DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The Amendment filed on October 22nd, 2025 has been entered. Claims 1-7 remain pending in the application.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Riether (US Patent No. 20160167356) in view of Sigler (US Patent No. 10682724) and further in view of Fukuchi (US Patent No. 20070280849).
Regarding Claim 1, Riether teaches a bonding device for joining together a first member, an intermediate member, and a second member which are electroconductive, extend along a prescribed major plane, and are layered in this order as a laminated assembly, comprising (Figure 2, Bonding device that joins three members 10, 11, and 46 that extend along a major plane and are layered on top of each other. Paragraph 16 and 50 metal sheets are made of steel or aluminum which are electroconductive): a probe opposing a second surface of the laminated assembly provided by the second member at a position corresponding to the probe and configured to rotate around a central axial line crossing the major plane and move toward and away from the second member (Figure 2-4 and Paragraph 45-47, Tool 17 is opposite of metal sheet 10 and is configured to rotate about rotational axis 19 and move up and down toward metal sheet 10); a tool configured to contact the laminated assembly from the second surface for friction stir bonding (Figure 2 and 4, Tool head 17 is configure to come in contact with outer side 13 of metal sheet 10 and cause stir friction bonding); a drive mechanism configured to rotate the probe around the central axial line and move the probe toward and away from the second member along the central axial line (Figure 2 and Paragraph 48, Electric motor for moving the tool 17 by rotating it about rotational axis 19 and moving it up and down toward and way from metal sheet 10); and a control unit for controlling operation of the drive mechanism and the electric power supply such that the probe is rotated around the central axial line (Figure 2 and Paragraph 48, Electric motor for moving the tool 17 by rotating it about rotational axis 19 and moving it up and down toward and way from metal sheet 10).
Riether fails to teach a probe, that can serve as an electric conductor, with a tip that performs resistance welding, a power supply, and an anvil that has an electroconductive region and an electrically insulating region.
Sigler teaches a method and apparatus for resistance spot welding (Col 2 Line 10-12, Spot welding) where the probe has a tip (Figure 5, Electrode 18 has a tip), and an anvil (Col 9 Line 25-55 and Figure 5-6, The design and construction of each of the welding electrodes 16 and 18 is represented generally as reference numeral 50 and 50′. The welding electrode 50, acting as an anvil) provided with an anvil contact surface for supporting a first surface of the laminated assembly provided by the first member (Figure 5, Electrode 16 serving as an anvil is in contact with first metal workpiece 32), the anvil contact surface includes an electroconductive region (Col 9 Line 56-59, electrodes 50 which corresponds to electrode 16 has a weld face that can conduct currents), and the anvil has an electrically insulating region (Figure 5-6 and Col 11 Line 45-55, The circular ridges 66 does not help or interfere with current flow into and out of a steel workpiece, therefore reads as insulating region since no current flows through), and an electric conductor (Figure 5, Electrode 18 serves as an electric conductor), configured to contact the laminated assembly from the second surface for resistance welding (Col 11 Line 45-49 and Figure 5 and 8, Electrode 18 contacts second metal workpieces 34 provides current for resistance welding), electric current flows between the electric conductor (Col 11 Line 45-49 and Figure 5 and 8, Electrode 18 contacts second metal workpieces 34 provides current for resistance welding) and the anvil (Col 9 Line 56-59, electrodes 50 which corresponds to electrode 16 has a weld face that can conduct currents), thereby the first member and the intermediate member are joined to each other by resistance welding (Col 15-16 Line 55-8, First and Second metal workpieces 32 and 34 are joined together through resistance welding), and an electric power supply electrically connected to the anvil and the conductor to conduct electric current through the laminated assembly via the anvil and the conductor (Col 9 Line 56-59 and Col 11 Line 45-49, Both Electrodes 16 and 18 have currents through them, therefore it reads as having an power supply connected to them).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Riether to incorporate an insulating region as stated in Sigler. The insulating region enhance contact between the weld face and the workpiece by stretching and fracturing any refractory oxide surface layers that may be present on both the weld face and the workpiece. (Figure 5-6 and Col 11 Line 39-46, Insulating Ridges).
