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 .
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hori et al. (US 2019/0358740, hereafter “Hori”) in view of Seo et al. (WO 2020/170488 A1, see translation of record, “Seo”), and further in view of Burton et al. (US 7703654, “Burton”) & Trapp et al. (US 7416102, “Trapp”).
Regarding claim 1, Hori discloses a method for manufacturing a joined body, in which a first metal member 2/3 and a second metal member 2/3 are joined together by friction stirring (figs. 1-10, abstract), wherein the first metal member 2 (jacket body) is made of a first aluminum alloy, and the second metal member 3 (sealing body) is made of a second aluminum alloy, the first aluminum alloy having a higher hardness than the second aluminum alloy [0058], and wherein a rotary tool F used in the friction stirring has a stirring pin F2 (figs. 3-4), the method comprising the steps of:
a butting process to form a butted portion by butting a side face of the first metal member 2 and a side face of the second metal member 3 (fig. 3), and
a primary joining process to perform friction stirring to the butted portion by moving the stirring pin F2 of the rotary tool F at a predetermined depth along a set moving track W1 that is set on an inner side relative to the side face of the second metal member (fig. 3, [0064-0065]) in a state that the stirring pin of the rotary tool being rotated is inserted into the second metal member and that an outer circumferential face of the stirring pin is in contact with the first metal member with an offset amount N (fig. 8), where N is defined as a contact dimension of the outer circumferential face of the pin against the first metal member, N being in a range of 0 < N ≤ 0.5mm [0079], which falls within the claimed range of 0 < N ≤ 1.0mm,
wherein in the primary joining process, an ending position (Ep) is set on the metal member in a leaving section is provided (fig 14, [0102]), in which after friction stir welding is performed to the butted portion, the rotary tool is moved toward the ending position and is made to leave the first metal member at the ending position, wherein in the primary joining process, the friction stirring is performed to the butted portion while the stirring pin is rotated at a predetermined rotational speed [0102], and wherein the rotary tool is made to leave the first metal member in the leaving section (fig. 14). Examiner notes that terms “leaving section” & “ending position” are relatively broad and not limited by specific area/size or distance.
Hori does show an ending position set on the metal member at an outer side relative to the set moving track in a leaving section. However, such feature is known in the art. Analogous to Hori, Seo (also directed to manufacturing method using FSW) discloses friction stir joining of aluminum alloys comprising a butting process to form a butted portion by butting a side face of the first metal member 2 and a side face of the second metal member 3 (figs. 4, 8, 15), and a primary joining process to perform friction stirring to the butted portion by moving the stirring pin F2 of the rotary tool F at a predetermined depth along a set moving track L1 (figs. 4, 6), wherein the start position and an end position can be set appropriately (pg. 5). Seo teaches an end position EP set on the metal member at an outer side relative to the set moving track in a leaving section (figs. 8, 17), wherein the rotary tool is moved toward the end position and is made to leave the first metal member at the end position. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing date of the invention to provide a leaving section with an end position set on the metal member at an outer side relative to the set moving track in the method of Hori in order to cover necessary joint area and exit at outer position.
Hori does not mention gradually raising the stirring pin and decreasing a rotational speed of the stirring pin in the leaving section while moving toward the end position without stopping. However, gradual withdrawal without stopping and adjusting the rotational speed is known in the FSW art. Burton (also drawn to friction stir welding) discloses that an auto-adjustable pin tool for FSW has been known in prior art, which uses a computer-controlled motor to incrementally retract the pin away from the workpiece at the end of the weld to prevent keyholes, allowing the pin angle and length to adjust to changes in material thickness and result in smooth hole closure at the end of the weld (see Background- col. 1, line 64 thru col. 2, line 6). Burton teaches changing the rotational speed of the pin, including decreasing & stopping the rotation of the pin, while retracting the pin from the material at the end of the weld (fig. 5- step 49, fig. 6- step 61) to minimize the extracting hole and provide a smooth finish (col. 7, lines 43-52; col. 8, lines 30-39). Similarly, Trapp (also drawn to friction stir welding) teaches that FSW generally has only three process variables to control – rotational speed, travel speed and pressure/penetration (col. 2, lines 27-28) and it has been known to provide a retractable pin tool wherein an independent movable pin is gradually withdrawn from the weld, so as to eliminate the exit hole (col. 2, lines 56-60). In fig. 12, Trapp teaches the tool 100 being gradually retracted without stopping while moving towards an ending position (just like Applicant’s fig. 9 - see comparison below) in order to leave the weld free of an exit hole (col. 5, lines 20-25; end of claim 1- col. 14, lines 32-35): gradually retracting the portion of the rotating tool from the workpieces while traversing the joint so that the tool exits the workpieces at a predetermined exit point leaving a friction stir weld free of an exit hole.
