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) 1-11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shindo et al. (2020/0001143) in view of Miyazaki et al. (2019/0048175). Claim 1, Shindo discloses a rubber composition for golf balls, comprising (a) a base rubber, (b) a co-crosslinking agent which is an alpha, beta unsaturated carboxylic acid or a metal salt thereof or both, (c) an organic peroxide (crosslinking initiator), and (d) an alcohol (abstract). Shindo further discloses at least 0.1 parts of a hindered phenol-type antioxidant based on 100 parts rubber [0054]. Shindo does not disclose the antioxidant having a thioether structure. Miyazaki teaches a rubber composition comprising antioxidants such as Antage HP-500 and Irganox 1520L [0065], which are identical to applicant’s antioxidant with a thioether structure, see instant spec [0050]. One of ordinary skill in the art would include the antioxidant comprising a thioether structure for the desired durability. Claims 2-5, Miyazaki teaches a rubber composition comprising antioxidants such as Antage HP-500 and Irganox 1520L [0065], which are identical to applicant’s antioxidant with a thioether structure, see instant spec [0050]. The properties will also be identical. Claim 6, Shindo discloses component (d) is a lower alcohol having a molecular weight of less than 500 [0043]. Claim 7, Shindo discloses component (d) is a lower alcohol having a molecular weight of less than 200 [0043]. Claim 8, Shindo discloses component (d) is a monohydric alcohol, a dihydric alcohol or a trihydric alcohol [0043]. Claim 9, Shindo discloses component (d) is butanol, glycerol, ethylene glycol, diethylene glycol, propylene glycol, dipropylene glycol, or tripropylene glycol [0043]. Claim 10, Shindo discloses an antioxidant which is a benzoimidazole of general formula (II) (see claim) or a metal salt thereof or both. R is a hydrogen atom or a hydrocarbon group of 1 to 20 carbon atoms and m is an integer from 1 to 4, with each R being the same or different when m is 2 or more [0046-0047]. Claim 11, Shindo discloses the antioxidant is selected from the group consisting of 2-mercaptobenzoimidazole, 2-mercaptomethylbenzoimidazole, and metal salts thereof [0047]. Claim 19, Shindo further discloses at least 0.1 parts of a hindered phenol-type antioxidant based on 100 parts rubber [0054]. One of ordinary skill in the art would include the antioxidant comprising a thioether structure for the desired durability.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shindo et al. (2020/0001143) in view of Miyazaki et al. (2019/0048175), and further in view of Shindo et al. (2021/0379450). Claim 12, Shindo in view of Miyazaki does not disclose (g) a sulfur or alkylphenoldisulfide. Shindo ‘450 teaches a rubber composition comprising a sulfur or an organosulfur which is alkylphenoldisulfide polymers represented by the general formula (III) (see claim). R is an alkyl group and n is the degree of polymerization in a range of 2 to 20 [0065, 0067]. One of ordinary skill in the art would have included an additional organosulfur for enhanced processing. Claim 13, Shindo ‘450 teaches R in the general formula (III) is an lower alkyl group of 1 to 6 carbon atoms selected from the group consisting of methyl, ethyl, n-propyl,iso-propyl, n-butyl, tert-butyl, n-amyl (pentyl), iso-amyl (pentyl), tert-amyl (pentyl), sec- isoamyl, neopentyl, n-hexyl, iso-hexyl, tert-hexyl groups [0065]. Claim 14, Shindo ‘450 teaches amylphenoldisulfide polymers. Claim 15, Shindo ‘143 discloses an organosulfur differing from component (g) [0051]. One of ordinary skill in the art would have included an additional organosulfur for enhanced processing.
Response to Arguments
Applicant's arguments filed 5/20/2026 have been fully considered but they are not persuasive. Applicant argues one of ordinary skill in the art would not have modified Shindo in view of Miyazaki because of the difference in terms of rubber crosslinking systems. Shindo is directed to a peroxide crosslinking system while Miyazaki is directed to a sulfur crosslinking system. However, antioxidants are known for providing durability such as crack prevention. The crosslinking system would not prevent one from searching across the rubber art for antioxidants.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/RAEANN GORDEN/Primary Examiner, Art Unit 3711
August 16, 2026
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