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) 1, 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyawaki et al. (2022/0314362A1) in view of Litwinski (6,780,525).
Miyawaki discloses a stir-welding device, comprising a welding head having a rotatable or oscillatable stirring pin 18 and an outer sleeve 15 surrounding the stirring pin, wherein there is provided a reservoir 25c for receiving material displaced by the stirring pin between the outer sleeve and the stirring pin, (figure 6, paragraphs 0068-0076).
Miyawaki does not specifically disclose that the friction stir welding device further comprises a heating device for the direct heating of the stirring pin. However, Litwinski discloses a stir welding tool that has a heating device 41 for the direct heating of the stirring pin, wherein the heating device comprises a heating cartridge 41 arranged in the stirring pin (column 10 line 10-column 11 line 20, figure 6B). To one skilled in the art at the time of the invention it would have been obvious to use a heater as taught by Litwinski because it converts cold working into hot working during the welding process so that no residual strain occurs in the weld joint (column 9 lines 25-32).
The limitation for producing a spot-shaped or linear weld joint between a plastic plate or a plastic moulding and a metal or plastic substrate is intended use and does not further limit the apparatus. With that being said, since Miyawaki discloses friction stir welding, it is the Examiner’s position that Miyawaki is capable of performing the claimed function.
Regarding claim 4, there are two ways to control a stir-welding apparatus-manually or with a control. Therefore, it is the Examiner’s position that the stir-welding apparatus of Miyawaki would have to be either a manually operable or controlled linear feed for the linear movement of the welding head during the welding process.
Regarding claim 5, Miyawaki discloses that the welding head, preferably the outer sleeve, has a through-opening (the opening on the base of the sleeve 21 that leads to the reservoir 25c) leading to the reservoir 25c for an external material supply or for material discharge (figure 6).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyawaki et al. (2022/0314362A1) in view of Litwinski (6,780,525) as applied to claim 1 above, and further in view of Rosal et al. (2010/0068832A1).
Regarding claim 6, Miyawaki does not specifically state a coupling that selectively couples the stirring pin with the outer sleeve and/or the reservoir sleeve for the transmission of torque. However, Rosal discloses a sleeve/collar that is coupled to stir-welding tool/pin (paragraph 0030). To one skilled in the art at the time of the invention it would have been obvious for the sleeve to be coupled to the stir-welding pin in order to keep the apparatus together and in one piece. It would prevent movement or misalignment of the tool during the welding process.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyawaki et al. (2022/0314362A1) in view of Litwinski (6,780,525) as applied to claim 1 above, and further in view of Nakada et al. (JP2006025077A).
Regarding claim 7, Miyawaki does not specifically disclose that the stirring pin has a section facing the plastic plate or plastic moulding, at least a part of which is formed as a conveyor screw. However, Nakada discloses a stir-welding pin 3 with a spiral groove 7 (figure 1, paragraphs 0005-0015). To one skilled in the art at the time of the invention it would have been obvious to have a spiral groove/conveyor screw to help direct the flow of the plasticized material in a desirable direction during the welding process (paragraphs 0005-0015).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Werz et al. (2017/0312850A1) in view of Litwinski (6,780,525) and Rosal et al. (2010/0068832A1).
Regarding claim 11, Werz discloses a stir-welding device, comprising a welding head having a rotatable or oscillatable stirring pin 22 and an outer sleeve 16 surrounding the stirring pin, wherein there is provided a reservoir (wavy gaps shown in figure 2) for receiving material displaced by the stirring pin between the outer sleeve and the stirring pin, and wherein the outer sleeve has a through- opening 30 leading to the reservoir for an external material supply (figures 1-2, paragraphs 0095-0113, 0116-0118).
Werz does not specifically disclose wherein the stir-welding device further comprises a heating device for the direct heating of the stirring pin. However, Litwinski discloses a stir welding tool that has a heating device 41 for the direct heating of the stirring pin, wherein the heating device comprises a heating cartridge 41 arranged in the stirring pin (column 10 line 10-column 11 line 20, figure 6B). To one skilled in the art at the time of the invention it would have been obvious to use a heater as taught by Litwinski because it converts cold working into hot working during the joining process so that no residual strain occurs in the weld joint (column 9 lines 25-32)
The limitation for producing a spot-shaped or linear weld joint between a plastic plate or a plastic moulding and a metal or plastic substrate is intended use and does not further limit the apparatus. With that being said, since Werz discloses friction stir joining, it is the Examiner’s position that Werz is capable of performing the claimed function.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyawaki et al. (2022/0314362A1) in view of Litwinski (6,780,525) and Rosal et al. (2010/0068832A1).
Regarding claim 12, Miyawaki discloses a stir-welding device, comprising a welding head having a rotatable or oscillatable stirring pin 18 and an outer sleeve 15 surrounding the stirring pin, wherein there is provided a reservoir 25c for receiving material displaced by the stirring pin between the outer sleeve and the stirring pin, (figure 6, paragraphs 0068-0076).
Miyawaki does not specifically disclose wherein the stir-welding device further comprises a heating device for the direct heating of the stirring pin. However, Litwinski discloses a stir welding tool that has a heating device 41 for the direct heating of the stirring pin (column 10 line 10-column 11 line 20, figure 6B). To one skilled in the art at the time of the invention it would have been obvious to use a heater as taught by Litwinski because it converts cold working into hot working during the welding process so that no residual strain occurs in the weld joint (column 9 lines 25-32).
Miyawaki does not specifically state a coupling that selectively couples the stirring pin with the outer sleeve and/or the reservoir sleeve for the transmission of torque. However, Rosal discloses a sleeve/collar that is coupled to stir-welding tool/pin (paragraph 0030). To one skilled in the art at the time of the invention it would have been obvious for the sleeve to be coupled to the stir-welding pin in order to keep the apparatus together and in one piece. It would prevent movement or misalignment of the tool during the welding process.
The limitation for producing a spot-shaped or linear weld joint between a plastic plate or a plastic moulding and a metal or plastic substrate is intended use and does not further limit the apparatus. With that being said, since Miyawaki discloses friction stir welding, it is the Examiner’s position that Miyawaki is capable of performing the claimed function.
Allowable Subject Matter
Claim 2 is 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 heating cartridge is in contact with an energy source arranged outside the stirring pin via sliding contacts guided through or above the outer sleeve to contact ring-shaped contact points on the stirring pin.
Response to Arguments
Applicant’s arguments, see Applicant Arguments, filed 6/10/2026, with respect to 103a have been fully considered and are persuasive. The previous 103a rejection of claims 1-2, 4-7 has been withdrawn. A new Non-Final rejection is provided above.
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.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIN B SAAD/Primary Examiner, Art Unit 1735
Prosecution Insights