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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/13/2025, 2/27/2026, and 3/4/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Election/Restrictions
Claims 1-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Applicant’s election without traverse of claims 12-20 in the reply filed on 7/7/2026 is acknowledged.
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 12-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sluijter et al. (U.S. Patent No. 8,703,757) in view of Zhai (CN 101965957 A, as cited by Applicant in IDS on 2/27/2026).
For claim 12, Sluijter et al. discloses a method for treating grains to improve germination and seedling development, comprising: providing a system for imbibing grains using low volts of direct current (Col. 2, line 50 – Col. 3, line 4), the system comprising
a plurality of grains to be imbibed (Col. 9, lines 14-15; 35-46)
an aqueous solution for imbibing the grains (Col. 7, lines 57-60), the solution comprising:
water (Col. 7, line 59);
at least one metallic salt (Col. 7, lines 59-60);
an electrode chamber (Col. 7, lines 52-54);
a growing station for cultivating imbibed grains into plant seedlings (Col. 7, lines 65-67);
placing the solution into the electrode chamber (Fig. 13 and Col. 7, lines 52-56); introducing the grains into the solution (Col. 7, line 57); introducing a positively charged electrode of the electrode chamber into the solution with the grains (Col. 2, lines 55-59); connecting a negatively charged electrode of the electrode chamber to a grounding source (Col. 2, lines 55-59); applying low volts of direct current over the grains and the solution to a first selected value comprising less than or equal to approximately 36.0 volts of direct current (Col. 7, lines 47-48); maintaining the low volts of direct current for a first chosen time period comprising at least approximately thirty minutes (Col. 7, lines 48-49); removing imbibed grains from the electrode chamber and the solution (Col. 7, lines 61-64); introducing the imbibed grains into the growing station (Col. 7, lines 65-67); growing the grains in the growing station into plant seedlings (Col. 7, line 65 – Col. 8, line 6; and Col. 8, lines 64-67); and harvesting the plant seedlings (Col. 8, lines 43-48).
Sluijter et al. fails to show a minimum of 75 ppm of at least one metallic salt. Zhai teaches a method for treating grains to improve germination and seedling development (as discussed in the translated description [0014]: “improves the germination of the brown rice”), comprising: an aqueous solution for imbibing the grains (as discussed in the translated description [0018]: “seed soaking high temperature accelerating sprouting”), the solution comprising: water; and a minimum of 75 ppm of at least one metallic salt (as discussed in the translated description [0021]: “the stress liquid composed of…150 to 250 mg/L potassium nitrate…and water” where 1 mg per liter is equal to 1 ppm). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Sluijter et al. to include at least 75 ppm of a metallic salt as taught by Zhai for the advantage of stimulating sprouting and accelerating seed germination.
For claim 13, Sluijter et al. as modified by Zhai discloses the method of claim 12, wherein the grains are chosen from barley, wheat (Sluijter et al. Col. 9, lines 14-15), corn, sorghum, rice, oats, rye, and triticale, and mixtures thereof.
For claim 14, Sluijter et al. discloses the method of claim 12, wherein the first selected value of low volts of direct current is between 10-30 volts of direct current (Sluijter et al. Col. 3, lines 1-2), and the first chosen time period is at least approximately 120 minutes (Sluijter et al. Col. 2, line 67), but fails to specifically show wherein the first selected value of low volts of direct current is approximately 8.0 – 13.0 volts of direct current. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Sluijter et al. and Zhai to include approximately 8.0 – 13.0 volts of direct current for the advantage of producing healthier plants, which mature earlier and thus provide earlier blossom and/or production of biomass (Sluijter et al. Col. 6, lines 3-16), since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. In re Aller, 105 USPQ 233.
For claim 15, Sluijter et al. as modified by Zhai discloses the method of claim 12, wherein the at least one metallic salt comprises magnesium sulfate (MgSO4), potassium nitrate (KNO3) (Sluijter et al. Col. 7, lines 59-60), or combinations thereof.
For claim 16, Sluijter et al. as modified by Zhai discloses the method of claim 12, further comprising stimulating a positive effect on seed germination and plant seeding development in grains using low voltage dependent reactions in contrast to high voltage electric field dependent reactions (Sluijter et al. Col. 2, lines 39-55).
