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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`13/820,557
`
`03/04/2013
`
`Junji Fujiwara
`
`MAT-10584US
`
`6854
`
`03/17/2017 —RATNERPRESTIA m
`7590
`52473
`2200 RENAIS SANCE BLVD
`CALVETTL FREDERICK F
`S UITE 350
`KING OF PRUSSIA, PA 19406
`
`PAPER NUMBER
`
`3742
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/17/2017
`
`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.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`pcorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`PO. Box 1450
`Alexandria, VA 22313-1450
`www.uspfo.gov
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Application Number: 13/820,557
`Filing Date: March 04, 2013
`Appellant(s): FUJIWARA ET AL.
`
`Jacques L. Etkowicz
`For Appellant
`
`EXAMINER’S ANSWER
`
`This is in response to the appeal brief filed 12/29/2016.
`
`

`

`Application/Control Number: 13/820,557
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`Page 2
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`Art Unit: 3742
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`(1) Grounds of Rejection to be Reviewed on Appeal
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`Every ground of rejection set forth in the Office action dated 8/3/2016 from which
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`the appeal is taken is being maintained by the examiner except for the grounds of
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`rejection (if any) listed under the subheading “WITHDRAWN REJECTIONS.” New
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`grounds of rejection (if any) are provided under the subheading “NEW GROUNDS OF
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`REJECTION.”
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`The following ground(s) of rejection are applicable to the appealed claims.
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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
`
`2006/0070983) and Huismann et al (US 7,102,099). Reference for Fujiwara is to US
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`counterpart for convenience.
`
`Regarding claim 1, Fujiwara discloses: A consumable electrode arc
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`welding control method in which short-circuit welding is performed by alternating short-
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`circuits and arcs while a welding wire is fed automatically(abstract), the method
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`comprising: determining a basic wire feed speed(para 65-wire...feeding...basic
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`waveform), the basic wire feed speed being an average feed speed for a set welding
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`current(para 13,40,44-determine;para 6,7,11,13,40,-welding wire feed rate suitable for a
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`welding current is determined); and alternatively generating a short-circuit state and an
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`arc state by feeding the welding wire at a predetermined frequency and a
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`predetermined velocity amplitude with reference to the basic wire feed speed (abstract,
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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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`para 34,39,46) (para 11-feeding rate according to a welding current, para 12,40-current
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`is determined as ...feeding rate, 46,56,61,62 Fujiwara); and
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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 6-greater,40,46,56,63) (fig 1,5,para 60-64).
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`The claims at best differ in that there is a difference between velocity
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`amplitudes above and below a basic wire feed speed which is an average feed speed
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`for a set welding current. Fujiwara teaches different velocity wave form in para
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`60,61 ,63,57 and in paragraph 6 a feeding rate greater for one direction of wire feed with
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`the velocity amplitude to be determined for that. Average speed is taught in the
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`reference as noted above.
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`Huismann shows a welding wire feeding rate having a trapezoidal form
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`(see Figure 8) having a combination of slowing, stopping, and retracting advancement
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`of a feed wire as the welding operations are performed (see column 4, lines 6-22, col 8
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`line 44-52), and Huismann also shows a welding operation that is timed to a peak time,
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`a 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 (col 8-10 Huismann).
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`See also Narayanan para 2, 70, 71, fig 14. The references show changing
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`and different waveforms for different directions and effects therefor.
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`Huismann teaches advantages therefor in col 3 lines 50-65: Control of
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`energy to the weld is affected using the output current or voltage magnitude, wave
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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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`shape, time, etc. Thus, the transitions are caused to occur by controlling the wire
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`movement, and current can be coordinated with, the transitions to reduce spatter,
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`instability, or other undesirable features, by, for example, changing the current as the
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`transition occurs, or in anticipation of the transition.
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`The advantage is to reduce spatter, instability, or other undesirable features.
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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 (different velocity amplitudes above and below a
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`basic wire feed speed which is an average feed speed for a set welding current) by
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`substituting such different waveforms taught in Huismann and Narayanan that show the
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`rate at which the feeding wire is advanced including a sloped rise and fall of the rate
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`that is 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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`See Fujiwara para 12,46,62,72 for optimization relative to waveforms, and for
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`different waveforms Huismann column 4, lines 6-22, col 8 line 44-52 and Narayanan
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`para 2, 71, fig 14. Fujiwara teaches in para 46:
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`By virtue of the structure above, the apparatus employs a
`frequency and a 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.
`
`

