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/Restriction
Applicant’s election without traverse of the invention of Group I (claims 1-14 and 18-19) in the reply filed on 07/07/2026 is acknowledged.
Claims 15-16 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/20/2023 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 1-2, 4, 8-13 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hainan Tiandao Seed Ind Co Ltd (CN 110606793 A – cite no 2 in 12/20/2023 IDS) (referred to as Hainan, hereafter).
In regard to claims 1 and 13, Hainan teaches a solid, particulate composition wherein the composition is a solid, particulate fertilizer composition (e.g. slow-release fertilizer) [Hainan, Chinese Language Document, para. 0006] comprising a solid, particulate core substrate (e.g. composed of, by mass percentage 95% fertilizer core) [0006], and a coating layer of a coating composition contacting the solid, particulate core substrate (e.g. coated fertilizer core with a 3% coating) [0006], wherein the coating composition comprises choline chloride (e.g. coating comprises 1 part choline chloride) [0006].
In regard to claims 2, 9-10 and 18-19, Hainan teaches the solid, particulate composition according to claim 1, wherein the solid, particulate core substrate comprises a source of nitrogen, wherein the source of nitrogen is an ammonium salt (e.g. ammonium phosphate) [0006], wherein the core substrate comprises a further nutrient component consisting of a potassium salt (e.g. potassium chloride) [0006], and wherein the core substrate comprises a micronutrient component (e.g. zinc sulfate) [0006].
In regard to claim 4, Hainan teaches the solid, particulate composition according to claim 1, wherein the coating composition comprises an organic acid (e.g. humic acid) [0006].
In regard to claim 8, Hainan teaches the solid, particulate composition according to claim 1, wherein the solid, particulate core substrate formed by mixing the powder components and forming a granule with a particle size of 0.2-0.5 mm [0010]. This is interpreted as meeting the claim limitation “homogenous” where homogenous is defined in the Specification as wherein the “substrate may contain small particles of different components, but these particles are evenly distributed in the substrate”.
In regard to claim 11, Hainan teaches the solid, particulate composition according to claim 1, wherein the coating composition comprises a urease inhibitor (e.g. boric acid is a substance which inhibits urease activity) [0006].
In regard to claim 12, Hainan teaches the solid, particulate composition according to claim 1, wherein the solid, particulate composition comprises a further coating (e.g. binder) composition contacting the coating composition comprising choline chloride (e.g. uniformly applying the binder onto the surface of the coated fertilizer cores) [0012].
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strik (US Patent No. 4,095,134).
In regard to claims 1 and 6, Strik teaches a solid, particulate composition comprising a solid, particulate core substrate (e.g. phosphor particles) [col. 3, lines 41-42], and a coating layer of a coating composition contacting the solid, particulate core substrate (e.g. particles have been covered with a thin layer of hydroscopic material) [col. 3, lines 43-44], wherein the coating composition comprises choline chloride and glycerol (e.g. a mixture of choline chloride and glycerin) [col. 3, lines 44-45].
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 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hainan Tiandao Seed Ind Co Ltd (CN 110606793 A).
In regard to claim 3, Hainan teaches the solid, particulate composition according to claim 1, wherein the solid, particulate composition comprises 3% of the coating composition [0006]. While Hainan does not explicitly disclose a value of from 0.01 to 2.0 wt% of the coating composition, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to adjust the amount of coating with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to choose the instantly claimed ranges through process optimization, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980).
In regard to claim 5, Hainan teaches the solid, particulate composition according to claim 4, wherein choline chloride is present at 1 part by weight and humic acid is present at 5 parts by weight [0006]. It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention that the respective molar ratio of choline chloride to the organic acid (e.g. humic acid) overlaps with the claimed range 2:1 to 1:2 depending on the humic acid source. The molecular weight of humic acid varies based on the source and structure. One of ordinary skill in the art would have been motivated by common sense to select a 1:1 molar ratio, a ratio that falls within the presently claimed amount(s), absent evidence of unexpected or surprising results.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Strik (US Patent No. 4,095,134).
In regard to claims 7 and 14, Strik teaches the solid, particulate composition according to claims 1 and 6, wherein the coating composition comprises choline chloride and glycerol (e.g. a mixture of choline chloride and glycerin) [col. 3, lines 44-45]. Although Strik does not explicitly the molar ratio of choline chloride to the glycerol or the weight percent of choline chloride in the coating composition, when faced with a mixture, one of ordinary skill in the art would be motivated by common sense to select a 1:1 ratio, a ratio that falls within the presently claimed amount(s), absent evidence of unexpected or surprising results. Case law holds that "[h]aving established that this knowledge was in the art, the examiner could then properly rely... on a conclusion of obviousness, 'from common knowledge and common sense of the person of ordinary skill in the art within any specific hint or suggestion in a particular reference.'" In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. [See MPEP 2144.05 IIA].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sculthorpe et al. (US Patent Publication No. 2017/0362140 A1) discloses a fertilizer comprising a coating composition comprising an inhibitor compound selected from the group consisting of urease inhibitors, nitrification inhibitors, and mixtures thereof [para. 0009-0024].
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/JENNIFER A SMITH/Primary Patent Examiner, Art Unit 1731 July 17, 2026
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