DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Status of the Claims
Claims 1-19 are pending. Claims 14-19 are withdrawn. Claims 1-13 are under consideration in this action.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-13) in the reply filed on January 23, 2026 is acknowledged.
Claims 14-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 23, 2026.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed applications, Application No. 15/760,468, PCT/EP2016/071810, EP15185212.6, and BE2016/0011, fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Specifically, the aforementioned prior-filed applications do not appear to provide adequate support for the full scope of: (i) solubilizing agents recited in claim 5; (ii) the concentration of the at least one hydroxycinnamic acid derivative oligomer recited in claim 9; and (iii) the additional components recited in claims 10 and 12.
With regards to (i), while the prior-filed applications provide support for inclusion of at least one solubilizing agent in general, the first appearance of the specific solubilizing agents recited in claim 5 (e.g., non-ionic surfactants and/or non-ionic surfactant aqueous solutions, and organic solvents with a polarity lower than water) is the instant application; the first appearance of the specific non-ionic surfactants and/or non-ionic surfactants aqueous solutions recited in claim 6 is the instant application; the first appearance of ethyl lactate recited in claim 7 is the instant application; and the first appearance of polyethylene glycols with a low molecular weight as recited in claim 8 is the instant application. Therefore, Claims 5-8 will have the priority date of December 28, 2023.
With regards to (ii), the first appearance of the concentration of the at least one hydroxycinnamic acid derivative oligomer recited in claim 9 is in the instant application. Therefore, Claim 9 will have the priority date of December 28, 2023.
With regards to (iii), the first appearance of the further inclusion of herbicides, fungicides, insecticides, or combinations thereof as recited in claims 10 and 12 is the instant application. Therefore, Claims 10-13, which incorporate the above limitation, will have the priority date of December 28, 2023.
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.
Claims 2, 3, 8, and 9 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.
With regards to Claim 2, line 2 recites “selected from the group comprising.” As written, the claim is indefinite because it is unclear what additional elements are encompassed by the group. It is noted that the proper Markush Group language is “selected from the group consisting of…and….”
Claim 3 recites “preferably” in line 2. The term renders the claim indefinite because it is unclear whether the limitations following the term are part of the claimed invention. See MPEP § 2173.05(d).
Claim 8 recites the phrase “such as” in line 2. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 9 recites the term “preferably” in line 2 and the phrases “more preferably” and “even more preferably” in lines 2-3. The term and phrases render the claim indefinite because it unclear whether limitations following the term/phrases are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102 and 35 USC § 103
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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Desai et al. (Desai) (US 2012/0027691 A1; published Feb. 2, 2012).
Desai discloses cinnamic acid-based oligomers and therapeutic uses thereof. The oligomers are used as anti-inflammation agents, inhibitors of elastase, and antioxidants, and in some cases (e.g. the treatment of lung disorders such as lung cancer) all three activities are simultaneously beneficial (abstract; para.0002, 0032). One class of oligomers is derived from caffeic acid (CA), one from ferulic acid (FA), and one from sinapic acid (SA) (para.0008).
With regards to Claims 1-3, Desai provides oligomers (or low molecular weight polymers) comprising monomeric subunits based on cinnamic acid-based monomers such as a caffeic acid, ferulic acid, or sinapic acid, or combinations thereof. Generally, the number of monomeric units in an oligomer ranges from about 2 (reading on a dimer) to about 20. The average molecular weight of the oligomeric mixture may be 3000-5000 (para.0029).
Prior to use in their methods, Desai discloses that the oligomers are treated to eliminate unwanted chemical reactants, i.e. they are isolated and/or substantially purified by methods known to those of skill in the art, e.g. by column chromatography, dialysis, etc. and re-suspended in a physiologically compatible buffer or carrier. In some embodiments, the oligomers may be fractionated in order to select oligomers of a particular size range, molecular weight, composition, activity, etc. Depending on the use of the preparation, the final material that is used in a method may comprise one or more types of oligomers, i.e. may comprise only a single species of oligomer, or may comprise a plurality of oligomer species (para.0031).
With regards to the limitation in Claim 1 “wherein said composition comprises at most 3% of hydroxycinnamic acid derivative monomer,” as discussed above, Desai discloses that the oligomers are isolated/purified prior to use then resuspended in a carrier. Therefore, the resulting composition (isolated/purified oligomer in a carrier) would have only the oligomer, i.e. none of the monomer, thus reading on a composition comprising 0% of hydroxycinnamic acid derivative monomer.
