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 .
Response to Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-11 and 17-22 in the reply filed on 10/31/2025 is acknowledged.
Claims 12-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11 and 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over Habib et al (CN 104684871 A) in view of Kizer et al (US 20190000112 A1).
Habib et al teaches plant growth formulations which include trace minerals, such as sodium molybdate; vitamins, such as vitamin B12; and organic acids, such as lactic and malic acids (¶ 135). Phosphorus is also included (¶ 135). Water insoluble nonionic surfactants include ethanolamine and glycols (¶ 155). Iron chelate is a mineral that may be included (paragraph 135).
Habib et al does not teach the specific amounts instantly claimed.
Kizer et al teaches food formulations where the amount of phosphorous is between 0-6% by weight (¶ 181), pH adjusting components such as ethanolamine (¶ 213).
While Habib et al does not teach a single embodiment with all the instantly claimed components with the specific ranges, it would have been obvious to pick and choose from among the disclosed components to result in the instantly claimed combination, given the purpose of all the components is to provide a plant growth formulation. See MPEP 2143(I)(E).
Additionally, Kizer et al provides motivation to optimize the amount of each component based on its disclosed function in relation to the intended use of the resulting formulation, i.e. to promote plant growth. See MPEP 2144.05.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN J PACKARD whose telephone number is (571)270-3440. The examiner can normally be reached Mon 2-6pm and Tues-Fri (9am-6pm + mid-day flex).
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/BENJAMIN J PACKARD/ Primary Examiner, Art Unit 1612