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 .
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over CANOVA et al (US 2022/0227682) in view of Shearer et al (US 9,725,371), for the reasons given in the last Office Action.
Applicant’s argument, that CANOVA al fail to teach, suggest, or provide any reason for a controlled release fertilizer comprising, in part, a biochar mixture, one or more nutrients comprising nitrogen, and a biodegradable polymer composite coating encapsulating the biochar mixture and the one or more nutrients, wherein the polylactic acid composite coating controls nitrogen nutrients at a rate that is synchronized with the nitrogen demand of corn plants, is not convincing. CANOVA et al teach in Paragraph [0011] that the porous substrate can be any suitable porous material including activated carbon and ground walnut, almond or coconut shells. Such disclosure would suggest the biochar of Shearer et al as the porous material. Shearer et al disclose in col. 16, lines 24-32 that the biochar can be mixed with nitrogen as the fertilizer nutrient. It is further noted that claim 11 of CANOVA et al recites biochar as a suitable soil conditioner, and claim 13 recites that the polymeric material can be coated onto the porous substrate containing the agricultural treatment material CANOVA et al also teach in Paragraph [0009] that the porous substrate are coated with one or more layers “for delayed and/or controlled release of the agricultural treatment materials” which would suggest “control of nitrogen nutrients release at a rate that is synchronized with the nitrogen demand of corn plants” as recited in applicant’s claims.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LANGEL whose telephone number is (571) 272-1353. The examiner can normally be reached Monday through Friday from 8:15 am to 4:15 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LANGEL/Primary Examiner, Art Unit 1736
