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 1-7 and 18-22) in the reply filed on 12/22/2025 is acknowledged.
Claims 8-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/2025.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Here, the abstract is objected to because it refers to purported merits or speculative applications of the invention (non-toxic, microplastic free, reducing drying time, increased shelf life, minimizing dust), and because the claims are directed to a mixture/composition but the components or ingredients are not included in the abstract.
Claim Rejections - 35 USC § 112
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 1-7 and 18-22 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.
Regarding claim 1, the recitation “titanium dioxide coated in mica” renders the claim indefinite. The recitation is indefinite because it is unclear if Applicant intends to refer to mica coated around a core of titanium dioxide, or conversely titanium dioxide coated around a core of mica. The plain text as drafted appears to refer to a core of titanium dioxide, and the titanium dioxide is coated in mica. However, this does not appear to be a standard product. Applicant’s specification implements in Example 1 a product referred to as “titanium dioxide coated with mica” from Sun Chemical, Parsipanny NJ (Specification Page 9). However, all of Sun Chemical’s mica-based pigments appear to be the opposite: platelets or particles of mica which are coated with titanium dioxide.
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Retrieved from https://www.ulprospector.com/en/na/PersonalCare/Detail/33162/523353/Timica-Sparkle.
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Retrieved from https://colormaterials.sunchemical.com/by-product/products/114/timica-terra-black-mn4498?i=cosmetics.
Similarly, the Ochampaugh reference (U.S. Patent No. 10986769 B2) included in the IDS filed 5/25/2023 discloses mica coated with titanium dioxide [Ochampaugh Col. 3 lines 45-50].
Titanium dioxide coated in mica does not appear to exist as a general commercially available substance. As best as can be understood, it appears that Applicant intends to refer to a substance that is mica coated with titanium dioxide, not titanium dioxide coated in mica. Therefore, the claim is being interpreted accordingly.
Claims 5, 6, 18, and 20 are also being rejected for reciting “titanium dioxide coated in mica,” for identical reasons as set forth above.
Note that all other claims are being included as a result of their dependency upon a rejected claim as set forth above.
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) 1-4, 6-7, 18-19, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wiand (U.S. Patent Pub. No. 2016/0345575 A1, hereinafter “Wiand”).
Regarding claim 1, Wiand teaches a composition for seed treatment (a seed coating composition) [Abstract] comprising:
About 50-95% by weight titanium dioxide coated in mica or about 50-95% by weight silica, or combinations thereof (e.g., a pigment such as mica platelets coated with titanium dioxide in an amount from 0.01 to 30 wt. % [Para. 0074 & 0548 & 0557], and a carrier such as silicates or silica gels [Para. 0541] in an amount from 1 to 90 wt. % [Para. 0558]; the combination thereof having a weight percent overlapping with the claimed range);
Optionally, about 10-30% of a flow agent (e.g., a thickener or a compound that imparts a modified flowability such as polysaccharides, organic and organic clays, xanthan gum [Para. 0544] in an amount from 0.001 to 10 wt. %) (methylcellulose is an example of a polysaccharide) [Para. 0543] (other possible carriers or auxiliaries include talc or cellulose powder [Para. 0541] in an amount between 7-13 wt. %) [Page 25 Table D1] (other possible auxiliaries include surfactants such as lignin-sulfite waste liquors and proteins, denatured proteins [Para. 0543] in an amount between 0.01 to 20 wt. % [Para. 0550]; and
About 5-30% by weight of a water miscible substance that is a non-solvent of components (i) and (ii) (e.g., an antifreeze agent such as ethylene glycol, propylene glycol, glycerin, propanetriol [Para. 0546] in an amount from 0.1 to 15 wt. % [Para. 0555]).
Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Regarding claim 2, Wiand teaches the composition wherein the water miscible non-solvent comprises propylene glycol, ethylene glycol, glycerin, or propanediol, or combinations thereof (e.g., an antifreeze agent such as ethylene glycol, propylene glycol, glycerin, propanetriol [Para. 0546] in an amount from 0.1 to 15 wt. % [Para. 0555]).
