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 .
Response to Amendment
In response to the amendment received 1/27/2026:
Claims 1, 4, 11, 14, 18-19, 21, 23-24, 26-27, 30, 32, 34 and 37-38 are presently pending
Claims 4, 19, 23-24 and 26 are withdrawn
Claims 2-3, 5-10, 12-13, 15-17, 20, 22, 25, 28-29, 31, 33, 35-36, and 39-49 are cancelled
The previously stated claim objections are withdrawn in light of amendments to the claims
The previously stated claim rejections under 35 U.S.C. 112(b) are withdrawn in light of amendments to the claims
Some prior art grounds of rejections are maintained, and some are withdrawn in light of Applicant’s arguments, as detailed herein
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 11, 14, 27, 34, and 37-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lucien (U.S. Patent No. 3322726 A, hereinafter “Lucien”).
Regarding claim 1, Lucien teaches a nitrogen-stabilizing composition (e.g., a composition [Col. 1 lines 18-23] containing dicyandiamide, which is a nitrogen stabilizer [Col. 6 lines 54-58]) comprising:
A nitrogen stabilizer component, wherein the nitrogen stabilizer component is urease inhibitor and/or nitrification inhibitor (e.g., dicyandiamide, also known as DCD, which is a nitrification inhibitor) [Col. 6 lines 54-58], and
An organic acid anhydride component, wherein the organic acid anhydride component is an organic acid anhydride copolymer (e.g., aminoplast resins such as those formed from itaconic acid, maleic acid, maleic anhydride, or their monoammonium salts) [Col. 6 lines 54-58] containing at least two different repeat units, including one of type B repeat unit and one of type C repeat unit, wherein the type B repeat unit is derived from substituted or unsubstituted monomers of maleic anhydride, itaconic anhydride, or a combination thereof, and the type C repeat unit is derived from substituted or unsubstituted alkene(s) selected from ethylene, propylene, butylene, isobutylene, styrene, methyl vinyl ether or a combination thereof (e.g., dicyandiamide can first be condensed with itaconic acid, then further condensation with anionic linear polymers as free acids or their anhydride is carried out [Col. 8 lines 57-65]; additionally, Lucien discloses an example comprising a copolymer of maleic anhydride and ethylene and dicyandiamide [Example I, Col. 9 lines 45-60]), and
Wherein the nitrogen stabilizer component and the organic acid anhydride component react to form mono-alkylated condensation products (e.g., Lucien generally discloses that useful aminoplast resins are prepared by condensing maleic anhydride with an equimolar amount of dicyandiamide [Col. 6 lines 54-58]; dicyandiamide can first be condensed with itaconic acid, then further condensation with anionic linear polymers as free acids or their anhydride is carried out [Col. 8 lines 57-65]; additionally, Lucien discloses an example comprising a copolymer of maleic anhydride and ethylene and dicyandiamide, which involves a condensation reaction [Example I, Col. 9 lines 45-60]).
Regarding claim 11, Lucien teaches the nitrogen-stabilizing composition wherein at least about 50 mol % of the repeat units of the organic acid anhydride polymer are type B repeat units (e.g., a copolymer containing equimolar amounts of maleic anhydride and ethylene) [Example 1 Col. 9 lines 45-59].
Regarding claim 14, Lucien teaches the nitrogen-stabilizing composition wherein the organic acid anhydride polymer has a structure according to the provided formula: e.g., a copolymer containing equimolar amounts of maleic anhydride and ethylene [Example 1 Col. 9 lines 45-59]. A copolymer containing equimolar amounts of maleic anhydride and ethylene has the following structure, which meets the provided formula:
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Regarding claim 27, Lucien teaches the nitrogen-stabilizing composition wherein the nitrogen stabilizer component is present in an amount between about 1 to 40 wt. % and/or the organic acid anhydride component is present in an amount between 1 to 20 wt. % (Lucien’s Example 1 describes a composition having 126 grams maleic-ethylene co-polymer made from maleic anhydride, 84 grams dicyandiamide, 540 grams water, and 326 grams of methyl formcel; as such the dicyandiamide is present at approximately 0.8%, which is here regarded as reading on “about 1%”) [Col. 9 lines 45-60].
Regarding claim 34, Lucien teaches the nitrogen-stabilizing composition, but does not explicitly state that it is 50% less volatile compared to compositions wherein the nitrogen stabilizer component is not condensed with an organic acid anhydride component and/or at least 50% more thermally stable compared to compositions that contain a nitrogen stabilizer component that is not condensed with an organic acid anhydride component. However, Applicant appears to attribute the decreased volatility and increased thermal stability merely to the condensation of the nitrogen stabilizer and the organic acid anhydride component (Specification Pages 34-35). Lucien teaches the condensed nitrogen stabilizer component and anhydride component described in Scheme 7 (Specification Page 32) [Lucien Col. 6 lines 54-58]. As such, it appears to necessarily follow that the composition of Lucien is 50% less volatile and 50% more thermally stable compared to a composition that is not condensed. Therefore, Lucien is regarded as reading on this limitation despite no specific comparison of volatility or stability being disclosed.
Regarding claim 37, Lucien teaches the nitrogen-stabilizing composition in the form of an aqueous dispersion (e.g., the composition can be applied in the form of an aqueous solution or dispersion) [Col. 2 lines 20-26].
Regarding claim 38, Lucien teaches a formulation comprising the nitrogen-stabilizing composition and at least one additional ingredient selected from solvents, colorants, stabilizers, film formers, and mixtures thereof (e.g., the reaction of Lucien’s example 1 takes place in water and forms a precipitate in water; as such, water is regarded as being a solvent) [Col. 6 lines 45-60].
