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 .
Applicant’s amendment filed 11/21/2025 has been entered. Claims 22, 24, 28, 30, 37, 38, 41 and 42 were amended. Claim 23 was cancelled. Claims 22 and 24-42 are pending.
Withdrawn rejections
Applicant's amendments and arguments filed 11/21/2025 are acknowledged and have been fully considered. Any rejection and/or objection not specifically addressed below is herein withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 22, 24-29, 31-37, 39, 40 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Vadakekuttu et al. (WO 2018/207124; published November 15, 2018).
Applicant claims an organic agricultural composition comprising at least one water insoluble macronutrient selected from magnesium, potassium and phosphorus in its elemental form or salts or complexes or derivatives or sources thereof; and at least one hydrocolloid which has a viscosity of less than 400 cps, wherein the composition comprises particles in the size range of 0.1-15 microns. (claim 22)
Applicant claims process of preparing the organic agricultural composition of claim 1 in the form of a water dispersible granule comprising: milling the water insoluble macronutrient and hydrocolloid to obtain a slurry or wet mix with a particle size range of 0.1-15 microns; and drying the wet mix to obtain water dispersible granules. (claim 39)
Applicant claims process of preparing the organic agricultural composition of claim 1 in the form of a spheronised granules comprising: milling the water insoluble macronutrient and hydrocolloid to obtain a slurry or wet mix with a particle size range of 0.1-15 microns; drying the wet mix to obtain water dispersible granules; and adding water to the dried composition to make a dough or paste which is then extruded or agglomerating the wet mix or dried composition in an agglomerator to obtain granules in size range of 0.05-6mm. (claim 40)
The fact that the hydrocolloid has a viscosity of less than 400 cps has been treated as an inherent property of the compound.
With respect to claims 22, 24-29, 31-37 and 42, Vadakekutu et al. teach agricultural water disintegrable granular compositions which comprise at least one water insoluble crop nutrient or algae or pesticidal active ingredient and one or more agriculturally acceptable excipient and a process of preparing the granules (abstract; limitation of claims 22, 27 and 28). The water insoluble nutrients are selected from magnesium, potassium and phosphorous including magnesium oxide and magnesium carbonate (page 12, line 5 through page 13, lines 11; page 72, lines 15-19; limitation of claims 22 and 24). The excipients include binders which are hydrocolloids including polysaccharides such as gum arabic, gum karaya and gum tragacanth (katira gum) (page 62, lines 10-18; limitation of claims 22, 25 and 26). The granule compositions comprise 0.1-95% w/w water insoluble nutrients (page 13, line 16 through page 14, line 5) and 0.1-40% w/w binder (page 63, lines 8-20; line 8). The granules have a size of 0.1-6mm (page 11, lines 19-25; limitation of claims 32 and 33). The agricultural granular composition comprises particles in a size range of from 0.1-50 microns (page 5, lines 10-20; limitation of claim 22). The compositions have a D50 less than 6 microns and D90 less than 15 microns (page 87, lines 13-17; limitation of claim 31). The suspensibility of the composition is at least 30% (page 50, lines 7-8; limitation of claim 34). The dispersibility of the composition is at least 30% (page 49, lines 1-2; limitation of claim 35). The compositions further comprise surfactants, carriers, diluents, pH stabilizers and other ingredients (page 50, lines 20-27; limitation of claim 37). The compositions are used as a fertilizer composition, nutrient composition, plant strengthener, soil conditioner or yield enhancer composition and pesticides can be included to form plant protection compositions (page 76, lines 5-11; limitation of claim 36 and 42). Vadakekutu et al. teach granules may be subjected to a longer granulation time in order to give a more compact spherical granule that release the agrochemical over a longer period of time, however the disintegration time exhibited by the water disintegrable granules is less than 150 minutes to less than 6 minutes (page 46, line 23 through page 47, line 20).
