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 .
Applicants' arguments, filed 09/16/2025, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Van Der Krieken et al (WO2013133705), in view of Ihara et al (Invert Neurosci (2008) 8:71–81).
Van Der Krieken et al teaches compositions comprising a complex of a polyanion, such as lignosulfonate, and a polycation, such as chitosan, at a ratio of from 1:2 to 60:1 w/w%, and used to protect agricultural plant and plant parts against pathogens (Abstract and pg2 lines 11-19). The composition further includes biocides (pg 2 lines 21-26) where the complex is theorized to provide improved, longer lasting, adherence of the biocide to the plant. Among the insecticides is clothianidin, fosetyl-Al, etc. The process to make the conjugates is by mixing the polycation, such as chitosan, in an aqueous acidic solution, preferably below a pH of 4.5, where the polyanion is present from about 0.1-70w/v% and the polycation solution is present from about 0.1-10 w/v% (pg 3 lines 14-35). The particles are taught to be nano microsized, preferably to an average particle size of between 0.25 and 5 micrometers, then the biocide is added.
Van Der Krieken et al does not teach the complex having the bioactive as the negatively charged component of the complex.
Ihara et al teaches the ability to form complexes using salts of imidacloprid and clothianidin (Abstract).
While Van Der Krieken et al focuses on the polyanions of lignosulfonate, the teaching is broader insofar as the teaching provides motivation to use any polyanions for the conjugates. As such, the skilled artisan would find it obvious to use anions known in the art and which are disclosed as suitable bioactives, and known to form conjugates, as taught by Ihara et al.
Further, where the conjugates are known to be used to protect agricultural plant and plant parts against pathogens, it would have been obvious to one of ordinary skill in the art to apply them for controlling disease and preventing pathogens, based on the known activity of the bioactive agent.
Conclusion
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/BENJAMIN J PACKARD/ Primary Examiner, Art Unit 1612
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