Riether in view of Sigler fails to teach two members joined by friction stir bonding.
Fukuchi teaches a friction stir welding apparatus (Abstract, Friction Stir) where the probe advanced into the laminated assembly from the side of the second surface until the tip of the probe reaches the intermediate member (Figure 2a-d, Welding Tool 1 with a tip goes through high-strength member 2 to reach low-strength member 3), and the second member and the intermediate member are joined to each other by friction stir bonding (Figure 2a-d and Claim 1, Top member 2 and member 3 are joined together by stir friction).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Riether in view of Sigler to incorporate friction stir welding the as stated in Fukuchi. The process of friction stirs welding yields a welded structure with high wielding strength to ensure no failures occur in the structure (Paragraph 11, High Welding Strength).
Regarding Claim 2, Riether in view of Fukuchi fails to teach that the probe conducts current to be considered an electric conductor .
Sigler teaches a method and apparatus for resistance spot welding (Col 2 Line 10-12, Spot welding) where the probe is the electric conductor (Col 9 Line 25-55, Col 11 Line 33-55 and Figure 5 and 8, The design and construction of each of the welding electrodes 16,18 is represented generally as reference numeral 50 and 50′. The welding electrode 18, acting as the probe, is an electric conductor as it is made of conductive material and Surface 62′ enables the welding electrodes 50′ to concentrate current within a steel workpiece).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Riether in view of Fukuchi to incorporate that functions of an electric conductor in to the probe as stated in Sigler. The electric conductor is able to concentrate both current and heat within a steel workpiece to begin the joining process (Col 11 Line 33-55, Conductor).
Regarding Claim 5, Riether in view of Fukuchi fails to teach that the electrically insulating region is provided centrally on the anvil contact surface.
Sigler teaches a method and apparatus for resistance spot welding (Col 2 Line 10-12, Spot welding) where the electrically insulating region is provided centrally on the anvil contact surface ((Figure 5-6 and Col 11 Line 45-55, The circular ridges 66 does not help or interfere with current flow into and out of a steel workpiece, therefore reads as insulating region since no current flows through. Is provided centrally on face weld 56).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Riether to incorporate an insulating region as stated in Sigler. The insulating region enhance contact between the weld face and the workpiece by stretching and fracturing any refractory oxide surface layers that may be present on both the weld face and the workpiece. (Figure 5-6 and Col 11 Line 39-46, Insulating Ridges).
Regarding Claim 6, Riether in view of Fukuchi fails to teach that the electroconductive region surrounds the insulating region.
Sigler teaches a method and apparatus for resistance spot welding (Col 2 Line 10-12, Spot welding) where the electroconductive region is provided on the anvil contact surface (Col 9 Line 25-55 and Figure 5-6, The design and construction of each of the welding electrodes 16,18 is represented generally as reference numeral 50 and 50′. The welding electrode 50, acting as an anvil, may be constructed from a copper alloy of suitable electrical and thermal conductivity) in an annular shape around the electrically insulating region (Figure 5-6 and Col 11 Line 45-55, The circular ridges 66 does not help or interfere with current flow into and out of a steel workpiece, therefore reads as insulating region since no current flows through. The Ridges 66 is surrounded annularly by the convexly domed shape of the base weld face surface 62, which is conductive since it enables the welding electrodes 50 to concentrate current within a steel workpiece).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Riether in view of Fukuchi to incorporate an electroconductive region surrounding the insulating region as stated in Sigler. The conductivity of the anvil allows for the electrical current to pass through the workpieces to start the welding process (Col 9 Line 25-55, Conductivity).
Regarding Claim 7, Riether in view of Fukuchi fails to teach that the electroconductive regions is separated by the insulating region.
