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 .
Claims 1-26 are presented for examination.
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 1-3, 4, 5-8, 10, 12,15, 17-21, 23 and 25-26 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.
Claims 1-3, 5-8, 10, 12,15, 17-21, 23 and 25-26 are indefinite in claiming numbers, such as, (5), (4), (9), (8), (9), (7) and (6) in no particular order and without setting forth if such numbers are related to layers or anything else.
Claim 1 is also indefinite as to the phrase “derivative”. The phrase derivative is indefinite since it is not clear how far one can deviate from the parent compound without the “derivative”, being so far removed therefrom as to be a completely different compound.
Claims 1, 2, 4, 6, 12, 15, 19 and 22 are indefinite in using improper Markush language. The use of the phrase “from the group consisting of” and using “and” instead of “or” at the end of the last sentence will overcome the rejection.
Claim 4 is indefinite as to the phrase “amino acid DPPA”. The phrase fails to set forth the intended meaning of “DPPA”. Therefore, it is not clear the kind of amino acid used.
The term “like” in claim 18 is a relative term which renders the claim indefinite. The term “like” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the 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.
Claim(s) 1-26 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Rose (US 2012292346 submitted by the applicant) in view of Chen et al. (US 20120220454) and further in view of Traxler et al. (US 20170022117 submitted by the applicant).
The claims are drawn to Seed unit (1) in the form of a pellet comprising at least one seed (2) and a layer (3) comprising coal, selected from activated carbon, biological coal or biochar, a polymeric superabsorbent (5) and an adhesive of biological origin (4) ; and optionally a shell (9) and further auxiliary materials, the layer (3) at least partially enclosing the seed (2), characterized in that
[[-]] the polymeric superabsorbent (5) is selected from
a. a polyacrylamide, a crosslinked arylamide/acrylic acid,
a polyacrylate or an acrylamide/acrylic acid copolymer, and is granular, or
b. a biological polymeric superabsorbent selected from a cellulose- or lignin-based hydrogel or a natural rubber derivative and
[[-]] the layer (3) consists of at least 50% by weight of a coal,
selected from activated carbon, biological coal or biochar.
Regarding claim 1, Rose teaches planting mix compositions that prepare seed for planting and methods of preparing such compositions. Such compositions comprise pelletized or ground coir, Seed, cornmeal or corn flour, a super-absorbent polymer (SAP) and/or charcoal. See the abstract and Para [0002]. Rose teaches in particular examples, such compositions include pelletized coir at least partially coated with a binder, seeds, charcoal, and optionally a SAP. In other examples, such compositions include a pelletized mixture that includes coir, cornmeal or corn flour, charcoal, a SAP, a fungicide, and seeds, wherein the seeds are encased within the pellets. See the abstract. Rose teaches that seed is mixed with the planting mix components and is embedded or encased in the pellet during formation of the pellet. See Para [0007]. Rose teaches the concentration of 11% for seeds. See Para [0044]. Rose teaches the use of superabsorbent polymers, such as crosslinked polyacrylamide. See Para [0059]. Rose teaches that the ratio of activated charcoal to seed is at least a 1:1 ratio by weight of charcoal to seed, for example at least a 2 to: 1, at least 5 to 1, at least 10:1 at least 15 to 1, at least 20 to 1, at least 25 to 1 or at least 30 to 1. See para [0061].
Rose does not specifically teach the use of the alternative option b., which comprises of biological polymers such as, cellulose, liginin hydrogel and natural rubber. Rose also does not teach the concentration of 50% by weight of coal.
Chen et al. teach Coating compositions and methods of use, allowing for improved water and/or nutrient usage by seeds, plants, shrubs, and vegetation. See The abstract. Chen et al. teach that coating compositions comprising at least one seed and at least one layer coating all or part of the seed, the layer selected from the group consisting of guar, derivatized guar, polyacrylamide, poly(methacrylic acid), polyvinylpyrrolidone, poly(acrylic acid), polyacrylate, cellulose, hydroxy cellulose, hydroxyalkyl cellulose, hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, a derivative of any of the foregoing and a combination of any of the foregoing. See Para [0013] and claim 1. Chen et al. teach examples of suitable cellulose include but are not limited to hydroxy celluloses, hydroxyalkyl cellulose, including hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, carboxymethylcellulose and other modified celluloses. See Para [0031]. Chen makes clear that the use of a biological polymer, such as cellulose individually or in combination with the claimed superabsorbent polymers in a coating composition of a seed as old and well known.
