Transcript of Record — Graver Tank & Mfg. Co. v. Linde Air Products Co. (No. 2)

Supreme Court brief1949

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CSTE

. Ty 5

. 1045

* {fol. 1045] This invention relates to.a method of electric -

- are welding in deep flux, and also to the flux employed.

The simplicity of bare wire-eléctrode welding recommends’

_it above all other methods. It is unfortunate that: the met-

. allurgical and physical properties of metal deposited i in. this

simple manner are se poor as to make the method unsuitable

where reliability and ductility are prime requisites. Fluxes,

heihg non- metallic in nature and: generally applied to the

exterior of the electrodes render it impossible to make. elee-

trical contact with the electrode except at certain intervals

where the rod has been bared to permit contact. Thissolk — .

stacle assumes great proportions in automatic arc-welding

wherein a continuously fed ele¢trode must be used. When

these bared sections reach the melting zone metal of inferior

quality is deposited: The current must pass. thronugh.a

variable length of rod, the length between the are and the

contact point, heating. it sufficiently to crack off the flux

covering and further to add an IR drop to the are voltage.

This IR drop is not constant in. magnitude but varies aecord-.

ing to the position of the contact point relative to the are. -

Tlie relay, unable to discriminate between are voltage and _

electrode drop, cannot maintain the constant are length.so-

necessary to successful welding unless compensatory means °

are resorted to. These difficulties therefore limit the energy

-which may be expended in the are. We are not aware of eur-—

rent values in excess of aiwut 500 amperes being used in this

manner of welding. The energy, limitations above mentioned.

make the welding of heavy plate a- multiple pass protess.

The soundness or homogeneity of the metal cannot be as-

sured unless the fused flux is renioved between successive

passes. Acyumulated stress is introduced into such welds.

Unless each layer of deposited metal is peened to relieve

this stregs the united parts will have been deflected through

| fol. A046] the agency of this stress.

~ There ‘s another means of applying -protective flux. It

consists in utilizing a thick coating of finely divided material,

‘a flux, which covers the seam to be welded. The welding elpe-

trode, which is a bare wire of suitable composition, is fed

down by conventional feeding means and the. are is struck

under this powdered flux. The electrode is traversed at a

constant rate along the path to be welded. The process ‘is

such that the operator cannot see the progress of the weld,

the are being submerged in the fluxing material. Direct eur-

rent is employed at a voltage of about 30 volts with ¢ current

1046

values: up to 900 amperes. The flux used in this system has

been, in the past, a natural clay of approximately the compo-

sition used in making brick. Specifically the = ing is an

analy sis of such a flux: ..

; x} Si 0: DO. 6% fO

Al: Os 18.86

Fe, ( Vs 4. 34

Mn ° 600

‘Fe | 3.03

“This method, retaining as it does the advantage of feeding

current to a bare wire at a point adjacent to the weld, is

seriously deficient in the quality of the weld metal deposited.

A weld made by this method has ample ‘strength but is so

porous that it ean hardly be said to be satisfactory. It is

therefore customary to hand weld on the opposite side to

insure superficial freedom from holes. It has not been

found possible to extend. this method beyond 4 inch plate |

and there is no immunity from holes in any- thickness.

The vigor. of the are ‘abanereei ender. this dust projects

(fol. 1047] .a continuous cloud of material into the atmos-

phere. An evidence Bagley. of gas that is emitted

by a flux of this nature is afforded by the fact that the weld-

ers very frequently. wear gas masks to protect themselves

~ from the dust. Since ‘the dust is thrown up by the gas that

is evolved: from the flux and the weld metal, it is tot surpris-

ing that gas holes should be found in the. metal of the weld. |

It is the purpose of this application to deal with a new

~~ method, designated as >ubmerged-are electric welding,

wherein a bare wire electrode of ary: diameter may be em-

ployed and in which plates of 14%-inches thickness may be .

welded in a single operation by a weld whose densit 518

equa! to-the parent metal and whose’ properties are sucly as.

to inspire confidence in atiy-application: Furthermore, the

weld is of such low internal stress that no evidence of plate

deflection is apparent after its completion. - It is well known.

that all insulating materials become increasingly ‘conductiv e.

as their temperature tises ‘and finally, when in .a molten. -

state, they exhibit the well -known electrolytic phenomenon

which ig the’ basis of the aluminum industry. It was there-

fore deemed desirable in order that gas liberation be re.

SUPREME COURT. OF THE UNITED STATES

OCTOBER TERM, 1948

No. 184

GR AVER TANK & MPG. CO, INC. THRE LINCOLN |

ELE CTRIC COMPANY, GR AVER TANK bg MEG. -:

CORPORATION, PETITIONERS

ts,

THE LINDE AIR. PRODUCTS COMPANY

GRAVER TANK & MFG. CO. INC. THE LINCOLN

ELECTRIC COMPANY, GR AV ER TANK & MFG.

CORPORATION? ie ETITION ERS,

ts,

THE LINDE ATR alain COMPANY

ON WRITS OF CERTIORARL TO THE UNITED STATES COURT. OF

AFPEALS FOR THE & VENTH CioReU[T ~*

» [ ji VOL. Tl

: ‘ . Orginal Print

- Plaintiff's tria! exhibits:

\ 125-—File wrapper -and contents—Patentees’ aban-

‘doned application, Serial No. 657,836 © — i 1042. 1043

126— File wrapper. and contents —Patentees’ aban-

doned application, Serial No. 705,892 - " 1100 * 1074

127- File wrapper and eontents’ Patent in suit, No. yas tec

2,043,960 . eee Rhee HSS = 1103

175-A- Photo of vacuum tank experiment - F2a3 1136

Jupp & Derweiter (Isc.), Printers, Wasniscros, D. C., Nov. 18, 1948.

9431

ae eo: : INDEX

‘Plaintiff's thal! exhibits—( ‘ontinued , Orginal —- Print

175-B-, Photo of vacuum tank experiment 1224 136

175... Photo of. vaeuum tank expernuent Pel ee P|)

216.8- Form of plaintiif’s lieense agreement — b2a6- 2087 .

- 217-—-Letter,-R. E. Cornwell to J.P. Lincoln, Sep. . ie

‘tember 10, 1943 . es are eS

218-G—Purechase contract--Oxweld Rods for Cuien

— anelt Welding hn Pe ee 1230 14S

"219 Letter, J. F. Lincoln to’ R. E. Cornwell, October .

SRS. Te 43 NNT

220 - Dratt cross-license agreement, enelosed with above Ks

_ iter af October 8, 1941 . . 1804 1148.

25--Photo of welding, Christy a eh > > a 12

I sien trial exhibits: . 52 .

88-—Patentees’ orginal notés — 1248 L153

98-A to 98-Y, ine.--Colleetion of Linde sales instruc. - Z

* tion letters rk 13600. 1265

104-A—-Letter, J. Fo Lincoln to R. BE. Cornwell July. ;

“31, 1941 Hie L325

M2 2 Patents cited as showing: old forge’ welding com

pound; No, 277,303 to Whiteomb and No. 1.283,000

to Roberts - 14h4 1328

143. —Patents cited as s showing electric furnace. fluxes;

No. 721,703 to Heroult and No. 1,842,052 to Greene 1417 1335 _

144 — Patents cited as showing quasi-.re type fluxes > .

No. 1,041,525 to Strohmenger — ;

No® 1,241,899 to Armstrong

No. 1,277,639 to Peseatore

No. 1,441,685 to Jones ©. see Wet 1346

-Patents cited as showing prefused . welding epom-

aoe — 3

No. 1,467,825 to Armor

_No: 1,741,031. to Miller

No. 1,748,785 to Miller — ; :

No. 1,754,566 to Miller ‘ marae 1435 1355

. Stipstation ax to record — Pee * 1444

{ fol. 1042] PLatntire's Exar 125 _

; Department of Commerce

U nited States Patent: Office —

~ To all persons to whom these presents shall come, Greet-.

ing: This is to Certify that the annexed is a true copy from

the records of this office of the File Wrapper and Contents,-

in the matter of the Abandoned Application of Lloyd T.

Jones, Harry E. . Kennedy and: Maynafd A. Rotermund, —

Filed February 21. 1933, Serial Number 657,836, for Im-

provement in Method of Electric Are W elding and. a Flux

Therefor.

In testimony whereof -I have heretinto set my —_ and

caused the seal of the-Patent Office to be affixed at the City -

of W ashivgton, this fourth day of October, in the year of

our Lord one thousand nine hundred and- forty-five and of

the Independence of the United States of America the one

hundred and seventieth.

Casper W. Ooms, ‘omfhissioner of’ Patents. (Seal. )

Attest: v. A. Coulter, Acting Chief of Division.

1184-185

A de a ob

aie

acid and one

1047

\ wl ~~ "

duced toa minimum that a flux be produc ed capable of oper-.

ation with alternating current in order that the effect of

this phenomenon might he controlled. Sach a flux was pro-

duced.

When an eleetrie current is passed thireugh a material

which becomes.a Nernst -conductor at a low temperature a:

relatively large area of the 7 ‘rial willtbe engaged in the

conduction. Conymoin. salt: Ch) is a murterial of this-

ciass.. If it is used-ar a flux Ans c menonl is conducted Pol the

elestrode to the phate: almost entirely by-the fused electro-

Iyte. So mueli ‘salt is invelved in the conduction that the

ek [fol. 1048] en ergy density is insufficient to produee fusion -

of the plate or wire. If on the other hand a material becomes

a Nernst conductor ‘at an exceedingly high temperature,

very ttle of the material i is involyed in the econduetion, the

energy is thereby so conce trated as to melt very deeply

and With very small cross section, An example of the lat-

-ter type of material might be common sand, From. the fore-

going it is clear that by a proper selection of flux, the energy.

density on the parts to be welded inay be eantrolled and that

e jectrolysis with its consequent production of gas may be

‘avoided by the use of: alternating current: However, “alter-

niting current has been entirely unsuitable with fluxes. here-

tofore used. -In the sample analysis of a customary: flux.

i; will be noted that silica is present to the amount of 50%.

. We have noticed in analyses. of welds: made with the usual

flux and direct current that the silicon content of the metal

after welding exceeds that of the parent, metal or the rod

while the earbor content is less than eithtr. Such welds

are invariably fuil of holes, A rational explanation is that

the enrbon of the weld metal reduces the-silica of Ahe flux .

With the generatior. ef carbon monoxide and the release of

silicon, according to the well known chemical reaction.

We have 2-08 a flux, consisting of two components, one

basie.: Moré specifically stated a flux.may be.

formed by fusing as a hase caleinm carbonate and silieon -

dioyide in such proportions as to form a neutral slag, the

restltant. cempound being principally ealcinm silicate.

‘After fusion the material is finely. ground, ‘laid upon the

seam to be welded, the electrode submerged in the powdered?

material and thesure struck. The welding proeveds under

this material unobtrusively, the operator hardly cognizant

that welding is taking. place. Sucha flax Nys extreme pene-

tr ating power, so great in a fast that a solid. plate. 14 inches —

NUMBER Seren of 1808) S oe aon -ATENT: No. 7 i.

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tions and amendments therein, to receive the Patent, and: to transact

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1044

3 1048

—_. _ [fol. 1049] thick will be penetrated almost instantly by a

~~earrent of 160@amperes. In order to cause the energy to

be distributed oyer a larger area we added, in various pro-

. portions, a matetiél capable of reducing the energy concen-

tration-and thereby widening the weld. A preferable mate-

rial for this purpose is calcium fluoride. This material in-

- proper amount functions in exactly the same manner as

‘inereasing the arc voltage, but without the usual disadvan-

tage, of, a/long.are. There are of course other materials |

which function ina similar menner ; talcium chloride, sodium

chidride, etc., and.there‘are other materials suitable to f orm

thé main body of the flux. Magnesiumi silicate, manganese

“siliate, or these in combination serve admirably. When the

arc is struck the energy liberated instantly fuses that portion. . ”

- of the flux in the immediate vicinity. The weld penetrates toa

_ depth dictated by the composition of the flux and the voltage |

and current employed. The electrode feed motor supplies the |

-électrode material at such a rate as to maiutain an.are po-

"tential of approximately 32 volts. The travel motor Causes

the electrode to traverse the seam at such a rate as to com-

pletely fill the groove which has been. provided by beveling

.the plates before their abutment. Under these conditions

it is perfectly possible to produce a weld in a plate 1% inches

in thickness at a rate.of approximately six inches per min-

ute with a current of 1600 amperes. Further, we have

* found it possible to introduce desirable element’ into the’:

. weld metal by incorporating the particular elemefits as com-

» pounds ‘in the“flux. Thus, when we use manganese silicate

_ we may introduce manganese into the weld. Carbon may

¢ — be given-to the weld metal by incorporating it as caleitm

carbide in the flux. .Whilé we prefer to form out flux by

introducing a mixture of compounds: into a furnace and |

fusing.them at such a temperature that no further chemical -

{fol. 1950] action will take place, we have Formed fluxes

‘ - from their solutions; Naz SiOs+ CaCh > Ca SiOs++ 2 Na

_ Cl. -The calcium silicate thus obtained is equally effective

- asa flux. It-has heretofore heen regarded that the thief

_ ‘requirement of a flux was that it exclu Je the atridsphere—

_ Which was held responsible’ for most welding evils. We

have: found that a fluid flux not. only serves this end but

through a proper control of melting point, its temperature--:

resistance characteristic and the proportions of its chemical -

constituents it ean expand the welding field ‘far beyond its -,

present ‘limitations. A further very necessary. property is

me?

ee a ae - "1089.

- that, the flux be readily remov ed at the fomer of. the

” wold That portion of the material that has not be ‘en fused ©,

_is removed by a vacuum system to be returned to its storage —,

tank. That which has been fused lifts off intact from the — *

weld exposing a. perfectly symmetrical uniform weld, A

cross section of our weld shows ‘the fused metal to have

almost parallel sides and to. be almost independent of the

character ofthe vee. ¢ Since‘the amount of metal solidifyi ing

' is uniformly wide, unequal stresses’ tending to warp the’

plate do not exist.

It-is quite passible with our ‘tes to use direct. current, or

‘it is possible to superimpose direet. current on eehees

current. Alternating current alone is preferable.

_ A vast number of experimental welds support the coneln-.

sion&hat the properties of a.successful flux for this metl Od

: of welding are these: s

(1) The cheiiteat reactions between the components. é

of the flux must be completed before it is used in weld-

ing. Failure in Ske regard most surely invites po-

rosity. >

(2) It must be capable of sbboetibig the penetration

and the width of the weld. : ‘

(3) Its meiting point must be such that it will not

become entrained with the molten metal. a]

[fol.1051] (4) It must consist of chemicals which are

not detrimental to the properties of the steel, and

ak |, It must be readily removable from the finished —

~ weld. <s : |

: <

The composition of the flux is of the utmost importance.

The particular composition that is to be used is determined -

by the quality and thickness of the metal plates to be

welded, by the current and voltage to be tsed, and by-the

properties it is desired to impart to the weld metal.

We have used calcium silicate and silicates of sodium,

‘barium, manganese, cobalt, magnesium, ‘nickel and alumi-

nun, both in binary and ternary combinations, in various

proportions,

We have used adil titanatg and various titano-silicates,

- these being used when it is desired’to introduce titanium into

the weld metal. | :

= bined with the flux. Such an agent may.

1050

In order-to control the. fluidity of the siden compound

-we.adjust the proportions prefious to fusion. In order *

_ to further control the fluidity and electrical conductivity we

~ also utilize a fluxing agent.

Besides the fluxing properties that niay be pane to

the various oxides used:in forming the flux we add borax,

boric acid, sodium chloride, calcium: chloride, feldspar,

fluorspar, or sodium tungstate. The choice of fluxing agent

‘is of small importance in general. It may be stated ‘that

the addition. of boron compounds to the flux will add boron |

to the steel. Silicon, manganese, nickel and other’ ingre-

' dients may be added to the weld métal deposited by properly :

adding their compounds to the flux. -

The depth to which the parent metal -is melted by the |.

operation of the are is also controlled by the composition .

-_... of the flux.‘ In many instances where a welding operation

is taking place the penetration obtained when metallic

silicate alor.. ‘is employed will be unsuitable, that is pene-

[fol. 1052] ization may be tdo shallow or too. deep, hence

an agent controlling penetration-is-desirable and is com-

halogen or alkali metal compounds, such as ium chloride,

calcium chloride, fluoride, ete. These compounds, when

combined with 4 metallic silicate, titanate, ‘or phosphate

vary, the melting point of the flux and as such ‘aid in con-

;one..of the **

~ trolling the penetration when welding is taking place. —_.

changing the proportions of the flux during its preparation

we have been ablé to cause an are of 1500 amperes to. melt

to a depth of 1.5 inches. in-solid steel plate or to melt to a

depth of only 0.1 inch. Since.in welding we encounter condi-

tions requiring large penetration as well as conditions mak-

ing it desirable that penetration be small, we do not wish

to be limited to. a. particular compositign’ that will make

other than a single depth of penetration impossjhle. Depth

of penetration is also a function of voltage, current, size of

welding wire.or rod and speed of traverse. ~~.

The metallic silitates employed do not readily Midiasbide,

If it is desired té introduce a metal that will alloy with the

weld metal manganese, nickel or like metals may be. added,

as compounds, to the flax. They are not necessarily added

in the metallic.state’ but may be added as silicates of the

metals; for example if manganese is to be added a prede-

termined proportion of manganese silicate is added to.

caleuim silicate, preferably by fusing. The main body |

ee ee ne 1051

material of the flus i is alw ays composed. of two. components,

one acid:anil one basic. These components are combined by

‘fusion, and if proper proportions are employed, a neutral |

ftux results. If it is desired to alloy the weld.metal, either-

thesacid or the basie component forming the flux may, be

’ added in excess in order to cause to enter the. weld: metal

[fol 1053] the metallic component of eitlier the acid or

the basic member.

-Particular fluxes that + we have used are as follows: :

(1) Calgium silicate ‘both fused and chemically precip-

; itated, proportions varying from 2Ca0.Si0:; to. Cad. 38i0:. .