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Given teachings of Burton & Trapp, artisan of ordinary skill would appreciate and understand that the tool rotational speed is a known adjustable variable at the end of the weld for achieving art-recognized result of minimizing or eliminating extraction hole/keyhole, and thus it is a result-effective variable; the manner of gradual withdrawal without stopping is shown by Trapp (fig. 12). Consequently, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to decrease the rotational speed of the stirring pin and gradually withdraw stirring pin without stopping in the leaving section in the method of Hori with a motivation to minimize or eliminate extraction hole/keyhole and provide a smooth finish. Additionally, examiner notes there is only a finite number of predictable options concerning the rotational speed while moving in the leaving section- 1) maintain same speed, 2) increase speed, or 3) decrease speed. The claim would have been obvious because a person of ordinary skill has good reason (minimize keyhole and provide smooth closure/finish) to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007) (See MPEP 2143- exemplary rationales).
As to claims 2-3, Hori discloses rotation speed of 5000-10000 rpm [0102, 0110], which meets the recited range. Hori as modified by of Burton & Trapp above encompasses decreasing the rotational speed in the leaving section.
As to claim 4, Seo discloses that the preparation step for forming the aluminum metal members 2-3 is not limited and includes techniques such as die casting or extrusion molding (pg. 2- last paragraph). Accordingly, it would have been obvious to one of ordinary skill in the art to utilize well-known die casting technique for forming the aluminum metal members in the method of Hori.
As to claim 5, Seo discloses that in the primary joining process, in another embodiment, a starting position is set on the set moving track L1 (fig. 10-14), and an insertion section is provided, in which before friction stir welding is performed to the butted portion, the stirring pin is inserted into the starting position and the rotary tool is lowered while being moved from the starting position (fig. 12), wherein friction stir welding is performed by moving the rotary tool such that before the rotary tool is made to leave the first metal member at the ending position, the stirring pin passes through the starting position (fig. 13). Therefore, one skilled in the art would have found it obvious select a particular starting or ending position based on the desired joining track and ease of friction stirring in the modified process of Hori.
As to claim 6, Seo discloses that in the primary joining process, in another embodiment, a starting position is set on the set moving track L1 (figs. 10-14), and an insertion section is provided, in which before friction stir welding is performed to the butted portion, the stirring pin is inserted into the starting position and the rotary tool is lowered while being moved from the starting position, wherein in the insertion section, the rotary tool is moved toward a middle point that is set on the set moving track and lowered to a predetermined depth (figs. 10-11). Seo discloses that in the insertion section, the rotational speed is gradually decreased to a lower speed V2 from a predetermined rotational speed V1 (pg. 6). Therefore, one of ordinary skill in the art would have found it obvious to reduce the rotational speed in the insertion section to reach a predetermined depth in the modified process of Hori.
As to claim 7, Seo discloses that in the primary joining process, in another embodiment, a starting position is set on the second metal member 3 at an inner side relative to the set moving track (fig. 8). This claim merely differs from claim 6 above in having a different starting position. In several embodiments, Seo teaches that both starting & ending positions can be set on either first or second metal member at outer side relative to the moving track, as well as on the moving track (figs. 4, 8, 10, 13, 15-19). Several positional variations are encompassed by teachings Seo and accordingly, one skilled in the art would have found it obvious select a particular starting or ending position based on the desired joining track and ease of friction stirring in the modified process of Hori.
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including ALL of the limitations of the base claim and any intervening claims.
Response to Amendment and Arguments
Applicant’s arguments with respect to amended claim 1 have been considered but are moot in light of new grounds of rejection set forth above. Current 103 rejection now including a new reference of Trapp (see fig. 12 above) addresses the matter challenged in the arguments. Applicant’s arguments with respect to claim 8 have been fully considered and are found persuasive in the recited specific scenario.
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.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVANG R PATEL whose telephone number is (571) 270-3636. The examiner can normally be reached on Monday-Friday 8am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached on 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVANG R PATEL/
Primary Examiner, AU 1735
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