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 8-9 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 8 is indefinite because there is a plurality of steps in claim 3. Claim 8 only refers to one step. Which step of the plurality of steps has the height difference? The Examiner requests that the Applicant please clarify.
Claim 9 is indefinite because there is a plurality of steps in claim 4. Claim 9 only refers to one step. Which step of the plurality of steps has the height difference? 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, 2, 6 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (2021/0331421A1) in view of Rosal et al. (2019/0151982).
Regarding claim 1, Okada discloses a friction stir spot welding tool, comprising: a cylindrical pin 11 that rotates about an axis; a shoulder 12 having a hollow portion into which the pin is inserted; and a driving unit 53 that performs driving of press-fitting the pin into a joining object while rotating the pin and driving of retracting the shoulder with respect to the joining object (figures 1-4, paragraphs 0028-0103).
Okada is silent to a step-shaped portion forming a step in a rotation direction of the pin is provided on at least a part of a tip surface of the pin. However, Rosal discloses a friction stir pin 912 with a step-shaped portion 966 forming a step in a rotation direction of the pin is provided on at least a part of a tip surface of the pin (figure 9, paragraph 0052). To one skilled in the art at the time of the invention it would have been obvious to have a step-shaped portion as taught in Rosal because Rosal states that engages with and moves a greater amount of workpiece material than a conventional tool (paragraph 0032). This would help ensure that the workpiece material is properly joined.
Regarding claim 2, Rosal discloses that the step of the step-shaped portion is a radial step extending in a radial direction from a center point of the tip surface to an outer peripheral edge (figure 9).
Regarding claim 6, the limitation “wherein the step of the step-shaped portion is a step formed by cutting out a part of an outer peripheral edge of the tip surface” is product by process and does not further limit the apparatus.
Claim(s) 1-9 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (2021/0331421A1) in view of Rosal et al. (2019/0151982).
This is an alternate rejection using the same art, but different embodiment
Regarding claim 1, Okada discloses a friction stir spot welding tool, comprising: a cylindrical pin 11 that rotates about an axis; a shoulder 12 having a hollow portion into which the pin is inserted; and a driving unit 53 that performs driving of press-fitting the pin into a joining object while rotating the pin and driving of retracting the shoulder with respect to the joining object (figures 1-4, paragraphs 0028-0103).
Okada is silent to a step-shaped portion forming a step in a rotation direction of the pin is provided on at least a part of a tip surface of the pin. However, Rosal discloses a friction stir pin 1012 with a step-shaped portion forming a step (two extending portions are steps) in a rotation direction of the pin is provided on at least a part of a tip surface of the pin (figure 10, paragraph 0054). To one skilled in the art at the time of the invention it would have been obvious to have a step-shaped portion as taught in Rosal because Rosal states that engages with and moves a greater amount of workpiece material than a conventional tool (paragraph 0032). This would help ensure that the workpiece material is properly joined.
Regarding claim 2, Rosal discloses that the step of the step-shaped portion is a radial step extending in a radial direction from a center point of the tip surface to an outer peripheral edge (figure 10).
Regarding claim 3, Rosal discloses a plurality of the radial steps (two steps, figure 10) are arranged in a circumferential direction of the tip surface of the pin (figure 10).
Regarding claim 4, Rosal discloses that the plurality of radial steps are arranged at equal intervals in a circumferential direction of the tip surface (paragraph 0054, figure 10).
Regarding claim 5, Rosal discloses a maximum height difference of the step of the step-shaped portion is set in a range from 1% to 10% of a diameter of the pin (paragraph 0037).
Regarding claim 6, the limitation “wherein the step of the step-shaped portion is a step formed by cutting out a part of an outer peripheral edge of the tip surface” is product by process and does not further limit the apparatus.
Regarding claim 7, Rosal discloses a maximum height difference of the step of the step-shaped portion is set in a range from 1% to 10% of a diameter of the pin (paragraph 0037).
Regarding claim 8, Rosal discloses a maximum height difference of the step of the step-shaped portion is set in a range from 1% to 10% of a diameter of the pin (paragraph 0037).
Regarding claim 9, Rosal discloses a maximum height difference of the step of the step-shaped portion is set in a range from 1% to 10% of a diameter of the pin (paragraph 0037).
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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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