Fluxing materials added: sodium silicate, borax, borie acid,

alumina, fluorspar, iri me oo chloride, sodium

chloride. one : :

(2) Marounens silicate 4c0. SiO: : ;

b Calcium-Mag esium}. silicate Cad MeO SiO:

( 4) Calcium Iron silicate CaO FeO SiO: — : 8

(5). Caleium Aluminum silicate CaO Al.03‘Si0: _

(6) Caleium Titané-silicate-Ca-Ti-Si0,—__ Sacre

In particular a flux may be formed as follows: : Calcium

carbonate, sodium garbonate and silica are mixed in such —

proportions that one-half the silica will be used in forming

calcium silieate aiid one-half used in forming sodium silicate, :

there being no excess of. the. ‘earbonates.’ To the mixture

istaddedsten per cent of borax or borié acid. This mixture

-. is then fused, poured and cooled and finally groiind to a fine ,

pow ders A smaller amount of borax may suffice depending ——

upon the temper ature available in the melting furnace.

It is obvious that variations mgy be rep in the particular

proportions of the compounds used with .a consequent

‘change in the melting point and electrical conductivity. For.

the more penetrating fluxes it is desitable to increase the

amount of silien to such a degres than uneombined silica

remains. : f.

- When uncombined silica is present in the flux the heat

of the are decdmposes the silica or in any event renders if

more easily transferable tothe weld ametal. For each.

im molecule of silica dissociated there will also:be liberated

a ja molecule of oxygen, This molecule, if thermally hb-

rated, -is free to escape as a gas, if liberated cleetroly-

m+)

1052 ; s : . Feel tad ae as

[fol. 1054] tically it may attach the carbongcantent of the

metal, . SESS armen gh ath, wb ad eg

[fol. {055} Having thus described our itivention, what we -

claim. and desire to secure by Letters Patent is—

Per B STS ta”

-~-

e ©

' * 1. A fluxing material for electric arc welding consisting

of. two components, one acid and one basic. ee

_ 2. A fluxing material for electric are welding consisting

of a body material ¢omposed of ‘two components, one acid

and one basic, and ‘another material whereby. the. energy

density of the are on the parts to beywelded is controlled.

3. A fluxing material for electric are welding consisting =.

of a body material composed of two components, one acid

and one basic, and another material whereby the electric

conductivity of the flux ts- controlled. ,

4. A fluxing material for electric arc welding consisting .

6f a body of material composed of two components; one acid

_____-and_ one basic, and--a-compound whereby metal deposited

‘ *. during welding is alloyed. -

. 5: A method of forming a fluxing material for electric |

are welding whieh consists in mixing two components; one

acid and one basic, causing a substantially complete chemical.

- reaction- between the components by subjecting them-to a

sufficient. temperature to cause fusion, and then cooling and—

grinding:the fused material. - Nee ae

-[fol. 1056] 6. A-method of electric welding which consists _-

_ in subjecting the parts to-be joined to the attion of an elec-

tric current, said currenf passing substantially wholly

_ through a flux placed on the parts to be joined, said flux con-

sisting of two components, one-acid and one basic, chemical

reaction between the components, having been previously |

completed. | | :

_ 7. In electric are welding employing a flux, a method of |

controlling penetration of the are-which consists in con.

trolling the melting point of the flux. 7 2

__ [Matter enclosed between rules erased in copy. | 3

- 2

a ms

= . =) 2 Z

8 In dates are "welding employing 4 as a method of

alloying the metal deposited during welding which consists

_in adding a metaHie compound to the flux.

9° A method oftelectric are welding with alternating cur-.

rent which consists in substantially enclosing the arc in a

-flux’ havin ¢, sufficient conductivity: to re-establish the. are \

‘betw eenja ernations of the current.

tt % if

eae ‘Per Bore

10. A fuking material. for acd seattle are Welding

composed. of a metallic. silicate.

11. A fluxing material‘for electric are ¢ welding: compris-

ing netallic silicate and a halogen compound. : .

"42,-A fusion material for electric are weldjng. comprising .

metallic “ee and calcium fluoride.

zy S a 4 Rives

. Bor B—: os

° f. caigssll

——

—=——— -

ani nine ~—-

——-

13. A@axing material for electric arc welding comprising

_ metallic“silicate and another material for controlling the

composition of the metal deposited.during y elding.

7 : 5

- Bi

‘[fol. 1057] ‘14.-A metho of . pea a ‘a fluxing siskevtel—

for are welding which ¢ nsists in mixing silica and lime,

“Tieating said material té a sufficient temperature to produce’

-° ealejum, silicate, . and hen. cooling and granulating. the

calckum silicate.

‘ Per A. 15. [n. an electric are welding sy stem employ. -

; A

«A. ing a flux, al’ 3 x method of alloying the metal

lee 4 electric arc.

iouae — during A — which consists in

‘and

ate. e adding a.metallic waned to the flux, , reducing

~ the flux and the added metallic compound :to a_

thereby

[ Matter enclosed between rules erased in copy. 4

Words and figures enclosed i in brackets erased in copy. ]

sie

* i °

" g 2? .

& $e sre . v e

1054»

Per A. ‘finial atin by means of rine heat of the arc, ,

{and]* transferring by electrolysis the metal of ©

. the metallic compound to the molten metal deposited by ‘

the are. . ay

16. A method. of ein - . welding i in the’ presence of

flux which has been rendered chemically: inactive.

17. A method of ° preparing a flux for ‘electric welding

which consists in ite Aaeaatat a metallic’ silicate from a

soluble silicate. : , ee eG sis

- 18. In submerged electric are welding a sated of pre-

venting gas formation during welding which ‘consists in.

alternately reversing the polarity of electrodes. - Soe

19.°-A method of electric welding:which consists in sub--

jecting the Parts to be joined to the action of an electric

_-enrrent passing substantially wholly through a flux placed

on the parts to be joined, said current being periodically -

reversed to prevent electrolysis, said flux consisting of two

componerits, one acid and one basic, tlie. chemical reaction —

between which i been previously, completed.

: (fol. 1058) eee oe PerB 2S ee

. 20. A fluxing wianerlic for electric are 6 welding consisting

of two components, one acid and one basic, the acid com-

ponent being in excess in order to cause to enter-the weld

metal the metallic component of the acid member.

21. A fluxing material for electric are welding consisting

of two components, one acid and one basic, the basic member

* being in excess fo cause to enter weld metal the metallic

compouyt 0 of the basic member. ges Sat

Insert’ B’.>

Lleyd T. Jones, Harry Ee - Kennedy, Maynard A. |

Rotermund. ae

: 2

eo. f° w ords. ani figures sntlebed in n brackets evnel in copy.] |

A. {Matter enclosed betw een tplles erased in copy.]

saan!

-months.before

ces oreroeas eee.

(Tol. 1039} ae * Oatn ors ‘ fe

Stare oF ‘Cisiauais, ' ey © :

- County of Alameda, SS:

-. Lloyd T:; Jones,. Harry E. Kennedy pay Maynard Saks

Rotermund tlie above-fiamed petitioners, | being sworn (or:

affirmed), depose and say that, they are citizens of the ee

County of Alameda, Sfate of California; that they ve

United States of ‘America, and residents of Berkeley;

believe themselves to be the original, first and joint vei

‘tors of the improvements in-Méthod of Electric Arc AVeld-

ing and. a.Flux Therefor described and claimed’ in the

_-annexed Specification ; tliat they do not-know afid_do not

believe that tle same was ever known or used Pie their’

- invention or disedévery thereof, or patented at deseribed in

any printed publication:in any:country befére their inven-

. tion or discovery thereof, or more than to years prior fo

‘this application, or patented i in any country foreign to the |

United ‘States a an application filed more than twelve

his application, or jn public use or ‘on sale

in the Unitéd States for more than two years prior to. this

application;,and that no appliggfion for patent on said iim-

provements has been filed by4hem or their. representatives ——

or assigns in atipy country fg¥éign to the United States; and .-

. the said Harry E. Kennedy hereby states that his full first |

name is ‘‘Harry’’.- © i

Lloyd ‘'T. Jones, Harry FE. Kennedy, es ; ee

-Rotermund, (Notary en. )’. =

-Saheeribed gear sworn to before me pris Jith day -

aoe _ of: ‘February, 1933. Wm. J. Vaughan, Notary Pub-

lic in and for the ney of Ssmeentat State of

California. ae

Oath or affirmation muat be made before a Sotins Public, 7

Who Must Affix His Seal on the Gold Wafer. If Notary has .

no seal, a certificate of -the Judge or Cferk of the Court,

showing that the Notary js qualified, must be attached. If

the oath i is taken before a Justice of the Peace, a certificate —

of the Judge or Clerk of the Court, showing that: such

Justice i is qualified, must berattached.

é -

nae 7 yee > eee

a” . : . : Pee ;

> 3 et : 4 f - =f ~ Pi « z z ;

Me ec co

f . Se oth abe ee cer

. . ‘ -

:[fol. 1060] 5? ee SEO | ie

| Department _of ‘Commerce, United States Patent Oiice,

eee pe Washington. | 3

Div. 60.. Room 5896

shai only “The Commissioner of Pafents, Washing- a

* ton, D. C.,” and not any official by name. ‘a

Paper N o. 2. All communications respecting this iui: |

‘tion should give the serial number, date of filing, and name

of the applicant. : aay | :

. mae! ere ‘RIS-FR. :

soar Se : a fags . ++ May 97, 1933.

Dies find’ below ¢ mmuinication from the Examiner in:

charge of this applicat ion.

Thomas E. Robertson, Commissioner of Patents.

* Applicant: L. T# Jones et al. Ser. No. 657, B36. Filed Feb.

: 21, 1933. For Method pt Electric ‘Are Welding ete.

‘ Townsend & Lorine, | 907 Crocker Bldg. sf San Francisco, |

California '

This. ease “has ‘been examined. References made ot

"record :— «-, : ee geet

Whitcomb, 277, 393 May 8 1893 148-26

Miller, 1 748, 785 Feb. 25, 1930 148-26.

— Vervaet, 720, 300 Feb. 10, 1903 148-96.

Robinoff et al, 1 ,782,316 Nov. 18, 1930 219- 10- 67.

The claims herein are drawn to three separate: ‘and dis-

tinct inventions. Thus:

I ‘claims 1 to 4, 10-fo 13, 20 and 21 nd recite a —

- JI claims a 14 and 17 which recite a — of producing a

flux, and ~

- HI claims 6 to 9, ‘16, 18. and 19 which. eee a method of

electric welding. ae

Division is required in accordance With Rule 42.. The

°° fhethods of groups II and III are separate. and distinct

- methods one leading to creation of.a flux, the other leading .

.. to the making of a welded joint.. Further, metliods other

than that claimed in group II may be resorted to when mak-

ing the flux of group I while the process of group III.may

be bh givctemaes with fluxes other than that of group I or with

S ;

€

°o

me Sg a - . 1057

_ the flux of group I mon by a | process other than that of

group II.

‘It. is to be noted that claim 15 is not included i in the above’

grouping. This claim initially recites ‘‘in a welding sys-

tem’’ which recitation is followed -by the. recitation ‘‘a

.. method of alloying.’?’ Then follows. recitation of a step

[fol. 1061] executed. i in the production of the flux group I

- and finally there is recited. the inherent chemical reactions. :

which occur when the flux is utilized inga,welding*process.

Classification of: the claim will depend upon the nature of

amendment thereof so-as to render the claim sufticiently.

definite that the nature of the invention elaimed can Be

ascertained. : :

Art cited is the résult,of a ‘eursory ‘search and is cited és.

aid the applicant in his election and to indicate classification

of the respective inventions. oa

An action on the merits awaits settlement of the question

- of division... |

R. »L. Glass, Examiner. ie ie .

(fol. ee Depiriment of Commerce, United States

Patent Office “ :

; ‘Div. 60. “Room 5896

Paper No. 3

[Stamp :] ‘U. 8. Patent Office, ney, 1, 1933. Divi.

_sion 60.

; x

| In re igntiadinn of ‘Loyd T. Jc ones, Harry E. Kennedy,

_and Maynard A. Rotermund, Filed February 21, 1933,

if Sm:

Serial No. 657,836, For Method of —, Are Welding |

and a Flux Therefor. 3

‘San Francisco, California. Neieibiee 13, 1933.

Wadd: Commissioner of Patents, Washington, D. C¢.

Jn response ti i official action of ee 97th, 1933, the 2

above entitled application is hereby amended as follows :

- Claim 15, cancel line 1; line 2, cancel ‘flux,??; ; same line,

change ‘‘a ’ to —A— before the word “method”; same line-—~

fore «<welding” insert —electric arc—; line 3, before “ ‘‘re-

Sv 1058 ee

“ducing” insert —and—; line 5, —_ ‘and’? and insert

—thereby—p See ot ee

: ek ve Remarks ee

Le Claim 15 thine been amended t6 overconie the Examiner’ ie

objection.

| Applicants request a, reconsideration of the requirement

for division. - :

« Itis noted that the uiasinee believes that three separate

— and distinct inventions are defined by the claims presented

by applicants. a

. Applicants contend that the method of indinehaie the im-

proved flux and the flux resulting. from such method’ are .

inventions so closely related to one another that the claims

“of Groups I and IE are clearly. éxaminable in the same ._

_ [fol..1063] application. It is obvious that ‘the procedure --

. defined by method claims 5, 14-8 and 17 woald be incépable

of producing any other products: than those defined in the

_claims of Group I, which are directed to the novel fluxing -

material. Evidently the field of search in the Patent Office.

--avould be the same respecting | the subject matter of these |

‘two groups of claims: :

- Accordingly, the’ requirement, for division hakdous the

claims of Group:I and II is improper. and. should be with-

-drawn.. In this. connection, the examiner’s attention is

invited to the decision i in éx parte Cowper-Coles, 1902 C.D.

— 257 wherein the Conimissioner held that it was improper.

. to require division-between claims to a process of depositing

- gine on metallic surfaces and claims to the article produced ;

~ also, the decision in:ex parte Kilbouri et al, 1915 C.D. 40

wherein the Commissioner held that both process and article

claims should be’ allowed in the.single application before

him. *

_. The fluxing inatorial which constitutes the subject of the

: elaims in Groups I and II is an essential element of the .

"welding ; method defined in the claims of Group’III. See

- claim 6, ‘Ror example, and compare the same with-claim 1

of Group’ I and elajnr 5 of Group II. Even though the . -

‘ ‘welding method, as defined in the claims of Group III might .

_ be considered as a separate invention, it would be impossi- |

~ ble.to practice such method without. the impreved fluxing ‘

‘ vuaterial set forth in the -first*two groups of. claims. .

Therefore, the inventions defined in the claims of Groups

I, II and JIT are dependent upon each other and:mutually

: 1058

contribute to produce a single result, i.e., the. making of

_& wélded joint; and, under the provisions of Rule 41, such

inventions ‘‘may be claimed in one application.’ _

‘[fol. 1064] From the- foregoing remarks it‘ will be evi-

dent that thefé is a very close relation between the invén- _

_ tions defined in the several groups of claims. - Therefore,

. the examiner should withdfaw the requirement for division

_ and render an action on the merits of all*of the élaims.

Before repeating any part of his requiremént, the Examiner —

_ 1s requested to submit the question of requirement for divi- —

. sion to. the classification Examiner, as required by Rule.42. ©

3 Respectfully submitted, Lloyd T: Jones, Harry E.

_ Kennedy ‘and Maynard A. Rotermund, By Town-

| . send & Loftus, Their Attorneys. —

., [fol 1065] [Stamp:] Mniled Dec. 13, 1933,

a ts | ee | agree 960 | ee te A lesg

- ° . Div. 60, Room, 5896

Paper No: 4 | :

-- Departmerit of Commerce, United: States Patent Office;

wigs rs Washington . ee et aes

| RLS-FR © 2

. Address only “e The Commissioner of Patents, Washing-

ton, D. C.,’’ and not any official by name. :

: All ‘communications respecting this application should

'. give the number, date of filing, and name of the applicant. .

¢ SiR ato Sra S _ + December 13, 1933.

| Please find below'a commuiyation.from the Examiner in |

charge of this application. — see ES :

ra Conway P. Cée, Commissioner of -Patents.:,

; Applicant: L. T. Jones et al., Ser.. No. 657,836. . Filed

Feb. 21, 1933. For Method . . ... Welding ete. ,

Townsend & Loftus, 907 Crocker’ Bldg., San Francisco,

a ace eet California 3 ;

Responsive to dmeridment filed November 17, 1933. -

The question of division has been submitted to the Ex-

aminer of Classification, whose decision follows:

(2184-185

Sistem iabwee: (1) claims 1 1-4, 10- 13, 20, 21; (II) Giles

5, 14,.17; (IIT) claims 6.9; »¥6, 18, 19, is approved.

he. inventions are distinct, ‘sepatately classified and

‘searched. |

The requirement is bins made final.

R. L S. ES ees

hae. ee, ie a ae Glass, Examiner,

; fol 1066), (Stainp ] U. S. Patent Office, Jan. 5, 1934.

, Divi ision 60. ©

_ [Stamp :] “Mail Division, Jan. 4, ’34, U.S. Patent Office.

_ [Stamp:]- Desk Division, Jan. +46, 1934, U.'S. drapes

Office.

In the United States Patent Office

Diy. 60,.Room 5896

_[..'T. Jones, HE. Kennedy-and M. A. Roterinund. Method -

of Electric Arc ia elding and a Flux Therefor, Serial No.

.. 687, 836.. File ruary 21, 1933. - .

Power. of ‘Attorney =

* Accepted Jan. 8, 1934, Conway P. Coe, Commissioner.

Hon. Commissioner of Patents, Washington, D. C.

