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 .
Detailed Action
Previous Rejections
Applicants' arguments, filed 12/10/25 have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
New rejections have been made in this office action that is necessitated by claim amendments, therefore, the action is non-final.
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.
Claims 10-11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Durand et al. (US PG pub. 2005/0019361 A1).
Durand discloses an attractant composition comprising two porous pouches that are packaged together in a dispenser unit. One pouch contains a gel produced from polyethylene glycol (600) diacrylate in aqueous medium and further containing lactic acid, the other pouch contains compressed ammonium hydrogen carbonate or a water-moist mixture of starch and ammonium hydrogen carbonate (see [0138]-[0139]): tables 4 and 5; claim 1). The composition comprising lactic acid and ammonium carbonate has a greater attractive action on Aedes albopictus than the components individually see (example 1). Thus, the reference teaches (a) an attractant composition, (b) for attracting blood-sucking arthropods, (c) a porous carrier material is present (polyethylene glycol (600) polyacrylate gel), (d) ammonium hydrogen carbonate is a buffer, and (e) lactic acid is an attractant.
Claims 10-11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bedaukion et al. (EP1695 623 A1 of record).
Bedaukion et al. discloses an attractant composition for mosquitos. Herein, ammonium hydrogen carbonate is present in a polymeric matrix which enables controlled delivery. The laden matrix is located in an insect trap with R)-(-)-1-octen-3-ol. The combination of the two active ingredients has a far greater attractive action than the two components individually (see example 3). Thus, the reference teaches is an (a) attractant composition, (b) for attracting blood-sucking arthropods, (c) a porous carrier material is present ("controlled release polymer matrix"), (4) ammonium hydrogen carbonate is a buffer, and R)-(-)-1-octen-3-ol is an attractant.
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.
Claims 1-9, 12 and 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Durand et al. (US PG pub. 2005/0019361 A1).
Durand discloses an attractant composition comprising two porous pouches that are packaged together in a dispenser unit. One pouch contains a gel produced from polyethylene glycol (600) diacrylate in aqueous medium and further containing lactic acid, the other pouch contains compressed ammonium hydrogen carbonate or a water-moist mixture of starch and ammonium hydrogen carbonate (see [0138]-[0139]): tables 4 and 5; claim 1). The composition comprising lactic acid and ammonium carbonate has a greater attractive action on Aedes albopictus than the components individually see (example 1).
Durand does not disclose the claimed order of the process for producing an attractant composition in which a porous carrier material is loaded with a buffer system and an attractant is then introduced into the carrier material thus laden. However, loading of buffer or attractant onto the porous material would be obvious to one of ordinary skill and the order could be any order absent unexpected results due to the claimed order. In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930) (Selection of any order of mixing ingredients is prima facie obvious.), see MPEP 21411.04. Additionally, the instant claims do not define the ratio or arrangement in which the components mentioned in the claim have to be present in order to distinguish it from the prior art to a surprising level as the art teaches an attractant composition for mosquitos wherein loading onto the porous material of an attractant and buffer is described.
Claims 1-9, 12 and 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Bedaukion et al. (EP1695 623 A1 of record).
Bedaukion et al. discloses an attractant composition for mosquitos. Herein, ammonium hydrogen carbonate is present in a polymeric matrix which enables controlled delivery. The laden matrix is located in an insect trap with R)-(-)-1-octen-3-ol. The combination of the two active ingredients has a far greater attractive action than the two components individually (see example 3). Thus, the reference teaches is an (a) attractant composition, (b) for attracting blood-sucking arthropods, (c) a porous carrier material is present ("controlled release polymer matrix"), (4) ammonium hydrogen carbonate is a buffer, and R)-(-)-1-octen-3-ol is an attractant.
Bedaukion et al. does not disclose the claimed order of the process for producing an attractant composition in which a porous carrier material is loaded with a buffer system and an attractant is then introduced into the carrier material thus laden. However, loading of buffer or attractant onto the porous material would be obvious to one of ordinary skill and the order could be any order absent unexpected results due to the claimed order. In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930) (Selection of any order of mixing ingredients is prima facie obvious.), see MPEP 21411.04. Additionally, the instant claims do not define the ratio or arrangement in which the components mentioned in the claim have to be present in order to distinguish it from the prior art to a surprising level as the art teaches an attractant composition for mosquitos wherein loading onto the porous material of an attractant and buffer is described.
