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.
Regarding independent claims 1, 9 and 17, the term “substantially interspersed” (emphasis added) is a relative term which renders the claim indefinite. The term “substantially interspersed” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims 2-8, 10-16 and 18-23 are rejected under this provision at least based on their respective dependency on claims 1, 9 and 17.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murphy (US 5,427,378).
Regarding claim 1, as best understood by Examiner, Murphy discloses a cover for a golf ball comprising: a first material (generally 3 or collective 3,P); and a plurality of particulates of a second material (generally 5) substantially interspersed within the first material 3 (see at least Fig. 1C); wherein the first material 3 and the second material 5 together form a homogenous layer at least partially surrounding and coupled to a core C of a golf ball (see Figure 1C in particular and generally Figures 1A-1C and 1-6 and col. 3, line 46 through col. 5, line 50).
Regarding claim 2, Murphy discloses the limitations of claim 1, and further discloses wherein one or more of the plurality of particulates 5 is at least partially visible within the first material 3 (see at least Figures 1C and 1-6).
Regarding claim 3, Murphy discloses the limitations of claim 1, and further discloses, wherein a first one or more of the plurality of particulates 5 is more visible within the first material than a second one or more of the plurality of particulates 5 (see at least col. 4, lines 26-45 which teaches that varying sizes/shapes of particulates 5 may be used thus varying the visibility).
Regarding claim 4, Murphy discloses the limitations of claim 1, and further discloses wherein the first material 3 differs in color from the second material 5 (see at least col. 3, lines 58-62 and col. 4, line 64 through col. 5, line 4).
Regarding claim 5, Murphy discloses the limitations of claim 4, and further discloses wherein the first material is white in color and the second material is non-white in color (see at least col. 3, lines 58-62 and col. 4, line 64 through col. 5, line 4).
Regarding claim 6, Murphy discloses the limitations of claim 1, and further discloses wherein the first material is made from ionomer resin (see at least col. 3, lines 24-26 and 55-56 and claim 12).
Regarding claim 7, Murphy discloses the limitations of claim 1, and further discloses wherein the second material 5 is not made from ionomer resin (see at least col. 4, line 64 through col. 5, line 4).
Regarding claim 8, Murphy discloses the limitations of claim 1, and further discloses wherein the cover 3 is at least partially visible through an outer coating (generally clear primer coat F) (see at least Figs. 1A-6).
Regarding claim 9, Murphy discloses a golf ball comprising: a core C; a cover at least partially surrounding the core, the cover comprising: a first material (generally 3 or collective 3,P); and a plurality of particulates of a second material (generally 5) substantially interspersed within the first material 3 (see at least Fig. 1C); one or more of the plurality of particulates 5 at least partially visible within the first material 3; and an outer coating (generally clear primer coat F) at least partially surrounding the cover (see Figure 1C in particular and generally Figures 1A-1C and 1-6 and col. 3, line 46 through col. 5, line 50).
Regarding claim 10, Murphy discloses the limitations of claim 9, and further discloses wherein the outer coating F comprises a third material comprising a clear coat (see at least col. 4, lines 2-12).
Regarding claim 11, Murphy discloses the limitations of claim 9, and further discloses wherein the cover 3 is visible through the outer coating F (see at least Figures 1-6).
Regarding claim 12, Murphy discloses the limitations of claim 9, and further discloses wherein the first material 3 differs in color from the second material 5 (see at least col. 3, lines 58-62 and col. 4, line 64 through col. 5, line 4).
Regarding claim 13, Murphy discloses the limitations of claim 12, and further discloses wherein the first material is white in color and the second material is non-white in color (see at least col. 3, lines 58-62 and col. 4, line 64 through col. 5, line 4).
Regarding claim 14, Murphy discloses the limitations of claim 9, and further discloses wherein the first material is made from ionomer resin (see at least col. 3, lines 24-26 and 55-56 and claim 12).
Regarding claim 15, Murphy discloses the limitations of claim 14, and further discloses wherein the second material 5 is not made from ionomer resin (see at least col. 4, line 64 through col. 5, line 4).
Regarding claim 16, Murphy discloses the limitations of claim 1, and further discloses wherein the cover 3 is at least partially visible through an outer coating (generally clear primer coat F) (see at least Figs. 1A-6).
Regarding claim 17, Murphy disclose a method of making a golf ball comprising: providing a core C configured for use within a golf ball; providing a first material (generally 3 or collective 3,P) configured to at least partially cover the core C; substantially interspersing a plurality of particulates (generally 5) of a second material within the first material; at least partially covering the core C with the first material and the second material; and placing an outer coating (generally clear primer coat F) at least partially over the first material and the second material (see Figure 1C in particular and generally Figures 1A-1C and 1-6 and col. 3, line 46 through col. 5, line 50).
Regarding claim 18, Murphy discloses the limitations of claim 17, and further discloses wherein one or more of the plurality of particulates 5 is at least partially visible within the first material 3 (see at least Figures 1C and 1-6).
Regarding claim 19, Murphy discloses the limitations of claim 17, and further discloses, wherein a first one or more of the plurality of particulates 5 is more visible within the first material than a second one or more of the plurality of particulates 5 (see at least col. 4, lines 26-45 which teaches that varying sizes/shapes of particulates 5 may be used thus varying the visibility).
Regarding claim 20, Murphy discloses the limitations of claim 17, and further discloses wherein the outer coating F comprises a third material and the first material 3 and the second material 5 are at least partially visible through the outer coating (see at least Figures 1-6 and col. 4, lines 1-12).
Regarding claim 21, Murphy discloses the limitations of claim 17, and further discloses determining an amount of the first material 3 to be provided (see at least col. 3, lines 58-62 and col. 4, line 64 through col. 5, line 4).
Regarding claim 22, Murphy discloses the limitations of claim 17, and further discloses determining an amount of the second material 5 to be provided (see at least col. 4, line 26 through col. 5, line 50).
Regarding claim 23, Murphy discloses the limitations of claim 1, and further discloses determining an amount of the first material 3 to be provided comprises factoring in the mass or volume of the plurality of particulates 5 of the second material to be substantially interspersed within the first material (see at least col. 3, line 46 through col. 5, line 50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Berard US 4,798,386 (golf ball with fluorescent cover)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P GRAMLING whose telephone number is (571)272-9082. The examiner can normally be reached Monday-Friday 8:30am-5pm EST.
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, Abdulmajeed Aziz can be reached at (571) 270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN P GRAMLING/Primary Examiner, Art Unit 2875
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