throbber
Application No.: 13/820,557
`Amendment Dated May 5, 2016
`Reply to Office Action of February 11, 2016
`
`RemarkslArguments:
`
`MAT—10584US
`
`Claims 1~6 and 10—23 are presently pending, with all pending claims
`
`rejected.
`
`Applicants herein amend claims 1, 3, 4, 14, 16, and 17, and cancel claims 2, 10, 15, and 20
`
`without prejudice or disclaimer.
`
`No new matter has been added.
`
`Reconsideration is
`
`respectfully requested in view of the above amendments and the following remarks.
`
`Claim Re'ections Under 35 U.S.C.
`
`112
`
`Page 2 of the Office Action sets forth “Claims 1—23 are rejected under 35 U.S.C. 112(b)
`
`or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite...” In particular, the Office
`
`Action asserts that “[t]he term ‘basic’ is not understood.” Applicants herein amend claims 1
`
`and 14 to clarify that the “basic wire feed speed" is an average feed speed for a set welding
`
`current. Applicants respectfully submit that one of ordinary skill
`
`in the art would understand
`
`the scope and determination of the “basic wire feed speed” in the claims when read in light of
`
`the specification. Accordingly, Applicants respectfully request that this rejection be withdrawn.
`
`Claim Rejections Under 35 U.S.C. § 103
`
`Page 3 of the Office Action sets forth “Claims 1—6, 10-23 are rejected under pre-AIA 35
`
`U.S.C. 103(a) as being unpatentable over Fujiwara et al
`
`(WO 2011/013321...)
`
`in view of
`
`Narayanan et al
`
`(US 2006/0070983) and Huismann et al
`
`(US 7,102,099).” Applicants
`
`respectfully submit that these claims are patentable over the applied references for the reasons
`
`set forth below.
`
`Applicants’ invention, as recited by claim 1,
`
`includes features which are not disclosed,
`
`taught, or suggested by the applied references, namely:
`
`...determining a basic wire feed speed, the basic wire feed speed
`being an average feed speed for a set welding current...
`
`...feeding the welding wire at a predetermined frequency and a
`predetermined velocity amplitude with reference to the basic wire
`feed speed,
`
`wherein an upper velocity amplitude of the wire feed speed above
`the basic wire feed speed is different
`from a
`lower velocity
`amplitude of the wire feed speed below the basic wire feed speed.
`
`Page 6 of 9
`
`

`

`Application No.: 13/820,557
`Amendment Dated May 5, 2016
`Reply to Office Action of February 11, 2016
`
`MAT-10584US
`
`A basic wire feed speed is determined to be an average feed speed for a set welding
`current. The welding wire is fed at a predetermined velocity amplitude with reference to the
`
`basic wire feed speed. The velocity amplitude of the wire feed speed above the basic wire feed
`
`speed is different from the velocity amplitude of the wire feed speed below the basic wire feed
`
`speed. These features are found in the application, for example, at page 9, line 15, to page 10,
`line 2, and FIG. 2. No new matter is added.
`L
`
`The Office Action asserts that “[t]he term ‘basic’ is...subject to broadest reasonable
`
`interpretation [and] includes average and zero.” See page 8. Applicants herein amend claim 1
`
`to overcome this interpretation by providing a step of determining the basic wire feed speed to
`
`be an average feed speed for a set welding current. Applicants respectfully submit that the
`
`applied references fail to disclose, teach, or suggest at least the above features of claim 1.
`
`Fujiwara is directed to an arc welding method. Fujiwara discloses performing welding at
`
`a predetermined frequency and velocity amplitude relative to an average speed.
`
`Fujiwara
`
`explains that using a predetermined frequency and velocity amplitude allows the welding
`
`operation to be made suitable for the welding current, and minimizes a number of problems,
`
`including defective bead, increase in spatters, and lack of penetration. See US 2012/0111842
`at 1111 61 and 62.
`"
`
`Fujiwara fails to disclose, teach, or suggest determining a basic wire feed speed to be an
`
`average feed speed for a set welding current. Because Fujiwara does not determine a basic
`
`wire feed speed, the amplitude of the wire feed speed above or below the basic wire feed speed
`
`cannot be determined. Thus, Fujiwara necessarily cannot disclose that the amplitude of the
`
`wire feed speed above a basic wire feed speed is different from the amplitude of the wire feed
`
`speed below the basic wire feed speed. Therefore, Fujiwara is different from claim 1, which
`
`requires determining a basic wire feed speed to be an average feed speed for a set welding
`current, and feeding the welding wire such that an upper velocity amplitude of the wire feed
`speed above the basic wire feed speed is different from a lower velocity amplitude of the wire
`
`feed speed below the basic wire feed speed.
`
`The Office Action asserts that it would be obvious to modify the waveform of Fujiwara
`
`based on the waveforms of Huismann or Narayanan. ‘ Applicants respectfully disagree for two
`reasons.
`
`Page 7 of 9
`
`

