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 Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Claim 4 is dependent on claim 8, while claim 8 is not numbered consecutively. The claim numbers should be changed to have claim 4 being dependent claim(s) before it.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 5-6, 8-16, 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coelho et al. (US 20220151237Al) or JP 5066575 B2.
Claims 1-2, 19 and 20,
Coelho et al. teach Systems and methods of preventing or reducing crop damage from pests are provided. In one embodiment, the method comprises: a) applying a mating disruption tactic to a field plot; and b) disrupting expression of one or more target genes in one or more pests, wherein crop damage is reduced in the field plot. In another embodiment, the method comprises applying an attract-and-kill tactic to a field plot, wherein said attract-and-kill tactic comprises: a) applying one or more semiochemicals or factors; and b) disrupting expression of one or more target genes in one or more pests, wherein said disruption is capable of killing the one or more pests, wherein crop damage is reduced in the field plot. (Abs). In some embodiments, the one or more pests is a member of the order Hemiptera. (0029). Pest behavior-modifying semiochemicals such as pheromones to trap pests, (0010), which are aggregation pheromones. “Attractant” refers to a natural or synthetic agent that attracts or lures, for example, animals, insects, birds, etc. Attractants can include: sexual attractants, food attractants, (0054), which include both attractant pheromones and aggregation pheromones and kairomone is attractant kairomone.
Food substrate at these lures can be treated with an RNAi to affect the mortality or reproductive behaviors of the attracted females. The use of pheromones and ds/siRNA specific to a particular species, ensures that there will be no non-target effects. (0291). In another embodiment, the one or more semiochemicals or factors comprise one or more attractants. In another embodiment, the one or more attractants comprise one or more host plant chemical, non-host plant chemical, synthetic volatile chemical, or natural volatile chemical. In another embodiment, the one or more attractants are identified through binding to one or more pest odorant binding proteins. In another embodiment, the one or more attractants comprise one or more host plant volatile chemical. In another embodiment, the one or more host plant volatile chemicals comprise heptanal or benzaldehyde. In another embodiment, the one or more attractants comprise one or more kairomones. In some embodiments, the one or more attractants comprise one or more pheromones or pheromone blends. (0026). Heptanal and benzaldehyde can both function as aggregation pheromones for certain species of Hemiptera, particularly within aldehyde blends. In many cases, the compounds' function can depend on their concentration and the other chemicals present in the blend. In one embodiment, the killing agent can comprise an insecticide or pesticide. In another embodiment, the insecticide or pesticide can comprise a biological insecticide or pesticide, a chemical insecticide or pesticide, a plant incorporated insecticide or pesticide, or any combination thereof. In one embodiment, the insecticide or pesticide is an RNAi-based insecticide or RNAi-based pesticide. (0052).
JP 2010507390 A teaches the present invention relates to pest control, and more particularly, but not exclusively, to the detection, monitoring, and control of insects including, for example, bed bugs. (pg. 2nd, 2nd par.). Bed bugs are a type of hemiptera species. In another embodiment not shown, the disinfection module 118 may be connected directly to the controller 94 and may be run to automatically release the insecticide/pesticide 124. It may react directly to the presence of chemical substance 144. (pg. 6, 3rd par.). The biochemical substance 144 may be any compound or combination of compounds that is clearly associated with a bed bug biochemical reaction. In one form, the biochemical 144 is a bed bug saliva, exoskeleton, lost touch, and other body parts, pheromones ,hormones, kairomones. (pg. 7, 3rd par.). An attractant may be used to attract bed bugs to a location. The attractant and / or the combination of the attractant and bait and / or insecticide are provided in the text of the following specification relating to the attractant source 346 and bait 362. (pg. 10, 2nd par.). The attractant source 346 may include one or more attractants associated with bed bugs. As non-limiting examples, pheromones may be included in one or more forms of aggregated or aggregated pheromones. (pg. 15, 3rd par.).
With regard to claims 5-6,
Coelho et al. teach the pheromone compositions disclosed herein can be formulated as a microencapsulated pheromone. Microencapsulated pheromones (MECs) are small droplets of pheromone enclosed within polymer capsules. The capsules control the release rate of the pheromone into the surrounding environment, and are small enough to be applied in the same method as used to spray insecticides. The effective field longevity of the microencapsulated pheromone formulations can range from a few days to slightly more than a week, depending on inter alia climatic conditions, capsule size and chemical properties. (0199). The present disclosure provides a wick or trap capable of emitting pheromone for a period of time, especially about two weeks, and generally between about 1 and 4 weeks and up to 6 weeks, which may be rotated or replaced by subsequent similar traps. A plurality of traps containing the pheromone composition may be placed in a locus, e.g., adjacent to a crop field. The locations of the traps, and the height of the traps from ground may be selected in accordance with methods known to one skilled in the art. (0224). As will be apparent to one of skill in the art, the amount of a pheromone or pheromone composition used for a particular application can vary depending on several factors such as the type and level of infestation; the type of composition used; the concentration of the active components; how the composition is provided, for example, the type of dispenser used; the type of location to be treated; the length of time the method is to be used for; and environmental factors such as temperature, wind speed and direction, rainfall and humidity. Those of skill in the art will be able to determine an effective amount of a pheromone or pheromone composition for use in a given application. (0226).
With regard to claims 8-15,
Coelho et al. teach at least one pesticide is Pyrethroids, Bifenthrin, Thiamethoxam, gamma-Cyhalothrin, Ethiprole, Imidacloprid, Cypermethrin, or Fipronil. (0059, Table 1).
