
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`For claim 3: wherein the upper velocity amplitude is smaller than the lower
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`velocity amplitude (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 the upper velocity amplitude to a product of the lower velocity amplitude and
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`a ratio smaller than 1, thereby making the upper velocity amplitude smaller than the
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`lower velocity amplitude (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 6,11-13: 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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`

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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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`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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`(para 11-feeding rate according to a welding current, para 12,40-current is determined
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`as ...feeding rate, 46,56,61,62 Fujiwara); and determining a basic wire feed speed, the
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`basic wire feed speed being an average feed speed for the set current(para 13,40,44-
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`determine;para 6,7,11,13,40,-welding wire feed rate suitable for a welding current is
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`determined);
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`8.
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`feeding a welding wire at a predetermined frequency and a predetermined
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`velocity amplitude with reference to the basic wire feed speed (abstract); wherein an
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`upper waveform of the feed speed above the basic wire feed speed is different from a
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`lower waveform of the feed speed below the basic wire feed speed(fig 5 Fujiwara). See
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`rejection of claim 1.
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`9.
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`For claim 16: wherein an amplitude of the upper waveform is smaller than the an
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`amplitude of the lower waveform(matter of design choice and optimization relative to
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`suitable operating 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 amplitude of the upper waveform to a product of the amplitude of the
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`lower waveform 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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`

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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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`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,fig 5 Fujiwara, fig 8
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`Huismann, fig 14 Narayanan ).
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`14.
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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 19).
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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 19).
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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 19).
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`Response to Arguments
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`18.
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`Applicant's arguments filed 5/5/2016 have been fully considered but they are not
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`persuasive.
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`On page 6 of the remarks to page 9, applicant argues features not disclosed in
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`the applied references:
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`...determining a basic wire feed speed, the basic wire feed speed being an
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`average feed speed for a set welding current...
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`...feeding the welding wire at a predetermined frequency and a predetermined
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`velocity amplitude with reference to the basic wire feed speed,
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`wherein an upper velocity amplitude of the wire feed speed above the basic wire
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`feed speed is different from a lower velocity amplitude of the wire feed speed below the
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`basic wire feed speed.
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`However the PTO disagrees.
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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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`The term “basic" means average. It includes average which can be zero. Para 75
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`in the present publication says that basic comes from a table and in para 78 that it is
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`determined by experimentation. The relationship between current and feed speed is
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`taught in the references including Fujiwara as cited in the rejection. Basic wire feed
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`speed is based on a set current in the art.
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`Fujiwara teaches in the abstract and as cited above in the rejection:
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`An arc welding method relates to consumable electrode arc welding in which a
`welding wire feeding rate suitable for a welding current is determined as an average
`feeding rate, and the short circuit state and the arc generation state are alternately
`generated by changing the wire feeding periodically and repeatedly between the
`fonNard feeding and the reverse feeding. The method offers arc welding with the
`average feeding rate according to a welding current, a predetermined frequency, and a
`predetermined velocity amplitude. In the method, at least any one of the frequency and
`the velocity amplitude is set to a value suitable for the welding current.
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`Thus the determining feature for an average feed speed is taught for a suitable
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`welding current at a predetermined frequency and velocity amplitude para 14, 40.
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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.
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`The Fujiwara reference is applicants' patent.
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`Claims 1, 14 are argued. Fig 5 of Fujiwara teaches different waveforms above
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`and below the AV. See para 11,39-at least one of,46. Para 60,61 ,62 are one
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`embodiment showing a trapezoid. See (para 63) (fig 1,5,para 60-64) for different
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`amplitudes. See col 3 lines 50-60 of Huismann and para 2,71 of Narayanan for
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`improvements similar to Fujiwara and applicants.
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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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`The rejection is maintained.
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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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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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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—
`
`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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`Information regarding the status of an application may be obtained from the
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`
`/ Frederick Calvetti/
`
`Examiner, Art Unit 3742
`
`/DAVID ANGWIN/
`
`Supervisory Patent Examiner, Art Unit 3742
`
`