It would have been obvious to a person skilled in the art to incorporate biological polymer, such as cellulose to a seed coating composition, motivated by the teachings of Chen et al., which teach the use of cellulose in a seed coating composition as old and well known. The determination of coal concentration is considered to be within the skill of artisan in the absence of evidence to the contrary. Applicant’s attention is drawn to In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955), where the court states “ 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. "[W]here 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."
Regarding claim 2, the claim has all the limitations of claim 1, with the difference of optionally having a shell, auxiliary materials and the size of polymeric superabsorbent being 50 um-400 um. The optional components do not create a patentably distinct coating, considering that their presence is optional. The determination of optimum size of polymeric superabsorbent is considered to be within the skill of artisan in the absence of evidence to the contrary.
Regarding claim 3, Rose does not teach the presence of biochar being in the concentrations at least 60% by weight, at least 70% by weight, at least 95% by weight and at least 99% by weight. However, Traxler et al. teach a coated seed substantially surrounded by biochar. See claim 1. Traxler et al. teach where the one or more layers of biochar surrounding the seed further includes a binding substance that assists with the adhesion of the one or more layers of biochar to the seed. See claim 6. The use of cellulose and a polymer as binding agents is taught in claim 7. It would have been obvious to a person skilled in the art to incorporate biochar to the composition of Rose, motivated by the teachings of Traxler et al., which teach biochar has been applied to seeds in combination with cellulose or polymer as a coating material in the agriculture.
Regarding claim 4, Rose does not teach the biological adhesive. However, Chen teaches a seed coating adhesive comprising a protein. See Para [0041]. It would have been obvious to a person skilled in the art to incorporate a protein adhesive to the composition of Rose, motivated by the teachings of Chen, which teaches the use of protein as an adhesive in a seed coating composition as old and well known.
Regarding claim 5, the claim is directed the addition of auxiliary substance as optional ingredients, which indicates the claim might not have such ingredients. However, Rose teaches the use of soil based nutrients, compost, nitrogen, potassium, phosphorous, colorants, corn meal, corn flour, or combinations thereof. See Para [0006]. The components read on the auxiliary agents claimed herein.
Regarding claim 6, Rose teaches planting mix compositions that prepare seed for planting and methods of preparing such compositions. Such compositions comprise pelletized or ground coir, Seed, cornmeal or corn flour, a super-absorbent polymer (SAP) and/or charcoal. See the abstract and Para [0002]. Rose teaches in particular examples, such compositions include pelletized coir at least partially coated with a binder, seeds, charcoal, and optionally a SAP. In other examples, such compositions include a pelletized mixture that includes coir, cornmeal or corn flour, charcoal, a SAP, a fungicide, and seeds, wherein the seeds are encased within the pellets. See the abstract. Rose teaches that seed is mixed with the planting mix components and is embedded or encased in the pellet during formation of the pellet. See Para [0007]. Rose teaches the concentration of 11% for seeds. See Para [0044]. Rose teaches the use of superabsorbent polymers, such as crosslinked polyacrylamide. See Para [0059]. Rose does not teach the grain size of superabsorbent polymer. However, the determination of grain size is considered to be within the skill of artisan in the absence of evidence to the contrary.
Regarding claim 7, Rose teaches the use of soil based nutrients, compost, nitrogen, potassium, phosphorous, colorants, corn meal, corn flour, or combinations thereof. See Para [0006].
Regarding claim 8, Rose teaches growth hormones, soil-based nutrients, compost, nitrogen, potassium, phosphorous, colorants, corn meal, corn flour, or combinations thereof. See Para [0006].
Regarding claim 9, Rose teaches fertilizers, pesticides, fungicides, growth hormones, soil-based nutrients, compost, nitrogen, potassium, phosphorous, colorants, corn meal, corn flour, or combinations thereof. See Para [0006].
Regarding claim 10, Rose teaches 0.5-5% of superabsorbent polymer, which overlaps with 5-30% of the claimed amount. See Para [0059].
Regarding claim 11, Rose does not teach the ratio of the diameter of the seed unit to the diameter of materials in layer (3). However, the determination of optimum proportions or amounts are considered to be within the skill of artisan in the absence of evidence to the contrary.
