DETAILED ACTION
This office action is responsive to the amendment filed on 02/23/26. As directed by the amendment: claims 1, 2, and 8 have been amended; no claims have been cancelled; and claims 9-17 have been added. Thus, claims 1-17 are presently pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 14-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “forming a recess on a surface facing the protrusion and disposed at a corresponding position of the protrusion and a notch provided on a die provided in a vicinity of one of the electrodes”; however, it is unclear: what element is “disposed at a corresponding position”, namely is the Applicant referencing the recess and/or the protrusion? Appropriate correction is required to provide clarity to the instant claim recitation(s).
Claim 1 recites “forming a recess on a surface facing the protrusion and disposed at a corresponding position of the protrusion and a notch provided on a die provided in a vicinity of one of the electrodes”; however, it is unclear: what element is “in a vicinity of one of the electrodes”, namely is the Applicant referencing the notch and/or the die? Appropriate correction is required to provide clarity to the instant claim recitation(s). Claims 2-7 are rejected for at least the reason of their direct and/or indirect dependency from independent claim 1.
Each of new claims 14-16 is directed toward a spot welding apparatus; however, each of the
claims positively recite a method step limitation (e.g., “apply a viscount material”), and accordingly, the claim is a “mixed-type” claim, a single claim which claims both an apparatus and the method steps of using the apparatus (see MPEP 2173.05(p) II – “II. PRODUCT AND PROCESS IN THE SAME CLAIM
A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011). In Katz, a claim directed to “[a] system with an interface means for providing automated voice messages…to certain of said individual callers, wherein said certain of said individual callers digitally enter data” was determined to be indefinite because the italicized claim limitation is not directed to the system, but rather to actions of the individual callers, which creates confusion as to when direct infringement occurs. Katz, 639 F.3d at 1318 (citing IPXL Holdings v. Amazon.com, Inc., 430 F.3d 1377, 1384, 77 USPQ2d 1140, 1145 (Fed. Cir. 2005), in which a system claim that recited “an input means” and required a user to use the input means was found to be indefinite because it was unclear “whether infringement … occurs when one creates a system that allows the user [to use the input means], or whether infringement occurs when the user actually uses the input means.”); Ex parteLyell, 17 USPQ2d 1548 (Bd. Pat. App. & Inter. 1990) (claim directed to an automatic transmission workstand and the method of using it held ambiguous and properly rejected under 35 U.S.C. 112, second paragraph).” Appropriate correction is required. .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Noda et al. (JPH01258873)
With regard to claim 1, Noda describes a spot welding method (“Projection welding is performed by applying pressure and electricity (Figure 3). The projection welding machine used here can use the welding gun of a commonly used spot welding machine as is, and it is only necessary to change the electrode to a flat type electrode. Note that the flat pole may have a diameter of about 10 to 20 φ.”, pg. 2, ln. 34-35) for welding a first panel (1) and a second panel (2) by applying a current between electrodes in pairs (6/7) in a state in which the first panel (1) and the second panel (2) overlap one another and are held by the electrodes (6/7)(FIG. 3 ), the method comprising: forming a protrusion (4) on a surface facing the second panel (2) (FIG. 3 illustrates the panels after protrusion has been formed and as electrodes are situated adjacent to respective panel surfaces), at a welding-target part of the first panel (1); forming a recess (5) on a surface facing the protrusion (4), at a welding-target part (FIG. 3, location of 4/5), of the second panel (2), such that the recess has a depth that allows a top of the protrusion to come into contact with a bottom of the recess (FIG. 3) (protrusion formed via a punch and die as illustrated in FIG. 2: “he required number of protrusions 4.5. Projections 4a, 5a and projections 4b, 5b are formed (FIG. 2). Therefore, the projections 4, 5.4a, 5a, 4b, and 5b are formed so as to overlap and protrude in the same direction at the same position of the two welded materials 1 and 2. As a press tool for forming these projections, for example, a simple one having a C-shaped frame with a punch and a die provided at both ends can be used.”); and holding the welding-target part of the first panel (1) and the welding-target part of the second panel (2) between the electrodes (6/7) (FIG. 3), in a state in which the protrusion (4) is inserted in the recess (5) and applying the current between the electrodes (6/7) (“Projection welding is performed by applying pressure and electricity (Figure 3). The projection welding machine used here can use the welding gun of a commonly used spot welding machine as is, and it is only necessary to change the electrode to a flat type electrode. Note that the flat pole may have a diameter of about 10 to 20 φ.”, pg. 2, ln. 34-35).
