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 Group I (claims 1-15) in the reply filed on 3/30/2026 is acknowledged.
Claims 16-26 have been cancelled by Applicant. Election was made without traverse in the reply filed on 3/30/2026.
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) 1-3, 8-10 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brant (U.S. Patent Pub. No. 2019/0200644 A1, hereinafter “Brant”).
Regarding claim 1, Brant teaches a fertilizer product comprising a plurality of fertilizer granules (e.g., a coated product substrate, such as fertilizer granules) [Brant Abstract & Para. 0011], each granule comprising:
A base fertilizer composition containing a primary nutrient (e.g., a fertilizer granule or prill such as urea, NPK, ammonium nitrate or polyhalite) [Brant Para. 0011 & 0135 & Table 7];
A micronutrient coating applied to an outer surface of the base fertilizer composition, wherein the micronutrient coating comprises a wax component and particles of a micronutrient source (e.g., the fertilizer substrate is uniformly coated with carrier particles carrying active agents [Brant Para. 0001 & 0010], the carrier particles are the wax [Para. 0028], the active agents are micronutrients [Para. 0068]) suspended within the wax component (e.g., the active agents/micronutrients are incorporated into the wax [Para. 0069], distributed within it [Para. 0072).
Regarding claim 2, Brant teaches the fertilizer product wherein the wax component is selected from the provided group (e.g., paraffin wax, beeswax, carnauba wax, lanolin, Chinese wax, spermaceti wax, shellac wax, bayberry wax, sugar cane wax, ozocerite, ceresin wax, montan wax, myricyl palmitate, cetyl palmitate, candelilla wax, castor wax, microcrystalline wax, ouricury wax, sugar cane wax, wool wax, retamo wax, rice bran wax, polyethylene wax, polypropylene wax and mixtures of two or more thereof) [Brant Para. 0030].
Regarding claim 3, Brant teaches the fertilizer product wherein the wax component is selected from the provided group (e.g., paraffin wax, beeswax, carnauba wax, lanolin, Chinese wax, spermaceti wax, shellac wax, bayberry wax, sugar cane wax, ozocerite, ceresin wax, montan wax, myricyl palmitate, cetyl palmitate, candelilla wax, castor wax, microcrystalline wax, ouricury wax, sugar cane wax, wool wax, retamo wax, rice bran wax, polyethylene wax, polypropylene wax and mixtures of two or more thereof) [Brant Para. 0030].
Regarding claim 8, Brant teaches the fertilizer product wherein the particles of the micronutrient source comprise from about 0.01 wt. % to about 10 wt. % of the coating (e.g., typically the active agent is added to the wax in an amount between 1-2% by weight) [Brant Para. 0031].
Regarding claim 9, Brant teaches the fertilizer product wherein the particles of the micronutrient source comprise from about 0.1 wt. % to about 5 wt. % of the coating (e.g., typically the active agent is added to the wax in an amount between 1-2% by weight) [Brant Para. 0031].
Regarding claim 10, Brant teaches the fertilizer product wherein the particles of the micronutrient source comprise from about 0.5 wt. % to about 2 wt. % of the coating (e.g., typically the active agent is added to the wax in an amount between 1-2% by weight) [Brant Para. 0031].
Regarding claim 14, Brant teaches the fertilizer product wherein the primary nutrient is selected from the provided group (e.g., a fertilizer granule or prill such as urea, NPK, ammonium nitrate, or polyhalite) [Brant Para. 0011 & 0135 & Table 7].
Regarding claim 15, Brant teaches the fertilizer product wherein the granule further comprises elemental sulfur, sulfur in the form of sulphate, zinc oxide, zinc sulphate, or combinations thereof (e.g., implemented fertilizer substrates include sulfur from polyhalite, which is sulfur in the form of sulphate) [Brant Table 7 & Para. 0135].
Claim(s) 1-7 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimoto (Japanese Patent No. 07206565 A) with reference to the provided machine translation (hereinafter “Kimoto”).
