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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 7, 2026 has been entered.
The previous claim rejection made under 35 U.S.C. 103 over Yoshii (JP 2007284422 A) in view of Peng (US 20190124925 A1) as indicated in the Office action dated September 10, 2025 is withdrawn in view of further consideration. A new rejection has been made as following:
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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over PENG (US 20190124925 A1, filed on March 15, 2017, previously cited) in view of YOSHII et al. (US 8778839 B2, published on July 15, 2014, U.S. equivalent of JP 2007284422 A, previously cited).
Peng discloses a dispersible oil suspension comprising at least (a) 2 % nicosulfuron, (b) 3 % isoxadifen-ethyl and (c) 5 % of a dispersant (phenemylphenol polyoxyethelene ether phosphate ester triethanolamine salt), 5% of the emulsifying agent, polyoxyethylene aliphatate and 8 % castor oil polyoxyethylene ether. In the formulation, another herbicidal active agent (compound A) is present in the amount of 6 %. Peng teaches, “[a]t present, the herbicides used in cornfields mainly include a few of products such as nicosulfuron and mesotrisone etc. These two herbicides have been applied on corn for many years, and the resistance of weeds to nicosulfuron has become prominent.” See [0008]. To address this issue, the reference teaches that using an herbicide safener such as isoxadifen-ethyl solves effectively resolves the problem as it is highly safe and has broad weed controlling spectrum.
Although Peng teaches that the agents are applied to corn and weeds in spray form, the reference fails to specifically disclose concentration of the emulsifier in the spray composition. See [0162-0163]; 2.3.2) Equipment and methods for applying agents.
Yoshii teaches an herbicidal composition comprising (1) sulfonylurea (SU) base compound or its salt, such as nicosulfuron, and (2) a polyoxyalkylene alkyl ether phosphate or its salt. See abstract; Example 1, Test Example 1. The reference teaches that the herbicidal effect of the herbicidal sulfonylurea compound is determined by a polyoxyalkylene alkyl ether phosphate, as the amount of the herbicide can be reduced, which is beneficial to the cost and the surrounding environment. See col. 2, lines 6 – 18. The composition is applied to an undesirable plant or a place where it is grown with or without dilution. See col. 7, lines 60 – 67. Yoshii teaches that when a SU-based compound or its salt and the POA alkyl ether phosphate ester or salt thereof are diluted with 30-5000 L/ha, or 50-2000 L/ha of water or the like, 0.01-2 % by weight of POA alkyl ether phosphate ester or salt thereof is added to the diluted liquid. See translation, col. 7, lines 49 – 59. The reference teaches that such amount is “an amount effective to increase the herbicidal activity”. See col. 8, lines 41 – 44.
In the Peng example, 2 % of nicosulfuron is used per 18 % of the stabilizing agents, at 1:9 ratio. Yoshii teaches that, the mix ratio of the SU compound or its salt to the POA alkyl ether phosphate or its salt would depend multiple factors, but most preferably range from 1:1 to 1:30 by weight ratio. See col. 7, lines 28 – 36. Test Example 1 teaches that the wettable powder comprising nicosulfuron as an active ingredient (25 g a.i./ha) was diluted with water in an amount of 300 L/ha, and the surfactant POA alkyl ether phosphate was added at a concentration of 0.05 wt %. Since 0.05 wt % of the 300 L/ha spray solution is 150 g/ha, the weight ratio between nicosulfuron: POA alkyl ether phosphate would be about 1:6.