`

`Application No.: 13/820,557
`Amendment Dated May 5, 2016
`Reply to Office Action of February 11, 2016
`
`MAT-10584US
`
`First, Huismann and Narayanan, do not provide any teaching regarding the amplitude of
`
`wire feed speed above or below a basic wire feed speed determined in the manner recited in
`
`claim 1. Without such a teaching, one of ordinary skill
`
`in the art would not have modified
`
`Fujiwara based on Huismann and Narayanan to (1) include the determination of a wire feed
`
`speed, or (2) cause the amplitude of the wire feed speed above the basic wire feed speed to be
`
`different from the amplitude of the wire feed speed below the basic wire feed speed.
`
`Second, one of ordinary skill would not have modified the waveform of Fujiwara based
`
`on Huismann and Narayanan.
`
`“If proposed modification would render the prior art invention
`
`being modified unsatisfactory for
`
`its
`
`intended purpose,
`
`then there is no suggestion or
`
`motivation to make the proposed modification.” See M.P.E.P. § 2143.01(V). As set forth
`
`above, the disclosure of Fujiwara is directed to the use of a welding waveform that maintains a
`
`predetermined frequency and amplitude relative to an average speed in order to achieve the
`
`recited advantages in the welding process. See US 2012/0111842 at 111] 61 and 62. According
`
`to the express teachings of Fujiwara, modifying the waveform of Fujiwara to remove the
`
`predetermined frequency or amplitude would prevent
`
`the realization of
`
`the disclosed
`
`advantages. Thus, one of ordinary skill
`
`in the art would not have modified the waveform of
`
`Fujiwara to remove the predetermined frequency or amplitude based on the teachings of
`
`Huismann or Narayanan, or indeed any other prior art reference.
`
`For the above reasons, Applicants respectfully submit that Fujiwara in view of Narayanan
`
`and Huismann fails to render obvious the features of “...determining a basic wire feed speed, the
`
`basic wire feed speed being an average feed speed for a set welding current...feeding the
`
`welding wire at a predetermined frequency and a predetermined velocity amplitude with
`
`reference to the basic wire feed speed, wherein an upper velocity amplitude of the wire feed
`
`speed above the basic wire feed speed is different from a lower velocity amplitude of the wire
`
`feed speed below the basic wire feed speed” as recited in claim 1.
`
`Accordingly, for the reasons set forth above, claim 1
`
`is allowable over the applied
`
`references. Therefore, withdrawal of the rejection and allowance of claim 1 is respectfully
`
`req uested.
`
`Claim 14, while not
`
`identical
`
`to claim 1,
`
`includes features similar to the features of
`
`claim 1 discussed above. Thus, Applicants submit that claim 14 is allowable over the applied
`
`Page 8 of 9
`
`

`

`Application No.: 13/820,557
`Amendment Dated May 5, 2016
`Reply to Office Action of February 11, 2016
`
`MAT—10584US
`
`references for at
`
`least
`
`the reasons set forth above with respect
`
`to claim 1.
`
`Therefore,
`
`withdrawal of the rejection and allowance of claim 14 is respectfully requested.
`
`Claims 3-6, 11—13, 16~19, and 21—23 include all of the features of one of claims 1 and
`
`14, from which they respectively depend. Thus, Applicants submit that claims 3—6, 11—13, 16~~
`
`19, and 21-23 are allowable over the applied references for at least the reasons set forth above
`
`with respect to claim 1. Therefore, withdrawal of the rejection and allowance of claims 3-6, 11-
`
`13, 16-19, and 21—23 is respectfully requested.
`
`Conclusion:
`
`In view of
`
`the foregoing amendments and remarks, Applicants submit
`
`that
`
`this
`
`application is in condition for allowance, which action is respectfully requested.
`
` JLE/dmw
`
`Dated: May 5, 2016
`
`P.O. Box 980
`
`Valley Forge, PA 19482
`(610) 407—0700
`
`The Director is hereby authorized to charge 0r credit Deposit Account No. 18-0350 for
`any additional fees, or any underpayment or credit for overpayment in connection herewith.
`3026423
`
`Page 9 of 9
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket