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 .
Information Disclosure Statement
The submitted information disclosure statements (IDS) were filed on 01/30/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1, 2, 6-12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mertoglu et al. (US 20160021877Al).
Claims 1 and 2,
Mertoglu et al. teach an emulsifiable concentrate comprising a water-insoluble pesticide, an alkyl benzoate, and an amide of the formula (I). (Abs). The object was achieved by an emulsifiable concentrate comprising a water-insoluble pesticide, an alkyl benzoate, and an amide of the formula (I) R1-C(O)N(R2)2 (I), where R1 is C5 -C19-alkyl and R2 is C1-C4 -alkyl. (0004). Suitable alkyl benzoates are alkyl benzoates where the phenyl group is optionally substituted with at least one alkyl group. Preferably, the alkyl benzoate is a linear or branched C1-12 alkyl benzoate, more preferably a linear or
branched C1-6 alkyl benzoate, and in particular a linear or branched Cm alkyl benzoate. (0007).
The emulsifiable concentrate can furthermore comprise auxiliaries conventionally used for crop protection products. Suitable auxiliaries are solvents, liquid carriers, surfactants, dispersants, emulsifiers, wetters, adjuvants, solubilizers, penetrants, protective colloids, stickers, thickeners, bactericides, antifreeze agents, antifoam agents, colorants, adhesives and binders. (0088). An alkyl is not specified straight, branch, or cyclic then an alkyl group can be a straight, branch or cyclic alkyl, unless otherwise specified.
With regard to claim 6,
Butyl benzoate. (0111).
With regard to claim 7,
The concentrate may comprise from 0.1 to 60% by weight, of pesticide, the basis being the total of all the pesticides present in the concentrate. (0087). The concentrate can comprise not more than 80% by weight of the alkyl benzoate. (0010). The concentrate preferably comprises at least one anionic surfactant. The concentrate usually comprises not less than 0.5% by weight of anionic surfactants. The composition can comprise not more than 30% by weight of anionic surfactants. (0096).
With regard to claim 8,
Pesticides refer to at least one active substance selected from the group of the fungicides, insecticides, nematicides, herbicides, safeners and/or growth regulators. (0021).
With regard to claim 9,
dinitroanilines: benfluralin, ethalfluralin, oryzalin, pendimethalin, prodiamine, trifluralin; (0055).
With regard to claim 10,
Mertoglu et al. teach an emulsifiable concentrate comprising a water-insoluble pesticide, an alkyl
benzoate, and an amide of the formula (I). (Abs). formula (I) R1-C(O)N(R2)2 (I), where R1 is C5 -C19-alkyl and R2 is C1-C4 -alkyl. (0004). Growth Regulators include naphthaleneacetic acid (NAA), (0048), picloram, Clopyralid (0061), which are synthetic auxins.
With regard to claim 11,
Suitable surfactants are surface-active compounds, such as anionic, cationic, nonionic and amphoteric surfactants. (0090).
The concentrate preferably comprises at least one anionic surfactant. The concentrate usually comprises not less than 0.5% by weight of anionic surfactants, preferably not less than 2% by weight not more than 30% by weight of anionic surfactants, preferably not more than
15% by weight and in particular not more than 10% by weight. (0096).
The concentrate preferably comprises at least one nonionic surfactant (such as alkoxylates). The concentrate usually comprises not less than 1 % by weight of nonionic surfactants, preferably not less than 5% by weight and in particular not less than 10% by weight. The composition can comprise not more than 65% by weight of nonionic surfactants, preferably not more than 45% by weight and in particular not more than 35% by weight. (0097).
In a preferred form, the concentrate preferably comprises at least one alkoxylate, in particular an alkoxylated CcC22-alcohol. The concentrate usually comprises not less than 2% by weight of alkoxylates (in particular an alkoxylated C6-C22-alcohol), preferably not less than 7% by weight and in particular not less than 10% by weight. (0098).
Preferably, the concentrate comprises a nonionic surfactant (such as alkoxylates) and an anionic surfactant ( such as sulfates or sulfonates). [0099]
With regard to claims 12 and 14,
The present invention is an emulsifiable concentrate comprising a water-insoluble pesticide, an alkyl benzoate, and an amide of the formula (I). The preparation of said concentrate; an emulsion obtainable by mixing water, a water-insoluble pesticide, the alkyl benzoate, and the amide; and to a method for controlling phytopathogenic fungi and/or undesired vegetation and/or undesired attack by insects or mites and/or for regulating the growth of plants, where the concentrate or the emulsion is allowed to act on the respective pests, their environment or on the crop plants to be protected from the respective pests, on the soil and/or on undesired plants and/or on the crop plants and/or their environment. (Abs).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yin et al. (US 8653121B2).
