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 .
Drawings
The drawings are objected to because the “letter U shape” in the drawings is not shown. The current specification states that figure 8 shows U-shape in P1 (paragraph 0061); however, the Examiner does not see a U-shape at P1. The new drawing from 2/9/2026 still does not show a letter U shape. There is no curve of a U to create this U shape. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 7 is 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 7 is indefinite because it is unclear how the first spiral groove portion is disposed in an inner region having a letter U shape defined by the first chamfered portion, the first planar inclined face, and the second chamfered portion. The Applicant provided a new figure with P1 indicating the U shape; however; there is nothing resembling a “U”. The Examiner does not understand how these portions, face and spiral groove portion make a letter U shape. The Examiner requests that the Applicant to please further clarify.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-8, 10 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Stol et al. (2008/0217377A1).
Regarding claim 1, Stol discloses a friction stir welding tool comprising: a rotation axis around which the friction stir welding tool is configured to be rotated in a rotation direction (paragraph 0017); one end and another end opposite to the one end along the rotation axis; a shoulder 40 having the one end which is configured to be in contact with a workpiece; and a probe 30 provided at the one end to protrude from the one end to a tip end of the probe along the rotation axis (figure 1a-j, 2c) and comprising: an outer circumferential surface around the rotation axis; a chamfered/bare portion 34 of located in the base portion 37 (figure 1h) provided on the outer circumferential surface; a spiral groove 32 portion provided on the outer circumferential surface, the spiral groove portion and the chamfered portion being alternately provided in a circumferential direction around the rotation axis (figures 1a-1j) the spiral groove portion comprising: a plurality of grooves provided spirally around the rotation axis such that the plurality of grooves approaches the one end along the rotation direction, and a planar inclined face (bare portion 34 located in the planar inclined portion 31 (figure 1h) provided on an end face of the tip end of the probe, the planar inclined face being continuous with the chamfered portion and approaching the one end in the rotation direction (paragraph 0015, figures 1a-j, 2c)
Regarding claim 2, Stol discloses that the end face of the tip end of the probe includes a central surface through which the rotation axis passes (figure 2c).
Regarding claims 4-6, stol discloses that the chamfered portion comprises a first chamfered portion (portion of the chamfered/bare portion 34 in the base portion 37), and a second chamfered portion (portion of the chamfered/bare portions 34 in the base portion 37) in the base portion 37) (figure 1h), wherein the planar inclined face (chamfered/bare portion 34 in the tip portion 31, figure 1h) comprises a first planar inclined face (one of the bare portions 34 in the base portion 37), and wherein a first end portion of the first planar inclined face is continuous with the first chamfered portion (shown below), and a second end portion of the first planar inclined face is continuous with the second chamfered portion (shown below).
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Regarding claim 7, Stol discloses that the spiral groove portion comprises a first spiral groove portion, and wherein in a side view, the first spiral groove portion is disposed in an inner region having a letter U shape defined by the first chamfered portion, the first planar inclined portion, and the second chamfered portion. Since it is still unclear where the U shape portion is actually located and the figures still do not clearly show an “U” shape, anything that resembles a U shape would read on the claim limitation. Please see 112 rejection above regarding the U shape.
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Regarding claim 8, Stol discloses that the planar inclined portion (chamfered/bare portion 34 located in the tip portion 31) has an inclination angle equal to or greater than 1 degree and equal to and smaller than 30 degrees with respect to a plane perpendicular to the rotation axis (figures 1h).
Regarding claim 10, Stol discloses that at least one circumferential groove is provided on the one end such that a distance between the rotation axis and the at least one circumferential groove increases along the rotation direction (figures 1a-j, paragraphs 0015-0017).
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stol et al. (2008/0217377A1) in view of Takeoka et al. (2021/0339337A1).