Alternatively, in light of Desai’s disclosure that the oligomers are the active product and discloses isolating/purifying the oligomer prior to using in their treatment methods, and discloses that the oligomers may also be fractionated to select oligomers of a particular size range, molecular weight, etc., one of ordinary skill in the art would have found it prima facie obvious before the effective filing date of the instant invention to isolate/purify for the oligomer desired for the treatment method, ensuring that it is no longer mixed with any of the non-oligomerized monomer and oligomers that are not desired for the treatment method (thus reading on a composition comprising 0% of hydroxycinnamic acid derivative monomer). One of ordinary skill in the art would have been motivated to do so in order to ensure a pure end product that is ready for use, thus ensuring the safety and efficacy of the composition for use in the treatment. One of ordinary skill in the art would have had a reasonable expectation of success in doing so as Desai explicitly discloses isolating/purifying the oligomer for use and discloses that the oligomers may be fractioned to select for the desired oligomer. Furthermore, as noted by Desai, methods of isolating and/or substantially purifying the oligomer are known to those of skill in the art.
With regards to the preamble of Claim 1, a recitation of the intended use of the claimed invention, for improving abiotic stress tolerance in plants in the instant application, must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Note: MPEP 2111.02. In the present case, there appears to be no structural difference between the claimed invention and the prior art, and nothing in the prior art disclosure that would impede its use as the claimed intended use. Thus, absent evidence to the contrary, the prior art structure is capable of performing the intended use and thus meets the claim.
With regards to Claim 4, the compositions include one or more isolated and/or substantially purified oligomers and a pharmaceutically suitable carrier (para.0039). Desai does not appear to require the inclusion of a solubilizing agent. Thus, absent evidence to the contrary, Desai encompasses embodiments wherein their compositions do not include solubilizing agents.
With regards to Claims 5 and 7, Desai discloses that the active ingredients may be mixed with excipients which are pharmaceutically acceptable and compatible with the active ingredients. Among the suitable excipients include ethanol (organic solvent with a polarity lower than water) (para.0039).
With regards to Claim 6, it is noted that the claim, which depends from claim 5, as currently written further narrows to specific non-ionic surfactants and/or non-ionic surfactants aqueous solutions, but does not positively recite that the composition includes non-ionic surfactants and/or non-ionic surfactant aqueous solutions. Thus, as currently written, the claim is interpreted as the composition further comprising at least one solubilizing agent chosen from the group recited in claim 5, but if a non-ionic surfactant and/or non-ionic surfactant aqueous solution is included, it must be one from those recited in claim 6. In the present case, Desai’s composition includes an organic solvent with a polarity lower than water, and thus also reads on claim 6.
With regards to Claim 8, it is noted that the claim, which depends from claim 5, as currently written further narrows to specific polyethylene glycols (PEGs), but does not positively recite that the composition includes polyethylene glycols. Thus, as currently written, the claim is interpreted as the composition further comprising at least one solubilizing agent chosen from the group recited in claim 5, but if a polyethylene glycol is included, it must be one from those recited in claim 8. In the present case, Desai’s composition includes an organic solvent with a polarity lower than water, and thus also reads on claim 8.
Claims 1-9 are rejected under 35 U.S.C. 103 as obvious over Desai et al. (Desai) (US 2012/0027691 A1; published Feb. 2, 2012).
The teachings of Desai as it applies to Claims 1-8 are set forth above and incorporated herein. Additional relevant teachings of Desai are set forth herein below.
With regards to Claim 9, Desai discloses that the final amount of the oligomer(s) in the formulations may vary. However, in general, the amount of the formulations will be from about 1-99% (para.0039). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to engage in routine experimentation to determine optimal or workable ranges that produce expected results. The adjustment of particular conventional working conditions (e.g., determining result effective amounts of the active ingredient beneficially taught by the cited reference) based on art recognized factors, such as the condition to be treated, its severity, the dosage form, treatment frequency, whether the dosage form is made for a large production batch, etc., is deemed merely a matter of judicious selection and routine optimization which is well within the purview of the skilled artisan. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F. 2d 454, 105 USPQ 233 (CCPA 1955).
Therefore, the claimed invention, as a whole, would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention, because the teachings of the prior art references is fairly suggestive of the claimed invention.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cabrera Pino et al. (Cabrera Pino) (US 2018/0242579 A1; published Aug. 30, 2018), Kanatas et al. (Kanatas) (Agronomy; published Dec. 16, 2022), and Robbins et al. (Robbins) (US 2022/0272987 A1; published Sept. 1, 2022).
Note: The rejection set forth herein are directed to claims with the priority date of December 28, 2023.
Cabrera Pino discloses a composition comprising at least one hydroxycinnamic acid derivative oligomer, wherein said composition comprises at most 3% of hydroxycinnamic acid derivative monomer, expressed in percent relative to the total hydroxycinnamic derivative oligomers of the composition (Cabrera Pino claim 1).