Yin et al. teach: An agrochemical composition comprises an azole active ingredient and an N,N-dialkyl long chain alkylamide. Preferred N,N-Dialkyl long chain alkylamide(s) comprised in the composition is/are selected from the group consisting of compounds of the formula (I) below: in which
(a) R1 and R2 are independently normal alkyl radicals having 2 carbon atoms, and R represents an alkyl group having from 10 to 30 carbon atoms; or
(b) R1 and R2 are independently normal alkyl radicals having 3 carbon atoms, and R represents an alkyl group having from 9 to 30 carbon atoms; or 20
(c) R1 and R2 are independently normal alkyl radicals having from 4 to 20 carbon atoms and R represents an alkyl group having from 6 to 30 carbon atoms. (Abs)
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And an emulsifier (surfactant). (Tables 1-11 and 13-15 and Claim 14, Col. 30).
An alkyl is not specified straight, branch, or cyclic then an alkyl group can be a straight, branch or cyclic alkyl, unless otherwise specified.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horstmann et al. (US 5206225 A).
Horstmann et al. teach: the new use of certain alkyl carboxylic acid dimethyl amides for prevention of crystallization during the application of aqueous spray liquors based on specific pesticidally active com pounds. (Col. 1, lines 5-9). An alkyl carboxylic acid dimethyl amide of the formula (I) below, in which R represent alkyl having 5-19 carbon atoms (Abs). The composition comprises emulsifier (Col. 10, line 46, Col. 11, lines 16, 67, Col 12, lines 48, 60, Col. 13, lines 1, 31, 66). surface-active substances in this case are non-ionic and anionic emulsifiers. The emulsifiers can be employed individually or, alternatively, in a mixture. (Col. 7, lines 28-68-Col. 8, lines 1-50). An alkyl is not specified straight, branch, or cyclic then a straight, branch or cyclic alkyl belong to alkyl group.
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Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bennett et al. (US 11160281 B2).
Bennett et al. teach a safener containing herbicidal oil dispersion. An oil dispersion is described containing a base oil, an herbicide composition including a comprising flucarbazone sodium and/or fenoxaprop-p-ethyl, an herbicidal safener comprising cloquintocet-mexyl, and a carrier comprising an alkyl benzoate . The dispersion demonstrates enhanced dilution, and high and low temperature stability. (Abs). An alkyl benzoate having an alkyl containing up to 10 carbon atoms. (Col. 2, lines 12-13). butyl benzoate, other benzoates can be used as well, for example C1 , C2 , C3 , C5 , C6 , etc. as well as the C4 ( butyl ) form. (Col. 5, lines 56-58).
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Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zen (US 20040063583A1).
Zen teaches a low-irritant pesticidal emulsifiable concentrate comprising (a) 1 to 60% by weight of at least one pesticidal active ingredient compound; (b) 2 to 15% by weight of at least one surfactant and (c) 15 to 90% by weight of at least one aromatic ester Solvent represented by the formula: Ar-X-COOR (1), which teaches applicant claim 1c limitations or the formula:
RCOO-X-Ar (2), which teaches applicant claim 1b limitations wherein R represents non-aromatic group having 1 to 6 carbon atoms, Ar represents an aromatic group; and X represents a single bond or an alkylene group having 1 to 6 carbon atoms. The pesticidal emulsifiable concentrate of the present invention can be used as an emulsion which is superior in emulsion stability when using after diluting with water, and has low irritation. (Abs).
In the aromatic ester solvent used in the present invention, Ar of formula 1 and formula 2) is preferably a phenyl group which may be substituted with at least one methyl group, etc., X is preferably a single bond, a methylene group or an ethylene group; R is preferably an alkyl
group having 1 to 6 carbon atoms. (0015).
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An alkyl is not specified straight, branch, or cyclic then a straight, branch or cyclic alkyl belong to alkyl group.
Allowable Subject Matter
Claims 3-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGOC-ANH THI NGUYEN whose telephone number is (571)270-0867. The examiner can normally be reached Monday - Friday 8:00 am.
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/NGOC-ANH THI NGUYEN/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615