With respect to claims 39 and 40, Vadakekutu et al. the process of preparing the water disintegrable granular composition by milling a blend of water insoluble nutrient, water and at least one agrochemically acceptable excipient to obtain a wet mix in the form of a slurry, drying the wet mix to obtain powder or coarse granule (page 74, lines 25-30; limitation of claim 39). The powder or granules can further be subjected to agglomeration in an agglomerator in which water or an aqueous suspension containing binder may be added (page 75, lines 1-16; limitation of claim 40).
Vadakekutu et al. teach selected water insoluble nutrients and combining them with hydrocolloids to form granules that are used as a fertilizer composition, nutrient composition, plant strengthener, soil conditioner or yield enhancer composition. Therefore, it would have been prima facie obvious to one of ordinary skill in the art to combine the teaching of Vadakekutu et al. to form granules comprising water-insoluble macronutrients and hydrocolloids with a reasonable expectation of success. One of ordinary skill would have been motivated before the time of filing to combine the teachings of Vadakekutu et al. to form compositions comprising water insoluble macronutrients with binders selected from hydrocolloids because Vadakekutu et al. teach that granular compositions comprising water-insoluble macronutrients and hydrocolloids form water disintegrable granules which comprises particles in a size range of from 0.1-50 microns.
Response to Arguments
Applicant's arguments filed 11/21/2025 have been fully considered but they are not persuasive. Applicant argues Vadekekutu et al. do not teach having an instant dispersion time whereas shows a composition largely granular after 24 hours of exposure to water and the aim of their disclosure is to formulate compositions with decreased dispersibility to water. The Examiner is not persuaded by this argument because Vadekekutu et al. teach granules may be subjected to a longer granulation time in order to give a more compact spherical granule that release the agrochemical over a longer period of time, however the disintegration time exhibited by the water disintegrable granules is less than 150 minutes to less than 6 minutes (page 46, line 23 through page 47, line 20). Therefore, Vadekekutu et al. teach the compositions have an instant dispersion time.
Claims 22 and 24-42 are rejected under 35 U.S.C. 103 as being unpatentable over Sawant et al. (WO 2019/215631; published November 14, 2019).
Applicant claims an organic agricultural composition comprising at least one water insoluble macronutrient selected from magnesium, potassium and phosphorus in its elemental form or salts or complexes or derivatives or sources thereof; and at least one hydrocolloid which has a viscosity of less than 400 cps, wherein the composition comprises particles in the size range of 0.1-15 microns. (claim 22)
Applicant claims process of preparing the organic agricultural composition of claim 1 in the form of a water dispersible granule comprising: milling the water insoluble macronutrient and hydrocolloid to obtain a slurry or wet mix with a particle size range of 0.1-15 microns; and drying the wet mix to obtain water dispersible granules. (claim 39)
Applicant claims process of preparing the organic agricultural composition of claim 1 in the form of a spheronised granules comprising: milling the water insoluble macronutrient and hydrocolloid to obtain a slurry or wet mix with a particle size range of 0.1-15 microns; drying the wet mix to obtain water dispersible granules; and adding water to the dried composition to make a dough or paste which is then extruded or agglomerating the wet mix or dried composition in an agglomerator to obtain granules in size range of 0.05-6mm. (claim 40)
Applicant claims process of preparing the organic agricultural composition of claim 1 in the form of a liquid suspension comprising: homogenizing mixture of water insoluble macronutrient a vehicle and at least one hydrocolloid; and wet milling to obtain suspension with a particle size range of 0.1-15 microns. (claim 41)
