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 1-6 are presented for examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/18/2026 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20120220454) in view of Becker et al. (US 20020034549).
Chen et al. teach methods and compositions relating to agricultural coatings and, in particular, to seeds
or agglomeration of seeds coated with guar or guar derivatives, and methods for use. See Para [0002].
Chen et al. teach that coating compositions comprising at least one seed and at least one layer coating
all or part of the seed, the layer selected from the group consisting of guar, derivatized guar,
polyacrylamide, poly(methacrylic acid), polyvinylpyrrolidone, poly(acrylic acid), polyacrylate,
poly(ethylene glycol), phosphonate-end capped polymers, polyethylene oxide, poly(viny! alcohol),
polyglycerol, polytetrahydrofuran, polyamide, hydroxypropyl guar, carboxymethyl guar, carboxymethyl
hydroxypropyl guar, starch, derivatized starch, cationic starch, cornstarch, wheat starch, rice starch,
potato starch, tapioca, waxy maize, sorghum, waxy sorghum, sago, dextrin, chitin, chitosan, alginate
compositions, xanthan gum, carrageenan gum, gum karaya, gum Arabic, pectin, cellulose,
hydroxycellulose, hydroxyalkyl cellulose, hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose,
hydroxypropyl cellulose, a derivative of any of the foregoing and a combination of any of the foregoing.
See Para [0013]. Chen et al. teach that the seed coating composition can also comprise a binder. The
binder (or any of the layers) can be molasses, granulated sugar, alginates, karaya gum, jaguar gum,
tragacanth gum, polysaccharide gum, mucilage, gelatin, polyvinyl acetates, polyvinyl acetate
copolymers, polyvinyl alcohols, polyvinyl alcohol copolymers, celluloses (including ethyl celluloses and
methylcelluloses, hydroxypropyl celluloses, hydroxymethyl celluloses, hydroxymethyl! propyl-
celluloses), polyvinylpyrrolidone, dextrin, maltodextrins, polysaccharides, fats, oils, proteins, gum
Arabica, shellacs, vinylidene chloride, vinylidene chloride copolymers, calcium lignosulfonates, acrylic
copolymers, starches, derivatized starches, polyvinyl acrylates, zeins, carboxymethylcellulose chitosan, polyethylene oxide, acrylamide polymers and copolymers, polyhydroxyethyl acrylate, methylcarbylamine monomers, alginate, ethyl cellulose, polychloroprene, syrups or any combination thereof. Se Para [0016]. Chen et al. teach that the he active ingredient can be one or more herbicides, plant growth regulators, crop desiccants, fungicides, bactericides, bacteriostats, insecticides, insect repellants, triazine herbicides, sulfonylurea herbicides, uracil, urea herbicides, acetanilide herbicides, organophosphate herbicides, glyphosate salts, glyphosate esters, nitrile oxime fungicides, imidazole fungicides, triazole fungicides, sulfonamide fungicides, dithio-carbamate fungicides, chloronated aromatic, dichloro aniline fungicides, carbamate insecticides, organo thiophens insecticides; perchlorinated organic insecticides, methoxychlor, miticides, propynyl sulfite, triazapentadiene miticides, chlorinated aromatic miticides, tetradifan, dinitrophenol miticides, binapacryl, adjuvants, surfactants, fertilizers or any mixture thereof as claimed in claim 4. See Para [0017]. Chen et al. teach that at least one layer of the seed coating composition can comprise (in whole or partially) synthetic polymers, natural polymers or derivatives thereof. Such polymers are not particularly limited and can be homopolymers, as well as random or block or any other types of copolymers made from any polymerizable monomer. See Para [0026]. Chen et al. teach that Examples of suitable starch sources include but are not limited to corn starch, wheat starch, rice starch, potato starch, tapioca, waxy maize, sorghum, waxy sorghum, sago and modified starches. Examples of modified starches include cationic, dextrinated, hydrolyzed, oxidized, crosslinked, alkylated, hydroxyalkylated, acetylated, fractionated (e.g. amylose and amylopectin) as claimed in claim 1, and physically modified starches as claimed in claim 3. See Para [0032]. The use of surfactants as claimed in claim 5 is taught in Para [0042]. The use of components, such as titanium as claimed in claim 5 is taught in Para [0036]. Chen et al. teach the layer can comprise a 90 wt. % derivatized guar and 10 wt. % starch (or derivatized starch) mixture, or a 60 wt. % hydroxypropyl guar and 40 wt. % carboxymethyl hydroxypropyl guar mixture as claimed in claim 6. See Para [0048]. The use of unmodified starch is also taught in Para [0048]. Chen does not specifically teach up to 40% unmodified starch as claimed in claim 1. However Chen teaches the concentration of starch being 10%. See Para [0048]. The determination of optimum proportions and amounts are considered to be within the skill of the artisan in the absence of evidence to the contrary. Furthermore, since the concentration of the claimed starch is based on the concentration of the binder, in the absence of claims being drawn to the concentration of the binder, it is not clear what the 40 wt.