Noda does not explicitly utilize the term “a notch provided on a die”; however, it is submitted that one of ordinary skill in the art would understand that the press tool which forms the projections in Noda includes such a feature (“a punch and a die” which his correspondent to the claimed “notch provided on a die”) as the citation teaches: “As a press tool for forming these projections, for example, a simple one having a C-shaped frame with a punch and a die provided at both ends can be used.” (emphasis added). Accordingly, it is respectfully submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to understand that the structural limitations of the press tool of Noda having a C-shaped frame with a punch and a die at both ends is equivalent to the claimed notch, as suggested and taught by Noda as detailed above as a die includes a “notch” to receive an end portion of the corresponding punch. Furthermore, the claimed notch provided on a die is in a vicinity of one of the electrodes as the utilization of the “punch and a die” and thereafter the utilization of electrodes is concurrent from a processing perspective, and accordingly would necessarily be in a “vicinity” to each other as detailed in Noda at pg. 2, ln. 26-34.
With regard to claim 2, Noda describes the first panel (1) and the second panel (2) are caused to overlap one another and are placed between a male die and a female die (15/16) such that the second panel (2) is disposed on a side of the female die (16), the male die (15) comprises a tapered bar-shaped member, the female die (16) includes the notch into which a tip of the bar-shaped member is to be inserted, and the protrusion and the recess are formed simultaneously by pushing the bar-shaped member toward the notch (FIG. 6 illustrates molds 15/16/positioning jig 3 which are applied in the primary embodiment of Noda to form the protrusions via a projection welding operation with a welding operation being performed thereafter; “The projection welding method of the present invention aligns and overlaps two workpieces, and in this state, the two workpieces are formed with a plurality of protrusions that overlap and protrude in the same direction”, pg. 2, ln. 11-12; “As is well known, in projection welding, as shown in FIG. 6, a required number of protrusions ( Projection) 13.14 are made in advance, and these workpieces 11 and 12 are set in a positioning jig (not shown), aligned and overlapped, and a pair of flat molds 15 and 16 are used”, pg. 1, ln. 7-8; “The positioning jig 3 used here is the same as that used in the welding process in general projection welding, and is used to overlay and fix the two welded materials 1.2 in a predetermined positional relationship. , the welding position of these materials to be welded 1.2 and the electrode of the projection welding machine can be aligned. Next, in this temporarily assembled state, two pieces of welded materials (upper plate and Pi) … The required number of protrusions 4.5. Projections 4a, 5a and projections 4b, 5b are formed (FIG. 2). Therefore, the projections 4, 5.4a, 5a, 4b, and 5b are formed so as to overlap and protrude in the same direction at the same position of the two welded materials 1 and 2. As a press tool for forming these projections, for example, a simple one having a C-shaped frame with a punch and a die provided at both ends can be used.)”, pg. 2, ln. 24-29).
With regard to claim 3, Noda describes the second panel (2) has a thickness equal to or greater than a thickness of the first panel (1) (FIG. 3).
With regard to claim 4, Noda describes the second panel (2) has a thickness equal to or greater than a thickness of the first panel (1) (FIG. 3).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Noda et al. (JPH01258873) in view of Shoji et al. (JPH0655277).
With regard to claims 5-7, Noda teaches the invention as detailed above; however, the citation does not teach the limitation of applying a viscous material between the first panel and the second panel and causing the first panel and the second panel to overlap one another, before forming the protrusion and the recess, wherein the protrusion and the recess are held by the electrodes and are welded, in a state in which the viscous material is not cured. However, Shoji, from the same field of endeavor directed toward a joining method for steel material and aluminum base material teaches: “An adhesive is applied to the surface of the coated steel plate or aluminum-based material to be joined. The adhesive may be applied to the joint surface portions of both the steel material and the aluminum-based material. As the adhesive, an epoxy resin-based adhesive that is widely used in the fields of aircraft, automobiles, electrical and electronic equipment, civil engineering and construction, etc. is used … Spot welding is carried out by appropriately selecting the conditions of welding current, energizing time, pressure, and electrode shape. As the welding power source, any type is selected from a single-phase AC type, a three-phase rectification type, a DC type, a condenser type, and the like. After spot welding, the adhesive is hardened. The conditions at this time are selected based on the curing characteristics of the adhesive ….”, para. [0014]-[0021].
