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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-12 and 18 in the reply filed on 01/09/2026 is acknowledged. The traversal is on the ground(s) that the search for a composition comprising at least one fire ant food source and at least one fire ant venom alkaloid, the composition optionally comprising a carrier and/or an insecticide of Group I would absolutely encompass a search for a method for selectively attracting fire ants over non-target organisms using such compositions of Group II. This is not found persuasive because the method of claim 13 requires selectively attracting fire ants over non-target organisms wherein the composition of claim 1 does not require selectively attracting fire ants over non-target organisms, therefore there is a search and examination burden for each group.
The requirement is still deemed proper and is therefore made FINAL.
Claims 13-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 01/09/2026.
Status of the Claims
Claims 1-18 are pending. Claims 13-17 have been withdrawn.
Claims 1-12 and 18 are currently under examination.
Information Disclosure Statement
Initialed and dated copies of Applicants’ information disclosure statements (IDS) filed on 01/09/2026 is attached to the instant Office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 5-6, and 18 are rejected under 35 U.S.C. 102(a)(I) as being anticipated by Bowen et al. (US6369078B1, Published 04/09/2002).
The claims are drawn to a composition comprising at least one fire ant food source and at least first ant venom alkaloid, wherein the composition optionally comprises a carrier and/or an insecticide.
Regarding claims 1, 5-6 and 18, Bowen discloses in claim 1, A method for reducing or eradicating a population or for reducing or preventing the spread of a colony of fire ants comprising exposing to said population of fire ants a composition (i.e., kit) comprising an effective amount of a trans-2,6-disubstituted piperidine (i.e., fire ant venom alkaloid) compound according to the structure:
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wherein R1 and R2 are selected from a C1 to C20 saturated or unsaturated linear, cyclic or branch-chained substituted or unsubstituted hydrocarbon group, a substituted or unsubstituted aromatic group or an ester group and salts thereof; in combination with a bait and optionally, a carrier. The Examiner interprets the term “bait” of the prior art to read on “fire ant food source” as instantly claimed. Bowen et al defines “bait” to mean “a carrier which is an attractant to fire ants. Preferred baits include food products or other materials which attract or draw fire ants to it and which the fire ant ingests or takes back to its colony so that other fire ants may ingest the material. As used herein, the term bait shall be directed to any material which is sought after by a fire ant and includes numerous types of insect bait. The term bait includes, for example, any material or substance which is formulated or may be formulated for the biology, feeding behavior and food preferences of fire ants and includes materials which contain, for example, any one or more of sucrose, fructose, proteins, peptides, amino acids, and different salts and minerals and other materials which the fire ant obtains from the environment. Suitable baits can include for example, sugar, jelly, peanut oil, soybean oil, corn oil, other vegetable oils, peanut butter, honey, and related food items, including grains, cereals, soy protein etc.” (column 11, lines 51-67). The Examiner points out that it is clear that bait is intended to be a fire ant food source to attract the fire ants, therefore reading to the instantly claimed limitation “fire ant food source”.
Accordingly, Bowen anticipated the claimed invention.
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 nonobviousness.
Claims 1-12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al. (US6369078B1, Published 04/09/2002).
Applicant’s Invention
Applicant’s claims are drawn to a composition comprising at least one fire ant food source and at least one fire ant venom alkaloid, wherein the composition optionally comprises a carrier and/or an insecticide.
Determination of the scope and the content of the prior art
(MPEP §2141.01)
Regarding claims 1-6 and 18, Bowen teaches in claim 1, A method for reducing or eradicating a population or for reducing or preventing the spread of a colony of fire ants comprising exposing to said population of fire ants a composition (i.e., kit) comprising an effective amount of a trans-2,6-disubstituted piperidine (i.e., fire ant venom alkaloid) compound according to the structure:
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wherein R1 and R2 are selected from a C1 to C20 saturated or unsaturated linear, cyclic or branch-chained substituted or unsubstituted hydrocarbon group, a substituted or unsubstituted aromatic group or an ester group and salts thereof; in combination with a bait and optionally, a carrier. The Examiner interprets the term “bait” of the prior art to read on “fire ant food source” as instantly claimed. Bowen et al defines “bait” to mean “a carrier which is an attractant to fire ants. Preferred baits include food products or other materials which attract or draw fire ants to it and which the fire ant ingests or takes back to its colony so that other fire ants may ingest the material. As used herein, the term bait shall be directed to any material which is sought after by a fire ant and includes numerous types of insect bait. The term bait includes, for example, any material or substance which is formulated or may be formulated for the biology, feeding behavior and food preferences of fire ants and includes materials which contain, for example, any one or more of sucrose, fructose, proteins, peptides, amino acids, and different salts and minerals and other materials which the fire ant obtains from the environment. Suitable baits can include for example, sugar, jelly, peanut oil, soybean oil, corn oil, other vegetable oils, peanut butter, honey, and related food items, including grains, cereals, soy protein etc.” (column 11, lines 51-67).
Regarding claims 7-8, Bowen teaches the carrier can be preferably, an inert, non-repellant carrier, wherein the non-repellent carrier includes water (i.e., an aqueous solution), and other non-repelling solvents such as water and minor quantities of ethanol (i.e., an alcohol) (column 12, lines 7-14).
Regarding claims 9-12, Bowen teaches in this aspect of the present invention, an effective amount of one or more analogues of solenopsin are placed in a carrier or vehicle and are then delivered to or spread on areas from which insects susceptible to solenopsin A or B are to be repelled, resulting in a marked decrease in insects in the treated area (column 9, lines 1-6). Bowen further teaches the present invention relates to solenopsin alkaloid derivatives which are trans-2,6-disubstituted piperidines (i.e., trans-solenopsin A) according to the structure:
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wherein R1 and R2 are selected from a C1 to C20 saturated or unsaturated linear, cyclic or branch-chained substituted or unsubstituted hydrocarbon group, a substituted or unsubstituted aromatic group or an ester group and salts thereof (column 8, lines 1-17).
Ascertainment of the Difference Between Scope the Prior Art and the Claims
(MPEP §2141.02)
Bowen does not disclose a single embodiment or example where every limitation recited in the instant claims is taught.
Finding of Prima Facie Obviousness Rationale and Motivation
(MPEP §2142-2143)
The claims are considered prima facie obvious to one of ordinary skill in the art before the time of filing because Bowen teaches all of the claimed elements. It would have been prima facie obvious to one of ordinary skill in the art before the time of filing to make a composition comprising at least one fire ant food source and at least one fire ant venom alkaloid, wherein the composition optionally comprises a carrier and/or an insecticide because Bowen teaches and contemplates all the elements required to make the composition.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFUA BAMFOAA BOATENG whose telephone number is (703)756-1358. The examiner can normally be reached Monday - Friday 9:00am - 5:00pm.
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AFUA BAMFOAA BOATENGExaminer, Art Unit 1617
/ALI SOROUSH/Supervisory Patent Examiner, Art Unit 1614