The composition is used as a biostimulant for improving stress tolerance of a plant (para.0129). The composition is for improving stress tolerance of a plant, wherein said stress is abiotic or biotic (para.0024). Among the abiotic stress include hydric stress, drought, osmotic stress, thermal stress, nutrient deficiency, and chemical stress generated by metallic or organic pollutant in the soil to grow said plant (para.0024).
With regards to Claim 10, the composition is in liquid form, such as in the form of a foliar spray (para.0132).
With regards to Claim 12, the composition is a coating composition, preferably a seed coating composition (para.0134).
Cabrera Pino does not appear to explicitly disclose wherein the composition further comprises herbicides, fungicides, insecticides, or combinations thereof. Kanatas and Robbins are relied upon for this disclosure. Their teachings are set forth herein below.
Kanatas discloses that combining herbicides and biostimulants shows potential to achieve good weed management while improving crop yields and quality and thus lower herbicide rates could be used for sufficient weed control in full agreement with the goals of Green Deal and agroecology approaches (abstract).
Kanatas discloses that plants are threatened by several biotic factors like pests and weeds, especially in the case of low growth rate crops. Herbicides are widely used due to the sufficient weed management they often provide (p.1, Introduction, para.1).
Kanata discloses that it is widely known that biostimulants play an essential role in modern agricultural management, since they can increase crop yield or prevent crop yield losses due to abiotic stresses. They improve water supply and increase nutrition efficiency, which is important for plant growth and productivity (p.2, 3.1 Crop Yield, para.1).
Robbins discloses a composition comprising a combination of a carbonate or bicarbonate compound, an acid, a biostimulant, a nutrient, and a pesticide (abstract). Among the suitable pesticides include fungicide, herbicide, and insecticide (para.0031). The biostimulant, nutrient, and pesticide may be supplied together in the form of a blended product (para.0032).
With regards to the further inclusion of herbicides, fungicides, insecticides, or combinations thereof as recited in Claims 10 and 12, one of ordinary skill in the art would have found it prima facie obvious before the effective filing date of the instant invention to combine the teachings of Cabrera Pino with the teachings of Kanatas and Robbins and further include pesticides such as herbicides into Cabrera Pino’s composition, which used as a biostimulant for improving stress tolerance of a plant. One of ordinary skill in the art would have been motivated to do so in order to obtain the advantage of improving a plant’s stress tolerance to abiotic and biotic stressors, and improving crop yields and quality while also achieving good weed management while lowering herbicide rates, which would also be in line with goals of Green Deal and agroecology approaches (Kanatas). One of ordinary skill in the art would have had a reasonable expectation of success in doing so as both Cabrera Pino and Kanatas are both directed to formulation components directed to improving abiotic and biotic stress tolerance in plants, and Robbins discloses that biostimulants and pesticides (e.g., herbicides) are known to be blended together in a single formulation.
With regards to Claims 11 and 13, the limitations are directed to an intended use of the composition (i.e., application rate when the composition is applied). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Note: MPEP 2111.02. In the present case, there does not appear to be a structural difference between the claimed invention and the composition of the combined teachings of the cited prior art references as discussed above. Furthermore, the composition of the combined teachings of the cited prior art references do not preclude or impede the prior art composition from performing the claimed intended use (application rate). Thus, absent evidence to the contrary, as the prior art structure is capable of performing the intended use, it meets the claims.
Therefore, the claimed invention, as a whole, would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention, because the combined teachings of the prior art references is fairly suggestive of the claimed invention.
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 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 16 of U.S. Patent No. 11,896,009 B2 (USPN 009) in view of Kanatas et al. (Kanatas) (Agronomy; published Dec. 16, 2022), Robbins et al. (Robbins) (US 2022/0272987 A1; published Sept. 1, 2022), and Thompson (US 2018/0325103 A1; published Nov. 15, 2018).
Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims claim substantially similar and overlapping compositions for improving abiotic stress tolerance in plants comprising at least one hydroxycinnamic acid derivative oligomer, wherein said composition comprises at most 3% of hydroxycinnamic acid derivative monomer, expressed in percent relative to the total hydroxycinnamic derivative oligomers of the composition.
The primary differences between the instant claims and the cited claims of USPN 009 are that the claims of USPN 009 do not appear to explicitly claim: (i) the further inclusion of herbicides, fungicides, insecticides, or combinations thereof; (ii) the further inclusion of at least one solubilizing agent from those recited in claim 5. Kanatas, Robbins, and Thompson are relied upon for these disclosures. The teachings of Kanatas and Robbins are set forth above and incorporated herein. The teachings of Thompson are set forth herein below.
