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 .
Election/Restrictions
The restriction 10/3/2025 is withdrawn. The Applicant’s arguments were persuasive. The Examiner misunderstood the translation of the foreign reference used in the restriction. The prior art did not teach relatively moving the pin with respect to the shoulder in a state where the oil agent is held in the interlayer; and relatively moving the pin with respect to the shoulder so that the oil agent is discharged from the interlayer to outside through a tip opening of the hollow part.
Claim Objections
Claim 1 is objected to because of the following informalities: “first operation control” should be --a first operation control-- (line 7). Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “second operation control” should be --a second operation control-- (line 9). Appropriate correction is required.
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 3-8, 10-12 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 3 states “an outer peripheral surface” in line 3. Is this the same outer peripheral surface from claim 1 or is this a different outer peripheral surface? For the purpose of examination, it will be the same outer peripheral surface.
Claim 3 states “an inner peripheral surface” in line 4. Is this the same inner peripheral surface from claim 1 or is this a different inner peripheral surface? For the purpose of examination, it will be the same inner peripheral surface.
Claim 4 states “an outer peripheral surface” in line 4. Is this the same outer peripheral surface from claim 1 or is this a different outer peripheral surface? For the purpose of examination, it will be the same outer peripheral surface.
Claim 4 states “an inner peripheral surface” in line 5. Is this the same inner peripheral surface from claim 1 or is this a different inner peripheral surface? For the purpose of examination, it will be the same inner peripheral surface.
Claim 4 states “an oil agent” in line 10. Is this the same oil agent from claim 1 and earlier in claim 4, or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 6 states “an oil agent” in line 2. Is this the same oil agent from claim 4 or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 6 states “an oil agent” in line 6. Is this the same oil agent from claim 4 and earlier in claim 6, or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 8 is indefinite because it is unclear what is meant by “an elastic oil containing member”. Is the oil elastic or is the member elastic? Are both elastic? The Examiner is unsure which part of the limitation is elastic and requests that the Applicant please clarify.
Claim 8 states “an oil agent” in line 2. Is this the same oil agent from claim 1 or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 10 states “an oil agent” in line 2. Is this the same oil agent from claim 1 or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 10 states “an oil agent” in line 5. Is this the same oil agent from claim 1 and earlier in claim 10 or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 11 states “an oil agent” in line 2. Is this the same oil agent from claim 1 or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 11 states “an oil agent” in line 6. Is this the same oil agent from claim 1 and earlier in claim 11 or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 12 is indefinite because it is unclear what is meant by “an elastic oil containing member”. Is the oil elastic or is the member elastic? Are both elastic? The Examiner is unsure which part of the limitation is elastic and requests that the Applicant please clarify.
Claim 12 states “an oil agent” in line 2. Is this the same oil agent from claim 1 or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Claim 12 states “an oil agent” in line 6. Is this the same oil agent from claim 1 or is this a different oil agent? For the purpose of examination, it will be the same oil agent.
Allowable Subject Matter
Claims 1-2 and 9 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, prior art was not found that taught or suggested the apparatus as claimed that included a control unit that executes first operation control of relatively moving the pin with respect to the shoulder in a state where the oil agent is held in the interlayer; and second operation control of relatively moving the pin with respect to the shoulder so that the oil agent is discharged from the interlayer to outside through a tip opening of the hollow part. Regarding claim 9, prior art was not found that taught or suggested the method as claimed that included an oil agent interposed in an interlayer between an outer peripheral surface of the pin and an inner peripheral surface of the shoulder and relatively moving the pin with respect to the shoulder in a state where the oil agent is held in the interlayer when friction-stir welding is performed; and relatively moving the pin with respect to the shoulder so that the oil agent is discharged from the interlayer to outside through a tip opening of the hollow part when the oil agent is discharged from the interlayer.
Claims 3-8, 10-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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.
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/ERIN B SAAD/Primary Examiner, Art Unit 1735