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 .
Applicants' arguments, filed 05/08/2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 and 5-12 stand rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 10840243 A (CN '243).
Applicants assert castor oil polyethyenoxy ether is not a vegetable oil derivative within the scope of the claimed invention but is instead functionally labeled a surfactant.
Examiner disagrees. While Applicants disclose some potential vegetable derivatives in the instant specification at ¶ 33, the language of the disclosure includes the statement “Examples of the vegetable oil derivative include vegetable oil fatty acid esters…” As such, the disclosure in the specification is not a limiting definition, but instead an open ended list of species which may be within the broader genus. “Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment.” See MPEP 2111.01(II). Here, even if the cited vegetable oil derivative in CN '243 may be classified as a surfactant, the plain language definition of a vegetable oil derivative still allows the cited vegetable oil derivative in CN '243 to fall within the genus required by the claims. In other words, simply labelling a component a surfactant does not render the same component no longer a vegetable oil derivative.
Claim Rejections - 35 USC § 103
Claims 1-12 stand rejected under 35 U.S.C. 103 as being unpatentable over CN 10840243 A (CN '243).
Applicants assert the reasons discussed above render this rejection nonobvious.
Examiner disagrees for the reasons recited above.
Double Patenting
Claims 1-12 stand provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of copending Application No. 18/697,608 (reference application) in view of CN 10840243 A.
Applicants assert CN ‘243 does not disclose any embodiments using dichlobetiazox and further fails to teach or suggest a vegetable oil or derivate. Applicants also assert relationship between dichlobetiazox and vegetable oil or vegetable oil derivative in a n aqueous suspension are unexpected in view of the claims of US ‘068.
Examiner disagrees. The rejection is based on the combination of references. As such, the skilled artisan would look to ‘608, which claims an agrochemical active and a vegetable oil or vegetable oil derivative, and water, then look to the prior art to find an agrochemical active. CN ‘243 clearly discloses dichlobetiazox as an active which may be used. As such, it remains obvious to use any known active in the composition of ‘068.
With regards to the unexpected results, it is unclear what “superior results” are being cited as ¶ 11 of the instant specification simply lists the same components as instant claim 1. Looking to the working embodiments, it appears the comparative examples demonstrate the distinction between the presence of vegetable oils and other additional agents. But the addition of vegetable oil or a vegetable oil derivative is already presumed based on the claims of ‘068, therefore the distinction would need to be the unexpected benefit of the claimed active over other known actives.
Conclusion
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 BENJAMIN J PACKARD whose telephone number is (571)270-3440. The examiner can normally be reached Mon 2-6pm and Tues-Fri 9:30am-6:30pm + mid-day flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana S. Kaup can be reached at (571) 272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN J PACKARD/ Primary Examiner, Art Unit 1612
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