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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 03/11/2024 is/are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. See attached copy of PTO-1449.
Response to Restriction
Applicants' election without traverse of Group I (claims 1-13 and 16-17) in the reply filed on 03/26/2026 is acknowledged and is therefore made FINAL. For examining purpose, Claims 1-15 and 26 of Group I are examined in this office action.
Claim Objections
Claim(s) 2 is/are objected to because of the following informalities:
poly(2-propenamide-co-2- propanoic acid, sodium salt; it lacks a close parenthesis. In the specification, pg. 13, line 5, it is recited that the "salt" refers to the partially neutralized version of poly(2-propenamide-co-2-propanoic acid, sodium salt);
starch-g-poly(acrylonitrile) or poly(2-propenamide-co-sodium acrylate); (Claim 2). what “or” means here? are these two polymers starch-g-poly(acrylonitrile) or poly(2-propenamide-co-sodium acrylate) separated and a “,” can be in between them, or it means starch-g poly(2-propenamide-co-sodium acrylate)?
starch-g-poly (propenoic acid) sodium salt (Claim 2). Lacking a comma. starch-g-poly (propenoic acid), sodium salt
poly(2-propenamide-co-2- propanoic acid, sodium salt; (Claim 2). Lacking a close parenthesis.
poly(2-propenamide-co-2- propanoic acid. (Claim 2). Lacking a close parenthesis.
2-propenenitrile homopolymer,): Spec. pg. 13, line 4): Lacking an open parenthesis and having an extra “,”
starch-g-poly(2propenamide-co-2-propanoic acid (Spec. pg. 13, line 28) lacking a hyphen after 2
copolymers of hydrolyzed starchpolyacrylonitrile; (Spec. pg. 13, line 26): confusion with “semicolon ;” instead of “comma ,”
Also, some “,” (for example “carrageenan, agar,), because there is no long phrase with comma inside or “;” (for example “starch-g-poly(2-propenamide-co-2-propanoic acid, potassium salt);’ is clear because there is a comma in that phrase, so it needs a semicolon to separate the 2 polymers. But some comma and semicolon are used irregularly, for example, “hydrolyzed starch-polyacrylonitrile;”
These comma and semicolons should be consistent!
Appropriate corrections are required in both the claims and specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1, 7 and 10 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim(s) 1 and 10 is/are indefinite because it recites: “in ratio ranging 1:5 to 5:1; or 1:3 to 3:1, …”, without defining volume or weight ratio. For examining purposes, examiner will assume that they are weight ratio. Appropriate correction is required.
Claim(s) 7 is/are indefinite because it fails to specify the test method, and instrument used to measure viscosity and because viscosity varies wildly depending on how and which instrument it is measured, omitting these parameters obscures the claim's exact boundaries.
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.
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 non-obviousness.
Claim(s) 1-2, 6-7, 10, 12-13 and 16-17, is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al. (US 20200236943 A1) in view of Bauduin (US 20220288559 A1).
Claim(s) 1-2, 6, 10, 12-13 and 16-17,
Ohta et al. teach aqueous suspension composition of an active Pyribencarb comprising calcium lignin sulfonate having purity of 92% by mass (containing 3% by mass of reducing sugars, 4% by mass of sugar sulfonic acids, 1% by mass of inorganic salts as impurities, 0.63 parts), sodium butylnaphthalenesulfonate formalin condensate, polyalkyl polysiloxane, propylene glycol, xanthan gum, sodium polyacrylate and water were mixed and wet-pulverized to prepare an agrochemical composition (aqueous suspension preparation) (0089), where sodium polyacrylate is a superabsorbent.
Pyribencarb is a carbamate-type fungicide used in agriculture to protect crops against plant pathogenic fungi, particularly gray mold (Botrytis cinerea) and sclerotinia stem rot. It functions by inhibiting cellular respiration in fungi, specifically targeting the mitochondrial cytochrome bc1 complex. (https://pubchem.ncbi.nlm.nih.gov/compound/Pyribencarb).