Sir: :

In the iouttes of ie above- entitled cia lieiins, you are

' requested to recognize Charles C. Sheffler, Register ‘No. °

11032, and Eugene L. Greenewald, Register No. 3276, both:

of 30° East 42nd Street, New York, New York, as, oyr

attorneys with full power of substitution and 3 grnee

to prosecute the above-entitled application, to make altera- —

tions and. amendments therein, to sign the drawings, ‘to

_ receive the Letters Patent, to transact all business in the -

. Patent .Office and before the Courts of*the District of

Columbia connected with this application or with the.

Letters-Patent resulting therefrom, and to do all lawful agts .

and things relative thereto. Kindly address all communica-

tions to-Charles,C, Scheffler. :

All previous powers of attorney are hereby rev weed

Respectfully, SSnion Carbide and Carbon Research

Laboratories, fre., Assignee of Record, By Albert ae

C., Connell, Secretary.

New York, N.Y. January 3,1934. = ig

1061

[fo}. 1067 ] : #6.

EEG.: ae ee Ge ap

"Department ‘of | Cisininens: United States ' Patent Office,

wee Washington .

/ Siang 9, 1934.

Shiai C. Scheffler and Eugene L. Greenewald, 30 East

42nd St., New York, N. Y.

“ Calif.

Applicant. Lloyd T.. Jones, Harry E. Kennedy and

~ Maynard A. Rotermund. Serial No. 657,836. Filed’ Feb.

21, 1933... For —. Div. 60. Method of Electric Are Weld- ©

ing and a Flux Therefor. -

*Tn this case your power of attorney ere bien accepted. te

| Respec Ey, Conway P. Coe,Commissioner. —

Rovekiag by assignee power of at orney to -—.

Townsend and — 907 Crockef Bldg4 San Francisco, |

[fol..1068] (Stamp: ee Mail Division, Moy il, 734, U.S.

Patent Office. “

-[Stamp: ] U.S. Pica Clie: May 11, 1934, Diyision 60.

a7. _Election -

In. —_ United States Patent Office

: Die 60, Room 5896.

_ L. T. Jones et-al. Method of Electric Are Welding and

a Flux Therefor.. , Serial No. 657,836.. Filed February. So

1933..

Hon. —— of Patents, ‘Washington, D.C.

Sir:

<Ingfesponse to tlié- Official letter of ; oer 13, ‘1933,

, applieants hereby elect to prosecute in this application: the

subject m of claims 1 to 4, inclusive, 10°to 13, inclusive,

20 and 21; and the- remaining claims are yetadned herein

. under the provisions of Rule 42, last sentence.

Favorable action on the merits: of the first group of — |

__is requested.

- Respectfally titeniteed, Euigene L. Greenewald, At-

torney for Applicants. ;

New York, N. Y: May 10, 1934. A:GM.

ao es

1062 - . “4 . . . .

[fol. 1069} "Paper No. 8 \

~All communications respecting this application should

| giv e the serial number, date of filing and name of the appli-

- cant? -

[Stamp :] Mailed Aug. 8, 1934.

oe "Div. 3, Room 4093

Sie ae

- 960.

Address only ‘‘The Pinesmuinabionie: of Patents, Washing:

ton, D: C,, ’> and not any official by name.

idkavinens of Gommeres, United States Patent Office,

Washington

Please find below a. communication from the Examiner

in charge of this application.

; -Conway P. Coe, Commissioner of Patents.

Apeticeit: L. T. Jones et al. Ser. No. 657,836. Filed °

Feb. 21, 1933. For Method of Electric Are Welding ete...

* Charles C. Scheffler, 30 East 42nd St. , New York, N n. Y.

. Responsive to letter of May 11, 1934.

Additional, references:

Severance, 429, 777, June 10, 1890, 148-26.

Jerfibeck, 1,956, 327, Apr. 24, 1934, 219-8..

A iller, 1, ‘065 009, July 3, 1934, 219-8.

Woods, 1 905,081, Apr. 25, 1933, 219-8. cf

Lloyd, 1,599, 056, ‘Sep. 4s 1926, 219-8.5. :

‘Hammers, 1,752 793, Apr. 1, 1930, 148-26.

Claim. 1 is rejected as vague and indefinite and not in

compliance ‘with R: S. 4888. The terms basic and acid com- -

ponents are vague and indefinite. Furthermore, the dis-

- closure that certain silicates are suitable for use as fluxes |

does not warrant such broad terminology.

Claims 2, 3, 4, 20 and 21 are similarly rejected. |

Claims 2, 3 and 4 are further rejected as vague and in-

definite and functional. The last two°lines of these claims

are vague and indefinite as well as functional. _ Applicant.

1063

has. claimed no particular material. but merely sets - forth,

a result. . | tel om.

Claim 13 is similarly iiahid, -«

Claim II is rejected as fully met by> Ser erance. The

* pumice- -stone satisfies the requirement for a metallic sili-

cate and the salt or sal-ammoniac that for the on com-

. paund.

Claim 10 is rejected as not patentable over any of the

above cited patents. A specification of the particular man- |

her in which the silicate: fluxing material is te be used

cannot make the claim patentabh.

G. J. . ss

(fol. 1070) ay Amendmeént BZ,

; : In ae anne States Patent Office

Div. 3, Room 4093

A. Lindsey, Examiner.

Jones, Kennedy & Seinen Method of Electric rw

WwW elding and a Flux Therefor. Setial No. 657,836. Filed

February 21, 1933 ' °. nae

Hon. Commissioner of Patents, Washington, D. C.

Sir: hee f | =

In response to the Official letter of Afgust 8, 1934, the

above-entitled application is hereby ‘amended as follows’:

Cancel claims 1, 2, 3, 4, 10, 11, 13, 20. waar 21, and insert

‘the following in liew- thereof:

Per C

-B’.- 22. A finely-divided unbonded fasible electric weld-

. ing composition containing a major proportion of a.

~ compound havi ing a basic bersacue and an acid com-

ponent... ae?

23. A finely-div ided unbonded fusible Pas weld-—

ing composition containing a halogen compound and °

a niajor proportion of a compound having both a

. basic component and an acid component.

[Matter enclosed between rules erased in copy.)

1064 /

24. A finely-divided unbonded fusible electric welding

'. composition containing a major proportion of

Insert C’. a , [compound having both a basic component ig

a) €> 7 ; 3 * ‘ \-

* and an acid cotnponent],° said composition being substan-

tially free from substances capable of evolving gas under

- welding conditions. : .< ae ;

25. A finely-divided unbonded electric welding composi-

tion containing a major proportion of a fusible [compound .

oo _ having both a basic component and an acid

Tusert C’, component]* , and a material adapted ‘to’

control the density of the welding current on the parts being

. said composition being substantially free

from substances-capable of evolving

* gas under welding conditions

Per C. welded, . :

a ae ie

26. A finely-divided unbonded electric welding composi-

tion containing a major proportion of a fusible compound —

having both a basic component and an acid component, and

a material adapted to control the electric conductivity of

said composition. : es o

27. A finely-divided unbonded electric welding composi-

* tion containing. a ‘major proportion of a fusible compound

having both a basic component and an acid,component, and

a material adapted to alloy the weld metal deposited during o

welding. eee Sree

a source of weld metal, said composition containing a major

_, and being substantially free from substances

_ capable of evolving gas under welding

| , —-.. * @onditions |

B’. proportion of metallic silicate, . -

{* Words and figures enclosed in brackets erased in copy. |

[Matter enclosed between rules erased in copy.] .°

+ i > .

29. A finely divided lita fusible elactrie “welding

composition containing a halogén compoud and a major

« . + , and being substantially. free from

* substances capable of evolving

gas under welding conditions

proportion of metallic silicate,. <p ..

Per C

30. A finely-divided unbonded fusible electric siding

compesition” containing a metalic silicate and a material |

adapted to change the composition of the wel metal de-.

- posited during welding.

31. A finely divided unbonded fusible composition. for

use in electri¢ welding employing a bare metal electrode as

a source of. weld: metal, said composition tontaining a

halogen compound and _a major proportion of alk —

: ,-and being substantially frée from ‘

substances capable of evolving:

gas under welding eqnditions: ee

Per C. metal silicate , .

_ 32. A> finely-divided unbonded fusible ‘electric welding -

composition contdining a fluoride and a major proportion a

of an alkalirie earth metal silicate.

(fol. 1072] 33. “A finely- divided rarer | f usible composi-

tion for use in electric welding employing a bare metal elec-

trode as, a source of weld metal, said composition being

substantially free from substances capable of evolving a

detrimental quantity of gas under welding. conditions and

containing calcium fluoride and a ce ae proportion of one .

or. more alkaline earth sy > silicates.—__—— 3

Refsfarks

-All-of the rejected claims- have been withdrawn and are

replaced by new claims which applicants beliéve to be en-

tirely free from the criticism advanced against the cancelled

claims: and are also patentably distinguishable f rom the art

of record.

[Matter enclosed between rules erased in copy.] -

}

Applicants are nati to undérstand wherein ine’ is any

- vagueness or indefiniteness in the terms ‘‘basic’’ and

‘‘acid’’ as applied t6 the components of applicants’ electric -

welding composition. These terms are quite clear and defi-

nite in a chemical sease and particularly from the context

of the specification. Applicants havé disclosed a variety -

of compositions, such as silicates, titanates, Phosphates, all

of which function satisfactorily for the intended purpose.

In view of this fact and the absence of anticipating art, appli-

cants are clearly entitled to claims which are sufficiently

broad to protect ‘the various compositions embraced in their

- invention. If *the examiner. considers applicants’ termin-

ology too’ broad, he is requested to cite references and au-

thority to support his rejection. Judging from applicants’

. knowledge and the prior art cited, the applicants were the

first to discover that the compositions disclosed.in the ~~

_ [fol. 1073] present application, e.g., compositions consisting

principally of alkaline earth metal -gileate in a finely-divided

--unbonded state, are ‘useful as electric welding compositions

_in which a bare metal electrode is employ ed as the source

- of weld metal. +4 at

The statements in certain claims e.g., idle 25, 26, 27

and 29, that the present electric welding composition con-

tains ‘‘a material adapted to control the density of the

welding current’’; ‘‘a material adapted to control ‘the ‘elee- -.

_trieal conductivity’’;“‘a material adapted to alloy the weld

metal’’; and ‘‘a material: adapted to change the composition.

of the weld metal’’ are neither indefinite nor functional.

Applicants have clearly disclosed’ tompositions containing

materials . which perform these functions; dnd, in the

absence of. anticipating art, they are entitled to claims:

_ which satisfa@torily cover these compositions. .

All of the patents cited.in the last Official letter, except

Severanee, relate to~ coatings “for welding eleetrodes, in

' which various materials are mixed together ith a binder

and are applied to the surface of the electrode either by

dipping the electrode ‘into ‘the composition or by painting

the composition onto thé electrade, The dipped or painted

- electrode is dried until the coating hardens’ and becomes

; practically unitary with the electrode, Therefore, these

coatings are not finely-div ided unbonded welding composi-

tions, and it is evident that the patentees do not disclose

applicants’ invention. . Obviously, the patented coating

compositions could not he applied to the welding electrodes |

on ‘. - ayes

et eget EAT LS ET

1067,

ina » Rinate-dietiied unbonded state,—it i is necessary to incor-

- porate a binder and the elect rodes ntust be dipped gr painted

[ fol. 1074) aud then dried. Applicants avoid the expense .

and inconvefience of using a binder ingredient ‘as well as

_the dipping and drying operations; arid ‘since the claims as

naw presented clearly define this ampertens difference, they

are allowable. .

The composition disclosed by Severance i is not an electric

welding composition, nor do its ingredients correspond to - |

. those of applicants’ composition, as defined“by the cla'ms ~~

now presented. The main use, of the: Severance welding .

compound is for forge welding.iron\ and steel, and there’is

no suggestion that this compound is — for electric .

welding. Furthermore,, the principal conSituent of the

Severance compound i is borax of which 33 parts are used ;

-.the remaining ingredients altogether comprise 14 parts: of

the whole, and of ‘these the dolomite, for which a silicate

- may be substituted, is only 1 part of the whole. Therefore,

‘Severance does not disclose nor suggest an electric welding

composition in which an alkaline earth metal silicate or its

equivalent constitutes the major portion of the composition.

Even if the content of the pumice-stone and the dolomite or

silicate are considered together, such ingredients still would .

constitute but a minor proportion of the entire compound. —

The cerediedt of applicants’ electric welding. composi- _

tion and their relative proportions are very important from

a practical consideration, in electric welding With a bare

metal electrode, as is clearly set forth in the present applica-

tion. Therefore, the claims, as now presented, are clearly

‘allowable since they differentiate applicants’ invention

from the references. *

. Respectfully submitted, Eugene 1. Gretuew ald, At-

~ torney for Applicant. . Ee,

Rew Yorke. Y., February 5, 1935. A:GM. °

ffol. 107: a} 260 : 5 |

Se he OS

Paper No.10.-: 5

‘Department. of ‘Conienanes, United States Patent Office,

Washington

Address: only “The Commissioner of Paterite, W ashing.

ton, D. C.,"" and not any official by name.

; a

“All Sintenininatteeis respecting this webtieiiten should

give the serial number, ° date of. filing, and name of the

applicant. ; : > :

. : B =H

Please find below a ostmiabeadion from the, Examiner i in

‘chargé of this application. .

Conway P. Coe, Commissioner of Patents.

po ere Lloyd T. Jones, H. E. Kennedy & M. A: Roter-

mund.- Ser. No. 657836. Filed Feb. 21; 1933. For Method

of Electric Are Welding one a ea therefor.:

- Apr. 26, 1935.

ad. Scheffler & E. L. Orgieweft 30 Fast 42nd St, New ue

York, N. Y..

- In re amendment filed February 6,1 1935:

Claims 22 to 27 are rejected similarly to cancelled claims

1 to 4, 20 and 21 as vague and indefinite and not in compli-

ance with Section 4888, R. S.° The claims are furthermore '

inaccurate. since applicant’ s compound if its final form does

not contain an acid and a base but rather contains, the re-

action product of these, i.e., a salt. Moreover the disclosure ©

that certain silicates, titanates, phosphates, etc.,. will be

effective would not warrant the recitation broadly of a salt.

Claims 22 to 31.are rejected as. unpatentable over Sever-

fince, for the reason noted in such rejection of Claim’11 in

the last Office action. Attention is called, particularly to

lines 84 to 90 in Severance. There is seen no invention in

_redueing the borax: content_given—by- Severance in his

specific example, and having the pumice- -stone constitute the

‘major ingredient. _— .

Claims 22 to 31 are rejected. =

' Claims = 32 and 33 may be allowed. ¢

A. Lindsey, Raieaies

Ai.

. a 4 RB hy es ms e

« Rhee Ta ee y Mert ae) pg id Se eo thee

Ae Site ath Aad co flit SiR ag oben

shin litera salle ind

UL ME La TO] i > t “

LS CRANE AE cee AD EE, f + maeed Cs ee

, ° r

ddl a SENG shi PVN OS Atay re

—~

coe 3 1069

(fol. 1076] are Amendment c ee

o In the United States Patent Office raat” ee

—

Div. 3, Room 4093

L..T. Jones; H. E. Kennedy and M. A. Rotermund.’ Method

“of Electric Are Welding and a Flux Therefor. Serial No.

657, 836. ° ‘Filed February 21, 1933

Method of Electric ‘Are Welding and a Flux Therefor “oie

Hon. Commissioner of Patents, Washington, at ....

Sm: oe ee

In response to the -official action of April 26, 1935, the

_ above-entitled application is hereby amended as ‘follows:

* Cancel claims 22, 23, 26, 27, and 30. - ~~

Claims 24 and. 25, lines 2 and 3 of each, cancel ‘*compound

. having both a ‘basic component and an ‘acid component”? and

insert therefor: Bi

C’. —stable nonoslatile sili salt the basic component «

of which is selected from the oxides of the alkaly,and

- alkaline earth metals; and the acid component of xhich

is an oxide of an element selected from the fourth:

fifth, and. sixth ddd of the periodic a earns eet a

of elements—.

- Claim 25, last line, add —, sisid composition being sub-——

~ stantially free from substances capable of evolving gas,

under welding conditions. -

._ Claims 28, 29; and 31, last line of each, add: —-, and being

subsiantially free from substances: capable of evolving gas

under welding conditions.

‘Remarks -- oye sae %

The siavienes of claims 12, 32, and 33 i is noted. Rejected

egg 22, 23, 26, 27, and.30 are cancelled. Claims 24, 25,

28, 29, and 31 are amended to overcome the objection that -

they are vague, indefinite, broader than. the invention, and —

{fol. 1077] unpatentable over Severance of record, and it

is believed that these claims are now allowable. Reconsid- -

eration of tye claims now presented is respectfully asked.

The cited patent to Severance, No. 429, 7 does not antici-

1070. © .

pate the present invention, because the patentee specifies as

esseptial cqnstituents of his flux spathic iron ore (iron car-

-- bonate) and salammoniac (ammonium chloride), both of" -

‘ which compounds evolve large volumes of gas at welding

‘temperatures, thereby behaving directly contrary to the be:

~~ havior of .applicant’s composition. No other. _— of -

-record is. pertinent or has been appliéd to the cl

/Claims 24 and 25 are amended to specify that the -com- ”

: pound i in question is.a salt, as suggested by the Exgininer,

and gre limited to the oxydie salts of the class specifically

‘disclosed in the specification, also as ‘suggested by the Ex-

aminer.

Thus, the elaims presented are definite, ssebtonsive in -

scope with-the disclosed: invention, and. are patentable’ over

the art of record. Favorable acfion is solicited.

Respectfully submitted, Eugene L. Greenewald, Ate

C -torney for applicants..

New York, N. Y., October 22, 1935. GK.

fol. 1078} [Stamp :] Mailed Dec. 9, 1935.

B:G. oe

Department of Ciminiinn, United ‘States Patent Office,

* Washington ere ‘

_ Div. 3, Room 4093

Address only ‘The Comiissionsr of Patents, Washing-

ton, D.C.,’’ and not any official by name.

Paper No. 12— |

All communications - respecting this application should -

‘give | the serial eer date of filing, and name of the appli-

cant. »

Please find below a communication from the Examiner

in charge of this application.