It would have been obvious to one of ordinary skill in the art before the time of the effective filing date to modify the teachings of Peng and use the POA alkyl ether phosphate or its salt in an amount effective to increase the herbicidal activity of nicosulfuron as suggested and motivated by Yoshii. The skilled artisan would have been motivated to do so, as 1) Peng and Yoshii are both directed to methods of improving weed control; 2) Peng teaches that nicosulfuron is old and well known in herbicidal treatment for corn and discloses an herbicidal composition for such use comprising at least (a) nicosulfuron, (b) isoxadifen-ethyl and (c) stabilizing agents including a dispersant and emulsifying agents for dilution to make a spray; and 3) Yoshii teaches that the surfactant POA alkyl ether phosphate or its salts is combined with nicosulfuron in “an amount effective to increase the herbicidal activity”. Since both references are directed to controlling undesired plants by applying the water-diluted mixture containing nicosulfuron to the weeds or the place they grow, the skilled artisan would have had a reasonable expectation of successfully improving the efficacy of nicosulfuron by combining the teachings of the references and adding the POA alkyl ether phosphate in the suggested amount. See the present claims 1, 5 and 6.
Regarding claims 2, 3, 7 and 8, although Peng does not specifically disclose the presently claimed application amount to corn plants or where they grow, Yoshii suggests that nicosulfuron/POA alkyl ether phosphate is diluted with 30-5000 L/ha, or 50-2000 L/ha of water. In view of such teaching and suggestion, determining an optimal application amount of composition comprising nicosulfuron/safener isoxadifen-ethyl and stabilizing agents comprising POA alkyl ether phosphate would have been well within the ordinary skill in agricultural art.
Regarding claims 4 and 9, the Peng example contains additional herbicidal agent Compound A.
Regarding claims 10-12, the Peng example contains 2 % nicosulfuron and 3 % isoxadifen-ethyl and 5 % of a dispersant (phenemylphenol polyoxyethelene ether phosphate ester triethanolamine salt), 5% of the emulsifying agent, polyoxyethylene aliphatate and 8 % castor oil polyoxyethylene ether. In the formulation another herbicidal active agent is present in the amount of 6 %. Here, 2 % of nicosulfuron is used per 18 % of the stabilizing agents, at 1:9 ratio. Yoshii teaches that, the mix ratio of the SU compound or its salt to the POA alkyl ether phosphate or its salt would depend multiple factors, but most preferably range from 1:1 to 1:30 by weight ratio. See col. 7, lines 28 – 36. Test Example 1 teaches that the wettable powder comprising nicosulfuron as an active ingredient (25 g a.i./ha) was diluted with water in an amount of 300 L/ha, and the surfactant POA alkyl ether phosphate was added at a concentration of 0.05 wt %. Since 0.05 wt % of the 300 L/ha spray solution is 150 g/ha, the weight ratio between nicosulfuron: POA alkyl ether phosphate would be about 1:6, which is well within the presently claimed range.
Oath/Declaration
The declaration filed under 37 CFR 1.132 on January 7, 2026 has been fully considered but does not place the application in allowable condition.
Experiment 5 shows that the filed corns treated with nicosulfuron/isoxadifen-ethyl showed a greater height ratio of the plants when compared to other corn plants treated with other sulfonylurea compounds combined with the same safener. Experiment 6 shows herbicidal efficacy on crabgrass (Digitaria sanguinalis) is only achieved by using nicosulfuron/isoxadifen-ethyl. However, Peng explicitly teaches that only few herbicides have been used for corns for many years, while disclosing nicosulfuron as the only sulfonylurea know for this purposes. The reference also discloses that crabgrass is among the weeds which can be safely and effectively removed with the nicosulfuron/safener composition. See Peng, [0009]. Peng specifically teaches a method of making and using an herbicidal mixture comprising nicosulfuron and isoxadifen-ethyl; safe herbicidal application on corn plants using such combination has been in practice and well known; in view of prior art teachings, it is viewed that the findings indicated in the present declaration are expected.
Response to Arguments
Applicant's arguments filed on January 7, 2026 have been fully considered but they are moot or not persuasive.
Applicant’s arguments that were presented in the After Final response filed on November 7, 2025 have been address in the Advisory Action mailed on December 9, 2025.
Applicant argues that Declaration filed on January 7, 2026 shows that the desired effects cannot be achieved when a nicosulfuron is not used. The arguments are not persuasive for the reasons indicated above, Oath/Declaration.
Conclusion
No claims are allowed.
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/GINA C JUSTICE/Primary Examiner, Art Unit 1617