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 .
Election/Restrictions
Applicant’s election without traverse of the invention of Group I (claim 1) in the reply filed on 09/08/2025 is acknowledged.
Claims 2-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/15/2022 has been considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Anhui Shennong Agricultural Tech Development Co Lt (CN 108558510A, cite no. 4 in 09/15/2022 IDS) in view of Wang (CN 101190855-A) and Matsui et al. (Agricultural and Biological Chemistry, 1976).
In regard to claim 1, Anhui teaches a fertilizer with stress-resistant and disease-resistant functions [Example 1], wherein the fertilizer is prepared from the following raw materials in parts by weight: 20-40 parts of a nitrogen fertilizer (e.g. 25 parts ammonium nitrate, 20 parts urea), 20-30 parts of a phosphate fertilizer (e.g. 20 parts potassium dihydrogen phosphate), 15-20 parts of a potassium fertilizer (e.g. 15 parts potassium hydroxide), 1.5-3.5 parts of trace elements (e.g. .5 parts copper sulfate, 1 part boric acid, 0.5 parts magnesium sulfate), 5 parts potassium fulvate, 5-20 parts of sodium humate (e.g. 10 parts sodium humate), 2 parts citric acid, 3-6 parts of sodium gluconate (e.g. 5 parts sodium gluconate), 2-4 parts of chitosan oligosaccharide (e.g. 1.5 parts chitosan oligosaccharide) [para. 0024]. While the amounts of potassium fulvate and citric acid in Anhui’s Example 1 lie slightly outside the claimed ranges, the reference teaches these components more generally in amounts ranging from 1-5 parts of potassium fulvate and 2-4 parts of citric acid [0007] which overlap with the claimed ranges or are so close that prima facie one skilled in the art would have expected them to have the same properties.
Anhui discloses 30 parts additive/auxiliary agent but does not describe 10-15 parts of garden burnet root, 5- 10 parts of kadsura pepper stem, and 5-10 parts of argy wormwood leaf.
Wang is directed to an agricultural synergist: a composite synergist for fertilizers that contains both functional synergistic ingredients and supplemental nutrients to enhance fertility [para. 0004]. The composition includes 0.5-2% Sanguisorba officinalis (e.g. great burnet root) and 1-3% Artemisia argyi (argy wormwood leaf) [0010; 0013]. Matsui is directed to the use of Piper futokadsura (e.g. kadsura pepper stem) [pg. 1044, 1st para.]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the Chinese herbal medicines of Wang and Matsui in amounts recited in the claimed ranges as the additive/auxiliary agent of Anhui. One of ordinary skill in the art would have been motivated to do so because green, natural Chinese herbal medicines as antibacterial insecticides are not only cost-effective but also highly effective [Wang, 0010]. Sanguisorba officinalis, when used as a whole plant, has excellent antibacterial properties and is highly effective against aphids, spider mites, beetles, and other pests. It can also control wheat root rust. Artemisia argyi, when used as a whole plant, is a highly specialized insect repellent and antibacterial herb, with excellent inhibitory effects against various cocci and bacilli, and also strengthens plant roots [Wang, 0015]. Furthermore, Piper futokadsura shows distinct antifeeding activities against the larvae of a phytophagous insect, Spodoptera litura [Matsui, pg. 1044, 1st para].
Conclusion
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/JENNIFER A SMITH/Primary Patent Examiner, Art Unit 1731 September 26, 2025