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 .
Status of Claims
Claims 1-7 are pending. This is the first office action on the merits.
Information Disclosure Statement
The IDS filed 11/5/2024 has been reviewed.
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 of this title, 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.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Gegner et al. EP 0250908 (1/7/1988)(11/5/2024 IDS) in view of Nelliappan WO 2015/002858 (1/8/2015) (11/5/2024 IDS).
Gegner et al. (Gegner) teaches a Bacillus thuringiensis pest control composition comprising Bacillus thuringiensis entrapped within a copolymer which results in increased persistence, retention and stability of the Bacillus thuringiensis. The copolymers includ1e 40MAA/60BA. (See Table 3). This composition may be ground to form a plurality of particles intended for dispersion in water before subsequent application to the pest or pest habitat. Gegner teaches that the base polyolefin resin is an ethylene-octene copolymer as called for in instant claim 3. (See first paragraph of Examples and Table 1).
Gegner teaches a crosslinked polyolefin as called for in instant claim 7. (See Gegner claim 5). Gegner teaches that the composition is for pest control. (See claim 1 and Abstract and throughout).
Gegner does not teach polymer particles comprising a polyolefin core and vinyl monomers polymerized onto the polyolefin core. Gegner does not teach a ratio of monomers to polyolefin core. Gegner does not teach the amount of polymer particles in the composition overall. Gegner also does not teach water content. These deficiencies are made up for with the teachings of Nelliappan.
Nelliappan teaches polymer compositions and composite polymer granules which comprise a polyolefin core. (See Abstract). Specifically, Nelliappan teaches that the polymerized vinyl group containing monomers are polymerized. (See Nelliappan claim 1). This reads on the composite particles that have a polyolefin core and a plurality of monomeric structural units derived from a vinyl monomer that is polymerized onto the polyolefin core as called for in instant claim 1.
Nelliappan teaches in Table 2 that by changing the ratio of monomers to olefin, polyolefin particles with PMMA based acrylic shell (10-40 wt% relative to the polyolefin) can be obtained. With 40% monomers, the polyolefin core is 60% which overlaps with the 60:40 polyolefin core : monomers called for in instant claim 5. 10-40 wt% monomers relative to the polyolefin core (40% monomers to 60% polyolefin core) falls within the from 90:10 to 60:40 (polyolefin core:monomers) called for in instant claim 5.
Nelliappan teaches that the polyolefins comprise from 0.5 to 100 wt% functionalized polyolefin. (See Nelliappan claim 1). 0.5 to 100 wt% overlaps with the 50 wt% olefin monomers as called for in instant claim 1. Nelliappan teaches that the fluid medium can be water and the water content may be in the range of from 35 to 75%. (See page 14). 35 to 75% overlaps with the from 20% to 99.89% water called for in instant claim 4.
Nelliappan teaches that its dispersion can be between about 10% to 70%. This overlaps with the from 0.1 % to 15.0% called for in instant claim 2. (See page 14). Nellippan teaches that polyolefin dispersions are known to be used in a variety of applications and these dispersions can be improved in one or more properties by functionalization to improve performance in these applications. These applications include coatings, films, inks, adhesives and compositions. (See page 1). The properties which are improved include weatherability and resilience in cold temperatures and hot temperatures. (See page 19).
It would have been prima facie obvious for one of ordinary skill in the art making the Gegner pest control composition be a 35% to 75% aqueous dispersion with crosslinked polyolefin as a polyolefin core and a polymerized vinyl group containing polymerized monomers that are polymerized onto the polyolefin core as taught by Nelliappan in order to have a polyolefin dispersion pest control composition with improved properties of weatherability and resilience in the face of hot and cold temperatures as taught by Nelliappan.
Conclusion
No claims are allowed.
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SARAH CHICKOS
Examiner
Art Unit 1619
/SARAH ALAWADI/ Primary Examiner, Art Unit 1619
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