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 .
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.
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 16-25 are rejected under 35 U.S.C. 102(a) (1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over WO 2020/020765 A1. No distinction is seen between the process disclosed by WO 2020/020765 A1, and that depicted in formula (a) in applicant’s claim 16. WO 2020/020765 A1 discloses a method for inhibiting nitrification by application of a substituted thiazolidine having the structural formula set forth from page 2, line 21 to page 3, line 7. The formulae would be identical when the values of X1 and X2 are both sulfur and R1, R2, R3, R6 and Ry are hydrogen in formula (a) in claim 1, and R1, R2, R3, R4 and RN are hydrogen in formula (1) on page 2, lines 21-25 of WO 2020/020765 A1. In any event, it would be obvious to employ the compositions disclosed in WO 2020/020765 A1 as nitrification inhibitors, since WO 2020/020765 A1 discloses such use in the Abstract.
Regarding claim 18, the limitation recited therein is not required since Formula (a) does not require R5 in that R6 and R7 may be hydrogen.
Regarding claim 19, the limitation recited therein is not required, since claim 16 does not require general formula (II) or (IV0, but can rather be general formula (I) or (III).
Regarding claim 20, WO 2020/020765 A1 discloses that R1, R2, R3 and R4 may be C1-C6-alkyl, which would anticipate the methyl group.
Regarding claim 21, WO 2020/020765 A1 discloses on page 53, lines 4-24 that the substituted thiazolidine can be used in combination with fertilizers including urea.
Regarding claim 22, WO 2020/020765 A1 discloses on page 66, lines 23-26 that the composition may be applied in the form of a solution or dispersion.
Regarding claim 23, the attributes recited therein would be present during use of the nitrification inhibitor of WO 2020/020765 A1 to no less extent than in in the process recited in claim 23.
Regarding claims 24 and 25, WO 2020/020765 A1 discloses on page 23, line 34 that the nitrification inhibitor can be used in combination with 3, 4-dimethyl pyrazole phosphate (DMPP).
Claims 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/020765 A1. WO 2020/020765 A1 is relied upon as discussed hereinbefore. It would be within the level of skill of one of ordinary skill in the art to determine a suitable amount of the nitrification inhibitor to use with the fertilizer in the composition of WO 2020/020765 A1.
Regarding claims 27 and 29, WO 2020/020765 A1 discloses at page 52, lines 30-35 that the fertilizer may be coated with the nitrification inhibitor.
Regarding claim 28, WO 2020/020765 A1 discloses on page 28, lines 6-11 that the composition may include plant growth regulators.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The phrases “can contain” and “it also being possible” render the scope of the claims vague and indefinite, since it is unclear whether the limitations following such terms are required, or whether such limitations would be optional. Also, the terms “preferably” and “more preferably” render the scope of the claims vague and indefinite, since it is not clear whether the “preferred” or “more preferred” limitations are required, or are merely species of the broader genus. Also in claim 1, it is indefinite as to whether the step of “utilizing” would require that the compounds be used as a nitrification inhibitor.
Barth et al (US 6,488,734) and (Nave et al (US 2018/0016199) are made of record for disclosing pyrazole compounds as nitrification inhibitors.
Altmann et al (US 7,820.818) is made of record for disclosing heteroaryl nitrile derivatives as pharmaceuticals.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LANGEL whose telephone number is (571 )272-1353. The examiner can normally be reached Monday through Friday from 8:15 am to 4:15 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LANGEL/ Primary Examiner, Art Unit 1736