Regarding claim 3, Wiand teaches the composition wherein the flow agent comprises a cellulose-based polymer, HEC, HPMC, quillaja extract, xanthan gum or yucca extract, or combinations thereof (e.g., a thickener or a compound that imparts a modified flowability such as polysaccharides, organic and organic clays, xanthan gum [Para. 0544] in an amount from 0.001 to 10 wt. %) (methylcellulose is an example of a polysaccharide) [Para. 0543].
Regarding claim 4, Wiand teaches the composition wherein the flow agent comprises protein powder, plant protein powder, talc, or graphite, or combinations thereof (other possible carriers or auxiliaries include talc or cellulose powder [Para. 0541] in an amount between 7-13 wt. %) [Page 25 Table D1] (other possible auxiliaries include surfactants such as lignin-sulfite waste liquors and proteins, denatured proteins [Para. 0543] in an amount between 0.01 to 20 wt. % [Para. 0550]).
Regarding claim 6, Wiand teaches the composition comprising:
titanium dioxide coated in mica (e.g., a pigment such as mica platelets coated with titanium dioxide) [Para. 0074 & 0548 & 0557],
plant protein powder (other possible carriers or auxiliaries include talc or cellulose powder [Para. 0541] in an amount between 7-13 wt. %) [Page 25 Table D1] (other possible auxiliaries include surfactants such as lignin-sulfite waste liquors and proteins, denatured proteins [Para. 0543] in an amount between 0.01 to 20 wt. % [Para. 0550]). Lignin-sulfite waste liquors and proteins are derived from plant biomass and are thus regarded as reading on plant proteins. Further, the composition may be formulated as a powder, which is regarded as reading on “plant protein powder” as claimed [Para. 0537], and
propylene glycol (e.g., an antifreeze agent such as propylene glycol [Para. 0546] in an amount from 0.1 to 15 wt. % [Para. 0555]).
Regarding claim 7, Wiand teaches the composition further comprising one or more nutrients, plant growth promoters, or microbial agents for benefiting plant growth and/or health (e.g., ureas, ammonium sulfate, ammonium phosphate, ammonium nitrate [Para. 0541], bactericides [Para. 0539], fungicides [Para. 0022], other active substances including guanidines [Para. 0600], growth regulators [Para. 0609], herbicides [Para. 0610]).
Regarding claim 18, Wiand teaches a seed coated with a composition (e.g., a seed coating composition [Abstract], that is applied to seed at the early stages of plant production [Para. 0499] and forms a coating on the surface of the seed [Para. 0526]), the composition comprising:
About 50-95% by weight titanium dioxide coated in mica or about 50-95% by weight silica, or combinations thereof (e.g., a pigment such as mica platelets coated with titanium dioxide in an amount from 0.01 to 30 wt. % [Para. 0074 & 0548 & 0557], and a carrier such as silicates or silica gels [Para. 0541] in an amount from 1 to 90 wt. % [Para. 0558]; the combination thereof having a weight percent overlapping with the claimed range);
Optionally, about 10-30% of a flow agent (e.g., a thickener or a compound that imparts a modified flowability such as polysaccharides, organic and organic clays, xanthan gum [Para. 0544] in an amount from 0.001 to 10 wt. %) (methylcellulose is an example of a polysaccharide) [Para. 0543] (other possible carriers or auxiliaries include talc or cellulose powder [Para. 0541] in an amount between 7-13 wt. %) [Page 25 Table D1] (other possible auxiliaries include surfactants such as lignin-sulfite waste liquors and proteins, denatured proteins [Para. 0543] in an amount between 0.01 to 20 wt. % [Para. 0550]; and
About 5-30% by weight of a water miscible substance that is a non-solvent of components (i) and (ii) (e.g., an antifreeze agent such as ethylene glycol, propylene glycol, glycerin, propanetriol [Para. 0546] in an amount from 0.1 to 15 wt. % [Para. 0555]).
Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Regarding claim 19, Wiand teaches the seed wherein the water miscible non-solvent comprises propylene glycol, ethylene glycol, glycerin, or propanediol, or combinations thereof (e.g., an antifreeze agent such as ethylene glycol, propylene glycol, glycerin, propanetriol [Para. 0546] in an amount from 0.1 to 15 wt. % [Para. 0555]).