Thompson discloses agricultural composition for improving crop productivity and enhancing plant phenotypes. The compositions include an osmoprotectant and one or both of an anti-desiccant and an anti-respirant (abstract). Anti-respirant agents are used to increase adhesion in the soil or agricultural compositions and increase the delivery and the absorption of the composition into the plant or plant part. These agents help to slow or prevent excessive water loss or minimize water loss through transpiration (para.0234). Anti-respirants also act as anti-transpirants in plants to minimize water loss from transpiration (para.0233). Among the suitable anti-transpirants that can be used include ethyl alcohol (ethanol) (para.0245).
With regards to the further inclusion of herbicides, fungicides, insecticides, or combinations thereof, one of ordinary skill in the art would have found it prima facie obvious before the effective filing date of the instant invention to combine the claims of UPSN 009 with the teachings of Kanatas and Robbins and further include pesticides such as herbicides into USPN 009’s claimed composition for improving abiotic stress tolerance in plants. One of ordinary skill in the art would have been motivated to do so in order to obtain the advantage of improving a plant’s stress tolerance to abiotic and biotic stressors, and as improving crop yields and quality while also achieving good weed management while lowering herbicide rates, which would also be in line with goals of Green Deal and agroecology approaches (Kanatas). One of ordinary skill in the art would have had a reasonable expectation of success in doing so as both USPN 009 and Kanatas are both directed to formulation components directed to improving abiotic and biotic stress tolerance in plants, and Robbins discloses that biostimulants and pesticides (e.g., herbicides) are known to be blended together in a single formulation.
With regards to Claims 11 and 13, the limitations are directed to an intended use of the composition (i.e., application rate when the composition is applied). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Note: MPEP 2111.02. In the present case, there does not appear to be a structural difference between the claimed invention and the composition of the combined teachings of the cited prior art references as discussed above. Furthermore, the composition of the combined teachings of the cited prior art references do not preclude or impede the prior art structure from performing the claimed intended use (application rate). Thus, absent evidence to the contrary, as the prior art structure is capable of performing the intended use, it meets the claims.
With regards to Claim 9, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to engage in routine experimentation to determine optimal or workable ranges that produce expected results. The adjustment of particular conventional working conditions (e.g., determining result effective amounts of the active ingredient beneficially taught by the cited reference) based on art recognized factors, such as the condition of the crops to be treated, its severity, the formulation type, application frequency, etc., is deemed merely a matter of judicious selection and routine optimization which is well within the purview of the skilled artisan. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F. 2d 454, 105 USPQ 233 (CCPA 1955).
With regards to the solubilizing agent as recited in Claim 5, one of ordinary skill in the art would have found it prima facie obvious before the effective filing date of the instant invention to combine the claims of USPN 009 with the teachings of Thompson and further include ethanol (anti-transpirant) into USPN 009’s claimed composition, which is for improving abiotic stress tolerance in plants. One of ordinary skill in the art would have been motivated to do so in order to prevent excessive water loss or minimize water loss through transpiration, which is aligned with the purpose of USPN 009’s claimed composition of improving abiotic stress tolerance in plants. One of ordinary skill in the art would have had a reasonable expectation of success in doing so as both USPN 009 and Thompson are directed to formulation components for agrochemical formulations for improving crop productivity.
With regards to Claim 6, it is noted that the claim, which depends from claim 5, as currently written further narrows to specific non-ionic surfactants and/or non-ionic surfactants aqueous solutions, but does not positively recite that the composition includes non-ionic surfactants and/or non-ionic surfactant aqueous solutions. Thus, as currently written, the claim is interpreted as the composition further comprising at least one solubilizing agent chosen from the group recited in claim 5, but if a non-ionic surfactant and/or non-ionic surfactant aqueous solution is included, it must be one from those recited in claim 6. In the present case, the composition of USPN 009 and Thompson as discussed above includes an organic solvent with a polarity lower than water (ethanol), and thus also reads on claim 6.
With regards to Claim 8, it is noted that the claim, which depends from claim 5, as currently written further narrows to specific polyethylene glycols (PEGs), but does not positively recite that the composition includes polyethylene glycols. Thus, as currently written, the claim is interpreted as the composition further comprising at least one solubilizing agent chosen from the group recited in claim 5, but if a polyethylene glycol is included, it must be one from those recited in claim 8. In the present case, the composition of USPN 009 and Thompson as discussed above includes an organic solvent with a polarity lower than water (ethanol), and thus also reads on claim 8.
Conclusion
Claims 1-13 are rejected. No claims are allowed.
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/MONICA A SHIN/Primary Examiner, Art Unit 1616