Regarding claim 12, Rose does not teach the polymeric superabsorbent being biological polymer. However, Chen et al. teach that coating compositions comprising at least one seed and at least one layer coating all or part of the seed, the layer selected from the group consisting of guar, derivatized guar, polyacrylamide, poly(methacrylic acid), polyvinylpyridine, polyvinylpyrrolidone, poly(acrylic acid), polyacrylate, cellulose, hydroxy cellulose, hydroxyalkyl cellulose, hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, a derivative of any of the foregoing and a combination of any of the foregoing. See Para [0013] and claim 1. Chen et al. teach examples of suitable cellulose include but are not limited to hydroxy celluloses, hydroxyalkyl cellulose, including hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, carboxymethylcellulose and other modified celluloses. See Para [0031]. Chen makes clear that the use of a biological polymer, such as cellulose individually or in combination with the claimed superabsorbent polymers in a coating composition of a seed as old and well known.
It would have been obvious to incorporate biological polymer, such as cellulose to a seed coating composition, motivated by the teachings of Chen et al., which teaches the use of cellulose in a seed coating composition as old and well known.
Regarding claim 13, Rose in combination with Chen teach all the components of claim 13. The determination of optimum proportions or amounts are considered to be within the skill of artisan in the absence of evidence to the contrary.
Regarding claim 14, Rose in combination with Chen teach all the components of claim 14. The determination of optimum proportions or amounts are considered to be within the skill of artisan in the absence of evidence to the contrary. There are optional ingredients in claim 14, which are not included in the rejection, considering that their presence is optional.
Regarding claim 15, Rose teaches compositions that prepare seed for planting and methods of preparing such compositions. Such compositions comprise pelletized or ground coir, Seed, cornmeal or corn flour, a super-absorbent polymer (SAP) and/or charcoal. See the abstract and Para [0002]. Rose teaches in particular examples, such compositions include pelletized coir at least partially coated with a binder, seeds, charcoal, and optionally a SAP. In other examples, such compositions include a pelletized mixture that includes coir, cornmeal or corn flour, charcoal, a SAP, a fungicide, and seeds, wherein the seeds are encased within the pellets. See the abstract. Rose teaches that seed is mixed with the planting mix components and is embedded or encased in the pellet during formation of the pellet. See Para [0007]. Rose teaches the concentration of 11% for seeds. See Para [0044]. Rose teaches the use of superabsorbent polymers, such as crosslinked polyacrylamide. See Para [0059]. Rose teaches that the ratio of activated charcoal to seed is at least a 1:1 , at least a 2 to: 1, at least 5 to 1, at least 10:1 at least 15 to 1, at least 20 to 1, at least 25 to 1 or at least 30 to 1. See para [0061].
Rose does not specifically teach the use of the alternative option b., which comprises biological polymers such as, cellulose, liginin hydrogel and natural rubber. Rose also does not teach the concentration of 50% by weight of coal.
Chen et al. teach Coating compositions and methods of use, allowing for improved water and/or nutrient usage by seeds, plants, shrubs, and vegetation. See The abstract. Chen et al. teach that coating compositions comprising at least one seed and at least one layer coating all or part of the seed, the layer selected from the group consisting of guar, derivatized guar, polyacrylamide, poly(methacrylic acid), polyvinylpyrrolidone, poly(acrylic acid), polyacrylate, cellulose, hydroxy cellulose, hydroxyalkyl cellulose, hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, a derivative of any of the foregoing and a combination of any of the foregoing. See Para [0013] and claim 1. Chen et al. teach examples of suitable cellulose include but are not limited to hydroxy celluloses, hydroxyalkyl cellulose, including hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, carboxymethylcellulose and other modified celluloses. See Para [0031]. Chen makes clear that a biological polymer, such as cellulose individually or in combination with the claimed superabsorbent polymers in a coating composition of a seed as old and well known.
It would have been obvious to incorporate biological polymer, such as cellulose to a seed coating composition, motivated by the teachings of Chen et al., which teaches the use of cellulose in a seed coating composition as old and well known. The determination of coal concentration is considered to be within the skill of artisan in the absence of evidence to the contrary. Applicant’s attention is drawn to In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955), where the court states “ 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. "[W]here 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."
Regarding claim 16, Rose does not teach the presence of biochar being in the concentrations at least 60% by weight, at least 70% by weight, at least 95% by weight and at least 99% by weight. However, Traxler et al. teach a coated seed substantially surrounded by biochar. See claim 1. Traxler et al. teach where the one or more layers of biochar surrounding the seed further includes a binding substance that assists with the adhesion of the one or more layers of biochar to the seed. See claim 6. The use of cellulose and a polymer as binding agents is taught in claim 7. It would have been obvious to a person skilled in the art to incorporate biochar to the composition of Rose, motivated by the teachings of Traxler et al., which teach biochar has been applied to seeds in combination with cellulose or polymer as a coating material in the agriculture.