Regarding claim 21, Wiand teaches the seed wherein the composition further comprises one or more nutrients, plant growth promoters, or microbial agents for benefiting plant growth and/or health (e.g., ureas, ammonium sulfate, ammonium phosphate, ammonium nitrate [Para. 0541], bactericides [Para. 0539], fungicides [Para. 0022], other active substances including guanidines [Para. 0600], growth regulators [Para. 0609], herbicides [Para. 0610]).
Regarding claim 22, Wiand teaches the seed wherein the seed further comprises one or more nutrients, plant growth promoters, or microbial agents for benefiting plant growth and/or health (e.g., ureas, ammonium sulfate, ammonium phosphate, ammonium nitrate [Para. 0541], bactericides [Para. 0539], fungicides [Para. 0022], other active substances including guanidines [Para. 0600], growth regulators [Para. 0609], herbicides [Para. 0610]).
Claim(s) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wiand as applied to claims 1 and 18 above, and further in view of Kimura (U.S. Patent No. 4623396 A, hereinafter “Kimura”).
Regarding claim 5, Wiand teaches the composition comprising titanium dioxide coated in mica (e.g., a pigment such as mica platelets coated with titanium dioxide in an amount from 0.01 to 30 wt. % [Para. 0074 & 0548 & 0557]), but does not explicitly state the relative amounts of mica and titanium dioxide therein. However, Kimura teaches that titanium-mica composite materials; specifically, titanium dioxide-coated mica, which exhibit good color tone, consistency, stability, and solvent and heat resistance [Kimura Abstract], typically have a weight ratio between the titanium oxides and the mica of (0.01 to 60 parts by weight titanium oxide):(100 parts by weight mica) [Kimura at the Paragraph bridging Col. 3-4]. See also Example 1 demonstrating a ratio between mica and titanium dioxide of 60%:22.7% [Kimura Col. 7 lines 44-50] and Example 8 demonstrating 49.3 wt. % mica and 34.4 wt. % titanium dioxide [Kimura Col. 14 lines 35-40]. As such, in looking for a suitable titanium-dioxide coated mica, one of ordinary skill in the art would look to Kimura and readily appreciate that ratios which overlap or fall within the claimed ranges are standard in order to afford a stable and consistent product. 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 composition of Wiand comprising titanium dioxide coated mica to specifically implement a titanium dioxide coated mica having ratios overlapping with or within the ranges as claimed as taught by Kimura. Further, Kimura is analogous art to the claimed invention because it is reasonably concerned with the problem faced by the inventor (i.e., providing a suitable titanium dioxide coated mica for coloring a composition or providing a layered coating) [Kimura Col. 1 lines 1-20].
Regarding claim 20, Wiand teaches the seed comprising titanium dioxide coated in mica in the coating composition (e.g., a pigment such as mica platelets coated with titanium dioxide in an amount from 0.01 to 30 wt. % [Para. 0074 & 0548 & 0557]), but does not explicitly state the relative amounts of mica and titanium dioxide therein. However, Kimura teaches that titanium-mica composite materials; specifically, titanium dioxide-coated mica, which exhibit good color tone, consistency, stability, and solvent and heat resistance [Kimura Abstract], typically have a weight ratio between the titanium oxides and the mica of (0.01 to 60 parts by weight titanium oxide):(100 parts by weight mica) [Kimura at the Paragraph bridging Col. 3-4]. See also Example 1 demonstrating a ratio between mica and titanium dioxide of 60%:22.7% [Kimura Col. 7 lines 44-50] and Example 8 demonstrating 49.3 wt. % mica and 34.4 wt. % titanium dioxide [Kimura Col. 14 lines 35-40]. As such, in looking for a suitable titanium-dioxide coated mica, one of ordinary skill in the art would look to Kimura and readily appreciate that ratios which overlap or fall within the claimed ranges are standard in order to afford a stable and consistent product. 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 coated seed of Wiand comprising titanium dioxide coated mica to specifically implement a titanium dioxide coated mica having ratios overlapping with or within the ranges as claimed as taught by Kimura. Further, Kimura is analogous art to the claimed invention because it is reasonably concerned with the problem faced by the inventor (i.e., providing a suitable titanium dioxide coated mica for coloring a composition or providing a layered coating) [Kimura Col. 1 lines 1-20].
Claim(s) 1-4, 7, 18-19, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khan (European Patent Pub. No. 0091213 A2, hereinafter “Khan”).
