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 .
Status of Claims
Claims 1-11 are pending and under examination in this office action.
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)(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) 1-3 is/are rejected under 35 U.S.C. 102(a2) as being anticipated by Lillard, Jr et al. (US 2017/0280712).
Lillard, Jr et al. teaches with regards to instant claims 1-3, a nano-formulation for plants (see tittle) comprising nanoparticle of starch (see 0053) and an agricultural agent carbofuran (see 0081), wherein the nanoparticles has a size from 5 to 30 nm (see 0058) having hydrophobic groups (see 0061).
Claim(s) 5-6 and 8-11 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Campea et al. (Adv. Funct. Mater. (2021), 31, pgs 1-39)
Campea teaches with regards to instant claim 5 a method of producing nanoparticle (see tittle) of starch (see Table 1) combining an agricultural active agent (see pg. 25, as required by instant claims 5 and 8) comprising functionalized hydrophobic groups (see pg. 4-5 as required by instant claim 6 and 10) where the nanoparticles are applied in a foliar spray (see pg. 25, as required by instant claim 9) having a size less than 20 nm (see pg. 5, as required by instant claim 11).
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.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lillard, Jr et al. (US (2017/0280712) in view of Sun et al. (CN 104211819)
Lillard is applied here as above.
However fails to teach the starch is grafted with octenyl succinic acid.
Sun teaches a method of preparing starch nanoparticles (see tittle) wherein the starch comprises hydrophobic group and that the starch nanoparticle is modified by octenyl succinic anhydride.
It would have been obvious to use octenyl succinic acid to graft the hydrophobic functional groups on the nano starch particles with a reasonable expectation of success because Sun makes it obvious to do so.
Claim(s) 5-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campea et al. (Adv. Funct. Mater. (2021), 31, pgs 1-39) in view of Sun et al. (CN 104211819).
Campea teaches with regards to instant claim 5 a method of producing nanoparticle (see tittle) of starch (see Table 1) combining an agricultural active agent (see pg. 25, as required by instant claims 5 and 8) comprising functionalized hydrophobic groups (see pg. 4-5 as required by instant claim 6 and 10) where the nanoparticles are applied in a foliar spray (see pg. 25, as required by instant claim 9) having a size less than 20 nm (see pg. 5, as required by instant claim 11).
However, Campea fails to teach reacting the starch with octenyl succinic acid as required by instant claim 7.
Sun teaches a method of preparing starch nanoparticles (see tittle) wherein the starch comprises hydrophobic group and that the starch nanoparticle is modified by octenyl succinic anhydride.
It would have been obvious to one of ordinary skill in the art to have modified the hydrophobic functional groups with octenyl succinic acid with a reasonable expectation of success because the art recognizes octenyl succinic acid as viscosity is increased (as taught by Sun). Thus it would have been obvious to one of ordinary skill in the art to have used octenyl succinic acid to result in the instant claimed invention with a reasonable expectation of success.
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIRLEY V GEMBEH whose telephone number is (571)272-8504. The examiner can normally be reached M-F 9am-6pm.
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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.
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/SHIRLEY V GEMBEH/Primary Examiner, Art Unit 1615 11/3/25
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