Ohta et al. do not teach the ratio of water and glycolic solvent ratio in the range 5:1 or 1:5.
Bauduin teaches a highly permeable superabsorbent is prepared. (Abs). If a solution or suspension is used for coating, the solvent or suspension medium used is a solvent or suspension medium which is chemically compatible both with the superabsorbent and with the additive, i.e. does not enter into any undesired chemical reactions therewith. Typically, water or an organic solvent is used, for example an alcohol or polyol, or mixtures thereof. Examples of suitable solvents or suspension media are water, isopropanol/water, propane-1,3-diol/water and propylene glycol/water, where the mixing ratio by mass is preferably from 20:80 to 40:60. If a suspension medium is used for the stabilizers to be used in accordance with the invention or the inorganic particulate solid, water is preferred. A surfactant can be added to the solution or suspension. (0148).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to prepare a composition of a fungicide with a superabsorbent polyacrylate, and propylene glycol/water and other excipients compatible with the active ingredient, taught by Ohta et al., and the ratio of propylene glycol/water can be varied between the range 20:80 to 40:60 taught by Bauduin, since they have provided examples of a specific active ingredient and a range of propylene glycol/water ratios.
With regard to claim 7,
Ohta et al. teach in an aqueous suspension preparation, in the case of the agrochemical composition of the present invention which is an aqueous suspension preparation, the preferred viscosity range of the agrochemical composition of the present invention where the liquid phase separation during storage is reduced and dischargeability from a bottle is good in the time of use is about 200 to 700 mPa. s, and more preferably about 250 to 650 mPa.s as measured using a B-type viscometer under measurement conditions at rotation number of 30 rpm at 20° C.
Claim(s) 1-4, 6, 10, 12-13 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirsat et al. (WO 2019162770 A1) in view of Bauduin (US 20220288559 A1).
Claims 1, 6 12-13 and 16-17
Shirsat et al. teach a composition comprising fertilizer particles being coated with at least two layers of superabsorbent polymers such that leachate of nitrogen in the soil is substantially decreased. (Abs). In an embodiment, the superabsorbent polymer may be prepared in a slurry form, wherein the slurry maybe prepared using solvents such as polar solvents. (pg. 7, line 15-17). In a preferred embodiment, the polar solvent may be water. (Claim 7, line 19). To a starch based superabsorbent polymer such as a cross-linked acrylamide and starch polymer, a required quantity of distilled water was added. (pg. 14, lines 16-17). Many researchers have used coating polymers or binders such as polyethylene glycol, ethylene glycol etc. (pg. 5, lines 29-30). Ethylene glycol is also a solvent.
Shirsat et al. do not teach the ratio of water and glycolic solvent ratio in the range 5:1 or 1:5.
Bauduin teaches a highly permeable superabsorbent is prepared. (Abs). If a solution or suspension is used for coating, the solvent or suspension medium used is a solvent or suspension medium which is chemically compatible both with the superabsorbent and with the additive, i.e. does not enter into any undesired chemical reactions therewith. Typically, water or an organic solvent is used, for example an alcohol or polyol, or mixtures thereof. Examples of suitable solvents or suspension media are water, isopropanol/water, propane-1,3-diol/water and propylene glycol/water, where the mixing ratio by mass is preferably from 20:80 to 40:60. If a suspension medium is used for the stabilizers to be used in accordance with the invention or the inorganic particulate solid, water is preferred. A surfactant can be added to the solution or suspension. (0148).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to prepare a composition comprising fertilizer particles being coated with at least two layers of superabsorbent polymers, the superabsorbent polymer may be prepared in a slurry form, wherein the slurry maybe prepared using solvents such as polar solvents, the polar solvent may be water and/or ethylene glycol, taught by Shirsat et al., and the ratio of propylene glycol/water can be varied between the range 20:80 to 40:60 taught by Bauduin, since they have provided examples of a specific active ingredient and a range of propylene glycol/water ratios.
