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 § 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.
(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.
Claims 12, 16, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Novihum (US 2019/0144351).
As per claim 12, NOVIHUM teaches a method comprising the steps of: mixing 10 to 35 weight percent nitrogen-containing component with 65 to 90 weight percent of a humic substance having a mean particle size of less than 35 micrometer to form a mixture (lignite particles (which match the stipulation(s) of the claimed particulate humic substance as described in pg. 4 paragraph 1 of the instant Specification) having a mean particle size of ; heating the mixture to form a liquid mixture (the suspension is transferred to a reactor, where it is oxidized and heated at up to 90 degrees Celsius; paragraphs [0047], [0086]; Claim 1); forming granules from the molten mixture (the molten, oxidized product suspension is then fed into a heated receiving vessel; wherein, using a combination of heating and an agglomeration agent, granules are generated from the suspension; paragraph [0087]; Claim 1); and actively cooling the granules (afterwards, the dried granules are cooled within a running drum; paragraph [0088]; Claim 1).
As per claim 16, NOVIHUM teaches the method according to claim 12, wherein NOVIHUM further teaches wherein the humic substance is oxidized subbituminous coal, brown coal, lignite, oxidized lignite, peat, compost or mixtures thereof (the humic substance is lignite; paragraphs [0031], [0040], [0044]).
As per claim 18, NOVIHUM teaches the method according to claim 12, wherein NOVIHUM further teaches wherein 15 to 30 weight percent humic substance is mixed with the 70 to 85 weight percent nitrogen-containing component based on the total weight of the nitrogen-containing component and the humic substance (the fertilizer suspension comprises 20-30 wt.% of lignite particles and 70-80 wt. % ammonia solution based on the total weight of the nitrogen-containing component and the humic substance; paragraphs [0040], [0044]; Claims 1, 3).
As per claim 20, NOVIHUM teaches a fertilizer made by the process of claim 12 (a fertilizer with humic substance properties and nitrogen content is formed; Claim 1).
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.
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 1-2, 4-5, 7-8, 11, 13, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over CN 111517896 A to Shi Xin (hereinafter "SHI") in view of NOVIHUM.
As per claim 1, SHI teaches a method comprising the steps of: heating a solid nitrogen-containing component (urea is heated until a urea-containing molten liquid is formed; paragraph [0030]); adding a particulate humic substance to the molten nitrogen-containing component (humic acid is added to said urea-containing molten liquid; paragraphs [0023], [0030]); mixing the molten nitrogen containing component and the humic substance under high shear to form a substantially uniform molten fertilizer mixture (the molten mixture comprising said humic acid and urea is uniformly mixed to obtain a molten slurry; paragraph [0030]); forming fertilizer granules of the molten fertilizer mixture (said molten slurry is input into a granulation tower, thereby forming granular fertilizer; paragraph [0030]); and actively cooling the fertilizer granules (the fertilizer granules are cooled at 30-35 degrees Celsius; paragraph [0030]).
SHI does not disclose the particulate humic substance having a mean particle size of less than 35 micrometer and wherein said particulate humic substance is added in the amount of 10 to 35 weight percent based on the total weight of the nitrogen-containing component and the humic substance.
NOVIHUM teaches it is known in the conventional art of making fertilizers comprising humic and nitrogen-containing substances, a field of endeavor to which SHI directly pertains, to form such a conventional fertilizer composition by incorporating a particulate humic substance having a mean particle size of less than 35 micrometer, wherein said particulate humic substance is added in the amount of 10 to 35 weight percent based on the total weight of the nitrogen-containing component and the humic substance (lignite particles (which match the stipulation(s) of the claimed particulate humic substance as described in pg. 4 paragraph 1 of the instant Specification) having a mean particle size of NOVIHUM).
It would have been obvious to one of ordinary skill before the relevant date to have modified the mean particle size of the particulate humic substance of SHI such that the resulting size is within the claimed range as taught in NOVIHUM, in order to provide an increased reaction surface in the resulting particulate humic substance, which further allows for an easier adjustment of the proportions of differently hydrolysable forms of nitrogen bonds in the final fertilizer product (paragraphs [0007], [0031] of NOVIHUM).
It would further have been obvious to one of ordinary skill before the relevant date to have modified the amount of the particulate humic substance to be added in the method of SHI such that the resulting amount is within the claimed range as taught in NOVIHUM, in order to provide a final fertilizer having a degree of nitrogen bonding in line with the manufacturer's specifications (paragraph [0057] of NOVIHUM).