Conway. P. Coe, ‘Commissioner of Patents.

Aina: L. T. Jones,-et al. Ser.’ No. 657,836. “Filed

Feb. 21, 1933..:For Method of aris Are Welding and

Flux Therefor.

Charles (. Scheffler, 30 East 42nd St, New York, N. - -

rests aerated: to amendment filed Oct. 23, 1935.

a —— : ; ‘

nee avo a fae . : ai ” <s

. ‘ : ; : ,

1071

| “Claims 24 and 25 are again rejected as vague and indefi:

nite and, fajjng to point out the invention. with the par-

.ticularity required by Sec; 4888, R.S. The disclosure that.

certain silicates, titanates, etc., will be effective is not con-. |

sidered to warrant: the assumption that ‘all the compounds:

falling under the broad generalization sot appenring in -

.these claims would be effective: . orhts

‘Claims 24, 25, 28, 29. and 31 are again rejected as un- -

patentable over Severance for reasons of record. ‘The nega-

tive limitations recited are improper and are considered -

‘patentably immiaterial. < NS

Claims 24 and 28 are further rejected. as calling for an

old composition, reciting a use therefor. Even if the use

were new, this would not warrant a neal to the old com-

- position as such.

. Claims 24, 25, 28, 29 and 31 are rejected. —

- Claims. 12, 32 and 33 may be allowed. __

wae Lindser, Examiner.

[fol. 1079] {Stamp: + Uy S. ‘Patent Office, May 14, 1936,

Division me

[Stamp :] Mai Division, U.S. Patent Office, May 13, 1936.

In THE Uxrrep States Pater OFFICE cS

Div. 3, Room 4093 . ;

_L1. ‘Saad E. Kennédy and M. A. stoned: Method

of Electric Arc Welding. and a Flux Therefor. Serial, No. .

657,836. ——— February. 21, 1933.

“Formal Mando

To. the Commissioner of. Patents, ‘Washington, D. C.

Sir:.

The ‘above- identified application, bei not the invention

disclosed therein, is hereby formally abandoned in favor of*

: application Serial No. 44,142 filed October 9, 1935 by Lloyd .

T. Jones, Harry E. Kennedy, and Maynard "A. Rotermund. —

- The latter application contains claims directed to the in-—

} vention claimed in the formal application.

‘The formal authorization to abandon, signed “ ‘the in- .

ventors, is filed herewith.

Respectfully, Eugene L. Greenewald, Atiorney for :

° applicants.

_ New York, N. Y., May 12, 1936.

Rtg ¢ <> ety: tars

Lo] - Bo ae é

1072

Union Carbide and Carbon Pincnrch Laboratories, foe. aa

assignees of the-above-identifiéd application, hereby. consent. |

to the above. abondonment of the said —— but not

|. the: igvention disclosed therein. .

i ~ Respectfully, Union Carbide ite Chthon Research a

‘Laboratories, Inc. By Albert Chester: ‘Cornell,

Secretary... --

New York, N. ¥,, May 12, 1936, G/K.

_ [fol. 1080] In THE: Unites ee PATENT Orrice |

- Div. 3, Room. 4093

L. T. J ones et al: Method. of Electric ak Ww elding anda -

: Flux Therefor.. Serial No. 657,836. . Filed February: Ti.

1933.

ization to Abandon”

| _ Aut

We, ery Theodde J ones, Harry Edward Kennedy, apd

‘Maynard Arthur ermund, of Berkeley,- California,’ the

* joint inventors in the’ above- entitled application, hereby

- authorizé our attorneys, Charles C. Scheffler and Eugene L..

Greenewald, or either of them, formally to abandon the

“above identified application but not the invention disclosed

therein. This authorization is made in view of the presénta-

tion in our copending application ‘Serial No. 44,142, filed

_ October 9, 1935, of ‘claims directed: to. the invention claimed |

~ in the above- identified application.

- Lloyd Theodore Jones, Harry Edward Kennedy.

Maynard Arthur Rotermund.

eae California, April 10, 1936. aK.

[fol 1081] Stare OF CaLironnn; .

‘ County of Alameda, SS:

On this 10 day of April i in the year One Thousand Nine

Hundred and 36, before me, C. N. Lavers, a. Notary Public

in. and for the ‘County: of Alameda, State of California, fe-

siding. therein, duly commissioned and sworn,,. personally

appeared Lloyd Theodore Jones, Harry Edward Kennedy,

- Maynard Arthur Rotermund, known to me to be the persons.

- described in and whose names are subscribed to the within

instrument, ‘and they acknowledged to me that they executed

the same. - Be. °

¢c

7 f ae

‘ 2 ° > ao 4 . ?

. . . ° ° x a A 4 " ?

; o c . :

ae saa os nes : « e . i “ » © - - “* °

as RT . / a , 2 : . P

e .

- In Witness Whereof, I ‘have hereunto eat my hand and

affixed my Official’ Seal, the day: and year in this certificate

first above written. od

100 3

C. N. Lavers, Notary Public i in and for Said County’.

of Alameda, State of Californias (Seah) —

[ fols.-1082- 1099) iStymp ] Mailed May 15, 1936.

" 260 |

- B:G.

. :

e * ?

Department of oasis United States Patent Office,

at Washington i

~~ Div. 3, Room 4093

Paper. No. 4:

nd. 2

All communications respecting” this. euiblication should

give the serial number, date of filing, and name of the

- applicant.

Address only.- “‘The Cotmitasiomer: of Patents, W ashing-

ton, D. C.,”’ and not any official by name.

. On

Please: ‘find below a communication from the Fxaminer

in chargé of: this application. >

Conway. P. Coe, Commissioner. of Patents.

Applicant: Jones, et al. Ser. No. 657,836. -Filed Feb. 21,.

1933. For Method of Electric ‘Are Welding — a Flux tier

| Therefor.

Charles C. Scheffler, 30 East 42nd Street, New York, N. Y.

In re letter. of formal abandonment and authorization

therefor, filed May 13, 1936.

The above letter of formal abandonment amd authoriza: ome

- tion-therefore have been entered.

‘In. aecordance therewith, this. application will be. sent to | ‘

; the abandoned files i in due course.

A. Lialiag. Examiner. |

_ “

1074 =

[fol. 1100] ; Prantirr’s Exduarr 126

oe yu 390.”

Repartment of Commerce.

United States Patent ‘Office

| To all persons to whom these presents shall come, Greet-

. ting: This is to certify that the annéxéd is a true copy from

- the records of this office of the File Wrapper and Contents,

in the matter of the Abandoned Application of Lloyd T.

Jones, Harry E. Kenned}xand Maynard A. Rotermund,

Filed January 9, 1934, Serial ber 703,892, for Improv .

‘ment in Electric Welding.

In testimony whereof I have hereunto set my hand and

caused the seal of the Patént Office to be‘affixed at the City

of Washington, this fourth day of October,-in the year. of

our ‘Lord one thousand nine hundred and forty -five and of.

the ‘Independence of the United States of America the, one

'. ,hundred and seventieth.

Attest:-T. A. Coulter, Acting Chief of: Division.

Casper W. -Ooms, Commissioner of Patents. (Seal.)

SF |

(Here follows 1 Photolithograph, side folio 1191): |

1084

[ fol. 1113] 9. A. resistive composition for ‘dlettric welding

which is.conductive when fused and which comprises alka-

nee earth metal@licate.

. A resistive composition. for, electric welding which

_ Is pode ei when fused and which comprises an alkaline

earth metal silicate and an alkaline earth metal fluoride.

Add A‘.

(fol. 1114] In Testimony Whereof, we affix our signa- _

tures.

(S.) Lloyd =. cones, erry ‘KE. Kennedy, Maynard

A. Rotermund.

‘County or ALAMEDA, |

‘State of California, ss:

Lloy d T. yeu ee cas and Wield 5 A. Ro-.

termund the above named petitioners, being duly sworn,

depose and say that they are citizens of the United States

and residents’ of Berkeley, California, that they verily be-

-lieve themselves to be the original, first.and joint inventors:

; of the: Improvements in Electric Welding, described and

claimed i in the, annexed specification ; that they do. not know

and do not believe that the same was ever known. or used.

' before their invention or discovery thereof, or patented or

described in any printed publieation in any country. before

_ their invention or diseovery thereof, or more than two years

- Oath ane .

prior to this application, or in public use or on: sale in ‘the >

United States for more:than two years prior to this appli-

cation; that said invention has not been patented in any,

country foreign to the United Stafes on an application filed

by them-or their legal ‘representatives or assigns more than

twelve months prior to this: application ; and that no appli.

cation. for patent on said. improvements has been filed by

them or their legal representatives or assigns in any coun-.

ne try foreign to the United States.

(S.) Lloyd T. ens Harry E- Kennedy, agen

A. Rotermund.

Sworn. te and iciiad before me this 2 day of,

- Alameda County, Calif. -(Seal.)

‘{iatier between rules sneak in copy.) ,

January, 1934. L. F. Macdonald; Notary Public,

| | : 1085

~ (fol. 1115] [Stamp :] Mailed May 4, 1934

: | % Div. 60, Room 5896

2 iJ i 2

‘Department of Coniaieie. United States Patent Office, : .

W ashington |

RLS-FR

‘Khe only: ‘‘The Commissioner of Patents, W ashing-

ton, D. C.,’’ and not any official by name.

All communidations respecting this application should

give the serial number, date of filing, and name of the dppli-

cant.

May: + 1934.

Please find belew a communication from the ix xaminer

in charge of this application. ji

. Conway P. Coe, Commissioner of Patents:

Applicant: :L. .T. Jones et al., Ser. No. 705,892. Filed °

Jan. 9; 1934., For Electric W elding. .

C harles C. Scheffler; 30 EF. 42nd St., New York, N: Y.

__ This ease lias been examined. |

Reference made of record: Robinoff, 1 782,316, Nov. 18,

1930, 219-1067.

Claims 1-to 7 are each rejected as fully met by Robinoff.

Recitation that ‘(claims 3 to 6) a flux of a, . particular kind

is utilized does not alter the-process. -

Claims 8 to 10 are each rejected for failure to comply with

Section 4888 R. S. in that.-said: claims define naught. For .

example, the applicant does not‘teach that just any compo-

sition which is eofiductive when fused and incapable of

evolving gases will be of utility (elaim 8). Further he does

not. teach that an alkaline earth and metal: silicate and, ‘or

an alkaline earth metal fluoride in- pure form or in just

any proportion of a combination is efficacious.

Claims 8 to 10 are each further rejected as admittedly

old (paragraph , beginning on page 2 of specification).

No ¢laim Is dllowed. Calas

- L. Glass, Examiner.

RL. Ss.

‘

“NUMBER (Series of 1928) eo eee PATENT NO. ay

705892, "1934 om = Ss

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"Examined and passed for Issue oC. 14 51989 Reexam’d and passed for Issue__ pail 198

PAA <= ‘Div. G a irre Be. Die.

KR AAT Ae | ees ee

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} Final Fee 3 | — | Final ee. eaten meni .» 19S

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ey | ean ate EN WRK “Ta

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Division of pg No. ...

1086 :

fol. 1116] IN THE Unirep States Parent Sepican

| > Div. 60, Room 9896 |

L. T. Jones, et al. :

| Electric Welding apes | =

Serial No. 705,892 ”

Filed January 9, 1934 .

Hon. Commissioner of Patents, Washington, a.©.

Sir:

Applicants have carefully considered the Official letter

of Mdy 4, 1934 in the above-entitled application; and re- =i

‘quest that the following amendment be’ entered: -

In the specification, page 4, line 2, for’‘‘the are process”’

substitute—prior arc processes—; line 3, after ‘Call’? inser?

_—prior—; line 3, cancel ‘‘and uses no are’’; line 13, cor- .

rect the spelling of ‘‘efficacious’”’. ae te

Page 5, line 1, for **CaCQ.” substitute-—-calcium carbo-.

nate—; line 2, for ‘‘MgO”’ substitute—magnesium oxide—;

line 2, for ‘*Si02”’ substitute—silica—. : a

Page 8, line 6 and. line 11, after ‘‘arc’’ in each instance

-insert—of the usual type—. ; 3 |

~ Claim 1, line 2, after ‘‘melt”’ insert—

At. , containing a major proportion of alkaline earth

metal silicate and substantially free from uncom-

‘Claim 2, line 4, after ‘‘melt’’ insert

A®. —containing a major proportion. of alkaline earth —

metal silicate and substantially free from uncom-

bined iron. oxide—.

Claims 3-and 4, line 4 of each, after ‘‘silicate”’ insert—

substantially free from uncombined iron.oxide—.

Claim 7, line 4, after ‘‘melt”’ (first occurrence) insert— fe

45. containing a major proportion of alkaline carth metat

silicate and substantially free from uncombined tron

oxrtide—. . ;

1087

{folk 1117] Cancel claims 8, 9, and 10, and rewrite them as .

follows: ee 2

ee [11]°. A composition for électrie welding con-

taining a major proportion of ‘alkaline earth “metal j

Silicate, and being substantially free from. uncom-_

bined “iron oxide “and: from substances capable of

evolving gases under welding conditions.

STi". A composition. for electric welding con-’

taining a major proportion of calcium silicate, and

being substantially free from uncombined iron oxide.

and from substances capable of ererring gases under

welding conditions. 7

~10 [13]*. A‘ composition for déstric welding eon-

taining a fluoride and a major proportion of alkaline

earth metal silicate, and being substantially free from

uncombined iron oxide and from substances capable

of evolving gases under welding conditions.

1t [14]*. A composition for electric welding con-

taining a fluoride and a major proportion of calcium

silicate and being substantially free from uncom-

‘bined iron oxide and from substances capable of

‘evolving gases under welding conditions. ©

Be Ae to ie A. composition for electric welding com- °

prising fluorspar; magnesium silicate, and .calcium

silicate, the -latter silicate ‘being present — in* pre-

dominant proportion. |» ‘

Remarks -

The examiner’s holding is based on an erroneous postu-_

late, viz:).that altering. the welding composition or ‘‘flux’’

- of the reference does not produce a new process. That such

a change can result in a new process is clear from well

- \ established practice with respect to process patents. If a

[fol. 1118] series-of manipulations, c!d in themselves, are

performed with or on a material not previously used with

these manipulations, and a new result follows, there i is anew

and patentable process. ae mi Ne

Before making the’ present invention, applicants | were

familiar with the proces of the Robinoff et al. comand hav-

[oe nadie ind fgtres enclosed:in brackets erased in copy. ]

‘ 1075

| (fol. 1102]. Union CARBIDE AND Chane ‘Reskarcu Lasora-

ert TORIES, Inc. .

Carbide nil Carbon” Building

30 East —— Second Street.

Patent Department aE Seite

oe New. York, January 8, 1934

Commissioner of Patents, Washington, 1 D. Cc. eee

—

Sr: pees Sele

We enclose herewith Union Carbide Company check No.

171148 for Thirty Dollars ($30.00) to your order to cover’

the filing fee in the. following application, executed peti-

tion, application and oath of which are attachéd hereto:

Inventors: Lloyd T. J ones, Harry K. Kennedy and May-

ard A. Rotermund.

Title: Electric, W elding.

Executed: January.2, 1934. 7

We would appreciate ‘promptly receiving the filing receipt

for this case, for use in connection with the filing- of cor- -

responding foreign patent applications.

‘Very truly yours,

* Patent Department, E. L. Greenewald.

ELG: :GM. Encl. ¢ 7

(fol. 1103] Perrrion FOR UniTep hese Lerrers Patent |

- To the Commissioner of Patents of the United States of

‘America: suis

' Your petitioners, Lloyd J ued Sana. Kennedy, and .

Maynard A. Rotermund, citizens of the United States,

_residing at Berkeley in the County of Alameda and State

. of California, P. O. Address: 896 Santa Barbara Road;

- 105 Tunnel Road; 479 Kentucky Avenue, Berkeley, Cali- 3

fornia, respectively, ’ pray that Letters Patent. anay be

granted to them, for Improvements in_ Electric: Welding |

‘set forth in the annexed specification ; and they hereby

appoint Charles C. Scheffler; Register No. 11032, and Eu-

vene L. Greenewald, Register No. 3276, both of 30, East

42nd Street, New York, New York, their attorneys with full -

power of substitution and revocation, to ‘prosecute this ap-

plication, to make alterations and amendments therein, to

3—184-185

1076:

sign’ their names to the drawings, to'receive the Letters

- Patent, and ‘to transact all business in the United States’

Patent Office connected therewith, the said power to be

“exercised cither separately or collectively by said attorneys

'as they shall from time to time elect. Please address all

communications. to..Charles €:-Schefifer. Be ma ie To ee

~~ Signed at Albany, California, i in the County of poe

and State of California the second day of January,.1934. —

(Sign here First name in full.) Lloyd T. Jones,

Harry E. Kennedy, Maynard A. Rotermund.

a Specification

~ To All Whom It May Concern:

Be it known that We, Lloyd T. Jones, ervy E. Kennedy

and Maynard A. Rotermund, citizens of the United States,

residing at. Berkeley i in the County of Alameda and State —

of California, have invented certain new and useful Im-

provements ‘in Electri¢c ‘Welding of which the following is |

a i orice meant

‘ [fol. 1104] This invention relates to electric welding.

Athong the various ways in which electrical energy has

- been converted into heat for the welding of. metals, the are

process (which itself takes several forms) is the most gen-

erally practiced. w:\ typical example: of arc-welding is its

use to join the abutting edges of steel plates. In the metal-

are Variation of the are process, molten metal, provided by

. the melting of a metal wire or:rod of suitable composition;

is introduced between the abutting edges of the pilates, and

~ the latter afe fused sufficiently to permit the added metal to

coalesce with the metal of the plates, so that, on cooling,

a structurally strong bond results.. The requisite heat is “

developed, as the term ‘‘are process’’ implies, by maintain-

ing either a direct current or an alternating are between

the parts to be welded, connected to one side of the power.

line, and the wire or rod used to supply the molten metal,

connected tothe other side of the power-line. The abut-

ting plate edges are usually beveled to form a-trough for

receiving the molten metal, thereby facilitating conleseence

of the added metal with the plates throughout the thickness

of the latter.