`

`Application/Control Number: 13/820,557
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`Page 5
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`Art Unit: 3742
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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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`For claim 4: wherein a ratio of a short circuit period to an arc period is
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`adjusted by setting the upper velocity amplitude to a product of the lower velocity
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`amplitude and a ratio smaller than 1, thereby making the upper velocity amplitude
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`smaller than the lower velocity amplitude (fig 1,5,para 6).
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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, para 6,39), and shielding gas(para 39) to be used.
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`For claims 6,11-13: wherein the welding wire is fed in such a manner that
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`a 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 60,61 ,63,65-basic Fujiwara). See the
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`rejection of claim 1.
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`For claim 14: An arc welding control method, in which short-circuit states
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`and arc states are alternately repeated, comprising: setting a set current before the arc
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`welding (para 11-feeding rate according to a welding current, para 12,40-current is
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`determined as ...feeding rate, 46,56,61,62 Fujiwara); and determining a basic wire feed
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`speed(para 65-wire...feeding...basic waveform), the basic wire feed speed being an
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`average feed speed for the set current(para 13,40,44-determine;para 6,7,11,13,40,-
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`welding wire feed rate suitable for a welding current is determined);
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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) (para 65-
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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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`wire...feeding...basic waveform); wherein an upper waveform of the feed speed above
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`the basic wire feed speed is different from a lower waveform of the feed speed below
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`the basic wire feed speed(fig 5,para 6-greater Fujiwara). See rejection of claim 1.
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`For claim 16: wherein an amplitude of the upper waveform is smaller than
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`the an amplitude of the lower waveform(para 6—greater, fig 1,5).
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`For claim 17: wherein a ratio of a short circuit period to an arc period is
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`adjusted by setting the amplitude of the upper waveform to a product of the amplitude of
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`the lower waveform a ratio smaller than 1(fig 1,5,para 6-greater,fig 14 Narayanan as set
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`forth in claim 1 rejection).
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`For claim 18: wherein the ratio is determined based on at least one of the
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`set current, a diameter of the welding wire, a type of the welding wire, an extension of
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`the welding wire, and shielding gas to be used(para 39,6-greater,fig 1,5 Fujiwara).
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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 60,61 ,63,64,fig 5
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`Fujiwara, fig 8 Huismann, fig 14 Narayanan as set forth in claim 1 rejection).
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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 rejection).
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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 rejection).
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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 rejection).
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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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`(2) Response to Argument
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`Appellant's arguments filed 12/29/2016 have been fully considered but
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`they are not persuasive. Independent claims 1,14 are argued together. The independent
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`claims are relied upon to support any nonobviousness for the dependent claims (page 7
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`lines 10-13, page 8 line 12-16 of the remarks).
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`On page 4 line 6-page 5 bottom of the remarks, appellant argues alleged
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`features not disclosed in 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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`The term “basic" means average. It is a relative term and includes average which
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`can be zero or another “y” axis position on wire feeding rate diagram such as fig 1,5 of
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`Fujiwara. Fujiwara teaches this in para 65 as a “basic” waveform for wire feeding with
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`predetermined frequency and velocity amplitude.
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`The term “basic” in para 33 of the present specification is a relative term based
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`upon the set current. The set current is set subjectively before welding is started.
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`In
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`para 75,77,78 that speed derives from a table or mathematical formula or
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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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`experimentation. However none of that is disclosed in the present specification. Basic is
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`a subjective positioning ofthe y axis in the present diagrams. The term basic is not
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`described with reasonable certainty. No evidence has been presented to the contrary
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`and substantial experimentation is required for an evidentiary disclosure.
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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 forward 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.
`
`Paragraph 33 of the present specification discloses:
`
`The basic wire feed speed W81 is determined based on the set current. It
`is obvious that the set current set before welding is started, the wire feed speed,
`and the amount of wire feed are in proportion to each other. Hence, the basic
`wire feed speed W81 can be determined based on the set wire feed speed or the
`set amount of wire feed, instead of the set current.
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`But this is the same as the reference Fujiwara. The Fujiwara reference is
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`appellants' patent.
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`Fujiwara teaches in para 7 that it is generally known that the wire feeding rate
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`changes in proportion to change in welding current. Fujiwara teaches:
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`[0011] The arc welding method of the present invention is a consumable
`electrode arc welding method 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 repeated periodically by changing
`the wire feeding between the fonNard feeding and the reverse feeding. The
`method above offers arc welding with an average feeding rate according to
`
`