As per claim 2, SHI in combination with NOVIHUM teaches the method of claim 1, wherein SHI further teaches wherein the humic substance comprises 40-100 weight percent humic acid (at least 35 kg of humic acid may be added, wherein said amount of humic acid comprises the entirety of the humic substance that is added to the fertilizer composition; paragraph [0042]).
As per claim 4, SHI in combination with NOVIHUM teaches the method of claim 1, wherein SHI further teaches wherein the nitrogen containing component is monoammonium phosphate, diammonium phosphate or urea (the nitrogen containing component is urea; paragraph [0030]).
As per claim 5, SHI in combination with NOVIHUM teaches the method of claim 1. SHI does not disclose wherein the humic substance is selected from the group consisting of oxidized subbituminous coal, brown coal, lignite, oxidized lignite, peat, compost or mixtures thereof. NOVIHUM teaches incorporating lignite into a conventional fertilizer composition that comprises nitrogen-containing compounds (lignite particles are incorporated within a nitrogen-containing fertilizer composition; paragraphs [0031], [0040], [0044] of NOVIHUM). It would have been obvious to one of ordinary skill before the relevant date to have modified the humic substance of SHI with lignite as taught in NOVIHUM, in order to provide a product with strong fertilizing effects (paragraph [0002] of NOVIHUM).
As per claim 7, SHI in combination with NOVIHUM teaches the method of claim 1, wherein SHI further teaches wherein the method further comprises the step of applying at least one coating to the granules (a coating comprising gelatin, polyethylene glycol, water and oxidized sodium alginate is applied to each fertilizer particle layer; Claim 1).
As per claim 8, SHI in combination with NOVIHUM teaches the method of claim 1. SHI does not disclose wherein the humic substance is added to the heated nitrogen-containing component in the amount of 15 to 30 weight percent based on the total weight of the nitrogen-containing component and the humic substance. NOVIHUM teaches forming a conventional fertilizer by incorporating a particulate humic substance in the amount of 15 to 30 weight percent based on the total weight of the nitrogen-containing component and the humic substance (lignite particles are mixed with ammonia solution such the resulting suspension comprises 20-30 wt.% of said lignite particles and 70-80 wt.% ammonia solution; ¶¶ [0031], [0040], [0044], [0047], [0084], [0086]; Claims 1-4, 14 of NOVIHUM). It would have been obvious to one of ordinary skill before the relevant date to have modified the amount of the humic substance to be added in the method of SHI such that the resulting amount is within the claimed range as taught in NOVIHUM, in order to provide a final fertilizer having a degree of nitrogen bonding in line with the manufacturer's specifications (paragraph [0057] of NOVIHUM).
As per claim 11, NOVIHUM teaches a fertilizer comprising: granules comprising 10 to 35 percent by weight of a humic substance and 65 to 85 percent by weight of a nitrogen-containing component (fertilizer granules comprising 20-30 wt.% lignite particles (which match the stipulation(s) of the claimed humic substance as described in pg. 4 paragraph 1 of the instant Specification) and 70-80 wt.% ammonia are provided; paragraphs [0040], [0044], [0084], [0088]; Claims 1, 4, 14), the or granules made by heating a liquid nitrogen-containing component; adding a particulate humic substance having a mean particle size of less than 35 micrometer to the heated nitrogen-containing component in the amount of 10 to 35 weight percent based on the total weight of the nitrogen-containing component and the humic substance (said lignite particles (which match the stipulation(s) of the claimed particulate humic substance as described in pg. 4 paragraph 1 of the instant Specification) having a mean particle size of ; mixing the heated nitrogen containing component and the humic substance under high shear to form a substantially uniform fertilizer mixture (the mixing of the ammonia solution and lignite particles to form said suspension is thoroughly done, first in a circulation system, and then in a heated oxidation reaction vessel afterwards; ¶¶ [0056], [0084]-[0086]); forming granules from the fertilizer mixture (the oxidized product suspension is then fed into a heated receiving vessel; wherein, using a combination of heating and an agglomeration agent, granules are generated from the suspension; paragraph [0087]; Claim 1); and actively cooling the granules (the agglomerated granule product(s) is cooled in a drum; paragraph [0088]). NOVIHUM does not disclose the granules are made by heating a solid nitrogen-containing component. SHI teaches it is known in the conventional art of forming fertilizer granules comprising a humic substance and nitrogen- containing components, a field of endeavor to which NOVIHUM directly pertains, to obtain conventional fertilizer granules by heating a solid nitrogen-containing component (to form fertilizer granules, urea is first heated and thereby melted (by definition, changed from a solid to a liquid), and combined with a humic substance; paragraph [0058] of SHI). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the physical phase of the nitrogen-containing component of NOVIHUM to a solid as taught in SHI, in order to provide an efficient, environmentally friendly fertilizer product (paragraph [0041] of SHI).