Regarding claim 1, Khan teaches a composition for seed treatment (e.g., a seed treater composition) [Abstract] comprising:
About 50-95% by weight titanium dioxide coated in mica or about 50-95% by weight silica, or combinations thereof (e.g., a carrier in an amount between 10 to 70 wt. %) [Page 8 lines 1-5] such as silica based materials including silicas, silicates, precipitated silica, hydrous calcium silicate) [Page 7 lines 25-35]; and
About 5-30% by weight of a water miscible substance that is a non-solvent of components (i) (e.g., a mutually insoluble glycol or glycol derivative [Abstract] in an amount from 5 to 60 wt. %; specifically ethylene glycol, propylene glycol, trimethylene glycol [Page 5 lines 4-25]).
Khan is also regarded as reading on the flow agent limitation because it is recited as being an optional component.
Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Regarding claim 2, Khan teaches the composition wherein the water miscible non-solvent comprises propylene glycol, ethylene glycol, glycerol, glycerin, or propanediol, or combinations thereof (e.g., a mutually insoluble glycol or glycol derivative [Abstract] in an amount from 5 to 60 wt. %; specifically ethylene glycol, propylene glycol, trimethylene glycol [Page 5 lines 4-25]).
Regarding claim 3, the flow agent is recited as being optional in claim 1. As such, Khan teaching a composition without a flow agent is regarded as reading on a further limitation on the specific type of flow agent.
Regarding claim 4, the flow agent is recited as being optional in claim 1. As such, Khan teaching a composition without a flow agent is regarded as reading on a further limitation on the specific type of flow agent.
Regarding claim 7, Khan teaches the composition further comprising one or more nutrients, plant growth promoters, or microbial agents for benefiting plant growth and/or health (e.g., various other adjuvants may be included [Page 8 lines 30-35] such as organophosphates, antioxidants [Page 9 lines 5-9], fungicides or insecticides or other seed protectors [Page 10 lines 35-36]).
Regarding claim 18, Khan teaches a seed coated with a composition treatment (e.g., a seed treater composition) [Abstract] that is applied to seeds by mixing the composition and seeds together [Page 4 lines 1-5], and the crop seed having the applied composition [Claim 23]), the composition comprising:
About 50-95% by weight titanium dioxide coated in mica or about 50-95% by weight silica, or combinations thereof (e.g., a carrier in an amount between 10 to 70 wt. %) [Page 8 lines 1-5] such as silica-based materials including silicas, silicates, precipitated silica, hydrous calcium silicate) [Page 7 lines 25-35]; and
About 5-30% by weight of a water miscible substance that is a non-solvent of components (i) and (ii) ) (e.g., a mutually insoluble glycol or glycol derivative [Abstract] in an amount from 5 to 60 wt. %; specifically, ethylene glycol, propylene glycol, trimethylene glycol [Page 5 lines 4-25]).
Khan is also regarded as reading on the flow agent limitation because it is recited as being an optional component.
Note that similar or overlapping ranges create a prima facie case of obviousness. See MPEP 2144.05.
Regarding claim 19, Khan teaches the seed wherein the water miscible non-solvent comprises propylene glycol, ethylene glycol, glycerin, or propanediol, or combinations thereof (e.g., a mutually insoluble glycol or glycol derivative [Abstract] in an amount from 5 to 60 wt. %; specifically, ethylene glycol, propylene glycol, trimethylene glycol [Page 5 lines 4-25]).
Regarding claim 21, Khan teaches the seed wherein the composition further comprises one or more nutrients, plant growth promoters, or microbial agents for benefiting plant growth and/or health (e.g., various other adjuvants may be included [Page 8 lines 30-35] such as organophosphates, antioxidants [Page 9 lines 5-9], fungicides or insecticides or other seed protectors [Page 10 lines 35-36]).
Regarding claim 22, Khan teaches the seed wherein the seed further comprises one or more nutrients, plant growth promoters, or microbial agents for benefiting plant growth and/or health (e.g., various other adjuvants may be included [Page 8 lines 30-35] such as organophosphates, antioxidants [Page 9 lines 5-9], fungicides or insecticides or other seed protectors [Page 10 lines 35-36]).
Conclusion
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/H.E.R./Examiner, Art Unit 1731
/JENNIFER A SMITH/Primary Patent Examiner, Art Unit 1731