- In metal-are welding it is customary to protect the freshly

dépasited molten metal with a blanket of molten metal

a eee

ing had practical experience with that process i numerous

éfforts to make it. operate satisfactorily. They never suc-

ceeded; and their failure with the patented:process impelled

them to pursue the researches which led to the present -

* invention.

The patented process uses a flux which apparently con-

tains a plurality of substances, although but one is spe- .

cifically mentioned in the‘patent. The disclosures of the |.

-patent, in this respect, does not extend beyond the content —

‘of a single sentence,—‘‘The groove is -then filled with a

powdered flux composition having a percentage of ground

‘or powdered scale (ferrous oxide) to make the flux inag- -

netizable’’. (Page'l, lines 40-44). According to applicants’

information, in the Robinoff et al. process as actually used

- by the patentees and their assignees, a mixture of iron oxide

and clay ‘is used. Applicants have extensively tested that:

combination, and have also tested mixtures of iron oxide

with other fluxing substances. x

Applicants-bekieve that no one has obtained better results

with the patented process than applicants themselves have »

obtained. They. found that the patented process is, as the

patent repeatedly states, an are process.. The dazzling are

characteristic of conventional arc-welding processes, is al-

ways in evidence. They found that currents in excess of

about 900 amperes can not be successfully used, nor can

(fol. 1119] plates more than about %@ inch thick ‘be suc-

cessfully welded: in a single pass. They also found that the

‘deposited meta] lacks homogeneity, and that the powdered

flux is blown about to such an extent that it: becomes exceed-

ingly offensive to the operator and any others near the |

ee ! | gaits : )

- Seeking the causes of these defects, applicants found .

that the iron oxide (which presumably loses all magnetic

properties as soon as melted) is not only quite unnecessary, »