With regard to claims 2-3,
Shirsat et al. teach the superabsorbent polymer may be selected from, but not limited to, copolymer of acrylamide and sodium acrylate; hydrolyzed starch- polyacrylonitrile; 2-propenenitrile homopolymer, hydrolyzed, sodium salt; or poly(acrylamide co-sodium acrylate) or poly(2-propenamide-co-2-propanoic acid, sodium salt); starch-g-poly(2propenamide-co-2-propanoic acid, mixed sodium and aluminum salts); starch-g-poly(2-propenamide-co-2-propanoic acid, potassium salt); poly(2-propenamide-co-2-propanoic acid, sodium salt); poly-2-propanoic acid, sodium salt; starch-gpoly(acrylonitrile) or poly(2-propenamide-co-sodium acrylate); starch/acrylonitrile copolymer; crosslinked copolymers of acrylamide and sodium acrylate; acrylamide/sodium polyacrylate crosslinked polymers ; anionic polyacrylamide; starch grafted sodium polyacrylates; acrylic acid polymers, sodium salt; crosslinked potassium polyacrylate/polyacrylamide copolymers ; sodium polyacrylate; superabsorbent polymer laminates and composites; partial sodium salt of crosslinked polypropenoic acid; potassium polyacrylate, lightly crosslinked; sodium polyacrylate, lightly crosslinked; sodium polyacrylates; poly(sodiumacrylate) homopolymer; polyacrylamide polymers, carrageenan, agar, alginic acid, guar gums and its derivatives, and gellan gum; crosslinked polymers made from carrageenan, cassava. In a preferred embodiment, the superabsorbent polymer may be starch-g-poly (2- propenamide-co-2-propenoic acid) potassium salt or crosslinked polyacrylic acid potassium salt. (pg. 6, lines 15-21).
With regard to claim 4,
Shirsat et al. teach in an embodiment, the second coating of superabsorbent polymer may be a dry powder or granular form. The superabsorbent polymer having particle size of about 0.1 to 150 microns. (pg. 7, lines 23-25). which are corresponding to 2700-3000 mesh size to 100 mesh size. (https://gacc.nifc.gov/nrcc/dispatch/equipment_supplies/agree-contract/forms/MicronMesh.pdf).
Claim 10,
Shirsat et al. teach a composition comprising fertilizer particles being coated with at least two layers of superabsorbent polymers. (Abs).further additives such as inert fillers, binding agents, surfactants, dispersing agents and the like may be added to the composition of the present invention. (pg. 12, lines 16-17). In an embodiment, the superabsorbent polymer may be prepared in a slurry form, wherein the slurry maybe prepared using solvents such as polar solvents. (pg. 7, line 15-17). In a preferred embodiment, the polar solvent may be water. (Claim 7, line 19). Many researchers have used coating polymers or binders such as polyethylene glycol, ethylene glycol etc. (pg. 5, lines 29-30). Ethylene glycol is also a solvent.
Shirsat et al. do not teach the ratio of water and glycolic solvent ratio in the range 5:1 or 1:5.
Bauduin teaches a highly permeable superabsorbent is prepared. (Abs). If a solution or suspension is used for coating, the solvent or suspension medium used is a solvent or suspension medium which is chemically compatible both with the superabsorbent and with the additive, i.e. does not enter into any undesired chemical reactions therewith. Typically, water or an organic solvent is used, for example an alcohol or polyol, or mixtures thereof. Examples of suitable solvents or suspension media are water, isopropanol/water, propane-1,3-diol/water and propylene glycol/water, where the mixing ratio by mass is preferably from 20:80 to 40:60. If a suspension medium is used for the stabilizers to be used in accordance with the invention or the inorganic particulate solid, water is preferred. A surfactant can be added to the solution or suspension. (0148).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to prepare a composition comprising fertilizer particles being coated with at least two layers of superabsorbent polymers, the superabsorbent polymer may be prepared in a slurry form, wherein the slurry maybe prepared using solvents such as polar solvents, the polar solvent may be water and/or ethylene glycol, and including additional additives like dispersing agents, surfactants taught by Shirsat et al., and the ratio of propylene glycol/water can be varied between the range 20:80 to 40:60 taught by Bauduin, since they have provided examples of a specific active ingredient and a range of propylene glycol/water ratios.
