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 .
Detailed Action
Restriction/Election
Applicant’s election without traverse of Group I, claims 1-2, 4-6 and 8-12 in the reply filed on 08/10/26 is acknowledged.
Claims 13-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/10/26.
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.
Claims 1-2, 4-6 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelm et al. (WO 2006/133928) in view of Bueno et al. (US PG Pub. 2017/0127670).
Wilhelm et al. discloses a composition for seed treatment comprising: water as solvent; a binder such as polyvinyl alcohols and shellacs; and plasticizers (see page 16, lines 15-34; page 18, lines 18-20; page 19, lines 33-35; page 22, lines 9-13). The reference teaches use of binder comprising polyvinyl alcohols (see page 16, lines 15-34). Use of polysaccharide is taught on page 16, lines 29-40. The reference teaches plasticizer including polyethylene glycol (see page 18, lines 17-25). The reference teaches pigments (see page 19, lines 2-9). The reference teaches use of surfactants (see page 19, lines 33-35). The weight of the binder ranges from 1% by weight to 15% by weight, see claim 22. Thus, the amount of binders have been optimized by one of ordinary skill in the art for optimum seed coating purposes. Emulsifiers and preservatives are taught on page 19, lines 32-33-35. Agricultural compositions can be in the form of emulsions, suspensions, concentrates, water- dispersing granules and powders, see pages 21-22, lines 1-5. Emulsions are taught on page 23, third paragraph. Water dispersible granules are taught on page 23, last paragraph.
Wilhelm et al. do not teach use of particles.
Bueno et al. teaches an aqueous seed coating composition: comprising: water; a polymeric binder comprising shellacs and polyvinyl alcohols; and a wax, wherein the wax is selected from the group consisting of paraffin wax, polyolefin wax, natural wax (see claim 1; paragraphs [0037], [0059], [0064]). The reference teaches polymeric binder comprising polyvinyl alcohols (see paragraph [0059]). The reference teaches pigment (see paragraph [0067]). Use of water is taught of 31.6 wt. % water (see paragraph [0090]). Use of wax is taught wherein the wax is selected from the group consisting of paraffin wax; polyolefin wax; and natural wax (see paragraph [0037]). The reference teaches that the composition comprising a biocide and surfactant (see table 1). The reference teaches that the term “hydrophobic and/or water insoluble” as used in this application is meant to describe materials that are primarily non-polar and exhibit limited or no dissolution in water. However, such materials can be suspended in water as molecules or particles, see [0033]. Examples of suitable effect pigments include pearlescent pigment in different particle sizes. Effect pigments having a particle size of 15 μm or less, or a particle size of 60 μm or less may be used. The particle size of the effect pigment is preferably not more than 200 μm, more preferably not more than 100 Usually, the particle size of the effect pigment is 1 μm or more. Another effect pigment can be aluminium. Effect pigments can be used to create an attractive cosmetic look on the seeds, see [0051].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the wax/shellac and binder in a particulate format into the emulsion formulation of Wilhelm et al. One of ordinary skill would have been motivated to do so because both the references teach seed treating composition comprising binders including polyvinyl alcohol and shellac and while Wilhelm et al. discloses that agricultural compositions can be in the form of emulsions, suspensions, concentrates, water- dispersing granules and powders, Bueno discloses use of binders and pigments a in a particulate form.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SNIGDHA MAEWALL whose telephone number is (571)272-6197. The examiner can normally be reached Monday thru Friday; 8:30 AM to 5PM.
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/SNIGDHA MAEWALL/Primary Examiner, Art Unit 1612
