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 § 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 1-10 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 1 recites the limitation "the second portion opposite the first portion" in line 9. There is insufficient antecedent basis for this limitation in the claim. There is no first portion or second portion previously claimed. Is this referring to the first and second position? The Examiner requests that the Applicant please clarify.
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wan et al. (CN112658460A).
Regarding claim 1, Wan discloses a friction stir additive welding device configured to join a first work-piece and a second work-piece, the device comprising: a nosecone comprising a channel (opening for pin 4-1, figure 3) extending along a central axis of the nosecone to a first end of the nosecone and a curved recess 1 extending from a first position along a perimeter of the channel; and a slot 2 comprising a passageway between a slot entrance in an outer sidewall of the nosecone and a slot exit in the channel of the nosecone (figure 2), the slot exit intersecting a second position along the perimeter of the channel, the second portion opposite the first portion (figures 1-3).
Since the slot goes from the exterior of the nosecone to the interior of the channel, it is the Examiner’s position that the slot is capble of being able to to receive a portion of a structure positioned between the first work-piece and the second work-piece at the slot entrance and through the slot exit toward the screw as the nosecone advances across a top surface of the first work-piece and a top surface of the second work-piece.
Wan does not specifically disclose a screw configured to rotate within the channel for the current invention, but does disclose that pins with screw threads are used in friction stir additive manufacturing (see background). To one skilled in the art at the time of the invention it would have been obvious to use a screw thread as these are well-known in the art and are used to help mix the plasticized material during processing.
Regarding claim 2, the limitation “the structure is a stiffener is material worked upon and does not further limit the apparatus.
Regarding claim 3, Wan discloses that the first end of the nosecone comprises a first surface (shown below) angled relative to the first work-piece and the second work-piece when the central axis of the nosecone is oriented perpendicular to surfaces of the first work-piece and the second work-piece (figure 3).
Regarding claim 4, Wan discloses that the first end of the nosecone comprises a second surface (shown below) parallel to the first work-piece and the second work-piece (to the thickness of the workpieces) when the central axis of the nosecone is oriented perpendicular to surfaces of the first work-piece and the second work-piece.
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Regarding claim 5, Wan discloses a portion of the curved recess is formed in the second surface (see above).
Regarding claim 6, Wan discloses a portion of the curved recess is formed in the first surface (see above).
Regarding claim 7, Wan discloses that the slot comprises a width that decreases as the slot extends between the slot entrance in the outer sidewall of the nosecone and the slot exit in the channel of the nosecone. As can be seen in the bottom portion of the slot in figure 1, there is a narrowing of the slot due to the conical shape of the outer surface of the nosecone. Therefore, there is a width that decreases as it extends between the entrance and exit.
Regarding claim 8, since “portion” is not defined, any area can be considered a first portion and a second portion. Therefore, there are areas on the slot that are narrowing (see bottom of slot in figure 1). Therefore, the claim limitation is met.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wan et al. (CN112658460A) as applied to claims 1 above, and further in view of Burford (2016/0008918A1).
Regarding claim 10, Wan discloses a screw with a thread, but does not specifically disclose that the screw comprises a plurality of threads. However, Burford discloses a friction stir tool with a probe/tool that includes multiple threads (figure 16, paragraph 0096). To one skilled in the art at the time of the invention it would have been obvious to have multiple threads as Burford discloses that the multiple threads results in the weld material traveling at a greater average speed toward the distal end of the probe and limits flaws during the welding process (paragraph 0096). Since Burford discloses a plurality of threads it is the Examiner’s position that the threads are configured to break apart and plasticize the portion of the structure as the nosecone is advanced along a weld line between the first work-piece and the second work-piece.
Allowable Subject Matter
Claim 9 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. Prior art was not found that taught or suggested wherein the slot is configured to reduce motion of the nosecone perpendicular to a direction the nosecone advances along a weld line between the first work-piece and the second work-piece.
Claims 11-15 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: prior art was not found that taught or suggested a friction stir additive welding device configured to join a first work-piece and a second work-piece comprising: a nosecone; a channel extending along a central axis of the nosecone, the channel configured to receive a rotating screw; and a slot comprising a first opening in an outer sidewall of the nosecone, a second opening in a wall of the channel of the nosecone, and a passageway through the nosecone between the first opening and the second opening, the slot configured to receive a portion of a stiffener positioned between the first work-piece and the second work-piece, the slot configured to reduce side-to-side motion of the nosecone when the stiffener is received in the slot and as the nosecone is advanced along a weld line between the first work-piece and the second work-piece.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 10 have been considered but are moot because the new ground of rejection provided above.
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.
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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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