As per claim 13, NOVIHUM teaches the method according to claim 12. NOVIHUM does not disclose wherein the humic substance comprises 40 to 100 weight percent humic acid. SHI teaches it is known in the conventional art of forming fertilizer granules comprising a humic substance and nitrogen-containing components, a field of endeavor to which NOVIHUM directly pertains, to obtain conventional nitrogen- containing fertilizer granules by incorporating within a humic substance comprising 40-100 weight percent humic acid (at least 35 kg of humic acid may be added within a conventional fertilizer already comprising urea, wherein said amount of humic acid comprises the entirety of the humic substance that is added to the fertilizer composition; paragraph [0042] of SHI). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the humic substance of NOVIHUM such that the resulting substance comprises 40-100 weight percent humic acid as taught in SHI, in order to provide an efficient, environmentally friendly fertilizer product (paragraph [0041] of SHI).
As per claim 15, NOVIHUM teaches the method according to claim 12. NOVIHUM does not disclose wherein the nitrogen-containing component is monoammonium phosphate, diammonium phosphate or urea. SHI teaches it is known in the conventional art of forming fertilizer granules comprising a humic substance and a nitrogen-containing component, a field of endeavor to which NOVIHUM directly pertains, to use urea as the main nitrogen-containing component within a conventional fertilizer (the main nitrogen containing component within a conventional humic substance-containing fertilizer is urea; ¶ [0030] of SHI). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the nitrogen-containing component of NOVIHUM with urea as taught in SHI, in order to provide an efficient, environmentally friendly fertilizer product (paragraph [0041] of SHI).
As per claim 17, NOVIHUM teaches the method according to claim 12. NOVIHUM does not disclose wherein the method further comprises the step of applying at least one coating to the granules. SHI teaches it is a known practice in the conventional art of forming fertilizer granules comprising a humic substance and a nitrogen-containing component, a field of endeavor to which NOVIHUM directly pertains, to coat each fertilizer granule with a coating (a coating comprising gelatin, polyethylene glycol, water and oxidized sodium alginate is applied to each fertilizer particle layer; Claim 1 of SHI). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the method of NOVIHUM such that the resulting method comprises applying at least one coating to the granules as taught in SHI, in order to provide an efficient, environmentally friendly fertilizer product (¶ [0041] of SHI).
Claim 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over NOVIHUM in view of the machine-generated English translation of CN 106810372 A to Gao et al. (hereinafter "GAO").
As per claim 14, NOVIHUM teaches the method according to claim 12, wherein NOVIHUM further teaches it is common technical knowledge that humic substances are normally made up of fulvic acid (humic substances are fulvic acids; paragraph [0016] of NOVIHUM). Further, GAO teaches it is known in the conventional art of making fertilizers comprising humic substances, a field of endeavor to which NOVIHUM directly pertains, to form such a conventional fertilizer composition by incorporating a coal-derived humic comprising an amount of fulvic acid that is within the claimed range (prior to its incorporation within a fertilizer composition, a coal-derived humic is purified such that it ultimately comprises > 50 wt.% fulvic acid; paragraph [0034] of GAO). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the humic substance of NOVIHUM such that the resulting humic comprises 40-100 weight percent fulvic acid as taught in GAO, in order to provide an advantageous distinctive fertilizing capability (paragraph [0034] of GAO).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over SHI in view of NOVIHUM, in further view of GAO.
As per claim 3, SHI in combination with NOVIHUM teaches the method of claim 1. SHI does not disclose wherein the humic substance comprises 40-100 weight percent fulvic acid. NOVIHUM teaches it is common technical knowledge that humic substances are normally made up of fulvic acid (humic substances are fulvic acids; paragraph [0016] of NOVIHUM). Further, GAO teaches it is known in the conventional art of making fertilizers comprising humic substances, a field of endeavor to which SHI directly pertains, to form such a conventional fertilizer composition by incorporating a coal-derived humic comprising an amount of fulvic acid that is within the claimed range (prior to its incorporation within a fertilizer composition, a coal-derived humic is purified such that it ultimately comprises > 50 wt.% fulvic acid; paragraph [0034] of GAO). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the humic substance of SHI such that the resulting humic comprises 40-100 weight percent fulvic acid as taught in GAO, in order to provide an advantageous distinctive fertilizing capability (paragraph [0034] of GAO).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over SHI in view of NOVIHUM, in further view of the machine-generated English translation of CN 103626555 A to Li et al. (hereinafter "LI").