Sawant et al. teaches a water dispersible granular compositions and liquid suspensions comprising boron salts and elemental sulphur with particles in the range of 0.1-20 microns which are used to improve crop nutrition (abstract). The granular compositions in the size range of 0.1-2.5 mm and comprise 1-70% boron salts, complexes or derivatives, 1-90% elemental sulphur along with dispersing agents and 1-98% agrochemical excipients (page 6, line 24 through page 7, line 4; limitation of claims 29, 32 and 33). The liquid suspension composition comprises 1-55% boron salts, complexes or derivatives, 1-65% elemental sulphur and 1-98.99% agrochemical excipients (page 7, lines 13-24; limitation of claim 30). The borate salts include magnesium borate and boron phosphate (page 10, line 25-30; limitation of claim 22). The formulations can be in the form of wettable powder, aqueous suspension or water dispersible granules (page 13, lines 6-9; limitation of claims 27 and 28). The compositions may further comprise phosphate fertilizers which encompasses rock phosphate, a natural source of phosphorus for plants and potassium fertilizers which encompass potassium aluminosilicate (page 19, lines 13-21; limitation of claim 24). The formulations may further include pesticides, biostimulants and plant growth regulators (page 20, lines 14-29; limitation of claim 36). The formulations include various agrochemically acceptable excipients selected from surfactants, dispersing agents, wetting agents, binding agents, pH adjusters and colorants (page 21, lines 4-24; limitation of claims 37 and 38). The binding agents include phytocolloids such as gum Arabic, gum karaya and gum tragacanth (karita gum) (page 30, lines 8-18; limitation of claims 25 and 26). The dispersibility of the composition is at least 40% (page 43, lines 5-17; limitation of claim 35). The suspensibility of the granules and liquid suspension is at least 30% (page 44, lines 5-22; limitation of claim 34). The composition has the following particle size distribution: D50 less than 5 microns and D90 less than 15 microns (page 51, lines 8-10; limitation of claim 31). The viscosity of the liquid suspension at 25 degrees Celsius of about 10 cps to about 500 cps (page 46, lines 11-25; limitation of claim 22).
With respect to claim 39, Sawant teach the process of preparing the water disintegrable granular composition by milling a blend of boron and elemental sulfur and at least one agrochemically acceptable excipient to obtain a wet mix in the form of a slurry, drying the wet mix to obtain a granule (page 47, lines 15-30; limitation of claim 39).
With respect to claim 40, Sawant teach adding water to the mixture to blend and obtain a dough or past which is then extruded through an extruder to obtain the granule of desired size (page 48, lines 1-3; limitation of claim 40).
With respect to claim 41, Sawant teach the process of preparing the liquid suspension which involves homogenization of one or more agrochemically acceptable excipients by stirring, adding the boron and elemental sulfur until the total mixture becomes homogeneous and wet milling to obtain a suspension with a particle size in the range of 0.1-20 microns (page 48, lines 12-22; limitation of claim 41).
Sawant et al. teach combining elemental sulphur (a water insoluble macronutrient) with hydrocolloids (gum arabic, tragcanth gum, gum karaya) to form granules that are used as a nutrient and crop strengthener compositions (page 48, lines 24-27; limitation of claim 42). Therefore, it would have been prima facie obvious to one of ordinary skill in the art to combine the teaching of Sawant et al. to form granules or a liquid suspension comprising water-insoluble macronutrients and hydrocolloids with a reasonable expectation of success. One of ordinary skill in the art would have been motivated at the time of filing to combine the teachings of Sawant et al. to form compositions comprising water insoluble macronutrients with binders selected from hydrocolloids because Sawant et al. teach that granular and liquid suspension compositions comprising water-insoluble macronutrients and hydrocolloids form water disintegrable granules and liquid suspension formulations which comprises particles in a size range of from 0.1-50 microns.
Response to Arguments
Applicant's arguments filed 11/21/2025 have been fully considered but they are not persuasive. Applicant argues that Sawant does not teach the water insoluble macronutrient is magnesium, potassium, phosphorus or combinations thereof and exclusively contemplates compositions of sulfur and boron. The Examiner is not persuaded by this argument because Sawant teach the liquid suspension composition comprises 1-55% boron salts, complexes or derivatives, 1-65% elemental sulphur and 1-98.99% agrochemical excipients (page 7, lines 13-24; limitation of claim 30). The borate salts include magnesium borate and boron phosphate (page 10, line 25-30; limitation of claim 22). Therefore, Sawant teaches compositions comprising magnesium and phosphate.
Conclusion
No claims allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE D JOHNSON whose telephone number is (571)270-3285. The examiner can normally be reached Monday-Friday 9:00 am-5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bethany Barham can be reached at 571-272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BETHANY P BARHAM/Supervisory Patent Examiner, Art Unit 1611
DANIELLE D. JOHNSON
Examiner
Art Unit 1617