Claims 1-9, 12 and 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Durand et al. (WO 03/094611 A1 of record) in view of Durand et. al. (US PG pub. 2005/0019361 A1).
Durand discloses an attractant composition for attracting flying insects, specially mosquitos. For this, sodium acrylate and polyethylene glycol (600) diacrylate in aqueous medium are used to produce a gel that includes lactic acid ([00721]-[0073]). Alternatively, salts of lactic acid, such as ammonium lactate, may also be used [0052]-[0053]. An aqueous solution of lactic acid can also be impregnated onto hydrophilic frits (example 1).
Durand does not disclose any attractant composition containing a buffer.
Durand ‘361 discloses an attractant composition comprising two porous pouches that are packaged together in a dispenser unit. One pouch contains a gel produced from polyethylene glycol (600) diacrylate in aqueous medium and further containing lactic acid, the other pouch contains compressed ammonium hydrogen carbonate or a water-moist mixture of starch and ammonium hydrogen carbonate (see [0138]-[0139]): tables 4 and 5; claim 1). The composition comprising lactic acid and ammonium hydrogen carbonate has a greater attractive action on Aedes albopictus than the components individually see (example 1).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have utilized the buffer as taught by Durand ‘361 into the composition of Durand because Durand ‘361 teaches that the composition comprising lactic acid and ammonium carbonate has a greater attractive action on Aedes albopictus than the components individually (see example 1).
The references do not disclose the claimed order of the process for producing an attractant composition in which a porous carrier material is loaded with a buffer system and an attractant is then introduced into the carrier material thus laden. However, loading of buffer or attractant onto the porous material would be obvious to one of ordinary skill and the order could be any order absent unexpected results due to the claimed order. In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930) (Selection of any order of mixing ingredients is prima facie obvious.), see MPEP 21411.04. Additionally, the instant claims do not define the ratio or arrangement in which the components mentioned in the claim have to be present in order to distinguish it from the prior art to a surprising level as the art teaches an attractant composition for mosquitos wherein loading onto the porous material of an attractant and buffer is described.
Claims 1-13 and 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Buitendag et al. (WO 2006/048122, presented in IDS) in view of Bedaukion et al. (EP1695 623 A1 of record).
Buitendag et al. discloses an attractant composition for attracting fruit flies. In this document, an attractant is absorbed in liquid form onto a carrier (Claim 1). The carrier material is paper (claim 2). The attractant composition contains an ammonia solution (claim 10).
Buitendag does not disclose any compositions comprising a buffer system.
Bedaukion et al. discloses an attractant composition for mosquitos. Herein, ammonium hydrogen carbonate is present in a polymeric matrix which enables controlled delivery. The laden matrix is located in an insect trap with R)-(-)-1-octen-3-ol. The combination of the two active ingredients has a far greater attractive action than the two components individually (see example 3). Thus, the reference teaches is an (a) attractant composition, (b) for attracting blood-sucking arthropods, (c) a porous carrier material is present ("controlled release polymer matrix"), (4) ammonium hydrogen carbonate is a buffer, and R)-(-)-1-octen-3-ol is an attractant.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have utilized the buffer as taught by Bedaukion et al. into the composition of Buitendag et al. which discloses an attractant composition for attracting fruit flies because Bedaukion et al. teaches that the combination of the two active ingredients has a far greater attractive action than the two components individually (example 3).
The references do not disclose the claimed order of the process for producing an attractant composition in which a porous carrier material is loaded with a buffer system and an attractant is then introduced into the carrier material thus laden. However, loading of buffer or attractant onto the porous material would be obvious to one of ordinary skill and the order could be any order absent unexpected results due to the claimed order. In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930) (Selection of any order of mixing ingredients is prima facie obvious.), see MPEP 21411.04. Additionally, the instant claims do not define the ratio or arrangement in which the components mentioned in the claim have to be present in order to distinguish it from the prior art to a surprising level as the art teaches an attractant composition for mosquitos wherein loading onto the porous material of an attractant and buffer is described.
Applicant’s arguments are moot in view of the new grounds of rejections made above and the rationale for the anticipation/obviousness described above.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SNIGDHA MAEWALL whose telephone number is (571)272-6197. The examiner can normally be reached Monday thru Friday; 8:30 AM to 5PM.
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/SNIGDHA MAEWALL/Primary Examiner, Art Unit 1612
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