but highly objectionable. - They. omitted the iron oxide en-

tirely, and compounded a mixture composed of materials

of which not a single one is even mentioned in the patent, —

and finally emerged with a: process in which no are, nor even

any red-hot material, is ordinarily visible; in which there is

no puffing of the flux; in which the current and plate thick-

ness (weldable at a-single pass) can reach any values for

which. there. is a commercial demand, for example 2600

{* Words and figures enclosed‘in brackets erased in copy.] |

1077

compounds (usually compounds ‘of the aikali or alkaline

earth metals), . ‘and the material used for forming “this -

blanket is called the ‘‘flux’’. The usual method of providing

-a flux blanket on the weld is to encase the welding rod or

wire (usually referred to as the electrode) in an adherent

~~~ sheath-of_solid flux, and this gives rise to further difficulties.

_The sheath is fragile ¢ as a rute-and is, moreover, ndn-con-

{fol. 1105] ductive when cold, so that electrical connection |

must be made with the electrode at points bared for that

purpose, and at variable distances from, the weld, thereby

imposing an additional burden on the automatic regulating

devices used in machine welding.

For good welding a homogerieons deposit, of metal is in-

dispensable. In metal-are welding it is found that the dif

-. fiéulties involved in securing a homogerieous deposit are

- multiplied as the thickness of the deposit increases, so that,

if thick plates are to be welded, it. becomes necessary to

_.make several traverses or ‘‘ asses’? adding a layer of metal

b J

each time until the necessary thickness is attained. This

method of operation is obvioush ‘time-consuming, the more |

| so since it is usually necessa y to chip off the cover of

' solidified flux on-one deposit, and peen the metal, before--—

another deposit can be superimposed. It also’ ‘complicates

the stresses set up by contraction of the metal in the cooling

weld, and the resulting distortion of the welded parts.

“An object of the present invention is to avoid the dis-

_ advantageous features cited above, and to provide a process

by. which fhick plates can be strongly and rapidly electri-

cally welded in a single pass. Another object i is to provide

a process in which heavier welding currents can_be used,

thus .accelerating the rate of. welding. | -A further object

is to overcome the difficulties which, in prior processes, are

caused by the inherent instability of an electrie arc, its

liability to be extinguished by a. variety of adventitious

causes, and the difficulty, »specially in automatie machines,

“of reestablishing the arc} when it has been extinguished.

Another object is to avoid the necessity -for a flux sheath

on the eleetrode. Other objeets of the invention will become

apparent as the description of our. invention proceeds.

[o}

BA | 1080

amperes and two-ineh sila —neither of these values being »

limits; and in which the deposited metal is absolutely sound

and homogeneous.. Yet the examiner says that what they

* did ‘‘does not alter the process’’

Applicants’ specification has ein: slightly naieeiid Wate

it discusses the theory of their process, and compares this

process with prior are processes. It is immaterial to the

patentabifity. of tle invention whether applicants aré able

to give the correct theory or not, but it is their purpose to

give the examiner the fullest information i in their possession

on this matter. It is difficult, if not impossible, to define

an are precisely, and applicants have contemplated. the pos-

sibility that a-definition may be framed in such, terms hs

to embrace. the phen{on]*omenon which occurs in their

[fol. 1120] process. There can be no question, however, that

there is no:such are involved in their process as occurs in

every prior are process, including’'that of Robinoff et al.

Anyone, if he bears in mind, the intense dazzling are which

less than fifty amperes will evoke and stands by one-of °

applicants’ machines and sees a weld made with two thou-

sand amperes but with. little or no visible evidence that a

heating operation is being carried on, will quickly be con-

vinced fhat here is something quite different from any arc .

welding process known to the art.

At the top of page 5 certain chemical formulas have been

replaced by the corresponding names to rebut any presump-.

~~ tion, however improper in view of the context, that the sub-

stances used in the specific example were chemically pure. _

As clearly appears from the context the calcium carbonate,

'- magnesium oxide and silica used were merely of a good

technical grade. :

Several of the process claims ieee been amended and the

composition- -of-matter claims have been rewritten. Since

the use in the process of a composition which brings about

a new result clearly gives rise to a new and patentable

process, it is only necessary in the process claims, to reéite

those characteristics of the composition which are responsi-

‘ble for thé new result. These characteristies are, briefly,

a high content of alkaline earth metal silicate, and sub-

stantial absence of uncombined iron oxide. “Robinoff et al.

(* Words and figures enclosed in brackets erased in copy. |

mS .

1078 oe = a

~ {fol. 1106] We have divcovered a novel process tus wim ,

. prior are processes

Per A which résembles , [the are process]* in many ways

prior |

..A but which is essentially different from all qa are proc

esses [and uses no arc]. * .As in prior‘ ‘pracesses the -

necessary heat is generated in our process by causing a

heavy electrical current to flow across a region of relativ ely

high electrical resistance, and thence to a niember onto which

- metal is to be deposited, but*in our process the resistance is_

provided, not ‘by a body : of ionized gas, but by a conductive

melt.

The cindatitive melt used in our process Acide per-_

forms the protective functions of a flux, but it is much more

than a flux and many compositions which are satisfactory

fluxes for are welding are unsuitable for our purpose.

efficacious

Per “ . » While other melis : are more.or less , [efficaceous]*

in our process,. we prefer silicates of the alkaline

earth. metals, such as calcium silicate, and in many ¢ases.,

we prefer to add to, these silicates a minor proportion of a

substance‘adapted to lower the melting point, for example,

a halide salt. We have had excellent results with a material

corresponding closely to the composition repr resented by the

formula RO.SiO2z where.R stands for calcium or magnesium,

- but silicates which are more acid or more basic are also suit-

able. We have also used manganese silicates, especially

in conjunction with other silicates, and it is probable that .

alumina-contaiming compositions may also be used in cer-

tain cases, although we have not tested them extensively,

the calcium and magnesium silicates being eheap and en-

tirely satisfactory. When-more fluidity is desired the more

acid silicates may be used, but we prefer to con- .

Fluorspar trol the fluidity by additions of alkali metal com-.

CaF, pounds and halides; especially fluorspar. Good

. results have been obtained by adding about 6%

fluorspar to an alkaline earth. metal: silicate. Boron eom-

-. pounds in large proportion do not appear ta:be advantag-

eous, and so far as our researches have extended, the results —

obtained with | iron- bearing silicates have not been satisfac-

tor y. ; 3

—inabemeeianiabaaiin : oe 2

* Struck out in Copy.

a @

“1090

seem to have been the only workers prior to applicants who,

- in an electric welding process, began operations by filling -

the seam with a fusible. non-metallic composition ; ‘and the |

composition of Robinoff et al. differed from that of ap-

plicants; as now defined, in every respect.

[fol. 1121) The objection to claims 8, 9 and 10 seems ‘to

- have been upw arranted. As clearly appears from the. speci-

fication there is a wide range within which the comiposition

- of the welding material may be varied. Applicants see no

-\ reason why the examiner should question the operativeness

of any composition falling within these claims as rewritten.

Applieants have made no admission that the compositions

of claims 11 to 14 inclusive are old. Compounds of alkali

and alkaline earth metals have indeed been used as fluxes.”

That claims 11 to 15 are limited se as to distinguish from

this statement is too. obvious to require further discussion. .

Reconsideration, in view of the foregoing amendments

‘and arguments, is asked. _

Respectfully submitted, Eugene L. Greenewald, At-

torney for ‘Applicants. |

New York, N. Y., November 1, 1934.

A:GM © |

(fol. 1122} ~ Paper No. 4

[Stamp :] Mailed Dee. 8, 1934, :

260 3

‘Div. 60, Room ‘5896

Department of Commerce, United States Patent Office,

. Washington

_ RLS-FR -

| Address only ‘‘The Commissioner of Patents, W ashing-

ton, D..C.,”’ and not any official by name.

All communeations respecting this application dinihd ave |

the serial number, date of filing, aid name of the applicant.

December 8, 1934.

Please find below a cotammuleation fr rom | the Ezaniiner in

charge of this application.

Conw ay P. Coe, C ommissioner of Patents.

lpa

1079

5 [fol. 1107] In a specific instance we fused. togethér 50

calcium carbonate magnesium oxide

Per A pounds of , [CaCOs],* 9.4 pounds of , [MgO],° and

‘silica

aan A 40.5 pounds of’, [SiOz] * until the reaction was com- »

; plete. The materials used’ were of the purest qual-

ity nied in the ceramic industries. The fused material was

' cooled and granulated, and to each pound, one ounce of ~~

°, fluorspar was added. The material was then ready for use

to form the conductive melt’ which is the principal er

of our process.

In practicing our process the plates to be welded are ar-

ranged as for are welding.. The edges are preferably’.

heveled but this is less necessary than with, are welding

because the ‘‘penetration’’ and width of the. weld. —¢hich-—

depend on the extent to which the edges of the. plates are

fused during the welding, can be more closely controlled in ~

our process. The usual copper ‘‘hacking- up” strip is pret - :

erably used. .

When a weld is ‘to i made between beveled edges the :

operation is started by filling the groove with the resistive

composition, preferably i in powdered or granular form, and

a suitable additional quantity of the composition is heaped

up along the groove. it the plates are not beveled the proce-

dure is-the same, except that a larger proportion of the

composition will usually be above the upper surface of the.

plates, tliat is, outside of the seam itself

The material placed in and on the groove is preferably

, Stable at the welding temperature in the sense that‘it does

not evolve detrimental volumes of gases when brought to

that temperature. Thus if, instead of -preformed calcium

silicate, a niere mechanical mixture of caleium carbonate

and silica ‘were placed inthe groove and the weld started,

carbon dioxide would be evolved from the calcium carbon-

_ ate, and the development of a conductive’ melt would be

delayed and irregular. The resistive composition should

also be substantially anhydrous. ‘After the weld is finished

-the resistive composition can be collected and reused, any

volatile constituents lost, -such as halides, being of course |

replaced.

When our process is wer to deposit metal from a metal °

[fol. 1108] electrode, the tip of the latter is dipped into the

* Struck out in Copy.

ERE AMEE RGM San

RR Sad Ca BN

fear) Se vty veg? yay Ae

SERA an ca

“

Lies, ays

IW he Sa re Ke

jeoue ty SS Sealipignes Se Rs aed

tL EAE Aa NS EN SN TRA RE IED NR OR NSD NC ANN ES AB ANSON ERIN AA 08 ERS ST ENED RSREESN

SSC EO ee | 1091

Waa, Lloyd T. J ones et al., Ser. No. 705,892. Filed © q

Jan. 9, 1934." For Electric W elding.

‘ Charles C. Scheffler, 30 E. 42nd St., New York, N.Y.

Responsive to amendment filed Nov ember 2, 1934.

References made of record:

- Severance, 429,777, June 10, 1890, 148. 26.

Hammers, 1,752, 793, Apr. 1, 1930, 148-26. ?

Division is required. Thus: ce

I. Claims 1 to 7 which recite a process of wcidine,

oo |S Claims 11 to 15 which recite a welding composition

’ or flux.

The art cited together with the art of record. tidhnate

vi distinctness of classification of the two inventions. Further,

the process of group I may be practiced with fluxes other

than that of group II and other processes of welding. than

that of group I may utilize the flux of group II.

The foregoing requirement i is along a line identical to that

for requirement of division in Serial No. 657,836 of which

' this case is an a eged ontinuation-in-part. -.In that case

the requirement (was approved by the Classification Ex--

aminer. The requirem herein is thought also proper.

Action on the merits of the claims awaits applicant’ .

election.

. R. L. Glass, Examiner.

R. L. 8.

\ (fol. 1123] [Stamp] U. S. Patent Office, Feb. 6; 1935. :

Division 60. 3} :

‘[Stamp:] Mail Divisfon, Feb. 6, “535, U. 3. Patent Office.

In the United States Patent Office. :

- Div. 60, Room 5896”

3 hes T. Jones et al., Electric Welding, Serial No..705,8 892.

Filed January 9, 1934."

Hon. Commissioner of Patents, Washington, D. G;

Sim:

“In ‘response to’ the Official Letter. of December &, 1934.

Applicants contend ‘that. the ——, of division is

4—184-185 ;

A s = °

> = M >

. +. = S¢ :

" resistive composition, a low-Sdaingantie patlris provided, for

-exampl¢ by bridging the ga » hetwoen the electrode and the

_ seam. with a sliver of. graphitéj and thé power -is applied.

The composition is sogn locally heatéd until it fuses and _

becomes “eonductive; and immediately thereafter ‘the end .

ofthe electréde begins to fuse and the molten metal begins

to deposit.in the groove. At.the same time the. edges of the

plates begin to fuse and coalesce with the deposited metal.

The electrode is then fed toward:the seam and moved along

the seam at appropriate rates, preferably by a mechanical-~

device not unlike those which are now extensively used for

are- welding, and the weld proceeds without interruption.

_ There is no puffing or displacement of the melt, no sparking,

> * -and indeed scarcely any external evidence that a weld is

being made. The weld is ordinarily completed in one pass,

~~ >—~even in thick plates, but a plurality of deposits, ‘either on -

- 4, the same Or’ opposite. sides of the plates, are not preclided.

The resistive Composition i in front of the electrode remains .

unfused, while the. fused material rises-tethe-top-of: the

completed portion of the weld. and solidifies with the metal. |

Even this effect is scarcely visible because of the use of

an excess of the resistive composition which remains un-

"fused and covers the fused nfterial and the metal.

“Th sults attained are, as in arc-welding, jatiuencg

«by the potentraLor . voltage difference betweén tbe Flec-

trode and the seam, e magnitude o relding cur-,

rent, by the size of the electrode, and by the rates at which

the: electrode is fed toward the seam, and traversed along

the. seam. Assuming a constant welding speed; the weld- =

ing voltage and current vary with the plate thickness, each

being a function thereof. For example, we may use a ‘wel -

ing voltage of about 36 volts and a welding: current of

about 1500 amperes when welding together steel plates

qpout | one inch thick using a welding rod about. 24 inches

_ in diameter and a welding spéed along the seam of about

eight inches per minute. The welding ‘current, which is

"preferably alternating, may rise to 2000 amperes or. more,

many of our experimental welds in «thick plate (for ex- -

ample 1.5 inches) having been made with a current of 1600 Zoe

» [fol. 1109] amperes. Such thick plate cam\be readily welded 7 | °

: at the rate of 6 or 7 inches per minute... A\ current of 2000 ;

- amperes may “be. used with electrodes only 0.50 inches in

diameter, or even smaller; while with lower eaten ~pro-

- iportionately smaller electrodes may be used. )

—_— A oe

_Improper and shquld be withdrawn because there is such

a close relation and interdependence between the subject

matter of claims 1 to 7, inclusive, and the subject matter of —

claims 11 to 15, inclusive, that all of these claims are prop-

erly. examinable in-a single application: uitder the provi-

sions of Rule 41. :

The examiner obviously i is in error in assuming that. ‘the

_ process ‘of group I may be practiced with fluxes other than .

, that-of group JI’’. Each claim in group I plainly includes

a welding composition of the kind defined in the group IL

claims. That is to say, the welding composition is an es-

sential feature of the welding process, —- the successful

‘ functioning of applicants’ welding process and its novelty

are dependent. upon the particular ‘welding composition

_-used. Applicants have disclosed no other process in which ~ ,

these welding compositons | can. be used; and whether or .

not they could be used i in other processes is quite irrelevant

here. ‘The fact remains that the welding processes defined

in claims 1.to 7, inclusive, specify. welding compositions

of. the: kind Relea | in claims 11 to 15, inclusive ; and there-.

fore tt these two groups of claims and the invention defined

thereby are so closely related that they belong in and should ©

[fol. 1124] be examined in the same applieation.

‘The mere fact that there are separate Office classifications °.

for welding processes and for welding compositions is not

in.and of itself a ‘sufficient reason for splitting up every

set of claims in the manner proposed by.the examiner in

this applicati ion. The examination of -these two groups of -

_elaims in @ single application . will not impose any extra

burden upon the Office or the examiner because it is evi-

dent from the.wording. of the claims that the fields of search .

for the process claims and for the composition claims must -

of necessity be practically the same in order to be complete,

Applicants still believe that the requirement of division

in thgir application Serial No. 657,836 .was improper, and -

the ruling in that case does not apply here. . From a.carefut

comparison it will be evident that the claims in the earlier

application are worded quite differently from those’ here

under. consideration.’ If the foregoing. -discussion of this»

matter does not change the ‘examiner’s opinion, he is fe-

quested | to submit this matter to the Classification Exaim-

iner for review, and we are confident that the latter will ©

recognize the propriety of applicants’ contention and the |

"1081

The resistive compositions for which a preference. has

‘been expressed herein give, in general, a satisfactory de-

gree of ‘“penetration’’, or melting of the members — onto.

which tlie deposit’ is being made. ~ If it is desired to-vary-

the degree of penetration, we have found that some control

of this. feature can be achieved by varying the fusibility

and conductivity of the resistive composition. While we

are unable, at the: present stage of our researches, to lay

down compr chensive rules with respect to’'this matter, we

believe the proper course to pursue in order to effect: a

given change in perietration with a given resistive com--

-position will be determinable by a skilled welder without /

undue difficulty. As an example of the possibilities i in this.

| direction it may be remarked that fluorspar additions to

. ' ssilicate compositions often serve to diminish the penetra-

= tion from an otherwise objectionably high degree. While

the effect of the fluorspar appears to be merely to in¢rease

. . the fusibility, it may be much more complex, and we do’

i oe not restrict oursely es to any particular theory of operation. —

See Welds made by our process have certain distinguishing

a : ' Guateceriiies. ‘In many cases the planes defining the

Kaper ultimate zone of fusion at the sides of theweld are approxi-

2 . mately parallel, and this relation obtains whether the parts |

are preliminarily beveled to a wide V, to a narrow V, or

are not beveled. a all. :The deposit of metal occurs, not

directly under the/ electrode, but back of it, and there ap-

pear to be liquid currents. ‘(Bossibly caused by the so-called

“mpineh effect”) which cause the surface of the resistive

_ composition to. bé depressed at the point where it is first.

ene fused, that is, just ahead of the electrode, and cause ‘both

. the deposited metal and the conductive melt to be heaped

Saar [fol. 1110] up back of-the electrode. This facilitates the

production of a weld having the desirable upwardly convex

surface, with some excess: metal above the seam, which ean

either be niachined off or, as in | the usual practice, left for

“reinforcement.

Several circumstances show clearly that our process does :

‘ : 7 of the usual type

E: Sea +PerA not depend on the formation of anare,. If} while a

weld j is being made, the circuit: is opened externally |

of the weld and then closed ¢ again while the resistive compo-

sition is still molten, the current will immediately resume its -

flow without any nee cessity for moving the electrode into con-

o : : Sd Ee

eae . 1093

“very close. relation between the present groups of claims —

ae _ which may not have been so clear to him when considering

the claims of application Serial No.. 657,836. As having

a further bearing upon this question, applicants submit

below the numbers of a: few patents selected at random and

‘in ’which the Patent Office has allowed in a single patent - -

a _ @elaims to a process of welding as well as claims to a material

~ used in. the welding process : |

Patent No. Date. . Name ee “Title

1 613, 942, 1-11- 1997, R. D. Davies, Process’ of Facing .

‘the Cutting Edges of Drilling Tools.

\ fet 195; 7 ae

“\ 1,840,921, 1-12-1932; H. L. Spence, Bronze for Weld- .

t \. ing. otis

- 1,966,260, 7-10-1934, FE. i. Munson, Copper / lloy::

: , “Welding Rod’and Method-of Using.the Same. . hs

“ «1,967,872, 7-24-1934, G. E. Doan, Welding Electrode. °

: 1,974,436, 9-25-1934, W. K. Schweitzer, Flux for Use.

- in Soldering. :

1,977,128), 1o- 16-1934, F. P. Hawkins, Hard Facing.

; In Patent No. 4 ,966,260; for example, the Office has. al-

' lowed the following claims i in ‘a single patent:

«3. The metht .d of welding metals which comprisés

adding to the weld a copper ‘base. alloy including

barium in amount ‘from approximately 0.10 percent

to 1.0 percent. - :

«4. A welding or filler rod comprising a copper base

alloy. including barium in amount from about 0.10

percent to about_1.0 percent. -

iain. in patent No.-1,974,436 the ‘Office has allowed. ate :

aii: claims i in. & single patent :. ~—

“7, A flux for soft soldering: metals comprising —

‘ zine chloride, alcohol, and cetyl ammonium’ sulfate.”’ -

See aie “14, In a process of soft soldering, the step of

eters applying a flux comprising zine chloride, eecaigeme and.

ve cetyl ammonium sulfate. me |

Again in patent No. 1 977, 128, the Patent Office allowed |

the following claims.in a single canal

tact with the seam as it would necessary to do to reestab-

_ of the usual type

Per A lishanare,. The heat for melting the electrode i is

evidently dev eloped i in the conductive melt itself.

This application ‘is a continuation-in-part of our ‘co-. -

: pending — = No. 657,836, filed aionvent din 21,

1933. :

{fol. 1111]. We Claim:

1A process _ of .electrie welding which com-

prises the step. of forming .a conductive high-

| Insert At resistance melt , on a metal’part to be fused,

‘, A} |

and passing an electric current through a. circuit compris-

ing said melt and said metal part.

2. A process of electric welding which compr ises the steps -

of, juxtaposing a metal eleetrode and a conductive member

on’ which metal is to be deposited; «establishing

; between said member and said electrode a con-

Insert A*’ ductive path of high-resistance melt , ; and pass-

ee ae

ing-along said conductive path an. electric current ‘of snffi-:

’ ecient magnitude to maintain the conductivity, progressively

melt the said electrode and cause the resulting molten metal

to coalesce with said member.

3.-A process of electric welding whith comprises the steps

of juxtaposing a metal electrode and a conductive member’

on which: metal is to be deposited;.establishing between

said ‘member and said electrode a conductive melt of fusible.

substantially free fro - |

. uncombined i iron oxide — |

Insert A silicate ,; and passing through said melt an elee-

; tric current of sufficient magnitude to maintain -

- the conduetivity, progressively mélt the said electrode and

cause the resulting molten mate to coalesce with said mem-

ber.

4. A process of electric welding whieh comprises the steps

of juxtaposing a metal electrode and a conductive member