As per claim 6, SHI in combination with NOVIHUM teaches the method of claim 1. SHI does not disclose wherein the humic substance comprises purified humic acid. LI teaches it is known in the conventional art of making fertilizers comprising humic substances, a field of endeavor to which SHI directly pertains, to form such a conventional fertilizer composition by incorporating within a purified humic acid (a purified humic acid is incorporated within a conventional fertilizer composition; paragraphs [0011], [0024]; Claims 1-2 of LI). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the humic substance of SHI such that the resulting humic substance comprises purified humic acid as taught in LI, in order to provide a more environmentally friendly final fertilizer (¶ [0009] of LI).
Claim 9 isrejected under 35 U.S.C. 103 as being unpatentable over SHI in view of NOVIHUM, in further view of US 4,469,503 A to Richard F. Stockel (hereinafter "STOCKEL").
As per claim 9, SHI in combination with NOVIHUM teaches the method of claim 1, wherein SHI further teaches wherein the nitrogen-containing component is urea (the nitrogen-containing component in the fertilizer is urea; Claim 1). SHI does not disclose wherein the humic substance is subbituminous coal. STOCKEL teaches it is known in the conventional art of making fertilizers comprising humic substances, a field of endeavor to which SHI directly pertains, to form a conventional urea-containing fertilizer by incorporating within subbituminous coal (a conventional urea-containing fertilizer composition comprises subbituminous coal; Abstract; Table 1; col. 5 lines 32-37; col. 7 lines 46-60; Claims 1, 7, 13 of STOCKEL). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the humic substance of SHI with subbituminous coal taught in STOCKEL, in order to advantageously provide a final fertilizer high in calcium orthophosphate (col. 5 lines 24-37 of STOCKEL).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over SHI in view of NOVIHUM, in further view of US 3,617,237 A to Nagasawa et al. (hereinafter "NAGASAWA").
As per claim 10, SHI in combination with NOVIHUM teaches the method of claim 1. SHI does not disclose wherein the forming and cooling of the fertilizer granules is by a pastillation process or an extrusion process. NAGASAWA teaches it is known in the conventional art of making fertilizers comprising humic substances, a field of endeavor to which SHI directly pertains, to form conventional fertilizer granules by an extrusion process (a conventional fertilizer composition comprising a humic substance and nitrogen-containing components is subjected to an extrusion process, wherein said composition is shaped and cooled at a temperature lower than about 70 degrees Celsius, thereby forming fertilizer granules; Abstract; col. 2 line 68 - col. 3 line 7; Example 2 of NAGASAWA). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the forming and cooling method step(s) of SHI such that the resulting method comprises forming and cooling the fertilizer granules by an extrusion process taught in NAGASAWA, in order to reliably provide the final finished granules (Abstract of NAGASAWA). Claim 19 lacks an inventive step under PCT Article 33(3) as being obvious over NOVIHUM in view of SHI, in further view of STOCKEL. As per claim 19, NOVIHUM teaches the method of claim 12. NOVIHUM does not disclose wherein the nitrogen-containing component is urea. NOVIHUM further does not disclose wherein the humic substance is subbituminous coal. SHI teaches it is known in the conventional art of forming fertilizer granules comprising a humic substance and a nitrogen-containing component, a field of endeavor to which NOVIHUM directly pertains, to use urea as the main nitrogen-containing component within a conventional fertilizer (the main nitrogen containing component within a conventional humic substance-containing fertilizer is urea; paragraph [0030] of SHI). Further, STOCKEL teaches it is known in the conventional art of making fertilizers comprising humic substances, a field of endeavor to which NOVIHUM directly pertains, to form a conventional urea-containing fertilizer by incorporating within subbituminous coal (a conventional urea-containing fertilizer composition comprises subbituminous coal; Abstract; Table 1; col. 5 lines 32-37; col. 7 lines 46-60; Claims 1, 7, 13 of STOCKEL). It would have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the nitrogen-containing component of NOVIHUM with urea as taught in SHI, in order to provide an efficient, environmentally friendly fertilizer product (paragraph [0041] of SHI). It would further have been obvious to one of ordinary skill before the relevant date to have modified and / or replaced the humic substance of NOVIHUM with subbituminous coal taught in STOCKEL, in order to advantageously provide a final fertilizer high in calcium orthophosphate (col. 5 lines 24-37 of STOCKEL).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN J PACKARD whose telephone number is (571)270-3440. The examiner can normally be reached Mon 2-6pm and Tues-Fri 9:30am-6:30pm + mid-day flex.
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/BENJAMIN J PACKARD/ Primary Examiner, Art Unit 1612
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