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 .
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) 1-11, 14-21, and 25-26 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Farmer et al. (WO 2021/030385) (references included herein correspond to related publication US 2022/0259114 for clarity of citations).
In re. claims 1, 15, 16, 17, and 20-21, with reference to [0132], [0049], [0053], and [0142], Farmer et al. disclose a method of preventing and/or mitigating undesirable standing water [0132], the method comprising applying a composition comprising a surface active molecule to soil, wherein said composition lowers the surface tension of the water that is contacted with the soil [0049], wherein said surface active molecule is a biosurfactant [0021], the method further utilized to control a pest that breeds in the water, wherein the pest is a mosquito [0221].
In re. claims 2-4 and 25-26, with reference to [0021], Farmer et al. disclose the biosurfactant is a sophorolipid. The examiner considers this to meet the claimed requirement of a micelle size less than 25nm as being an accepted, inherent property.
In re. claim 5, with reference to [0018], Farmer et al. disclose the composition is mixed with water and applied to the soil or standing water via an irrigation system.
In re. claim 6, with reference to [0137], Farmer et al. disclose the composition is applied to soil before the soil is contacted with water.
In re. claim 7, with reference to [0022], Farmer et al. disclose the composition is applied at a concentration of 10 to 100 ppm with respect to the amount of water.
In re. claim 8, with reference to [0131], Farmer et al. disclose the composition improves drainage of water into soil, reduces compaction of the soil by penetrating pores within the soil, increases porosity of the soil, and lowers the surface and interfacial tension of the water and soil.
In re. claim 9, with reference to [0141], Farmer et al. disclose applying a microbial soil treatment composition to the soil, wherein the microbial soil treatment composition comprises one or more beneficial microorganisms capable of colonizing soil and/or plant roots.
In re. claim 10, with reference to [0066], Farmer et al. disclose the one or more beneficial microorganisms are selected from Trichoderma harzianum, Trichoderma viride, Trichoderma koningii, Trichoderma guizhouse, Bacillus amyloliquefaciens, Bacillus subtilis, Bacillus megaterium, Bacillus polymyxa, Bacillus lichenformis, Brevibacillus laterosporus, Meyerozyma guilliermondii, Meyerozyma caribbica, Pichia occidentalis, Pichia kudriavzevii, Wickerhamomyces anomalus, and Debaryomyces hansenii.
In re. claim 11, with reference to [0071], Farmer et al. disclose the beneficial microorganism is Bacillus amyloliquefaciens NRRLB-67928.
In re. claims 14 and 19, with reference to [0112], Farmer et al. disclose the standing water is flooded soil.
In re. claim 18, the claimed limitations to standing water have antecedent basis to an optional method step. Independent claim 17 was treated as applying the biosurfactant to soil, therefore the method step of applying a biosurfactant to standing water was not taken.
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) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farmer et al. (WO 2021/030385) (references included herein correspond to related publication US 2022/0259114 for clarity of citations).
In re. claims 12-13, with reference to [0065-0066], Farmer et al. disclose a beneficial microorganism. Not specifically disclosed is Wickerhamomyces anomalus NRRL Y-68030 and B. subtilis B4 NRRL B-68031. However the claimed microorganisms are their characteristics were known in the art and one of ordinary skill in the art before the effective filing date of the claimed invention could have substituted one known microorganism for another based on the intended use and desired outcome, and the substitutions would have yielded predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA L PERRY whose telephone number is (571)270-3113. The examiner can normally be reached Monday-Friday 10am-6pm.
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/MONICA L PERRY/Primary Examiner, Art Unit 3644