Claim(s) 1 and 5, 7-8, is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirsat et al. (WO 2019162770 A1) in view of Bauduin (US 20220288559 A1) and further in view of Lopez Villanueva et al. (US 9834486 B2).
Claim 5,
The teachings of Shirsat et al. and Bauduin are described in claim 1 above.
Shirsat et al. teach the superabsorbent polymer may be selected from but not limited to water-swell able or water absorbing or water-retentive polymers such as cross-linked polymers that swell without dissolving in the presence of water, and may, absorb at least 10, 100, 1000, or more times their weight in water. (pg. 4, lines 12-15).
Shirsat et al. and Bauduin do not teach wherein the superabsorbent polymer is having moisture content ranging from 5% w/w to 15% w/w of the total weight of the superabsorbent polymer.
Lopez Villanueva et al. teach polymers suitable for absorbing and storing several times their own weight of aqueous liquids are known. For such polymers, names such as “superabsorbent”, “high-swellability polymer”, “hydrogel” (often also used for the dry form), “hydrogel-forming polymer”, “water-absorbing polymer”, “absorbent gel-forming material”, “swellable resin”, “water-absorbing resin”, “water-absorbing polymer”. These polymers are crosslinked hydrophilic polymers, more particularly polymers formed from (co)polymerized hydrophilic monomers, graft (co)polymers of one or more hydrophilic monomers on a suitable graft base. The most common being polymers based on partly neutralized acrylic acid. The essential properties of such polymers are their abilities to absorb several times their own weight of aqueous liquids and not to release the liquid again even under a certain pressure. High-swellability polymers of this kind, which are typically used in the form of a dry powder, are converted to a gel when they absorb fluid, and correspondingly to a hydrogel when they absorb water as usual. Crosslinking is essential for synthetic high-swellability polymers and is an important difference from customary straightforward thickeners, since it leads to the insolubility of the polymers in water. (Col. 1, lines 15-41). The monomers A in the aqueous suspension used for polymerization are in at least partly neutralized form, i.e. at least some of the monomers A are in the form of the acid anion ions or in deprotonated form. Suitable counterions to maintain charge neutrality are particularly alkali metal ions such as sodium and potassium ions. More preferably, the neutralized monomers A are in the form of their sodium or potassium salts. Especially, the neutralized monomers A are in the form of their potassium salts. (Col. 5, lines 8-17). The content of moisture (water and any solvents) is not more than 20% by weight, particularly not more than 10% by weight. (Col. 17, lines 19-21). The polymer composites obtainable in accordance with the invention feature good water absorption capacity and good water retention capacity. In general, the water absorption capacity is at least 20 g, particularly at least 40 g and especially at least 50 g per g of polymer composite, calculated as oven-dry material (dry weight). Frequently, the water absorption capacity is in the range from 20 to 500 g per g of polymer (dry weight). (Col. 18, lines 40-47).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to prepare a composition of a fungicide with a superabsorbent polyacrylate, and propylene glycol/water and other excipients compatible with the active ingredient, water absorption at least 10, 100, 1000, or more times their weight in water taught by Shirsat et al., and the ratio of propylene glycol/water can be varied between the range 20:80 to 40:60 taught by Bauduin, and to have moisture content of 0.5-20% by weight, and the water absorption capacity is in the range from 20 to 500 g per g of polymer (dry weight), taught by Lopez Villanueva et al., since they have proven it would be possible to do so.