% would be. Applicant's attention is drawn to In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955), where it states "Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation". Chen teaches the modified starch and unmodified starch in alternative and in combination with other ingredients. However, Becker teaches the use of the claimed modified starch as a primary ingredient in a seed coating composition. See the abstract, Paras [0009] and [0010]. Becker also teaches that Modified starch on its own is also not, in general, a good coating material and does not have all of the desired properties for a coating. However, it has been found that by adding a plasticizer such as glycerol, the combined modified starch/plasticizer not only has good solubility and barrier properties but is also a good coating material with excellent mechanical properties. See Para [0016]. Becker teaches modified starches include starches that have been modified, for example, by acid thinning, debranching, cross-linking, instantization via jet cooking and spray drying or instantization via high temperature extrusion. Modifications to the starch include ethylation (ethyl group substitution), acetylation (acetyl group substitution), methylation (methyl group substitution), hydroxy-propyl substitution, hydroxy-ethyl substitution, carboxy-methyl substitution and hydroxypropyl methyl substitution. Examples of modified starches include:
1 Pure Cote (B760 and B 790) GPC Pure Set 765 GPC Potato starch T1-T5 Western Polymer Amiogum 23 Cerestar (formerly American Maize) Amiogum 30 Cerestar (formerly American Maize) Amiogum 50 Cerestar (formerly American Maize) Amerimaize 2217 Cerestar (formerly American Maize) Amerimaize 2300 Cerestar (formerly American Maize) Crisp Tex Cerestar (formerly American Maize) Batter Tex Cerestar (formerly American Maize) Amylean 1 Cerestar (formerly American Maize) Ethylex gums (2015, 2035, 2040 AE Staley and 2065) Mira-Gel AE Staley Soft-Set AE Staley Ultra-Set National Starch Capsule starch National Starch Amylogum CLS Avebe. See Para [0017]. Becker makes clear that modified starch has been previously used as a main ingredient as a seed coating agent. It would have been obvious to use the modified starch as a seed coating agent, motivated by the teachings of Becker, which teaches the use of modified starch in a seed coating composition. Chen teaches that modified starch can be used in alternative or in combination with unmodified starch.
Response to Arguments
Applicant’s arguments and remarks have been noted. Applicant in his remarks argues that “The rejection is based on an improper combination of disparate teachings from Chen and impermissible hindsight. Chen fails to teach or suggest the claimed invention for at least three reasons. First, Chen's disclosure, when read as a whole, teaches away from a starch-based binder system and instead directs a person of ordinary skill in the art to guar-based systems. Second, Chen lacks motivation to combine a modified starch with an unmodified starch and provides no reasonable expectation that such a combination would be successful. To the contrary, one of ordinary skill in the art would have been discouraged from adding unmodified starch due to its poor performance characteristics. Third, the Office has not addressed the unexpected advantages of the claimed composition, which are fully described and evidenced in the present specification as filed”. It is the examiner’s position that Chen in Para [0013] teaches the use of coating that at least one layer of coating can be many ingredients including starch, cationic starch, derivatized starch, corn starch, wheat starch, rice starch, potato starch and the combination of any of the ingredients listed. Chen teaches that Examples of suitable starch sources include but are not limited to corn starch, wheat starch, rice starch, potato starch, tapioca, waxy maize, sorghum, waxy sorghum, sago and modified starches. Examples of modified starches include cationic, dextrinated, hydrolysed, oxidized, crosslinked, alkylated, hydroxyalkylated, acetylated, fractionated (e.g. amylose and amylopectin), and physically modified starches, among others. See Para [0032]. Furthermore, Becker teaches the use of the claimed modified starch as a primary ingredient in a seed coating composition. See the abstract, Paras [0009] and [0010]. Becker also teaches that Modified starch on its own is also not, in general, a good coating material and does not have all of the desired properties for a coating. However, it has been found that by adding a plasticizer such as glycerol, the combined modified starch/plasticizer not only has good solubility and barrier properties but is also a good coating material with excellent mechanical properties. See Para [0016]. Becker makes clear that modified starch has been previously used as a main ingredient as a seed coating agent. Applicant’s arguments regarding the unexpected results have been noted. However, the unexpected results are considered to be the inherent property of Becker et al. coating composition, which uses modified starch. Applicant in the experiments compares the coating of the modified starch, which is taught by Becker with polymeric coating.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOHREH A FAY whose telephone number is (703)756-1800. The examiner can normally be reached Monday-Friday 9:30AM-6:00.
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/ZOHREH A FAY/Primary Examiner, Art Unit 1617
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