Sigler teaches a method and apparatus for resistance spot welding (Col 2 Line 10-12, Spot welding) where the electroconductive region is provided on the anvil contact surface (Col 9 Line 25-55 and Figure 5-6, The design and construction of each of the welding electrodes 16,18 is represented generally as reference numeral 50 and 50′. The welding electrode 50, acting as an anvil, may be constructed from a copper alloy of suitable electrical and thermal conductivity) as a plurality of segments that are isolated and separated from one another by a part of the electrically insulating region (Figure 5-6 and Col 11 Line 45-55, The circular ridges 66 does not help or interfere with current flow into and out of a steel workpiece, therefore reads as insulating region since no current flows through. The Ridges 66 separate the convexly domed shape of the base weld face surface 62, which is conductive since it enables the welding electrodes 50 to concentrate current within a steel workpiece, into multiple sections).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Riether in view of Fukuchi to incorporate that electroconductive region is separated by the insulating region as stated in Sigler. The ridges enhance contact between the weld face and the workpiece by stretching and fracturing any refractory oxide surface layers that may be present on both the weld face and the workpiece. (Figure 5-6 and Col 11 Line 39-46, Insulating Ridges).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Riether (US Patent No. 20160167356) in view of Sigler (US Patent No. 10682724) and further in view of Fukuchi (US Patent No. 20070280849), and Chun (KR Patent No. 20090067434).
Regarding Claim 3, Riether in view of Sigler and Fukuchi fails to teach a shoulder member.
Chun teaches a spot welding device for joining overlapping workpieces (Paragraph 1, Welding Device) where the shoulder member is provided with a through hole for receiving the probe, and a shoulder contact surface configured to abut against the second surface, the shoulder member being at least partly electroconductive, wherein the shoulder member is the electric conductor (Figure 3-4, Electrode 12, acting as a shoulder member, has a through hole 13 for receiving welding tool 11 and is pressed against the top member 100 of the laminated assembly. Paragraph 4, The electrode 12 is made of a material with excellent conductivity and has current applied to it. The electrode 12 has the same functions as the electric conductor therefore it can be considered the electric conductor).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Riether in view of Sigler and Fukuchi to incorporate a shoulder member as stated in Chun. The electrode applies current to the workpiece to join the workpiece (Paragraph 4, Shoulder Member).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Riether (US Patent No. 20160167356) in view of Sigler (US Patent No. 10682724) and further in view of Fukuchi (US Patent No. 20070280849), Chun (KR Patent No. 20090067434), and Sayama (JP Patent No. 2020075283).
Regarding Claim 4, Riether in view of Sigler, Fukuchi, and Chun fails to teach a shoulder member with a recess.
Sayama teaches a friction stir welding apparatus (Paragraph 1, friction stir welding apparatus) where the shoulder member is provided with a recess recessed relative to the shoulder contact surface so as to define a bottom surface opposing the second surface and partly receive the probe (Figure 2-4, Shoulder 8 has a recess on the bottom surface opposing metal thin film 2C and receives tool 7).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Riether in view of Sigler, Fukuchi, and Chun to incorporate a shoulder member with a recess as stated in Sayama. The plastically deformed portion of the workpiece is cooled by the shoulder surface, and the expansion of the stirring portion is prevented (Paragraph 16, Shoulder Member).
Response to Arguments
Applicant’s arguments, see Pages 5-6, filed October 22nd, 2025, with respect to the rejection of claim 1 under 35 USC § 103 have been fully considered and are persuasive. Applicant provides more details on the operation of the probe in the Amended claim 1. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Riether, Sigler, and Fukuchi through a different interpretation of the prior art.
Applicant’s arguments, see Pages 7, filed October 22nd, 2025, with respect to the rejection of claim 1 under 35 USC § 103 have been fully considered and are not persuasive. Applicant argues that the cited references do not teach both friction stir and resistance welding as the parts of the apparatus would be different, separate and can’t be combined. However, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference.... Rather, the test is what the combined teachings of those references would have suggested to those of ordinary skill in the art." In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HAMZEH HICHAM AMIN/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761