Office Action Predictor
Application No. 17/785,931

A GRANULE OF POLYHALITE AND AMMONIUM SULPHATE AND A COMPACTION PROCESS FOR THE PRODUCTION THEREOF

Non-Final OA §103
Filed
Jun 16, 2022
Examiner
SILVA RAINBOW, HEATHER ELISE
Art Unit
1731
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Icl Europe Cooperatief U.A.
OA Round
1 (Non-Final)
38%
Grant Probability
At Risk
1-2
OA Rounds
3y 8m
To Grant
75%
With Interview

Examiner Intelligence

38%
Career Allow Rate
10 granted / 26 resolved
Without
With
+36.4%
Interview Lift
avg trend
3y 8m
Avg Prosecution
55 pending
81
Total Applications
career history

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
32.3%
-7.7% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103
CTNF 17/785,931 CTNF 100237 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25 AIA Applicant's election with traverse of Group I (claims 1-3) in the reply filed on 7/21/2025 is acknowledged. The traversal is on the ground(s) that new claim . This is not found persuasive because the shared technical feature (e.g., the granule of claim 1) is not a technical feature that defines a contribution over the prior art in view of the Socolovsky and Martin references (see below) . The requirement is still deemed proper and is therefore made FINAL. 08-05 AIA Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/21/2025 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Socolovsky (International Patent Pub. No. 2018/229757 A1, cited in the IDS filed 11/8/2022, hereinafter “Socolovsky”) in view of Martin (U.S. Patent Pub. No. 2020/0017418 A1, hereinafter “Martin”) . Regarding claim 1, Socolovsky teaches a fertilizer granule (e.g., a compacted and granulated fertilizer) [Socolovsky Abstract & Page 4 line 5] comprising polyhalite [Socolovsky Abstract] and ammonium sulfate (e.g., the fertilizer preferably includes one or more nitrogen fertilizers, said nitrogen fertilizer preferably being ammonium sulfate) [Socolovsky Page 11 lines 14-20], wherein said granule comprises a concentration of 40-60 wt. % polyhalite (e.g., 10 to 100 wt. % polyhalite) [Socolovsky Page 10 lines 1-3]. Socolovsky does not explicitly state a concentration of the ammonium sulfate in the fertilizer granule. However, Martin teaches that it is standard in potassium- and sulfate-containing granular fertilizers to include about 20 to about 50 wt. % ammonium sulfate [Martin Abstract]. As such, in looking for how much ammonium sulfate to include in the fertilizer granule of Socolovsky, one of ordinary skill in the art would look to Martin and readily appreciate that 20 to 50 wt. % is the standard range. Therefore, it would have been obvious to one of ordinary skill in the art when making the fertilizer granule of Socolovsky containing ammonium sulfate to include it in the range of 20 to 50 wt. % as taught by Martin. Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05. Regarding claim 2, Socolovsky teaches the fertilizer granule further comprising a binder (e.g., the fertilizer can further include a binder such as starch, bentonite, sodium silicate, lignosulfonates, molasses, etc.) [Socolovsky Page 4 lines 10-20] . 07-22-aia AIA Claim (s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Socolovsky and Martin as applied to claim s 1 and 3 above, and further in view of Pockele (Norwegian Patent No. 322942 B1) with reference to the provided machine translation (hereinafter “Pockele”) . Regarding claim 3, Socolovsky as modified by Martin teaches the fertilizer granule further comprising a binder [Socolovsky Page 4 lines 10-20] but does not explicitly state that the binder is vinasse. However, Pockele teaches that it is standard in granular mineral fertilizers [Pockele Para. 0001-2] containing inorganic nutrients such as ammonium sulfate [Pockele Para. 0004] to implement vinasse as a binder [Pockele Para. 0013-14 & 0041]. Further, the vinasse itself can provide additional potassium to the fertilizer [Pockele Para. 0014]. As such, in making the fertilizer granule of Socolovsky as modified by Martin comprising a binder, one of ordinary skill in the art would look to Pockele and readily appreciate that vinasse is a standard option and even provides the advantage of additional potassium. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include vinasse as taught by Pockele in the fertilizer granule of Socolovsky and Martin. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEATHER E RAINBOW whose telephone number is (571)272-0185. The examiner can normally be reached Monday - Friday 7 AM - 4 PM PST. 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, Amber Orlando can be reached at 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /H.E.R./Examiner, Art Unit 1731 /JENNIFER A SMITH/Primary Patent Examiner, Art Unit 1731 Application/Control Number: 17/785,931 Page 2 Art Unit: 1731 Application/Control Number: 17/785,931 Page 3 Art Unit: 1731 Application/Control Number: 17/785,931 Page 4 Art Unit: 1731 Application/Control Number: 17/785,931 Page 5 Art Unit: 1731 Application/Control Number: 17/785,931 Page 6 Art Unit: 1731
Read full office action

Prosecution Timeline

Jun 16, 2022
Application Filed
Jul 21, 2025
Response after Non-Final Action
Sep 04, 2025
Non-Final Rejection — §103
Apr 06, 2026
Response after Non-Final Action

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2y 5m to grant Granted Feb 24, 2026
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Prosecution Projections

1-2
Expected OA Rounds
38%
Grant Probability
75%
With Interview (+36.4%)
3y 8m
Median Time to Grant
Low
PTA Risk
Based on 26 resolved cases by this examiner