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Noda reference, such that a viscous material (adhesive) is applied between the metal panels, as suggested and taught by Shoji, between the first and second panels of Noda and before the recess and electrode weld process is performed by Noda for the purpose of providing enhanced securement between the first and second panels.
Claims 8-13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Noda et al. (JPH01258873) in view of Aoyama et al. (JP 200775890).
With regard to claim 8, Noda teaches a spot welding apparatus (“Projection welding is performed by applying pressure and electricity (Figure 3). The projection welding machine used here can use the welding gun of a commonly used spot welding machine as is, and it is only necessary to change the electrode to a flat type electrode. Note that the flat pole may have a diameter of about 10 to 20 φ.”, pg. 2, ln. 34-35) comprising: a first electrode (6); and a movable electrode (7) configured to be brought close to and away from the first electrode (6), the spot welding apparatus being configured to weld a first panel (1) and a second panel (2) by applying a current between the first electrode (6) and the movable electrode (7) in a state in which the first panel (1) and the second panel (2) overlap one another and are held by the first electrode (6) and the movable electrode (7), the spot welding apparatus further comprising: a processing mechanism (15/16) configured to move to a processing position at which the processing mechanism presses the first panel and the second panel and to return from the processing position to a non-processing position, the processing mechanism comprising: a tapered bar-shaped member provided in a vicinity of the movable electrode (7), the bar-shaped member being configured to be moved, by driver configured to move the movable electrode (7), in a movement direction of the movable electrode (7) at the processing position; and a die (3) provided in a vicinity of the fixed electrode (6), the die having a notch corresponding to a shape of a tip of the bar-shaped member, the die being configured to allow the first panel (1) and the second panel (2) to be placed on the die at the processing position (FIG. 6 illustrates molds 15/16/positioning jig 3 which are applied in the primary embodiment of Noda to form the protrusions via a projection welding operation with a welding operation being performed thereafter; “The projection welding method of the present invention aligns and overlaps two workpieces, and in this state, the two workpieces are formed with a plurality of protrusions that overlap and protrude in the same direction”, pg. 2, ln. 11-12; “As is well known, in projection welding, as shown in FIG. 6, a required number of protrusions ( Projection) 13.14 are made in advance, and these workpieces 11 and 12 are set in a positioning jig (not shown), aligned and overlapped, and a pair of flat molds 15 and 16 are used”, pg. 1, ln. 7-8; “The positioning jig 3 used here is the same as that used in the welding process in general projection welding, and is used to overlay and fix the two welded materials 1.2 in a predetermined positional relationship. , the welding position of these materials to be welded 1.2 and the electrode of the projection welding machine can be aligned. Next, in this temporarily assembled state, two pieces of welded materials (upper plate and Pi) … The required number of protrusions 4.5. Projections 4a, 5a and projections 4b, 5b are formed (FIG. 2). Therefore, the projections 4, 5.4a, 5a, 4b, and 5b are formed so as to overlap and protrude in the same direction at the same position of the two welded materials 1 and 2. As a press tool for forming these projections, for example, a simple one having a C-shaped frame with a punch and a die provided at both ends can be used.)”, pg. 2, ln. 24-29).
Noda further teaches the tapered bar-shaped member is configured to forming a protrusion (4) on a surface facing the second panel (2), at a welding target part of the first panel (1)(FIG. 2), and forming a recess (5) on a surface facing the protrusion (4) and at a corresponding position of protrusion (4), at a welding target part of the second panel (2), such that the recess (5) has a depth that allows a top of the protrusion (4) to come into contact with a bottom of the recess (5). With regard to the limitation of the notch disposed at a position corresponding to a position of the protrusion and the recess, Noda does not explicitly utilize the term “a notch provided on a die”; however, it is submitted that one of ordinary skill in the art would understand that the press tool which forms the projections in Noda includes such a feature (“a punch and a die” which his correspondent to the claimed “notch provided on a die”) as the citation teaches: “As a press tool for forming these projections, for example, a simple one having a C-shaped frame with a punch and a die provided at both ends can be used.” (emphasis added). Accordingly, it is respectfully submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to understand that the structural limitations of the press tool of Noda having a C-shaped frame with a punch and a die at both ends is equivalent to the claimed notch, as suggested and taught by Noda as detailed above as a die includes a “notch” to receive an end portion of the corresponding punch. Furthermore, the claimed notch provided on a die is in a vicinity of one of the electrodes as the utilization of the “punch and a die” and thereafter the utilization of electrodes is concurrent from a processing perspective, and accordingly would necessarily be in a “vicinity” to each other as detailed in Noda at pg. 2, ln. 26-34.