Response to Arguments
With respect to the McKnight reference (U.S. Patent Pub. No. 2016/0332929 A1), Applicant’s arguments filed 1/27/2026 have been fully considered and are persuasive. Specifically, Applicant points out that McKnight fails to disclose the monomers ethylene, propylene, butylene, isobutylene, styrene, or methyl vinyl ether as recited in claim 1 (Remarks Page 11). The grounds of rejection based on McKnight of claims 1, 11, 27, 30, 32, and 38 have been withdrawn.
With respect to the Lucien reference (U.S. Patent No. 3322726), Applicant's arguments filed 1/27/2026 have been fully considered and are partially persuasive.
Regarding claim 1, Applicant’s arguments are not persuasive. Specifically, Applicant argues that Lucien’s disclosure does not read on the condensation product required by claim 1 (Remarks page 10). Lucien condenses DCD with equimolar amounts of maleic anhydride by heating at reflux for four to six hours, resulting in condensation simultaneous with saponification of the DCD nitrile group (Remarks Page 10) [Lucien Col. 6 lines 54-74]. Thus, Applicant states that “Lucien fails to disclose any mono-alkylated condensation products containing an intact nitrile functionality, such as recite in amended claim 1” (Remarks Page 10). However, amended claim 1 does not appear to require an intact nitrile functionality. Even assuming Applicant is correct that Lucien always saponifies the nitrile group, claim 1 does not require an intact nitrile group as presently drafted. As such, Lucien is still regarded as reading on claim 1.
Regarding claims 18 and 21, Applicant’s arguments are found persuasive. Claims 18 and 21 contain structural requirements which Lucien does not specifically meet. In particular, Lucien does not clearly disclose a structure meeting claim 18, which requires a nitrogen-containing moiety in the nitrogen stabilizer to react with the cyclic organic anhydride component. The reaction of Lucien including saponification and simultaneous reflux condensation cannot be shown to necessarily meet this structure, especially because the instant disclosure does not include saponification (Remarks Page 10).
Allowable Subject Matter
Claims 18, 21, 30, and 32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claims 18 and 21, the prior art of record does not teach or render obvious the cumulative limitations of claim 18, with particular attention to the included general structure of the mono-alkylated condensation products, wherein the cyclic imide group in the formula is formed when a nitrogen-containing moiety of the nitrogen stabilizer component reacts with the cyclic organic acid anhydride component.
As to claims 30 and 32, the prior art of record does not teach or render obvious the cumulative limitations of claim 30, with particular attention to the inclusion of a second nitrification inhibitor and/or urease inhibitor in an amount of 10-70% by weight.
Lucien, the closest prior art of record, teaches a nitrogen-stabilizing composition (e.g., a composition [Col. 1 lines 18-23] containing dicyandiamide, which is a nitrogen stabilizer [Col. 6 lines 54-58]) comprising:
A nitrogen stabilizer component, wherein the nitrogen stabilizer component is urease inhibitor and/or nitrification inhibitor (e.g., dicyandiamide, also known as DCD, which is a nitrification inhibitor) [Col. 6 lines 54-58], and
An organic acid anhydride component, wherein the organic acid anhydride component is an organic acid anhydride copolymer (e.g., aminoplast resins such as those formed from itaconic acid, maleic acid, maleic anhydride, or their monoammonium salts) [Col. 6 lines 54-58] containing at least two different repeat units, including one of type B repeat unit and one of type C repeat unit, wherein the type B repeat unit is derived from substituted or unsubstituted monomers of maleic anhydride, itaconic anhydride, or a combination thereof, and the type C repeat unit is derived from substituted or unsubstituted alkene(s) selected from ethylene, propylene, butylene, isobutylene, styrene, methyl vinyl ether or a combination thereof (e.g., dicyandiamide can first be condensed with itaconic acid, then further condensation with anionic linear polymers as free acids or their anhydride is carried out [Col. 8 lines 57-65]; additionally, Lucien discloses an example comprising a copolymer of maleic anhydride and ethylene and dicyandiamide [Example I, Col. 9 lines 45-60]), and
Wherein the nitrogen stabilizer component and the organic acid anhydride component react to form mono-alkylated condensation products (e.g., Lucien generally discloses that useful aminoplast resins are prepared by condensing maleic anhydride with an equimolar amount of dicyandiamide [Col. 6 lines 54-58]; dicyandiamide can first be condensed with itaconic acid, then further condensation with anionic linear polymers as free acids or their anhydride is carried out [Col. 8 lines 57-65]; additionally, Lucien discloses an example comprising a copolymer of maleic anhydride and ethylene and dicyandiamide, which involves a condensation reaction [Example I, Col. 9 lines 45-60]).
However, Lucien’s disclosure of condensation products cannot necessarily be demonstrated to result in the structure as disclosed in claim 18; particularly because Lucien performs simultaneous reflux condensation and saponification [Lucien Col. 6 lines 54-74]. As such, the reaction of Lucien does not necessarily result in the cyclic imide group in the formula being formed when a nitrogen-containing moiety of the nitrogen stabilizer component reacts with the cyclic organic acid anhydride component.
Further, Lucien does not disclose a second nitrification and/or urease inhibitor as included in claim 30. Lucien is not in the fertilizer art, or any other art that specifically implements nitrification or urease inhibition, so there is no reasonable motivation to include a second inhibitor in combination with Lucien’s included DCD.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/H.E.R./ Examiner, Art Unit 1731
/JENNIFER A SMITH/Primary Patent Examiner, Art Unit 1731