With regard to claim 7,
Lopez Villanueva et al. teach by using the aqueous liquid, it is possible to impart an initial viscosity advantageous for the performance of the reactions to the system, i.e. to the reaction mixture. Typically, the initial viscosity (determined to DIN EN 2555-2000 by means of a Brookfield viscometer at 23° C. at a shear gradient of <10 sec.sup.−1) in the range from 10 to 2000 mPa.s, in particular from 10 to 1000 mPa.s. (57).
With regard to claim 8,
Shirsat et al. teach in an embodiment, the first coating of superabsorbent polymer may contain about 0.1 to about 10%. (Claim 7, line 13-14). In an embodiment, the superabsorbent polymer may be prepared in a slurry form, wherein the slurry maybe prepared using solvents such as polar solvents. (pg. 7, line 15-17). In a preferred embodiment, the polar solvent may be water. (Claim 7, line 19). Many researchers have used coating polymers or binders such as polyethylene glycol, ethylene glycol etc. (pg. 5, lines 29-30). Ethylene glycol is also a solvent.
Lopez Villanueva et al. teach the aqueous liquids include, as well as water, also solvent-water
mixtures, but these may generally comprise up to 10% by weight, based on the aqueous liquid, of organic water miscible solvents. (Col. 9, lines 50-54).
Claim(s) 1 and 9, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirsat et al. (WO 2019162770 A1) or Ohta et al. (US 20200236943 A1) in view of Bauduin (US 20220288559 A1) and further in view of Chen et al. (AU 2015201322 A1).
Claim 9,
The teachings of Shirsat et al. or Ohta et al. and Bauduin are described in claim 1 above.
Shirsat et al. or Ohta et al. and Bauduin do not teach the solvent system comprises from
about 1% w/w to about 50% w/w water and from about 10% w/w to about 80% w/w glycol, of the total weight of the composition.
Chen et al. teach formulations comprising at least one spore in a mixture of water and at least one water miscible solvent, optionally at least one surfactant, optionally at least one stabilizer such as a metal salt, optionally at least one biocide, optionally at least one buffer, and optionally at least one chemical insecticide or fungicide or a mixture thereof. The formulations are particularly suitable as a seed coating and foliar spray. (Abs). An agriculturally acceptable stable aqueous formulation wherein the polar water miscible organic solvent comprises propylene glycol, (0018); the ionic water-soluble polymer is selected from polyacrylate, or a sodium salt of said polyacrylate or combination thereof, (0021); The non-swelling water miscible solvent may be present in the range of about 2% w/w to about 90% w/w. Water may be used in any event in sufficient amount to bring the total formulation weight to 100%, (0060), so when solvent like propylene glycol is 60%, then water is less than 40%.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to prepare a composition of a fungicide with a superabsorbent polyacrylate, and propylene glycol/water and other excipients compatible with the active ingredient, water absorption at least 10, 100, 1000, or more times their weight in water taught by Shirsat et al., and the ratio of propylene glycol/water can be varied between the range 20:80 to 40:60 taught by Bauduin, and to have 2-90% solvent like propylene glycol, so when propylene glycol is >60%, then water is less than 40% taught by Chen et al., since they have proven it would be possible to do so.
With regard to claim 11,
Chen et al. teach the surfactant is selected from the group consisting of a nonionic
surfactant, an anionic surfactant and combinations thereof. (Claim 11a, pg. 34). Anionic surfactants include phosphates of fatty alcohol ethoxylate, phosphates of alkylphenol ethoxylate. (0044). Non-ionic surfactants include tristyrylphenol ethoxylates, fatty alcohol ethoxylates. (0045).
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGOC-ANH THI NGUYEN whose telephone number is (571)270-0867. The examiner can normally be reached Monday - Friday 8:00 am.
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, Robert A Wax can be reached at 571-272-0623. 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.
/NGOC-ANH THI NGUYEN/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
Prosecution Insights