Noda does not explicitly teach that one of the electrodes is fixed; however, it is submitted that it is well known in the art to have an arrangement within a spot welding environment in which one electrode is fixed and another electrode is movable as taught by Aoyama which is from the same field of endeavor directed toward a welding equipment linked with a pressing device teaches the aforementioned limitation: (“The welding device 16 is an electric resistance welding device having a movable electrode 19 and a fixed electrode 20 arranged on the same axis, and the electrodes 19 and 20 are attached to an upper arm member 18 and a lower arm member 17, respectively.”, pg. 4, ln. 17-18).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Noda reference, such that one of the electrodes is fixed, as suggested and taught by Aoyama, for the purpose of providing a predetermined force to the subject panels to enhance the weld strength of the subject weld performed by the electrodes.
With regard to claim 9, Noda teaches a control device configured to process the spot welding method according to claim 1 (“The present invention has been made in view of the above-mentioned conventional problems, and, like spot welding, a small and simple welding machine can be used, and the welding can be performed stably without damaging the protrusion of the unwelded part due to sparks. The purpose is to provide a projection welding method that provides high quality. Another object of the present invention is to provide a projection welding method that can improve the assembly accuracy of a product.”, pg. 2, ln. 7-9).
With regard to claim 10, Noda teaches non-transitory computer readable medium storing a computer executable program product comprising the spot welding method according to claim 1 (“The present invention has been made in view of the above-mentioned conventional problems, and, like spot welding, a small and simple welding machine can be used, and the welding can be performed stably without damaging the protrusion of the unwelded part due to sparks. The purpose is to provide a projection welding method that provides high quality. Another object of the present invention is to provide a projection welding method that can improve the assembly accuracy of a product.”, pg. 2, ln. 7-9).
With regard to claim 11, Noda teaches a control device configured to: cause the first panel and the second panel to overlap one another and are placed between a male die and a female die such that the second panel is disposed on a side of the female die, wherein the male die comprises the tapered bar-shaped member, wherein the female die comprises the notch into which a tip of the bar-shaped member is to be inserted, and wherein the control device instructions the protrusion and the recess to be formed simultaneously by pushing the bar-shaped member toward the notch (see FIG. 2 which illustrates the formation of the protrusion 4 and recess 5 with panels 1/2 in an overlapped state and the description provided here-before over the independent claim regarding the details related to the bar-shaped member of Noda).
With regard to claim 12, Noda teaches the second panel has a thickness equal to or greater than a thickness of the first panel (see FIG. 2 in which the first and second panels 1/2 have equivalent thicknesses).
With regard to claim 13, Noda teaches the second panel has a thickness equal to or greater than a thickness of the first panel (see FIG. 2 in which the first and second panels 1/2 have equivalent thicknesses).
With regard to claim 17, Noda teaches the control device comprises: a non-transitory memory including computer instructions; and a processor executing the computer instructions stored in the non-transitory memor (“The present invention has been made in view of the above-mentioned conventional problems, and, like spot welding, a small and simple welding machine can be used, and the welding can be performed stably without damaging the protrusion of the unwelded part due to sparks. The purpose is to provide a projection welding method that provides high quality. Another object of the present invention is to provide a projection welding method that can improve the assembly accuracy of a product.”, pg. 2, ln. 7-9).
Response to Arguments
Applicant's arguments filed 02/23/26 have been fully considered and are addressed hereafter. With regard to the limitation of “a notch provided on a die”, as detailed above, it is respectfully submitted that Noda does not explicitly utilize the term “a notch provided on a die”; however, it is submitted that one of ordinary skill in the art would understand that the press tool which forms the projections in Noda includes such a feature (“a punch and a die” which his correspondent to the claimed “notch provided on a die”) as the citation teaches: “As a press tool for forming these projections, for example, a simple one having a C-shaped frame with a punch and a die provided at both ends can be used.” (emphasis added). Furthermore, the prior art rejections have been adapted as appropriate in view of the newly presented claim amendments and new rejections presented over the newly presented claims.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W ISKRA whose telephone number is (313) 446-4866. The examiner can normally be reached on M-F: 09:00-17:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IBRAHIME ABRAHAM can be reached on 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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