For claim 20, Sluijter et al. discloses a system for imbibing grains to improve germination and seedling development (Col. 2, line 50 – Col. 3, line 4), the system comprising:
a plurality of grains to be imbibed (Col. 9, lines 14-15; 35-46);
an aqueous solution for imbibing the grains (Col. 7, lines 57-60), the solution comprising:
water (Col. 7, line 59);
at least one metallic salt (Col. 7, lines 59-60);
an electrode chamber configured to apply low volts of direct current to the grains in the solution (Col. 7, lines 52-54); and
a growing station for cultivating imbibed grains into plant seedlings (Col. 7, lines 65-67).
Sluijter et al. fails to show a minimum of 75 ppm of at least one metallic salt. Zhai teaches a method for treating grains to improve germination and seedling development (as discussed in the translated description [0014]: “improves the germination of the brown rice”), comprising: an aqueous solution for imbibing the grains (as discussed in the translated description [0018]: “seed soaking high temperature accelerating sprouting”), the solution comprising: water; and a minimum of 75 ppm of at least one metallic salt (as discussed in the translated description [0021]: “the stress liquid composed of…150 to 250 mg/L potassium nitrate…and water” where 1 mg per liter is equal to 1 ppm). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Sluijter et al. to include at least 75 ppm of a metallic salt as taught by Zhai for the advantage of stimulating sprouting and accelerating seed germination.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sluijter et al. (U.S. Patent No. 8,703,757) in view of in view of Zhai (CN 101965957 A, as cited by Applicant in IDS on 2/27/2026), as applied to claim 12 above, and further in view of Сухоруких Юрий Иванович et al. (RU 149948 U1, as cited by Applicant in IDS on 2/27/2026).
For claims 17 and 18, Sluijter et al. as modified by Zhai discloses the method substantially as claimed, but fails to show wherein the system further comprises a vacuum chamber configured to apply negative pressure to the grains in the solution. Сухоруких Юрий Иванович et al. teaches a method for treating seeds comprising: providing a system (as shown in the figure) for imbibing seeds using low volts of direct current (via an electrode 3), the system comprising a vacuum chamber configured to apply negative pressure to the grains in the solution (as discussed in the translated description: “to reduce pressure to 0.7 atm, a vacuum pump (5) is used”); further comprising the steps of: applying negative pressure over the grains and the solution to a first selected value comprising approximately 10.0 – 25.0 in. of Hg (as discussed in the translated description: “to reduce pressure to 0.7 atm, a vacuum pump (5) is used” where 0.7 atm is equal to 20.9449 in. of Hg); maintaining the negative pressure for the first chosen time period (as discussed in the translated description: “a hermetically sealed container in the center of which an electrode is installed through the insulator, and to reduce pressure to 0.7 atm. a vacuum pump is used, a voltage of 9-44 volts is supplied from an industrial source, a water pump is used to evenly supply seeds with biologically active substances, to which a metering device is connected”, where a chosen time period is determined by the metering device). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Sluijter et al. to include applying negative pressure as taught by Сухоруких Юрий Иванович et al. for the advantage of promoting effective mixing of the aqueous solution and rapid imbibing of the grains.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Sluijter et al. (U.S. Patent No. 8,703,757) in view of in view of Zhai (CN 101965957 A, as cited by Applicant in IDS on 2/27/2026) and Сухоруких Юрий Иванович et al. (RU 149948 U1, as cited by Applicant in IDS on 2/27/2026), as applied to claims 17 and 18 above, and further in view of Wolfe et al. (U.S. Patent No. 10,582,667).
For claim 19, Sluijter et al. as modified by Zhai and Сухоруких Юрий Иванович et al. disclose the method substantially as claimed, but fail to show further comprising the step of: vibrating the vacuum chamber at a chosen vibrational frequency during said step of maintaining the negative pressure for the first chosen time period. Wolfe et al. teaches a method for treating grains to improve germination and seedling development (as discussed in the abstract and Col. 3, lines 4-8), comprising: providing a system (Fig. 1a: 100), the system comprising: providing a vacuum chamber (Col. 2, lines 46-60 and Col. 5, lines 53-60), and vibrating the vacuum chamber at a chosen vibrational frequency during said step of maintaining the negative pressure for the first chosen time period (Col. 7, lines 24-38). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Sluijter et al., Zhai and Сухоруких Юрий Иванович et al. to include vibrating the vacuum chamber as taught by Wolfe et al. for the advantage of providing uniform imbibition of the grains.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kertz (WO 9501090 A1) discloses a system for and a method of applying low voltage around a plant via two or more electrodes, into a conducting medium comprising water and a salt.
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/DANIELLE A CLERKLEY/ Examiner, Art Unit 3643
/PETER M POON/ Supervisory Patent Examiner, Art Unit 3643
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