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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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`a welding current, a predetermined frequency, and a predetermined
`velocity amplitude. In the method, at least one of the frequency and the velocity
`amplitude is set to a value suitable for the welding current.
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`[0012] As described above, determining a frequency and velocity
`amplitude to an optimum value for each welding current allows the welding
`operation to be suitable for welding current...
`
`[0040] As described above, the arc welding method of the present
`invention is a consumable electrode arc welding in which method 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
`repeated periodically by changing the wire feeding between the forward feeding
`and the reverse feeding. The method above carries out wire feeding with an
`average feeding rate according to a welding current, predetermined
`frequency F, and predetermined velocity amplitude AV. In the method, at
`least one of frequency F and velocity amplitude AV is set to a value suitable for
`the welding current.
`
`[0061] That is, the arc welding method of the second embodiment is a
`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 repeated periodically by
`changing the wire feeding periodically and repeatedly between the forward
`feeding and the reverse feeding. The method above carries out wire feeding
`with the average feeding rate, predetermined frequency F, and
`predetermined velocity amplitude AV. In the method, at least one of frequency
`F and velocity amplitude AV is set to a value suitable for the welding current, and
`the wire feeding is controlled on the wire feeding rate changed in the form of a
`trapezoid waveform.
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`Consequently selection of a welding current determines a welding feeding rate or
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`basic wire feed speed and is an average feeding rate. The rate evolves from selection
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`of a current which determines a basic wire feed speed or rate. That initial selection
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`encompasses an average feeding rate. That average feeding rate is according to a
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`predetermined frequency and predetermined velocity amplitude with reference to the
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`basic wire feed rate which emanates from selection of a welding current.
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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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`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 of
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`Fujiwara.
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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. ln para 6 of Fujiwara is taught
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`that to attain a mechanical release, the welding needs to be feed in reverse at a feeding
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`rate greater than the average feeding rate of wire feeding. Again para 6 of Fujiwara
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`teaches a greater than average feeding rate and a selection of a velocity amplitude
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`therefor. The secondary references amplify this teaching.
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`Lastly, the whereby clause recites different velocity amplitudes of the wire feed
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`speed. Para 91 of the present application indicates that this can be a trapezoid like para
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`60 of Fujiwara teaching a trapezoid too. Fig 5 of Fujiwara teaches different waveforms
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`above and below the AV. 8ee para 6,11,39-at least one of,46. Para 60,61 ,62 are one
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`embodiment showing a trapezoid. 8ee (para 63) (fig 1,5,para 60-64) for different
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`amplitudes. 8ee col 3 lines 50-60 of Huismann and para 2,71 of Narayanan for
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`improvements similar to Fujiwara and appellants.
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`Appellant discloses in para 75:
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`[0075] Basic wire feed speed controller 14 outputs the basic wire feed
`speed W81, which is the reference of the periodic feeding of the welding wire.
`Basic wire feed speed controller 14 includes a table or a mathematical formula
`to associate the set current with the basic wire feed speed W81. The basic wire
`feed speed W81 is determined based on the set current set by welding condition
`setting unit 18. The relation between the set current and the basic wire feed
`speed W81 can be predetermined by, for example, experiments.
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`

