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 .
Claims 1-14 are pending.
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being obvious over Burbary, et al. (US 2023/0405409, herein Burbary)1 in view of Price, et al. (US 2023/0271063, herein Price).2 Regarding claim 1, Burbary teaches a biodegradable sports ball comprising: a petroleum based material (paragraph 0030); and a biodegradable additive blended with the petroleum based material and the biological based filler material, wherein the biodegradable sports ball is biodegradable based on blending of the biodegradable additive with the petroleum based material (paragraph 0032). Burbary does not explicitly teach a biological based filler material blended with the petroleum based material. Price teaches a biological based filler material blended with the petroleum based material (paragraph 0094). It would have been obvious to one having ordinary skill in the art at the time of invention to combine the teachings of Burbary and Price, because adding the filler aids to reinforce the ball (paragraph 0172 of Price). Regarding claim 2, Price further teaches the biological based filler material comprises between 1 percent and 45 percent of the biodegradable sports ball by weight (paragraph 0107). Regarding claim 3, Burbary further teaches the biodegradable additive comprises between 0.2 percent and 15 percent of the biodegradable sports ball by weight (paragraph 0037). Regarding claim 4, Price further teaches the biological based filler material comprises more than 90 percent calcium carbonate (paragraph 0094). Regarding claim 5, Burbary further teaches the petroleum based material comprises one of nylon, polyester, urethane, or polyurethane (paragraph 0037). Regarding claim 6, Burbary further teaches at least one color additive (paragraph 0038). Regarding claim 7, Burbary further teaches the biodegradable sports ball comprises an outer shell surrounding a hollow interior core, wherein the outer shell is round, and wherein the outer shell is rigid (paragraph 0031). Regarding claim 8, Burbary further teaches the outer shell comprises a plurality of apertures (paragraph 0003). Regarding claim 9, Burbary further teaches the biodegradable sports ball comprises an outer shell surrounding a hollow interior chamber, wherein the outer shell is round, wherein the outer shell is elastic, and wherein the hollow interior chamber has an interior pressure that is greater than atmospheric pressure (paragraph 0030). Regarding claim 10, Burbary further teaches an inner core comprising the petroleum based material blended with the biological based filler material and the biodegradable additive (paragraph 0030); and an outer shell surrounding the inner core, the outer shell comprising a second petroleum based material blended with the biological based filler material and the biodegradable additive (paragraph 0030). Regarding claim 11, Burbary further teaches a core forming a hollow interior chamber, the core comprising a first blend of a rubber based material with the petroleum based material, the biological based filler material, and the biodegradable additive (paragraph 0030); and a felt layer overlaying a surface of the core, the felt layer comprising a second blend of a second petroleum based material and a second biodegradable additive (paragraph 0029). Regarding claim 12, Burbary further teaches the biodegradable additive comprises a same material type as the second biodegradable additive (paragraph 0038). Regarding claim 13, Burbary further teaches the second blend further comprises wool (paragraph 0038). Regarding claim 14, Burbary further teaches an adhesive adhering the felt layer to the core (paragraph 0036).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW MIKELS whose telephone number is (571)270-5470. The examiner can normally be reached Monday to Thursday 7:30 AM ET - 5:00 PM ET, Friday 7:30 AM ET - 9:30 AM ET, the Examiner is on central time.3
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/MATTHEW MIKELS/ Primary Examiner, Art Unit 2876
1 Note that while this reference has a common inventor and assignee with the instant application, it qualifies as prior art under 35 U.S.C. § 102(a)(1). The reference was published on 12/21/23, while the instant application’s earliest priority date is 4/5/24.
2 In addition to the cited portions of each reference, please see also the associated figures.
3 The Examiner can also be reached at matthew.mikels@uspto.gov.
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