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.
Claim(s) 2, 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iiroopa (JPS626888B2) in view of Niinomi (US 11,426,779).
4. Regarding to claim 2, Iiroopa discloses a method for manufacturing a metal component [Figure 28 in liroopa], the metal component comprising: a body portion (body portion of 212, as can be seen from Figure 28 in liroopa) that extends in an axial direction and has a cross section [Figure 28 in liroopa], which is perpendicular in the axial direction and includes an arc- shaped area [Figure 28 in Iiroopa]; and a flange (upper flange portion, as can be seen from Figure 28 in Iiroopa) that extends toward a radial outside from one end of the body portion in the axial direction [Figure 28 in Iiroopa], and the first axial end of the cylindrical body bent toward a radial outside so as to enlarge a diameter of the cylindrical body [as can be seen from Figure 28 in Iiroopa].
Iiroopa does not explicitly disclose the method steps of obtaining a cylindrical body by bending a plate material made of metal, the plate material having first and second longitudinal ends and the cylindrical body having first and second axial ends; wherein obtaining the cylindrical body comprises welding the first longitudinal end of the plate material and the second longitudinal end of the plate material, which are formed to face each other by bending the plate material. However, Niinomi further discloses a step of manufacturing a cylindrical body by bending a plate material made of metal (metal plate member 20), the plate material having first and second longitudinal ends and the cylindrical body having first and second axial ends wherein obtaining the cylindrical body comprises welding the first longitudinal end of the plate material and the second longitudinal end of the plate material, which are formed to face each other by bending the plate material [as can be seen from Figures 4-5 in Niinomi]. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Iiroopa to include steps of bending a plate material made of metal and welding, as taught by Niinomi, as a known technique used in manufacturing. Furthermore, the recited manufacturing steps are well known techniques used in manufacturing, which would yield predictable results.
The combination of Iiroopa and Niinomi discloses a cylindrical body having a first axial end of the cylindrical body bend towards a radial outside so as to enlarge a diameter of the cylindrical body, however does not explicitly disclose a step of bending and cutting out a specified area. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Iiroopa and Niinomi, to include a step of bending and cutting (such as cutting excess material after welding), as a well known technique used in manufacturing as subsequent finishing steps, which would yield predicable results.
Regarding to claim 3, the combination of liroopa and Niinomi disclose the method for manufacturing a metal component according to claim 2, having an area of the cylindrical body that is cut out and welded. However, the combination of Iiroopa and Niinomi does not explicitly disclose the area that is cut out and welded including the welded first and second longitudinal ends. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Iiroopa and Niinomi, to include a step of cutting, which would include the cutting/removal of excess material after welding at the first and second longitudinal ends, as a well-known technique used in manufacturing as a subsequent finishing step, which would yield predicable results.
6. Regarding to claim 6, the combination of Iiroopa and Niinomi disclose the method for manufacturing a metal component according to claim 2, being a metal component. However the combination of liroopa and Niinomi does not explicitly disclose the metal component being an exhaust system component that is arranged in a flow path for exhaust gas from an internal combustion engine. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the combination of Iiroopa and Niinomi, to be applied to an alternate workpiece, such as an exhaust pipe system workpiece, as a simple substitution of one known workpiece for another, which would yield predictable results.
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-3 and 5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
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/NIRVANA DEONAUTH/ Primary Examiner, Art Unit 3726