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 .
Claims 16-35 filed 4/12/2023 are pending examination.
Election/Restrictions
Applicant’s election without traverse of a) surfactant alkylpolyglucoside and b) co-surfactant Formula 4-1 in the reply filed on 11/17/2025 is acknowledged.
Claims 18-25, 27-28, 30, 32, 34 and 35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected surfactants and co-surfactants, there being no allowable generic or linking claim. Formula 1 and Formula 4-2 are encompassed in election of Formula 4-1 and are therefore encompassed in the claims under examination.
PNG
media_image1.png
134
410
media_image1.png
Greyscale
Claims 16, 17, 26, 29, 31 and 33 are under examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/5/2023, 11/7/2023, 9/19/2024, 1/8/2025 and 8/12/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements were considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16-18, 26, 29, 31, 33 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of copending Application No. 17/416,266 (herein ‘266) in view of Shao et al. (US 2014/0106972). Although the claims at issue are not identical, they are not patentably distinct from each other because the present invention allows for the surfactant to be selected from an alkylpolyglucoside and a co-surfactant of formula 4-1 whereas the copending application requires a co-surfactant of Formula 9 to 14. It is for this reason that Shao et al. is joined. Shao et al. incorporating alkylbenzene sulfonate surfactants of formula I in the herbicide formulations comprising auxinic herbicides to control spray drift (abstract).
PNG
media_image2.png
228
472
media_image2.png
Greyscale
The group R includes branched C12 alkyl chain [0008]. Therefore, the claims are prima facie obvious in view of the copending claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 16, 17, 26, 29, 31 and 33 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 16 recites a co-solvent comprising an anionic head group and a tail group comprising at least two alkyl, alkylene or alkynyl groups which is indefinite. The metes and bounds of what can be encompassed by this cannot be deciphered because it is unclear how the anionic head group and the tail group interact to form the claimed co-surfactant and the claim fails to adequately describe how b) co-surfactant is distinguishable from the surfactant of component a). Claims 17, 26, 29, 31 and 33 are rejected for depending on claim 16.
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.
Claim(s) 16, 17, 26, 29, 31 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bean (WO 00/49873; published August 31, 2000) in view of Shao et al. (US 2014/0106972; published April 17, 2014).
Applicant’s Invention
Applicant claims a liquid composition comprising
30 wt.% of the composition water,
one or more electrolyte agrochemicals dissolved in the water in a total amount of 20 wt.% of the water,
a surfactant system comprising;
alkylpolyglucoside surfactant and
co-surfactant of formula 4-1
PNG
media_image3.png
141
304
media_image3.png
Greyscale
, and
one or more agrochemicals suspended in the water.
With respect to claims 16, 17, 26, 29, 31 and 33 of the instant application, Bean teach a storage-stable aqueous agrochemical concentrate formulation comprising a) an agrochemical electrolyte such as glyphosate, b) a water- insoluble agrochemical system such as diuron, C) and alkylglycoside and d) a co-surfactant that interacts with the alkylglycoside to form a structured aqueous system (abstract; claim 29). The water-insoluble herbicides can include diuron, bensulfuron, chlorimuron, chlorsulfuron, methsulfuron, mesotrione, thifensulfuron and nicosulfuron (page 5, lines 1-5). The water-insoluble is prepared as a finely divided suspension prepared by milling the solid agrochemical in water (page 5, lines 8-13). The alkylglycoside includes alkylglucosides of formula I below, wherein n is 1-3 and R5 is a branched or straight C4-C18 alkyl groups (page 6, lines 1-13; limitation of claims 17 and 31).
PNG
media_image4.png
164
491
media_image4.png
Greyscale
The formulations further include a minor proportion of an ionic surfactant which increases the amount of structuring at high temperature and lowers the amount of alkylglycoside and co-surfactant needed to produces stable formulations (page 6, lines 14-21). The ionic surfactants (component e) include cationic, anionic and amphoteric surfactants including alkyl sulfates, alkyl sulphosuccinates, alkyl phosphates and alkylbenzene sulphonates and their derivatives having at least one long chain alkyl or alkenyl substituent (page 6, line22 through page 7, line 7). The electrolyte is preferably glyphosate in a concentration of greater than 120 g/L, preferably greater than 330 g/I (page 7, lines 13-22). The ionic surfactant is preferably 0 to 1 part by weight per 1 part by weight alkylglycoside (page 8, lines 5-9). The inventive formulations comprises 200 g/L (20% wt/vol.) glyphosate trimesium, 200 g/L diuron, 20 g/l Arquad 16-29 (component e), 98 g/I| Agrimul PG2067 (alkylpolyglycoside where R5 is a mixture of octyl and decyl), 28 g/L octanol and water to 1 liter (page 10, lines 16-30; Example 2, page 11, lines 12-15). Additionally, a formulation comprising 350 g/L (35% wt/vol.) glyphosate trimesium, 100 g/L diuron, 10 g/l Arquad 16-29 (component e) and additional amount of component e) is added to progressively improve stability 20, 30 and 40 respectively), 35 g/l Agrimul PG2067 (alkylpolyglycoside where R5 is a mixture of octyl and decyl), 10 g/L octanol and water to 1 liter (Example 3 page 14, lines 5-17).
Bean et al. teach alkylbenzene sulphonates but does not specify a branched alkylbenzene sulphonate co-surfactant of formula 4-1.
It is for this reason that Shao et al. is joined.
Shao et al. teach spray drift reduced by incorporating one or more alkylbenzene sulfonate surfactants to the mixture (abstract).
PNG
media_image2.png
228
472
media_image2.png
Greyscale
The group R preferably includes branched C12 alkyl chain [0008]. Ninate 411 is a branched C9-C17 linear alkylbenzene sulfonate which shows unexpected reduced spray drift when formulated with 2,4-D [0009; Table 1]. Formulating glyphosate formulations with the alkylbenzene sulfonates also show reduced driftable fines (Table 3).
Both Bean and Shao et al. are drawn to agrochemical compositions comprising glyphosate and alkylbenzene sulfonates. Therefore, it would have been prima facie obvious to one of ordinary skill to combine the teachings Bean and Shao et al. to form a compositions wherein the co- surfactant is a branched alkylbenzene sulfonate of formula 4-1 with a reasonable expectation of success. One of ordinary skill would have been motivated at the time of the invention to combine the teachings of Bean and Shao et al. to form a comprising Formula 4-1 because Shao et al. teach branched C9-C17 alkylbenzene sulfonates aid in reducing spray drift of electrolyte agrochemical formulations comprising glyphosate.
Conclusion
No claims allowed.
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 on 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