Regarding claim 17, Rose teaches the use of soil based nutrients, compost, nitrogen, potassium, phosphorous, colorants, corn meal, corn flour, or combinations thereof. See Para [0006]. The components read on the auxiliary agents claimed herein.
Regarding claim 18, Rose does not teach the polymeric superabsorbent being biological polymer. However, Chen et al. teach that coating compositions comprising at least one seed and at least one layer coating all or part of the seed, the layer selected from the group consisting of guar, derivatized guar, polyacrylamide, poly(methacrylic acid), polyvinylpyridine, polyvinylpyrrolidone, poly(acrylic acid), polyacrylate, cellulose, hydroxy cellulose, hydroxyalkyl cellulose, hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, a derivative of any of the foregoing and a combination of any of the foregoing. See Para [0013] and claim 1. Chen et al. teach examples of suitable cellulose include but are not limited to hydroxy celluloses, hydroxyalkyl cellulose, including hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, carboxymethylcellulose and other modified celluloses. See Para [0031]. Chen makes clear that the use of a biological polymer, such as cellulose individually or in combination with the claimed superabsorbent polymers in a coating composition of a seed as old and well known.
It would have been obvious to incorporate biological polymer, such as cellulose to a seed coating composition, motivated by the teachings of Chen et al., which teaches the use of cellulose in a seed coating composition as old and well known.
Regarding claim 19, the determination of grain size of superabsorbent is considered to be within the skill of artisan in the absence of evidence to the contrary.
Regarding claim 20, Rose teaches the use of soil based nutrients, compost, nitrogen, potassium, phosphorous, colorants, corn meal, corn flour, or combinations thereof. See Para [0006]. The components read on the auxiliary agents claimed herein.
Regarding claim 21, Rose teaches the use of pesticides and fungicides in combination with superabsorbent polymer and charcoal. The fungicides and pesticides read on repellent as claimed herein.
Regarding claim 22, Rose does not teach the seeds such as, sugar beet and vegetable seeds as claimed herein. However, Traxler et al. teach the use of sugar beet and vegetable seeds, which can be coated with biochar and a polymer. See claim 9. The determination of the size of the seeds is considered to be within the skill of artisan in the absence of evidence to the contrary.
Regarding claim 23, Rose teaches 0.5-5% of superabsorbent polymer, which overlaps with 5-30% of the claimed amount. See Para [0059].
Regarding claim 24, Rose in combination with Chen teach all the components of claim 13. The determination of optimum proportions or amounts are considered to be within the skill of artisan in the absence of evidence to the contrary.
Regarding Claim 25, Rose teaches compositions that prepare seed for planting and methods of preparing such compositions. Such compositions comprise pelletized or ground coir, Seed, cornmeal or corn flour, a super-absorbent polymer (SAP) and/or charcoal. See the abstract and Para [0002]. Rose also teaches the use of fertilizers, pesticides, fungicides, growth hormones, soil based nutrients, compost, nitrogen, potassium, phosphorous, colorants, corn meal, corn flour, or combinations thereof, which reads on the optional ingredients of claim 25. See Para [0006]. Rose does not teach the polymeric superabsorbent being biological polymer. However, Chen et al. teach that coating compositions comprising at least one seed and at least one layer coating all or part of the seed, the layer selected from the group consisting of guar, derivatized guar, polyacrylamide, poly(methacrylic acid), polyvinylpyrrolidone, poly(acrylic acid), polyacrylate, cellulose, hydroxy cellulose, hydroxyalkyl cellulose, hydroxyethyl cellulose, carboxymethyl hydroxyethyl cellulose, hydroxypropyl cellulose, a derivative of any of the foregoing and a combination of any of the foregoing. See Para [0031]. The use of optional ingredients
Regarding claim 26, the determination of ratio of seed unit to the material in layer (3) is considered to be within the skill of artisan in the absence of evidence to the contrary.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOHREH A FAY whose telephone number is (703)756-1800. The examiner can normally be reached Monday-Friday 9:30AM-6:00.
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/ZOHREH A FAY/Primary Examiner, Art Unit 1617