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 .
Priority
This Application is a 371 of PCT/EP2023/068167 filed on 07/03/2023, and claims priority to EP 22182915.3 filed on 07/04/2022.
Information Disclosure Statement
The information disclosure statement(s) (IDS) filed 10/28/2024 and 11/10/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the Examiner.
The rejections are as below:
Claim Rejections - 35 USC § 103
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16-30 are rejected under 35 U.S.C. 103 as being unpatentable over Hoeng et al. (WO2020260392A1l- IDS) in view of Ding et al. (CN 106490050 A).
Hoeng et al. teaches a formulation comprising an extract of a tobacco plant and/or a formulation comprising a compound of Formula I as provided herein, in particular anatabine, and corresponding uses thereof for the reduction of infestation with ectoparasites, in particular insects, as an ectoparasiticide or repellent. Embodiment 6 and aspect 8 mention insects. The definition of insects includes Heteroptera and homoptera (page 25, lines 31-33), which is a suborder of Hemiptera. The compound of formula I may be present in the formulation at a concentration ranging from about 0.2 wt.% to 50 wt.% (page 33, lines 20-31; c.f. claim 11). The compound is anatabine, S-(-) anatabine, R-(+) anatabine, a mixture of S-(-) anatabine and R-(+) anatabine, or a racemate of S-(-) anatabine and R-(+) anatabine. (Aspect 20) Hoeng et al. teaches the use of water as a carrier (page 32, lines 19-26 c.f. claim 12). The topical formulation, shampoo composition, cleansing composition or treatment composition is in the form of a lotion, cream, ointment, gel, foam, patch, powder, solid, sponge, tape, vapor, paste, tincture, or spray. The formulations are diluted.
The reference describes treatment of skin, fabrics, and generally objects, the reference fails to specify application to the crop or plant, nor the treatment of whitefly.
Ding et al. teaches a homoptera agricultural pests pesticide, belonging to the technical field of farm chemical. A homoptera agricultural insect pesticide, comprising the following raw materials based on parts by weight: 10 to 30 parts of chinese torreya, 10 to 30 parts of red amaranth, 5 to 20 parts of butter, 5 to 20 parts of megranate skin, 5 to 20 parts of Ailanthus altissima, 5 to 20 parts of twig and leaf of Manyflower Supplejack, 3 to 12 parts of wild tobacco leaf, 3 to 12 parts of hellebore, 3 to 12 parts of radix rhapontici seu radix echinopsis, 1 to 10 parts of verbena, 1 to 5 parts of microbial agent, the microbial inoculum is composed of mass percentage 15 to 25% trichodermas, 35 to 45% beauveryia and 40 to 50% of bacillus subtilis. The reference teaches providing a pesticide used for preventing and treating homoptera agricultural pests, especially turnip aphid, cabbage aphid, bean aphid and tobacco whitefly, high control rate, stable effect and is non-harmful product, tree fruits and vegetables and grain, cotton and oil crop. The reference further teaches spraying.
It would have been obvious to one of ordinary skill in the art to apply an extract of a tobacco plant to agriculture crop for treatment of whitefly. The motivation to apply an extract of a tobacco plant to agriculture crop for treatment of whitefly is because Ding et al. teaches a homoptera agricultural pests pesticide, belonging to the technical field of farm chemical comprising tobacco leaf used in spraying to treat homoptera agricultural pests, especially tobacco whitefly. A skilled artisan would have had reasonable expectation of successfully achieving similar efficacy and results.
Claims 16-30 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng et al. (CN105394103 A) in view of Ding et al. (CN 106490050 A).
Zeng et al. teaches an environment-friendly pesticide, which mainly consists of: isopropanol 15-30 parts; limonene 15-30 parts; salicylic acid 5-10 parts; anatabine 5-10 parts; aloe powder 5-10 parts; prallethrin 5-10 parts; water 20-40 parts. The pesticide is safe and harmless with good insecticidal effects and low cost. (abstract)
The reference describes a pesticide, the reference fails to specify application to the crop or plant, nor the treatment of whitefly.
Ding et al. teaches a homoptera agricultural pests pesticide, belonging to the technical field of farm chemical. A homoptera agricultural insect pesticide, comprising the following raw materials based on parts by weight: 10 to 30 parts of chinese torreya, 10 to 30 parts of red amaranth, 5 to 20 parts of butter, 5 to 20 parts of megranate skin, 5 to 20 parts of Ailanthus altissima, 5 to 20 parts of twig and leaf of Manyflower Supplejack, 3 to 12 parts of wild tobacco leaf, 3 to 12 parts of hellebore, 3 to 12 parts of radix rhapontici seu radix echinopsis, 1 to 10 parts of verbena, 1 to 5 parts of microbial agent, the microbial inoculum is composed of mass percentage 15 to 25% trichodermas, 35 to 45% beauveryia and 40 to 50% of bacillus subtilis. The reference teaches providing a pesticide used for preventing and treating homoptera agricultural pests, especially turnip aphid, cabbage aphid, bean aphid and tobacco whitefly, high control rate, stable effect and is non-harmful product, tree fruits and vegetables and grain, cotton and oil crop. The reference further teaches spraying.
It would have been obvious to one of ordinary skill in the art to apply an extract of a tobacco plant to agriculture crop for treatment of whitefly. The motivation to apply an extract of a tobacco plant to agriculture crop for treatment of whitefly is because Ding et al. teaches a homoptera agricultural pests pesticide, belonging to the technical field of farm chemical comprising tobacco leaf used in spraying to treat homoptera agricultural pests, especially tobacco whitefly. A skilled artisan would have had reasonable expectation of successfully achieving similar efficacy and results.
Conclusion
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Layla Soroush whose telephone number is (571)272-5008. The examiner can normally be reached on Monday through Friday from 8:30 a.m. to 5:00 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, James Henry Alstrum-Acevedo, can be reached on (571) 272-5548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAYLA SOROUSH/ Primary Examiner, Art Unit 1622
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