Regarding claim 1, Kimoto teaches a fertilizer product comprising a plurality of fertilizer granules (e.g., a trace element-containing coated granular fertilizer) [Kimoto Para. 0001], each granule comprising:
A base fertilizer composition containing a primary nutrient (e.g., a granular fertilizer such as ammonium sulfate, ammonium chloride, ammonium sulfate, urea, potassium chloride, potassium nitrate, sodium nitrate, ammonium phosphate, potassium phosphate, or calcium phosphate) [Kimoto Para. 0017];
A micronutrient coating applied to an outer surface of the base fertilizer composition (e.g., a film of powdered trace elements within a binder formed on the surface of the granules) [Kimoto Para. 0001], wherein the micronutrient coating comprises a wax component (the coating and binding material may be a wax) [Kimoto Para. 0007 & 0011] and particles of a micronutrient source (e.g., the trace elements are in powdered form) [Kimoto Para. 0001] suspended within the wax component (e.g., the trace element particles are vigorously stirred into the mixed liquid to prevent coagulation and sedimentation before application to the fertilizer granules) [Kimoto Para. 0021] (the particles are incorporated into the membrane, so that as the membrane decomposes, the particles elute) [Para. 0009].
Regarding claim 2, Kimoto teaches the fertilizer product wherein the wax component is selected from the provided group (e.g., suitable waxes include beeswax, wood wax, paraffin wax) [Kimoto Para. 0011].
Regarding claim 3, Kimoto teaches the fertilizer product wherein the wax component is selected from the provided group (e.g., suitable waxes include beeswax, wood wax, paraffin wax) [Kimoto Para. 0011].
Regarding claim 4, Kimoto teaches the fertilizer product wherein the micronutrient source is selected from the provided group (e.g., suitable trace elements include iron sulfate, iron chloride, boric acid, borax, manganese sulfate, manganese chloride, zinc sulfate, copper sulfate, ammonium molybdate, and sodium molybdate, as well as chelated metal salts and water-insoluble citrate trace elements containing iron, manganese, boron, zinc, copper, molybdenum) [Kimoto Para. 0010].
Regarding claim 5, Kimoto teaches the fertilizer product wherein the micronutrient source is in form selected from the provided group (e.g., suitable trace elements include iron sulfate, iron chloride, boric acid, borax, manganese sulfate, manganese chloride, zinc sulfate, copper sulfate, ammonium molybdate, and sodium molybdate, as well as chelated metal salts and water-insoluble citrate trace elements containing iron, manganese, boron, zinc, copper, molybdenum) [Kimoto Para. 0010].
Regarding claim 6, Kimoto teaches the fertilizer product wherein the micronutrient coating further comprises a source of primary nutrient selected from the provided group, a source of secondary nutrient selected from the provided group, or both (e.g., the trace element may include one or more of phosphate fertilizers or potassium silicate fertilizers, which supply primary nutrients, and/or one or more of zinc sulfate and copper sulfate, which supply the secondary nutrient sulfur) [Kimoto Para. 0010].
Regarding claim 7, Kimoto teaches the fertilizer product wherein the particles of the micronutrient are micron-sized, nano-sized, or a combination of both (e.g., the particle size of the powder ranges from 250 microns to 1 micron) [Kimoto Para. 0009].
Regarding claim 14, Kimoto teaches the fertilizer product wherein the primary nutrient is selected from the provided group (e.g., a granular fertilizer such as ammonium sulfate, ammonium chloride, urea, potassium chloride, potassium nitrate, sodium nitrate, ammonium phosphate, potassium phosphate, or calcium phosphate) [Kimoto Para. 0017].
Regarding claim 15, Kimoto teaches the fertilizer product wherein the granule further comprises elemental sulfur, sulfur in the form of sulphate, zinc oxide, zinc sulphate, or combinations thereof (e.g., a granular fertilizer such as ammonium sulfate) [Kimoto Para. 0017].
Claim Rejections - 35 USC § 103
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brant.
