Prosecution Insights
Last updated: July 17, 2026
Application No. 18/706,708

METHOD FOR MANUFACTURING JOINED BODY

Non-Final OA §103
Filed
May 01, 2024
Priority
Nov 05, 2021 — JP 2021-180854 +1 more
Examiner
PATEL, DEVANG R
Art Unit
1735
Tech Center
1700 — Chemical & Materials Engineering
Assignee
NIPPON LIGHT METAL Company, Ltd.
OA Round
3 (Non-Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
670 granted / 1027 resolved
At TC average
Strong +39% interview lift
Without
With
+39.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
39 currently pending
Career history
1084
Total Applications
across all art units

Statute-Specific Performance

§103
90.0%
+50.0% vs TC avg
§102
3.6%
-36.4% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1027 resolved cases

Office Action

§103
DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/14/26 has been entered. 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”) & Enzaka et al. (US 8181843, “Enzaka”). 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). 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, minimizing any defects to the weld seam such as a keyhole. Hori does not mention gradually raising the stirring pin and decreasing a rotational speed of the stirring pin in the leaving section while moving to the end position. However, gradual withdrawal 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 (see Background- col. 1, line 64 thru col. 2, line 3). Additionally, 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 42-52; col. 8, lines 30-40). Similarly, Enzaka (also drawn to friction stir welding) teaches a rotary tool 8 (fig. 1) performing friction stirring to butted workpieces by moving the rotary tool along a predetermined track going through C1-C4 (figs. 5-6), wherein the rotational speed is decreased to a predetermined lower speed near the corner C4 before an end position F (col. 8, lines 9-15, 45-50). Given teachings of Burton & Enzaka, artisan of ordinary skill would appreciate and understand that the tool rotational speed is adjustable 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. 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 in the leaving section in the method of Hori with a motivation to minimize or eliminate extraction hole/keyhole and provide smooth finish. Additionally, one of ordinary skill in the art would also decrease the rotational speed of the stirring pin in the leaving section when exiting end position is at or near a corner, as suggested by Enzaka. 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 & Enzaka 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. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hori in view of Seo, Burton & Enzaka as applied to claim 1 above, and further in view of Vyas et al. (US 2004/0046003, “Vyas”). As to claim 8, Seo shows that in one embodiment, in the primary joining process, a starting position is set on the first metal member 2 at an outer side relative to the set moving track L1 (fig. 15), 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 (figs. 16-17). With respect to the rotational speed in the insertion section, there is only a finite number of predictable options: 1) maintaining constant speed, 2) decreasing the speed or 3) increasing the speed. Adjusting the variable of rotational speed is known in the FSW art. Vyas teaches method of friction stir welding with a variable speed pin (abstract), wherein the rotational speed of the pin can be adjusted to control generated frictional heat to plasticize the workpiece [0029]. The rotation speed is adjusted according to several patterns of variations characterized by sinusoidal wave, saw-toothed, rectangular or triangular stepped and the like; the speed can be decreased and increased according to predetermined schedule or a program stored in a memory of the controller 50 (fig. 2, [0008-0009] [0030-0031]). Given teachings of Vyas, artisan of ordinary skill would appreciate and understand that the tool rotational speed is a variable for achieving art-recognized results of controlling frictional heat, and thus it is a result-effective variable. Consequently, artisan naturally desires to adjust the rotational speed of the rotary tool in order to control frictional heat and minimize defects. The claim would have been obvious because a person of ordinary skill has good reason (to control frictional heat) to pursue the known options (constant speed, decrease speed, or increase speed) 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). Response to Amendment and Arguments Applicant’s arguments with respect to amended claim(s) 1-8 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 Burton addresses the matter challenged in the arguments. 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. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at https://www.uspto.gov/patents/laws/interview-practice. Communications via Internet email are at the discretion of Applicant. If Applicant wishes to communicate via email, a written authorization form must be filed by Applicant: Form PTO/SB/439, available at www.uspto.gov/patent/patents-forms. The form may be filed via the Patent Center and can be found using the document description Internet Communications, see https://www.uspto.gov/patents/apply/forms. In limited circumstances, the Applicant may make an oral authorization for Internet communication. See MPEP § 502.03. 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. Information regarding the status of an application may be obtained from the Patent Center. For more information, see https://patentcenter.uspto.gov. For questions, technical issues or troubleshooting, please contact the Patent Electronic Business Center at ebc@uspto.gov or 1-866-217-9197 (toll-free). /DEVANG R PATEL/ Primary Examiner, AU 1735
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Prosecution Timeline

May 01, 2024
Application Filed
Jun 02, 2025
Non-Final Rejection mailed — §103
Aug 28, 2025
Response Filed
Oct 16, 2025
Final Rejection mailed — §103
Jan 14, 2026
Request for Continued Examination
Jan 16, 2026
Response after Non-Final Action
Apr 21, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+39.4%)
2y 10m (~8m remaining)
Median Time to Grant
High
PTA Risk
Based on 1027 resolved cases by this examiner. Grant probability derived from career allowance rate.

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