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 .
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.
Claim(s) 22,26,29 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Boydston et al.( Response of Weeds and Ornamental Plants to Potting
Soil Amended with Dried Distillers Grains, HortScience (Feb 2008), Volume 43, Number 1, pp.191-195, 5 p.).
Boydston et al. teach the response of weeds and ornamental plants to potting soil amended with dried distillers grains. Soil is an agriculturally acceptable ingredient. Weeds and ornamental plants are being subjected to the application of soil amended with dried distillers grains. Boydston like instant claims share the active step involving the application of soil amended with dried distillers grains to plants; therefore it is inherent that like instant claims Boydston teaching would anticipate inducing in a plant a systemic resistance to a biotic stress as instantly claimed.
Claim Objection
Claims 23-25,27-28,30-40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Telephonic Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALTON NATHANIEL PRYOR whose telephone number is (571)272-0621. The examiner can normally be reached 7-4:00 M-F.
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/ALTON N PRYOR/Primary Examiner, Art Unit 1616