on which metal is to be deposited; establishing between

said member and said eleétrode a conductive melt of an,

-. substantially free from

uncombined iron oxide

Insert A alkaline earth: metal silicate , ;. and passing:

- through said melt an electric current of sufficient ,

“eh. Composite welding rod comprising :commi-

nuted hard metal secured to one surface of a strip

of softer metal.’’ ,

ee | Method of w elding which ¢ mprises. jaxtaposing

a metal surface and the hard-m¥tal surface of a weld- ©

ing rod consisting of a soft ‘metal strip having hard

‘metal on one of its surfaces, and applying a welding

heat to the soft metal surface of said strip.”’

~~ Tn his “General ‘Siaaadion of the Subject of Division’

in Volume I of the Journal of the Patent Office Society, a

‘ page 411, Mr. C. H. Pierce, Law. Examiner, clearly expressed — -

thé proper attitude on this question, and we quote the fol-

[fol. 1126] lowing from this article: .

‘A too rigid, technical and analytical dissection of appli-

‘cations often proves harassing and discouraging to the

inventor, does not in the end save any work in the Office, .

_and tends te prevent instead of furthering the purpose.,of” «

- the law,-nor has it any value fo ‘the public, and it has been

repeatedly ‘condemned:by. the courts.’

Withdrawal-of the requirement‘of division. and favorable

consideration of all of the claims are. solicited. ;

‘Respectfully submitted, Eugene L. ee At-

torney for Applicants. i )

New York, N. ¥., February 8, 1985. --

“A:GM | eee :

[fol. 1127] [Stamp:] Mailed Mar.:23, 1935.

Tee ee Ware e

Div. 60, Room tee

“Paper No. 6

Department of Coy ncree, United States Patent Office,

i . Washington |

Fea RLS-FR

Address only ‘The Commissioner 6f Patents’ W ashing

ton, D. C.,”’ and not’any official by name.

sth = | Si

: ’ :

7, < . ae - 41123

magtiitude to misititain the iniliaibaill pengiecsiedly melt

‘the said electrode and cause thé resulting molten metal to

coalesce with said member. | * Reis shy .

a: [fol. 1112] 5. A process of electric welding which com. \

‘prises the steps of juxtaposing a metal electrode and a con:

ductive member on which metal is to be deposited; estab

‘a lishing between said member and said electrode. a conduc-

tive melt: of fusible silicate, substantially . free from sub-

Ss: stances capable of evolving, gases when fused in contact-

_ ~-° with the metal to be deposited; and passing through said

melt an electrié current of sufficient magnitude to maintain

the conductivity, progressively melt the said electrode and-

cause the resulting molten metal to coalesce with said mem-

: ber.

”

6. A process of electric welding which comprises the steps ade

of juxtaposing a metal electrode and a conductive ca gh

on which metal is to be deposited ; establishing betweengid

‘member and said electrede a conductivé melt comprising an

alkaline earth metal silicate and ‘an alkaline earth metal

fluoride; and passing through said melt an electrie current

of : sufficient magnitude to maintain the conductivity, pro-

<= gressively melt the said.electrode and cause the resulting

molten metal to coalesce with said member.

7.~A process of electric -welding—which comprises the |

* steps of juxtaposing a metal electrode and a conductive:

aia on which metal -is to: be deposited; establishing

| between said member and said electrode a con-

Insert A* ductive melt A, 3 passing electrie current through

said melt to maintain’ the conductivity and progressiv -ely

melt said electrode; and moying -said electrode along said

member while maintaining the current and the conductiv e

melt therebetween.

Cancelled Per, A

ray

; irs 8 A reuintive composition for electric wine which is *

eee sonductiv e When, fused and which is substantially free from

Substances capable of evolving gases under welding con.

ditions. . :

Matter cactousd between rules erased in copy. ] -

1095

All communications respecting” this seolenitons should

give the.serial number, date of filing, and name of the ap--

plicant.. : .

oF Mareti 98, 1935.

Please find below - a communication from the Examiner

* in charge of this application. °

Conway P. Coe, Commissioner of Patents.

Anolicaint: L. T. Jones et al., Ser. No. 705,892. Filed: :

Jan. 9 9, 1934. For Electric Welding. a

Charles C. Schiller, 30 East 42nd St., New York, x. ¥: a

Responsive ‘to letter: filed February 6, 1935.

References addedsto the record:

Vervalt, 720,300, Feb. 10, 1903, 148-96.

Farrel, 111,414, Jan. 24, 1871, 148-26. .

WwW hitcomb, 277,393, May 8, 1883, 148- 26.

Miller, 1,978,318, Oct. 23, 1934, 148-26. :

Original application nha Sept: 1, 1932. .

~ The question of division herdia has been submitted to

the Examiner of Classification, whose decision follows: ease

Division between (I) claims 17 7 and (II), claims 11- 15 is

not approved. . re ° )

From an inspection of the record, it appears that the

novelty, if any, in the process is due to the particular com-

position used.

Under. such circumstances, the composition per. se isnot

divisible from the method in which it is used.

“Claims 8-to 10 have been cancelled. .

. Claims 1 to7 are each again rejected as fully anticipated -

by Robinoff. As previously stated, recitation, ‘that @ parti-.

_ cular kind of flux is utilized does not alter the process. The

technique involved appears to be varied in no respect what- _ .. ;

not ina new process which is conv entional welding in which

-, that flux is used.: The situatiori appears to be that involved.

in ex parte Donnell, 1923 C D 54 and the above quoted: |

decision of the Examiner of Classification appears to share

. this view. soe, at . e

At rs

1096

An Official: search has. been made of fluxes, 148-26, and.

’. the above ¢ited references considered in connection with,

claims 11 to 15. Claims 11 to Wi are. allowed.

R. L. Ss. a

R: L. Glass, Examiner.

fol one [Stamp :] U: ‘g. Patent bisris Sep, 20,. 1935.

5 Djvision 60. :

2 {Stamp:] Mail Divliien, ‘Sep. 20, 1935. £ S. Patent

ome Office.

al ‘this: United States Patent Ofe|

Div. 60; Room 5896 -

| Ph Jones, ét -al., Electric Welding, § Serial No. 705, 992.

Filed January. gy 1934.

sie,

.- Hon. Commissioner of: Patents, Washington, D. C, =

ee OE ar ee Bey

- In response to the Official letter: of Ma rch 3, 1935, ), recon-

edatities and allowance of the rejected claims i is respect-

fully requested.

Applicants i insist that the Robinoff, et al., patent ‘ioe not

anticipate their w sams pone as. defined i in clainis 1 to 4, ;

inclusive. ;

on The Examiner has: recognized the ‘novelty of the welt ing

ru composition used in the present process. By using this new °

. composition, applicants: have .overcome the objectionable.

* features inherent in the Robinoff et al. , process and have.

=e ome?

produced -a welded’ joint which differs structurally from. *

~ and is superior to the joint produced by the Robinoft et al.,

process. ‘Fhe Examiner is asked to read again. the “ORe-

: marks’’ accompany ing applicants’ amendment filed’ Novem-

———her 2, 1934 in which we have fully explained the defects and

limitations-of the Robinoff process and the new and superior :

results of the present process as well as the decided differ-

enges in operation of these two processes. Superficially, :

the technique of the two processes seems to be similar but

‘when-overated. «ide by side their performance of the welding

function is very different whic ‘h accounts for, the ‘superior

results obtained by applicants. The new composition radi-

“eally alters the conditions during the welding operation,

a : o-

a ee oe | = 1097

[fol. 1129] Substantially no gas ix evolved in the welding

zone and.as a regult a sound homogeneous joint is produced. |

There is no substantial gas-conducted are, and there fore no

are-blowing, no cloud of: fumes, and no such-noise, heat, or

blinding glare as is encountered -in the Robinoff process.

Current densities far beyond those practicable i in the Rob-

inoff et al., process have been used in applicants’ process,

and asa result: far more metal can be deposited in a given —

time, higher welding - speeds. are obtainable, and thicker

plates may be satisfactorily welded. , These and numerous

other facts heretofore presented i in the spécification and in

previous. ‘discussions of record fully establish that applicants’

process is readily distinguishable. from the Robinoff et.al

~process. 4 ;

We sub.nit that the Examiner has iaintreneaten the deci-

sion of the Ex: uniner of Classification. The latter merely

decided the question.of divisionz His statement that: “lt

appears that the novelty, if any, in the process is due to the

particular “composition tised?’ does not mean that the process

bs unpatentable nor can it be construed to mean that the

novelty resides merely in the particular composition. On

the contrary, the classification examiner’s ‘sound reason for

refusing to approve-a division between the claims defining

the composition and those defining the process which: em-

ploys that composition obviously is based upon the con-

viction that the improved process is ‘‘due to the particular

composition used.’’ That. is to say, the new composition

itself operates to provide a new process... : ,

The Examiner’s reason for citing the Ex parte Donnell

- decision is not understood. That decision seems to have no

‘bearing whatever-upon the present situation. It involved

a petition to the Commissioner ‘‘that the Examiner be

directed. to enter and consider an amendment’? in an ap-

[fol: 1130] plication relating.to a. pressure gauge for auto- -

mobile tires. The petition, was granted because the Ex- .

aniiner had not -fully explained: his rejection of certain.

claims upon the authority ofthe case In.re MeNeil. Evi- —

dently it was the Examiner's opinion that the applicants’

invention. resided in an elem@nt (the s safety valve per xe)

and not in the combitiation. Not process cinims. were in-

volved there,—the decision merely relates to one of proper -

practice in.treating combination elainis and subeombination

claims covering a mechanical invention.

—_

‘The present situation clearly is governed by the princi-

ples séf forth in the following cases, among others:

Ex parte Chamberlain, 1931 C. D. 10;

Ex parte Kurtz, Jr., 15 Pat. Q. 149;> *

Ex parte Prescott & Morikawa, 19 Pat. Q. 178;

Ex parte Dow, 25,Pat. Q. 263.

“ Ali of. these decisions clearly support applicants’ conten-—

tion that the use of a new composition, particularly in a

chemical or metallurgical process, such as the present, one,

confers novelty upon the process. For example, in Ex parte

Chamberlain: the applicant had used a new or different

chémical reagent in a pickling bath and presented claims

covering a method of cleaning or pickling metals which

involved passing the metals through the new pickling bath.

~The Examiner rejected such claims {‘solely on the ground

tliat a new process is*not produced: by the use,of each dif-

- ferent. specific substanee in the pickling bath over the

pickling of metal. by baths containing other non-inhibitors *

x x x and that the claims should be in terms of composition -

of the bath only”. The.Board of Appeals, howev er, re-

versed the Examiner saving that the action involved 1 in the

' [fol. 1131] invention at bar

_ is of: a chemical nature rather than thielen and

x x x the steps employed are classifiable as a chemical

process instead of a mechanigal method. In such case .

we find no difficulty in concluding that. each chemical

agent used constitutes a proper r subject for.a process:

claim on the ground that.although the mechanical steps

cof immersing the metal in the various baths’ is the

+ same, the chemical action is different in each ease, due

to the different chemical reagents, and this constitutes

a different process.’’ | |

Similarly; although applicants’ welding procedure and

that of Robinoff et alare superficially similar, the novel weld-

ing composition used by applicants constitutes a different

chemical reagent and produces a different chemical and

metallurgical result, and thus provides a Tew process whieh

is patentable.

- Respeetfully submitted, Eugene L. Greenewald, At-

neggd for Applicants.

New York, N. Y. September 19, 1935.

A. G. M. .

1099

[1132] | ec ae

| Div. 60, FR

Serial No. 705,892 |

: Department of Commerce, United States Patent Office,

;: ae ~ Washington : |

; Address only The Commissioner of Patents, WwW ashfrdton,

D. C. :

4 veo November 11, 1935.

:. Lloyd T. Jones, et.al, assors | a

; ‘Your application for a patent for an improvement in

; -Electrie Welding filed Jan. 9, 1934, has been examined and

allowed with 12 claims.

The final fee, Thirty, dollars, with $1 additional for each

: ~ ¢laim allowed in excess ‘of 20, must be paid not later than six

months from the date of this present notice of allowance. ‘

Tf the fina] fee be not paid within that period, the patent

will be withheld, but the application may be renewed within

one year after the date of the original notice with a renewal

fee of $30 and $1 additional for each claim in excess of 20.

The office delivers patents upon the day of their date,

on which date their term begins to run. The preparation .

the patent for final signing and séaling will require about *

four weeks, and such work’ will not be begun until after

payinent of the necessary final fee. —

ie When the final fee is paid, there should also be sent,

& - distinetly afd plainly written, the name‘of the Inventor,

Tithe of the Invention, and Serial Number’as above given,

date of allowance (which is the date of this cireular), date

of filing, anc d, if assigned, the names of the assignees.

If it is.desired to have the patent issue to an assignee

or assignees, an assignment cofitaining a request to that_

‘~ effect, together with the fee for recording the same, must

be filed.in this office on or before the date of payment of the

final fee. :

. | After issue of the patent, uncertified copies of the draw-

~ings and specifications may be purchased at the price of ten

centseach, The money should accompany the order. Post-

ave stamps will not be received. ..-_ - ,

The final fee will not be received from other than the ap-

1100

plicant, his assignee or attorney, or a party in interest as

_ shown by the records of the Patent Office. ek es

. . Notice —When the number of claims allowed is in excess

— of 20, no sum less than $30 plus $1 additional for each claim

in excess of twenty canbe accepted as the final fee. -

Respectfully, Conway .P. Coe, Commissioner of Pat-

ents. | . She

Charles C. Scheffler, 30 E. 42nd St., New York, N. : a a

In remitting the final fee give the serial numbers at the

- head of this notice. Uncertified checks will not be accepted.

[fol. 1133] ‘[Stamp:] Mail Division, Mar. 26, 1936, U. S.

Patent Office. | | oe | ee

“[Stamp:] U: S. Patent Office, Mar. 26, 1936, Division 60.

(Stamp:] U.S. Patent Office Mar. 27, 1936. Issue Divi- .

S1ON. © pe a ;

In the Unitea States Patent Office

Div. 60, Room 5896

L. T. Jones et al. Electric Welding. Serial No. 705,892.

| . Filed January 9, 1934 - | A

Formal: Abandonment.

To the Commissioner 0: Patents, Washington, D. €.

Se eC ase ia NO ES a oe

. The above-identified application, but. not the invention

- disclosed therein, is hereby formally abandoned in favor

of application Serial No. 44,142, filed October 9, 1935, by . |

Lloyd T. Jones, Harry E. Kenhedy, and Maynard A. Roter-..

-mund. The latter application contains claims directed to

the invention claimed in the former application. .

A formal Authorization to Abandon, signed by the in-

‘ventors, is filed herewith¢ at Si ee ea ee

Respectfully, Eugene L. Greenewald, Attorney for

- applicants, °

New York, N. Y., March 25, 1936.

G/K. .

[fol. 1134] [Stamp:] U.S. Patent Office, Mar. 26, 1936.

Division ae alee ney ee ieee eo

1101

: {Gtisio: } Mail Division. Mar. 26, 1936. UL S. Patent

+ Office.

4 (Stamp: ] U.S. — Office, Mar. 7, 1936. “Issue Divi be.

dq sion. -

= spose mee Bae ng oii mace Sega ee?

rae ee iad the United: ‘aiaaae Patent Office

y) Div. 60, Room 5896 ; ,

‘ a ‘T. Jones et al. Blectrie WwW elding. Serial No. 705,892.

it nee tag Filed January 9, 1934

: 3 | | ‘Authorization to Abandon’

‘ ‘We, Lloyd Theodore Jones, Harry Edward Kennedy, and

Maynard. Arthur Rotermund, of Berkeley, California, the |

joint inventors in the above-entitled application, hereby’

authorize our attorneys, Charles C. Scheffler and Eugene L.

Greenewald, or either of them, formally to abandon the

above-identified application but not the invention disclosed

therein. This authorization.is made in view of the presenta-

tion in our-copending application Serial,No. 44,142, filed

October 9, 1935, of claims directed to the inv ention claimed

in the above- identified application.

Lloyd Theodore Jones, Harry ‘Wdwara pees

. Maynard Arthur Retermund. eae

- Berkeley, California, ioloaincae! | 26, 1936.°

G/K.

-[ fol. 1135] ‘Bian Mail Division, “Apr. 4, 1936, U. S

Patent Office.

[Stamp:] U. S. Patent Office; Apr. 6, 1936. Division 60, .

{Stamp:] U.S. Patent Office, Apr. 7, 1936. Issue Divi-

sion.

In the United States Patent Office

| —_——fr"

Div, 60, {oom 5896 | bas

Jones, Kennedy & Roterniund: Electrie W “iii Serial

No. 705,892. Filed Jan. 9, 1934 :

” ; —

- Hon. Commissioner of Patenta, Wazhideton, D:¢.

Sic: oe :

In response to Chief Clerk’s letter of April 1, 1936 there

‘is Miled herewith a. formal consent to the abandonment

Oo.

Sir:

_ Union Carbide and Carbon Research Laboratories, Inc..

_ hereby consent to the authorization to abandon the above-

entitled application, but not the invention disclosed therein; .

-signed- by Messrs. Jones, Kennedy & Rotermund, on-or

‘about February 26, 1936 and ratify the action of their ‘attor-

neys in formally ‘abandoning this application in favor of |

1102

signed by an officer of. the assignee. corporation and bearing

the corporate seal of said corporation.

Respeetfully, Eugene L. Greenewald, Attorney for

_ Applicants.

New York, N. Y., April 3, 1936.

B/LK..

[ fol. 1136] Nihon: 1 “Mail Division, Apr. 4, 1936, U. S.

(Stamp: 7] U.S. Patent Office, Ape. F 1936, Issue Divi ision. é

In the United States Patent Office :

Div. 60, Room 5896

Jones, Ridaai & Soigmend. "Electric Welding. Serial

No. 705,892. Filed Jan. 9, 1934

Consent to Abandonment |

Hon. Commissioner of Patents, Washington, D. “

application Serial No. 44,142, filed October 9, 1935.

Respectfully, Union Car bide and Carbon Research

Laboratories, Inc., by Albert C. Cornell, Secretary.

New York, N. Y. , April 3, 1936. am

. B/LK. ee

[Stamp;] Abandoned 4/4/36. aes |

[fol. 1137] Mn Te, ele ee

Messrs. Jones, Kennedy and Rotermund, ‘Care Mr. Charles

C. Scheffler, 30 East 42nd Street, New York, a

GENTLEMEN: ;

I have your letter of Abandonment in connection with

your applic ation filed January 9, 1934, for Electric W elding, |

Se rial No. 705,892, allowed Nov ember 11, 1985.

he he

1103

You are: dina that the letter of Ee Re is s found

“\\ to-be informal in that it fails to bear.the signature of the

——/

3 ¢

sary that a letter be filed

Assignee.

Befare the case nay be co

earing the proper signature.

(See Rules of Practice, Hale 171.)

An early reply ily. will beAppreciated. Hace S 3

, Fe paly. ss J. A. Brearley, ‘Chief -Clerk.

[fols, 1138. a < April 8, 1936.

Messrs. Jones, Ceusady and Rotermund, Care Mr, Charles

C. Scheffler, 30 East —e Street, New York, N, Y.

_ GENTLEMEN:

I have your letter of: Abandorment so Bnncctivin with

your application filed January 9, 1934, for Electric Welding,

Serial No. 705,892, allowed November f1, 1935.

The application has been marked Abandoned in accord-

ance with your request. _

Sincerely yours, a. A. Brearley, Chief Clerk

| : 390.

Department of Commerce, United States Patent Office |

® :

To all persons to whom these presents shall come, Greeting:

__ This-++te-Certify that the annexed is a true’copy from the -

—ecords of this office of the File W rapper and Contents, in |

the mattér of the Letters Patent of Lloyd Theodore Jones,

Harry Edward Kennedy and Maynard Arthur Rotermund, -

-. assignors, by mésne assignments to Union Carbide and Car-

‘bon Corporation,. Number 2,043,960, Granted’ June 9 , 1936,

" for Improv ement in Electric Welding.

In Testimony Whereof I have hereunto set my. hand and

caused the seal of the Patent Office to be affixed at the City’

of Washington, this fourth day.of October, in the year of.

our Lord one thousand nine hundred and forty five and of

tlie Independence -of the United States of America, —

one hundred and seventieth.

C asper W. Ooms, Commissioner of Patents. Seal.

Attest :

hace’ Abandoned, it is ‘neces-

RA. Coulter, Acting Chief of Division.

; bee irs rage 7

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NOC a eee CALIFORNIA | eo

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oe | Lo >t eater pion oe 0 RENEWED

7S APPLICATION. FILED. COMPLETE. OCT 9 | 1985. | | |

“4 Petition, Speipention: oe | ;

| Onth, Firs? Fie S40 a} OCT 9 a 19.35 | | n

sh sadaidiecmdibies.

j ORIGINAL en Fai RENEWED

7 APPLICATION. FILED COMPLETE . Oct 9° 1933 |

ro ae

* 9 \ Petition, Specification, | aoe , oe ee . = :

=| Oath, Firet re $30, | OCT 9 19835 - - | a n

| : : | Usitaitiiasting ; ) | | |

Bi 1 EXTRA CLAIMS. 911 OCT 7 1935

; A oo s @ | | |

dE ;

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g, ac een I93) Votice.of Allowance ns ee 19.3

dae oe ie C By Commissioner. .'y By. Come ma)

: aa : a "CHARLES C, SCHEFFLER & EUGENE A. -GREEMEWALD 6 EAST W2N0. ST

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ea oe ee oie 1105

{fol. 11571 {Stamp Mail thecteton U.. S.° Patil Office,

Oct. 9, 1985 |

Unston Carpe | AnD CARBON Rescarcu Lanonatonies, dye.

i Carbide and Carbon ‘Building 3 x

* 30 East Forty-Second Street = coe ae

New York ig Wee oi

ef rt

Patent: Department. ms oe ge

Calile Aaa Patuncarb New York. . _ po

= October. 9, 1935.

3 Hon. Commissioner of Patents, ‘Washington, D.C.

Sir: ;

_ We are sending you herewith our check No. 193,995 for

| $41. 00, to cover the filing fee in the following patent ayipli-. —

eation, the necessary papers of which:are attached: e

Lloyd. Theodore Jones, Harry Edward Kennedy, and May-

nard Arthur-Rotermund, ‘“Blectrie W elding. ’*. Executed

-October 1, 1935. (31 claims.) - \

BE. D. | - 7 Rue 3 ;

Ed. Encl.

[fol. 1158) ‘ieee ] Mail Division,U. Ss. Patent Office. Oct.

9, 1935" ‘

~ Petition for United States Letters Patent |

To die Commissioner of Patents of the United States of

America:

Your petitioners, Lloyd Theodore Jones, Harry. Edward

Kennedy, and Maynard Arthur. Rotermund, citizens of -

United States, residing at Berkeley, i in the County of. Ala- °

Barbara Road; 103 Tunnel Road; 479 Kentucky Avenue,

Berkeley, California (respectively) pray that Letters Pat-

ent may be granted tethem, for Improvements in Electric .

Weldirg set forth inthe annexed specification; and do

mereby appoint Charles C, Scheffler, Register. No. 11032, and

1106 oh oo,

Eugene L: Greenewald, Register No. 3276, both of 30 Fast

42nd Street, New York, New York, their attorneys with full

power of substitution and rev ocation, to prosecute this appli-

cation, to make alterations and amendments therein, te sign

their name- to, the alrawi les, ‘to receive the Letters Patent,

and to transact all pusiness in the United States Patent

Office connected therewith, the power to be exercised cither

* . separately or coltéctively by said attorneys-as they shall |

from time to time’elect, Please address all communications

to Carles C. Scheffler.

Signed at Adbany in the: County of Ania ud State of |

California, the 1st day of’ October, 1935.

(S.) Lloyd Theodore Jones, arey Edward Ken-

_nedy, Maynard Arthur Rotermand.

‘ : t

= : ‘Specification

To All Whom It May Concern:

Be It KnoWn: That We, Lloyd Theodore Jones, Harry

~ Edward Kennedy, and Maynard Arthur Rotermund, citizens

-of United States, residing at Berkeley i in the County of Ala-—

meda and State of California have invented certain new and._

useful Improv ements in Electric W elding of which the fol-

lowing is a specification :

[ fol. 1159], This i invention relates ‘to electric | Iding.

been ¢ “converted into heat for. the ‘outinn of. metals, the

are process (which itself takes several farms) is the one

~ most generally practiced’ A typical example of arc-welding .

is its use to join the abvtting,edges of steel plates.- ‘In. the

metal-are variation of the are process, molten metal, pro-

vided by the melting of a metal wire or rod of suitabl

_ position, is introduced between the abutting edges of the .

> plates, and the latter aré fused sufficiently to permit

-added-metal to coalesce with the metal df the plates so that,

on cooling, a structurally strong bond results. The requisite

heat is developed, as the term ‘fare process’’ implies, by