JP 2010507390 A teaches Pyrethrin I & II, Bifenthrin, Thiamethoxam, gamma-Cyhalothrin, Ethiprole, Imidacloprid, Cypermethrin, or Fipronil. (pg. 17, 1st par.).
With regard to claims 16,
Coelho et al. teach applying an attract-and-kill tactic comprises applying one or more semiochemicals or factors and disrupting expression of a target gene in one or more pests. In one embodiment, the one or more semiochemicals comprise one or more pheromones or pheromone blends. In one embodiment, the disruption in expression of the target gene injures or kills the pest. In another embodiment, the one or more pests is a sucking pest. In a further embodiment, the sucking pest is a stink bug. (0158). An aggregation pheromone is a type of semiochemical. Semiochemical is the broad term for any chemical signal that influences the behavior of another organism, while pheromones are semiochemicals that only affect members of the same species. Aggregation pheromones, a category of pheromones, are produced by an individual to attract other members of its own species to a specific location, such as a feeding or breeding site. So Coelho et al. teach aggregation pheromones on stink bugs. https://www.depts.ttu.edu/animalwelfare/Research/Pheromones/Index.php#:~:text=Semiochemicals%2C%20Pheromones%2C%20Interomones%20and%20other,from%20growing%2C%20and%20much%20more.
With regard to claim 18,
Coelho et al. teach In another embodiment, the one or more attractants comprises one or more kairomones. (0153).
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 and 8 and 3-4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable by Coelho et al. (US 20220151237Al) or JP 5066575 B2 as applied in claims 1-2 and 8 above, in view of Yadagani et al. (US 20240315251 A1).
The teachings of Coelho et al. and JP 5066575 B2 are described in claims 1-2 and 8 above.
Coelho et al teach as will be apparent to one of skill in the art, the amount of a pheromone or pheromone composition used for a particular application can vary depending on several factors such as the type and level of infestation; the type of composition used; the concentration of the active components; how the composition is provided, for example, the type of dispenser used; the type of location to be treated; the length of time the method is to be used for; and environmental factors such as temperature, wind speed and direction, rainfall and humidity. Those of skill in the art will be able to determine an effective amount of a pheromone or pheromone composition for use in a given application, (0226), so Coelho et al. do not teach the exact concentration of pesticides or the administration of composition volume per hectage.
Yadagani et al. teach the amount of bifenthrin pesticide in the composition is of about 0.1% to about 90% by weight by weight, based on the total weight of the composition. In a preferred embodiment, the amount of bifenthrin in the composition is of about 0.5% to about 50% by weight by weight, based on the total weight of the composition. In a more preferred embodiment, the amount of bifenthrin in the composition is of about 1% to about 10% by weight, based on the total weight of the composition, (0089), to control Stink Buds Adults. (0401). In an embodiment, the solid agrochemical composition is applied in an amount from about 0.1 L/ha to of about 1 L/ha. In a more preferred embodiment, the solid agrochemical composition is applied in an amount of about 0.8 L/ha. (0324).
The percentage of the pesticide is used should be varied depending on the hemiptera species to control, on the efficacy of the pesticides, its formulation, the conditions of the infection, how fast the control should be and environmental conditions. It is not possible to specify a specific percentage of a pesticide used for Hemiptera in general, or for any other specific group of pests. Use data is not categorized by how much of a chemical is applied to control a particular type of insect. Instead, the available data focuses on the efficacy of these pesticides in controlling various hemipteran pests, as well as the active ingredient concentration in specific products and the overall annual usage of pesticides.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to prepare the combination of at least one insecticide, at least one pheromone and at least one kairomone attractant to the field, taught by Coelho et al. or JP 5066575 B2 and to have a percentage of the Bifenthrin within 1-10% and to be applied about 0.1-1L/ha, taught by Yadagani et al., since they have provide the concentration of that specific pesticide, with a specific formulation, for specific type of hemiptera species. These data depend on the hemiptera species to control, on the efficacy of the pesticides, its formulation, the conditions of the pest infection, how fast the control should be and environmental conditions.
Claim(s) 1 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable by Coelho et al. (US 20220151237Al) or JP 5066575 B2 as applied in claim 1 above, in view of Gosh et al. (US 20180023083 A1).
The teachings of Coelho et al. and JP 5066575 B2 are described in claim 1 above.
Coelho et al. teach pheromones, natural or synthetic agent that attracts or lures, for example, animals, insects, birds, etc. Attractants can include food attractants, (0054) and nymphs, (0297), but do not explicitly teach the aggregation pheromone is attractive to stink bug nymphs.
Ghosh et al. teach compositions and methods to control insect pest, the brown marmorated stink bug, (Abs), and stereoisomers of the male aggregation pheromone bisabolane skeleton and its epoxides, 3S,6S,7R,10S)-10,11-epoxy-1-bisabolen-3-ol and (3R,6S,7R,10S)-10,11-epoxy-1-bisabolen-3-ol that attracted males, females and nymphs. (0110).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to prepare the combination of at least one insecticide, at least one pheromone and at least one kairomone attractant to the field, taught by Coelho et al. or JP 5066575 B2 and to include aggregation pheromone bisabolane skeleton and its epoxides, 3S,6S,7R,10S)-10,11-epoxy-1-bisabolen-3-ol and (3R,6S,7R,10S)-10,11-epoxy-1-bisabolen-3-ol that attracted males, females and nymphs, taught by Ghosh et al. so they could be used to control insects more effectively.
Conclusion
No claim is allowed.
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/NGOC-ANH THI NGUYEN/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615