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 .
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.
Claim 22-40 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.
Claim 22 recites the phrase “component A) has a temperature of at most 60°C” , claim 35 recites “component A has a temperature of at most 50°C”, and claim 36 recites “component A has a temperature of at most 40°C” and it is not clear what the temperature is referring to. Therefore, the claim is indefinite.
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.
Claim(s) 22-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jessop (WO 2012/143685, disclosed by applicant).
Jessop discloses a method of manufacturing a seed coating comprising adding a wax having a melting point of ≥50°C; heating the wax to form a liquid; and adding one or more additives for enhancing seedling vigour and/or seedling growth selected from one or more inorganic additives and/or one or more live biological agents (reference claim 9 and 18). Jessop discloses the wax includes castor wax, carnauba wax, beeswax, montan wax, Chinese wax, castor wax, ouricury wax and rice bran wax (p.3, lines 30-36). Jessop discloses additives include rhizobial symbionts (p. 5, line 9). Jessop discloses the coating method includes antifreeze compounds, surfactants, emulsifying agent thickeners or binders (p. 6). Jessop discloses peat wax with a particle size less that 10 micron (p. 4, lines 2-8). Jessop discloses seeds of rice, wheat, rye, oat, corn and barley (reference claim 24). Jessop is silent in regard to microplastics. Jessop discloses a seed coating composition in the form of particles that comprises a wax and seed an a least one additive form one or more inorganic additives and/or one or more live biological agent, which would meet the limitation of a kit (reference claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANNETTE HOLLOMAN whose telephone number is (571)270-5231. The examiner can normally be reached Monday-Friday 9am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NANNETTE HOLLOMAN/Primary Examiner, Art Unit 1612
Prosecution Insights