niaintaining eithersa direct current or an alternating are

' between the parts. to be.welded, connected to one side. of the

power line, and the wire.or rod used to supply the molten

metal, connected to the other side of the power line. The

abutting plate. edges are usually beveled to form a trough

for receiving the molten metal, thereby facilitating coales-

ae lade oe th ee Meh ee ad SPR age ee OB Oe oe ey 3 - . ’

PRS ES ees: Oe ae . Pea Se Son P pak Bigis Was IK BOREL Se ‘ 1 NOONE DIES abe) 4 Co Wette} o oe ae — - .

FO) Ve Gees Re eRe Merge Nee | Paige ates DUAR mere eK Ion JE Het LR Ms FOES tia Bh < beeain he uae. ce BI "3

‘e was ate Sata cacienioes t ¥ AO at Ee TA Ee ces Ohta We te ee e oak Po ae ia th gting fo bh as 8 Pe? > 4 a

Sa ere I aaa) on iP ORE

thickness of. the latter. . ~-

“aware ¢

ing use

at, ae SO ae

cence of the added metal with the plates throughout the.

ral

The simplicity of barywire- electrode wihding recommends

it above all other methods, but the metallurgical] and ph¥si-

cal properties of metal deposited j in this simple manner are

usually so poor that the method is ansuitable for many appliz”” ¢

cations. ; :

In order. to avoid certain difficulties vaieiasiaiid | in —

metal. are welding, it is customary to protect the freshly

d&posited molten metal with a blanket of molten metal ecom-

{fol. 1160] pounds (usually compounds of the alkali’ _

line eartlis mietals). - The material used for forfiinethis

blanket is called the ‘“flux.’? The usual method of providing

_a flux blanket on the weld is to-enease the welding rod or

wire (usually referred to as the electrode) in an adherent

sheath of solid flux, and this gives rise to other difficulties.

The sheath i is usually fragile and, being nonmétallie M- na-

‘ture, is nonconduetive when cold,-so that electrical. connec-

tion must be made with the electrode at points bared for:

that purpose at intervals at variable distances from the

weld, thereby i imposing an additional burden on the auto-

matic regulating deviees widely used in welding. When the

bared sections reach the melting zone metal.of — qual-

ity is deposited. The current must pass through a variable,

length of rod, the length between. there and the contact.

point, heating” it sufficiently to. crack off the flux covering

and further to add an IR- drop to the are voltage.. This IR-

drop is not constant in magnitude. but varies ‘according to

the position of the contact point relative to the are. The. -

machine, unable to, discriminate between are voltage and _

electrode drop,. cannot maintain the constant’ are length

‘sO necessary to successful welding unless compensatory

sorted to. These ese difficulties therefore limit the

Heh-may be: e3 expended in the are. We are not

current values in excess of about 500 amperes be-

in this‘manner of welding.

For g6od welding a homogeneous deposit 7 metal is indis- -

means are

energy

-pensible. In metal. are welding it is found that the diffi-

culties invelved in securing -a homogeneous deposit .are

multiplied as the thickness of the deposit‘increases, so that,

if thick plates are ‘to be welded, if »becomes necessary to

{fols1161] make several traverses or ‘“passes,”* adding a

layer of meta] each time until, the necessary thickness is

9-2184-185

er OE

Me a Ln,

: attained. This method of operation is covey tine con-

- suming, the more so since it is usually necessary. to chip off .

the covercof solidified flux ‘ou’ one ‘deposit; and peen the

metal, before another deposit can be superimposed. It also

complicates, the stresses set up by contraction of the metal.

* in the cooling. weld, and the: resulting distortion of the

‘welded parts.

There is another known.means of applying protective |

flux. It consists in utilizing a thick coating of finely divided

material, a flux, which covers the seam to be welded. The

welding electrode, which is’ a bare wire of suitable compo- __

| _sition, is fed down by conventional feeding means and the are

is struck under this powdered flux. The electrode ‘is. tta-

versed at a constant rate along, the path to be welded.

Direct current is applied at a voltage of about 30 volts .

with @ current up to about 900 amperes. The flux used in

this system has been a: natural clay of approximately the

| ‘composition used in making brick. -The following is a typi-

eal analysis-of such a. flux: 50. 6% SiO:; 18.86% ~AlO.;

4.34% -Fes Oa; 5.00% CaO ;'6.00% Mn; 3.03% Fe. Although 5

this method, retains the advantage of feeding’ current con-

tinuously toa bare wire at a point adjacent to the ‘weld, the |

be said to be satisfactory. _ It is, therefore, customary to

hand-weld on the bottom side to insure superficial freedom a

from:holes. It has not been found: possible to extend this

- method beyond % inch plate and there is no immunity

from undesirable porosity in any thickness. Moreover, the -

_ [fol. 162k vi vigor of the are submérged under this flux pro-

jects a continuous cloud of material into the atmosphere.

An evidence of the-amount of gas Nhat i is emitted by a flux

of this nature is afforded by. the fact that the welders very

frequently wear gas ‘masks. to protect themselves from the.”

dust.. Since the dust is thrown up by gas that is evolved

gas: ‘holes should be found in the metal of the weld:

An object of the present invention is to avoid the disad-

‘ vantageous. features citéd above, and té prov ide a process

- by which even thick plates can be strongly atid rapidly elee-

trieally welded, ina single pass-or ina plurality of passes,

are at least equal to these of the parent metal, Another

; Pree : #3 ; ;

Q-:

| from the flux and the. weld metal, it is not surprising that -

with a weld_of which the density and physical properties _

‘weld metal deposited thereby is seriously deficient in. qual =

-ity. A‘weld made by this method may have ample strength

‘for certain purposes, ‘but it is so porous that it can hardly

1109

object is to prov ide a process in whith heav ie bay elding cur-

> rents ean be used and the rate of welding accelerated. A

further object is to overcome the difficulties which, ix prior

/ processes, are caused by. the inherent instability of amelee-

tric are, its liability to the extinguished by a variety of ad-

ventitious causes, and the difficulty, especially in automatic

~ machines,-of reestablishing the are when" it has been exting:

uished. Another object is to avoid the necessity for‘a flux Cs

become ‘apparent as -the description’ ‘of our "invention _pro-

ceeds, . . : —

. We have dihoveved | a novel process for elesttis wildiue

“etiasain the necessary heat is generated/by the passage of a

heavy electric current between a metal electrode (usually

bare) and the. metal plates-er-similar. objects to be welded, -

the electrode being out of mechanical contact with the objects

and the current being carried attoss the gap between the

[fol. 1163] -electrode and the objects by. and through a con-

ductive melt or welding composition having appropriate

electrical resistance properties. .The heat thus generated

melts successive portions of the electrode and the molten

material is depesited’ fia weld-filler material. The welding

composition serves ds an active instrumentality, or welding

medium, inasmuch a it provides heating means, controls the

rate, penetration, and quality of welding, purifies the molten

metal, ‘and protects the molten metal. ° .

A large nynber of experimental welds. which we ii

\. “made sup the conclusion that*the properties of-a suc-'.

cessful w ing. composition for this method of ‘w elding’ are

these :

— (1) The chemical reactions between the components :

of the welding composition must be completed before it

is used in welding. | Failure.in this regard most surely

invites porosity. a ,

(2) It must be etatile of controling the penetration

and the width of the weld.

(3) Its fluidity at welding tomperatares must be such

that if will not become entrained with the molten.metal.

(4) It must conkigt of chemicals which are not detri-

mental.to the properties of the steel,and:— -

(3), It must be Teadily removable from the finished *

weld.

ae Ges

f , ;

. A F SC A ce

¢ : e »

mh 5. Be eek os teers Sen eee ee

/ ; ; ‘ _ @®

The svmpiveitinn of the. siting: medi. i is of the utmost. -

importance. The particular composition that is to be used

is determingd<by the qualitysand thickness of the metal

-plates.to be welded, by. the current and voltage to be used,

_and by the properties. it is désired to impart to thie weld |

metal..-

[fol. 1164] We have ae calcium silieate and silicates .

sodium,.barium, i iron, manganese, cobalt, magnesium, nickel

and aluminum, both in binary and ternary combinations, i in °

various“ preportions.. We have also used ealeium titanate

and various titano-silicates, these being used when it is

‘desired to introditee titanium into the weld metal. W hile a-

number of these conductive welding compositions. are more

or less efficacious in our process, we prefer to use silicates

of the alkaline earth metals, such as calcium’ silicate, and

' we also prefer to add to these sjlicates minor ‘proportions

of alumina and of a substance adapted to: lower the melting

—~points, for example, a halide salt. . | a

SS More specifically, the welding composition pr eferably

comprises, as. its principal -kngredients, siliea (SiQ:y, at

least one basic constituent consisting of an alkaline earth

such as lime (CaO) or magnesia (MgO) or a mixture there-|

of, angl alumimra (Al:O;). The silica-and basic constituent -

are in approximately the propgrtions theoretically requirdd

to form metasilicates, although a substantial excess of silica

is permissible and frequently advisable. For example, if.

the basic constitugnt is lime, tlie proportions by weight will

be. approximately 0.7 to 1_part“of CaO to 1 part of SiO::

and‘if magnesia is stituted for part or all of the lime,

‘the silica is ineréased accordingly, so as to maintain about.

‘the same stoichiometric proportions. The alumina forms.

about 1% to 8%, by. weight, of the welding composition, and

to-be distributed over a larger area-we add, in various minor

_ proportions, say’ 6%, a material. capable of reducing the ..

energy concentration and thereby’ widening the weld. A ~

preferred material for this purpose is a nalige salt such as

- ealeium fluoride.. —

_[fol. 1165] The basic constituent pielletubly shite chiefly

- of lime.and magnesia in approximately, the proportions of

‘three parts of CaO to one part of MgO, by weight; but other

proportions ar@ useful and within the invention. : Basic.’

materials other than limecor magnesia, for example oxides

of manganese, titunium, or the alkali metals, and known

“ °

. 2

”

eT OnE Py ee A ge ee Pie ae te a ee

—r

See ee eee

fluxing r agents sucks vis borne or borie ‘icidjunay be ‘added in

moderafé amownts without greatly ehanging theé’essential

characteristics of: the welding composition, but it is. ith-

portant that the composition be substantially free from *ron

oxides uncombined with other ingredients of the composition

(by being ptefused with such. ingredierts, for imstance),.

‘and from materials (such as carbonates or moisture) which

.evolve’ detrimental amounts of. gas or vapor at welding

os ae

It is possible, ‘and may at ‘times be desirable, to include.

° ‘in the welding coniposition materials which are transferred

to the weld filler material dusing the. welding “operation

and appear in and modify the properties of the contpleted

weld, for example: ferromang anese, ferrosilicon, . ferro-:

chromium, ealeium molybdate, carbon, or reducible chemical ise

-campounds thereof.. , 7

calcium carbonate, 9.4. pounds of magnesium oxide, and.

40.5 5 pounds of silica until the reaction was complete. The

‘materials used were of the purest quality used in the ceramic

industries, but the fused’ product showed the presence, on ¢

analysis, of ahout 5% alumina. ‘The fused material was

. cooled and granulated, and to. each’ pound, one ounce of ~

a fluorspar was added. The material was then ready. for .

use. te form the. conductive melt which is the principal fea- we

_ture of our process. .

[fol. 1166] Welding compositions which have been: ead

successfully and. which serve: as. representative examples,

within the invention have the followi ing. analy ses, by weight:

ee ee I Ho oR

% CaO 295 <3124 . 2918 | 4012

Cie - 2 Be ee 8.26 -.- 0.89

i ee SR oe ae | 4.86 - 9.0

FeOs.° °°. Nw OR Oe Oe.

Before use; about 1 part of calcium fluoride was added to 16:

parts, by weight, of each of the above compositions.

. The chemical condition of the welding composition or —

median is important: the acidic and basic constituents |

should be reacted, the composition should be substantially |

“~~,

=—— ’

m2 ere

anhydrous and — from ‘gases, and all reactions whieh

would evolve deleterious amounts of gases during welding

- should be substantially completed, before the medium is |

used in the welditig process. _ These conditions are suitably

- attained: by refusing. a Mixture of the constituents, prefer-

ably in an electric furnace... Certain relatively volatile but

chemically stalle-constituents such as calcium fluoride may .

be’ added to the medium either before or after the other

ingredients have been fused and cooled: The carbonates

of calcium or magnesium may be substituted for ‘the oxides,

of course, if the “ingredients are prefused. ¢ 3

[ fol. 1167] The physiéai condition of the welding composi-

tion is likewise of the utmost. importance. If the molten .

medium is rapidly solidified by cooling, before grindjng. and

use, more homogeneous and solid welds may be praduced

than when it slowly loses heat and solidifies. ~The fused

-coniposition’ is: preferably east as a relatively thin layer

against efficient cooling or chillmg means’ such as arcoid.

‘heavy plate or block of metal, or a water-cooled chill plate,

rather than as a large ingot. It is preferred that the rate

of cooling ‘be such that substantially. all of the solidified

welding composition js characterized by é a vitreous fracture..

.In practicing our, process the plates to be welded are ar-

| ranged-as for metal open are welding. The edges are pref-

erably beveled, but this is. less necessary than with are

“welding because. the “*penetration’’ and width of the weld

(the extent to which the edzes of the plates are fused during

ilie-welding) is dictated by the composition of thé flux and

the voltage and current employed, and can be closely. coai-

trolled in our process. Means for ‘backing: ‘up’’ the se: m

during welding is preferably used.

W hen aw eld is to be made between -beveled ‘edges the

; . - space,.

Per, operation is started by filling the groove, , or

_ gap between the edges of the objects with the

welding composition, preferably in powdered or .

' granular form, ‘and a_ substantial additional

' quantity: of the composition is heaped up along

thereby overfilling the said groove. oe

“ C. the groove, , After the weld is completed, that

“ —-* portion of the composition which has*not ‘been |

"fused may. be removed, by a vacuum’ sy stem for ex: imple, =<

collected and ‘reused. The portion which’ has ‘been fused

may he lifted from the weld, exposing .a clean/and uniform

—_

; “3

sah

‘

“&

[fol. 1165) aba yurfaee. The feced. material may : be ee

groune and seated, any volatile constituents, such as hakide =,

‘being replaced. However, under -some circumstances the

reuse of the welding composition results in a sofvewliat in- |

ferior weld, probably because the eotapositiqn has pick ke ep.

impurities during its use. ¢ }

According to the welding method. of the invention, the

end of the welding elettrode, which is: preferably a‘ bare

metal eectrode, is “first! inserted into the welding composi- —

tion. Sincée the compogition is nonconductive when cold, |

_a‘conduetive path for the welding current is provided by

Seid! the gap between the electrode and the work with,

' for example, a sliver of graphite or a wad-of steel wool,

, The power is tien applied, the welding composition 4s_lo

: agit i forming a sti

face pool,

“Per C. eally heated enill it fuses nd isi uasiee re. K

"and immediately thereafter the end ‘of the electrode

begins to fuseand the molten me¢tal begins to deposit

displacing the subsurface pool,

of fused: welding composition. °

‘« .C, in the groove, , At the same time the éiiaes of the

Se objects being welded begin to fuse and to coalesce

with the deposited metal. The electrode is then fed tow ard

the ‘work and moved along the seam at an ap} opriate: rate;

preferably by a mechanical device which may be similar to

‘those whiclr‘are extensively used in open are welding, and

- the welding proceeds without interruption.

-- * ° a protective layer of

Pér a he welding proceeds under , the. composition unob-

- trusively. There is practically no puffing or yNible |

displacement of the welding medium, tio v isible spar

ing, and, indeed, scarcely any external evidence that.

weld is being ‘made. “The weld | is ordinarily comple

in one, pags, even. in thick plate. The welding composition

in front of the electrode remains unfused,*while the fused.

[fol. 1169] cumposition rises to the top of the completed .

portion of the weld and solidifies. Even this effect. is -

scarcély v isible because of the use of an excess of ,the weld.

ing composition which Femains - unfused and covers sthe -

fused composition and metal.

‘Tt is possible in our process to use either altérnating or

‘direct current, or ditect current superimposed on alternat-

ang ng current. “Alternating current alone is preferred.

“The renulte atthined are bafiasnoad: as in open are: weld-

ing, by the potentgal or voltage difference ‘between the elee-

trode and the work, by the magnithade of the welding cCur-

rent, by the size of the electrodg;and ‘by the rates at which

* the vlectrode is fed taward

the sean. “Assuming a constint welding speed, the welding

voltage and current-vary ‘with the plate thickness,’ each

being a function thereof. For example, we may use a

welding voltage of about 36 volts and a welding current of

about 1500 amperes when welding together: steel an

about*one inch thick using a bare wélding rod -about '

inch ‘in diameter and a welding speed along the seain- of

about 8 inches per minute. The welding. curreut may rise’

+. > fe 2000 amperes or more, and with such heavy currents.

" splates 1.5 to 2 inches thick may be welded in one pass ata

rate of 6 or 7 inches per minute.,

». ‘She preie ‘rred welding current is-a function of several:

‘fagtors incliding the diameter of the electrode; the rates of .

penetration, deposition of metal, and travel. long. the seam,

the penetre ation of the werk piece, and the compesition of

> an electrode of a given size, the prefer red current is far

ereate?® tham can be used successfully inprocesses hereto-

fore known. The follewing table. indicates_the order, of

ae (fol. 1170] mgenitude of the:current in=the old and new

a processes, TOT tite purposes of comparison, but it. will be

- realized that the invention is pot limited-to the use “of the

Cu rte nt values shown. : :

ba ee i lectrode me Current Amperes

Diameter. 2 > | a Old

: inches _ Invention - Methods

> oe ~*, 500 to 800 - 170 to 210"

=. a 800 to 1200) = 225 to BOO

3/16 ; 1250 to 1700 300 to 400°

a Be 1500 to 2200~ 375 to 525

In welding very heavy plate it is somotines adv antageous

to Use tWo passes rather than only one, because of iechan-

ieal diffienities in supplying large amounts of filler metal .

rapidly, The tacts that the weld has little or no internal’

stress, and ‘that the flux lifts off easily, leaving ‘a clean

surface, expedite the two-pass. method.

Welds made by our process have certain Rdtoiidae

e seam and traversed along”

A Bee SPE ee Te

; a ‘ae - ‘ poor

a eee as. ae =

; 3 wer"

characteristics. A cross section ot our. weld shows, in most

‘ases, that the planes defining the ultimate zone, of fusion

at the sides of the weld are approximately parallel. This

relation is‘almost independent of the character of the V:

and obtains whether the parts are preliminarily beveled to

_a wide-V, to a narrow V, or are net beveled at all. The

“deposit of. metal ocgurs, not ‘directly under-the electrode, |

but back of it, and here. appear to be liquid currents (pos:

the ‘surface of the resistive composition to be depressed at

the point where it is first fused, that is, just behind the elec-

trode, and cause both the deposited metal and the ¢ conductive:

(fol. 11 71] melt to-be heaped up back of the electrode. This

facilitates the production of a weld Having the desirable up-

wardly convex surface, With some excess metal above the

seam, which can. ater ae off, or,'as in the usual

pri actice, left for reinfor@ement. The relatively high current.

densities which are preferably 1 used ‘superhe: it the molten

metal and welding composition, making them highly fluid.

The liquid currents. set up in this highly -fluid mass

cffeetively mix the ‘netal and w elding, composition, thereby

ar cleansing or

Pet €. &* waskitiiibnpuritioa out of the metal, and then

completely separate pre metal as it is deposited.

As a résult, unusually clean ahd str€ng metal is deposited.

Since the amount of metal solidifying is uniformly wide,

unequal stresses, which would tend to warp the plate, are

not created, and the weld is of such low internal stress that

no evidence of plate deflection is apparent after itS com-

pletion. 4a

Several circumstanees show clearly that our process dbdes

not depend on the® formation ofan are of the usual type,

af, while a weld is being made, the cirenit is opened éx-

ter nally of the W@ld and then closed again while the resistive

composition is still molten, the eurrent will immediately

resunie its flow without any necessity for moving the elec-

trode,into contact with the seant.as it weuld be necessary to

do t@ reestablish an are of the usual type.” The heat for

melting the electrode is evidently developed in the eonduc-

tive melt itself. : |

The conduetive welding composition used in our. process

* doubtless performs the protective functions of a flux, but

it is much more than a flux, and many compositions which

are satisfactory fluxes for are welding are unsuitable for

im: eee Sie”

our purpose. When &n electric current is passed through a

fol. 1172] material which becomes a Nernst conductor at a-

low temperature a relatively large area of the material will

be engaged in the’ conduction. Common salt (Na Cl) is a

material! of this class: if it is used, the current is conducted

“from the eleetrode to the plate almost entirely by the fused

electrolyte. Sd much sak is involved i in the conduction that

_the energy density is-insufficient to produce fusion of the

“plate or Wire. If, onthe other hand, a material becomeés a &

-* Nernst conductor at ar exceedingly high temperature, very : :

little: ‘of the material is involved in. the conduction, the

energy is thereby so concentrated as to melt very decply

snd with very small cross section. | By a proper seleétion

of welding composition, as explained ‘bercinabove, . the ;

energy density on the parts to be welded may be satis- —

factorily controlled anc the produetion of a \ sound weld may

be assured. | ,

This applieation is a cadstinuatibn. in part, of ‘our prior ie

applications Serial Numbers 657,836 and 705,892, respect-. Is

ively, filed February 21, 1933 3 and san 9, 1934. |

[fol aes We claim:' , Beet

ie B*

“4

eemrernpeeoee perenne --20

1. A method of Antec welding which consists in ——.

ing the parts to be Joined to the action of an electric curr nt,.

said current passing substantially wholly_.through -a- flux

placed on the parts tobe joined, said flux consisting of two ay

components, one acid and one basic, chemical re: ction he-

tween the components having heen previously completed.

-* 2. 4 method-of electric w elding i in the presence of a flux

which consists in substantially enclosing the gap between

the electrode and the work in a flux which has. been render ed

chentically inactive. - : . .

Insert: D*. ; Oy, 9

3.-The method of electric welding by melting a metal

electrode, depositing the metal so melted upon a metal work

piece, and coalescing said melted metal with adjacent fused:

metal of said work piece, which method compriece supplying

[ Matter enclosed. between rules erased i in copy. ] ‘

«! cor |

heat for said welding by passing an electric current from .

said electrode to” said work piece ‘througli a

Insert B' fuxed nonmetallic material ,, and maintaining

> BY

. said, material” in constant contact with said.

to avoid - : =

per B. clectrode and st om piece , [whereby]* the

: air

ae ‘formation of a substantial., [gas]*-conduet t

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