Regarding claim 11, Brant teaches the fertilizer product wherein the coating is in an amount of 0.1 to 5 % by weight of the total weight of the granule (See Table 9 at Para. 0136 demonstrating loading of wax onto fertilizer substrates wherein the loading rate ranges from 500 g substrate + 0.1875 g wax (~00.04% by weight) to 10 g substrate + 0.1 g wax (1% by weight). Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimoto.
Regarding claim 8, Kimoto teaches the fertilizer product wherein the particles of the micronutrient source comprise from about 0.01 wt. % to about 10 wt. % of the coating (e.g., the trace elements make up approximately 30 to 0.01% by weight of the total fertilizer [Kimoto Para. 009] with the ratio of trace elements to binder in the coating being 99.9:0.1 to 10:90 by weight [Kimoto Para. 0009]). Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Regarding claim 9, Kimoto teaches the fertilizer product wherein the particles of the micronutrient source comprise from about 0.1 wt. % to about 5 wt. % of the coating (e.g., the trace elements make up approximately 30 to 0.01% by weight of the total fertilizer [Kimoto Para. 009] with the ratio of trace elements to binder in the coating being 99.9:0.1 to 10:90 by weight [Kimoto Para. 0009]). Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Regarding claim 10, Kimoto teaches the fertilizer product wherein the particles of the micronutrient source comprise from about 0.5 wt. % to about 2 wt. % of the coating (e.g., the trace elements make up approximately 30 to 0.01% by weight of the total fertilizer [Kimoto Para. 009] with the ratio of trace elements to binder in the coating being 99.9:0.1 to 10:90 by weight [Kimoto Para. 0009]). Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Regarding claim 11, Kimoto teaches the fertilizer product wherein the coating is in an amount of 1% - 5% by weight of the total weight of the granule (e.g., the trace elements make up approximately 30 to 0.01% by weight of the total fertilizer [Kimoto Para. 009] with the ratio of trace elements to binder in the coating being 99.9:0.1 to 10:90 by weight [Kimoto Para. 0009]). As such, the possible range of trace elements and ratios set forth by Kimoto necessarily overlaps with a total coating in the claimed range. Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimoto in view of Kanazaki (Japanese Patent No. 5871912 B2) with reference to the provided machine translation (hereinafter “Kanazaki”).
Regarding claim 12, Kimoto teaches the fertilizer product wherein the particles of the micronutrient source comprise a sulphate form (e.g., suitable trace elements include iron sulfate, manganese sulfate, zinc sulfate, copper sulfate) [Kimoto Para. 0010] but does not explicitly include an oxide form. However, Kanazaki teaches in a similar wax-based coating for fertilizer granules [Kanazaki Para. 0007] that it is advantageous to include, within the coating, 30-65% by weight of an inorganic filler such as a metal oxide; for example, titanium dioxide [Kanazaki Para. 0026]. Including the filler within this range allows for optimization of the speed of the breakdown of the coating via elution control [Kanazaki Para. 0026]. Without this filler, the disintegration properties may be insufficient [Kanazaki Para. 0026]. As such, in making the fertilizer product of Kimoto comprising a wax-based coating, one of ordinary skill in the art would look to Kanazaki and readily appreciate the advantages of further including a metal oxide in the amount of 30-65% within the coating. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in making the fertilizer of Kimoto to include the metal oxide form as taught by Kanazaki.
Regarding claim 13, Kimoto as modified by Kanazaki teaches the fertilizer product having particles of the micronutrient in both sulfate form and oxide form. Kimoto teaches that the trace elements; here, the sulfate form, make up approximately 30 to 0.01% by weight of the total fertilizer [Kimoto Para. 0009] with the ratio of trace elements to binder in the coating being 99.9:0.1 to 10:90 by weight [Kimoto Para. 0009]. Kanazaki teaches that the coating should contain 30-65% by weight of the metal oxide [Kanazaki Para. 0026]. As such, the possible ranges of each component suggested by the prior art necessarily overlap with/encompass the claimed ratios of sulphate form:oxide form. Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Conclusion
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/H.E.R./ Examiner, Art Unit 1731
/AMBER R ORLANDO/Supervisory Patent Examiner, Art Unit 1731
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