Regarding claim 13, Stol discloses a friction stir welding tool comprising: a rotation axis around which the friction stir welding tool is configured to be rotated in a rotation direction (paragraph 0017); one end and another end opposite to the one end along the rotation axis; a shoulder 40 having the one end which is configured to be in contact with a workpiece; and a probe 30 provided at the one end to protrude from the one end to a tip end of the probe along the rotation axis (figure 1a-j, 2c) and comprising: an outer circumferential surface around the rotation axis; a chamfered/bare portion 34 of located in the base portion 37 (figure 1h) provided on the outer circumferential surface; a spiral groove 32 portion provided on the outer circumferential surface, the spiral groove portion and the chamfered portion being alternately provided in a circumferential direction around the rotation axis (figures 1a-1j) the spiral groove portion comprising: a plurality of grooves provided spirally around the rotation axis such that the plurality of grooves approaches the one end along the rotation direction, and a planar inclined face (bare portion 34 located in the planar inclined portion 31 (figure 1h) provided on an end face of the tip end of the probe, the planar inclined face being continuous with the chamfered portion and approaching the one end in the rotation direction (paragraph 0015, figures 1a-j, 2c)
Stol does not specifically disclose a workpiece support configured to support a workpiece; a tool holder configured to hold the friction stir welding tool; a first drive configured to move the tool holder relative to the workpiece support; a second drive configured to rotate the friction stir welding tool about a rotation axis in a rotation direction; and a controller configured to control the first drive and the second drive. However, Takeoka discloses a friction stir welding tool with a workpiece support 6 configured to support a workpiece; a tool holder 5 configured to hold the friction stir welding tool; a first drive 7 configured to move the tool holder relative to the workpiece support; a second drive 8 configured to rotate the friction stir welding tool about a rotation axis in a rotation direction (abstract, paragraphs 0038-0039); and a controller 110 configured to control the first drive and the second drive (paragraphs 0041-0048). To one skilled in the art at the time of the invention it would have been obvious to have a workpiece support to hold the workpiece in place to prevent movement or misalignment during welding. It also would have been obvious to have the first and second drive and controller in order for the user to ensure that the friction stir welding tool performs the correct weld on the workpieces. It would allow the correct rotation speed and the correct depth to be used to prevent an incomplete weld.
Allowable Subject Matter
Claims 3, 9, 11 and 12 are 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. Prior art was not found that taught or suggested wherein the planar inclined face is connected to an outer edge portion of the central surface via a stepped face, or wherein an outer side edge of the planar inclined face overlaps the spiral groove portion when viewed along the rotation axis, and a distance between an inner side edge of the planar inclined face and the rotation axis is shorter than a distance between an innermost edge of the spiral groove portion and the rotation axis, or wherein the planar inclined face includes a first planar inclined face, a second planar inclined face and a third planar inclined face, wherein the end face of the tip end of the probe includes the central surface, the first planar inclined face, the second planar inclined face, and the third planar inclined face, the end face of the tip end of the probe having a substantially triangular shape when viewed along the rotation axis, wherein the central surface has a substantially hexagonal shape when viewed along the rotation axis, wherein three sides of the substantially hexagonal shape respectively define boundaries between the central surface and three planar inclined faces of the planar inclined face including the first planar inclined face, the second planar inclined face and the third planar inclined face when viewed along the rotation axis, and wherein another three sides of the substantially hexagonal shape respectively define boundaries between the central surface and three chamfered portions when viewed along the rotation axis, or wherein the probe further includes a second chamfered portion and a third chamfered portion, wherein the planar inclined face comprises a first planar inclined face, wherein the tip end of the probe comprises a central surface through which the rotation axis passes, and a first stepped face that connects the first planar inclined face and the central surface, and wherein the first stepped face is in contact with the first planar inclined face, the central surface, the first chamfered portion, and the second chamfered portion.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-8, 10 and 13 have been considered but are moot because the new ground of rejection provided above.
The Examiner maintains that the letter U shape is still not shown in the figures. There is nothing in the figures that has a curve like a U. Based on the new figure and the Applicant’s explanation, a 112 rejection has been provided requiring further clarification.
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 ERIN B SAAD whose telephone number is (571)270-3634. The examiner can normally be reached Monday-Thursday 7:30a-6p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 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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/ERIN B SAAD/Primary Examiner, Art Unit 1735
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