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`Application/Control Number: 13/820,557
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`Page 11
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`Art Unit: 3742
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`Para 77 and 78 iterate this teaching that experimentation, table and
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`mathematical formula are used for predetermined settings for welding conditions.
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`However these tables, experimentations and mathematical formula are not disclosed.
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`Moreover such devices are according to Fujiwara optimization not invention(para
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`12,14,46).
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`The rejection should be affirmed.
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`Appellant argues that the Fujiwara references teaches away on page 5 line 7 to
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`page 5 bottom. However the PTO disagrees.
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`Fujiwara does not just teach the same velocity amplitude above and below the
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`average feed speed. That allegation ignores that the reference point on the diagram for
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`the “y” axis is relative. The initial or basic feed speed is relative to selection of a suitable
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`welding current for welding conditions. It appears that this is determined by
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`experimentation. Further para 6 of the reference teaches different feeding rates and
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`velocity amplitudes. Trapezoid forms are taught like appellant and the secondary
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`references. There is no teaching away. A zero feed rate is just a relative location of a “y”
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`axis for gaging different amplitudes. The term “basic” is not described with reasonable
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`certainty in the present specification if described at all as substantial experimentation is
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`needed.
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`The rejection should be affirmed.
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`Appellant argues on page 6 line 5 to page 7 line 9 that it would not have been
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`obvious to modify the waveforms of Fujiwara based on the waveforms of the secondary
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`references. However the PTO disagrees.
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`

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`Application/Control Number: 13/820,557
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`Page 12
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`Art Unit: 3742
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`All the references teach other shapes for the waveform like a trapezoid(para
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`60,61 ,63,65,57 of Fujiwara). Fujiwara teaches that a greater amplitude is used in one
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`direction of the feed.
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`The rejection should be affirmed.
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`Appellant argues on page 7 line 14-page 8 line15 the rejection of claim 14 and
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`relies upon its argument for claim 1. Again the PTO disagrees.
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`In turn and following appellant’s lead, the arguments advanced above with
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`respect to claim 1 are incorporated here. The rejection should be affirmed.
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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 the abstract in WO 2007/094090 (US 2008/0314884)
`
`supplied by applicants:
`
`A wire feeding speed is decreased to a level lower than a base wire
`feeding speed in a short-circuiting period, and set to the base wire feeding speed
`in an arcing period. During the arcing period, a welding current is increased to a
`predetermined peak value by means of current control from the start of arcing to
`a first predetermined time, the welding current is then supplied with a welding
`voltage, a source voltage of which is controlled constant, from the first
`predetermined time to a second predetermined time, and the welding current is
`decreased to a predetermined base current by means of current control from the
`second predetermined time until the end of the arcing period.
`
`For the above reasons, it is believed that the rejections should be sustained.
`
`Respectfully submitted,
`
`/ Frederick Calvetti/
`
`Examiner, Art Unit 3742
`
`Conferees:
`
`Tu Hoang
`
`

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`Application/Control Number: 13/820,557
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`Page 13
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`Art Unit: 3742
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`/DAVID ANGWIN/
`
`Supervisory Patent Examiner, Art Unit 3742
`
`/TU B HOANG/
`
`Supervisory Patent Examiner, Art Unit 3742
`
`Requirement to pay appeal forwarding fee.
`
`In order to avoid dismissal of the instant
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`appeal in any application or ex parte reexamination proceeding, 37 CFR 41.45 requires
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`payment of an appeal forwarding fee within the time permitted by 37 CFR 41 .45(a),
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`unless appellant had timely paid the fee for filing a brief required by 37 CFR 41 .20(b) in
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`effect on March 18, 2013.
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`

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`Application/Control Number: 13/820,557
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`Page 14
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`Art Unit: 3742
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