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 § 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, 4-5, 7-12, 16, 18-19, 21, 23-24, 28-34 are rejected under 35 U.S.C. 103 as being unpatentable over Bueno (US 2017/0127670) in view of Klomp (US 2023/0058359).
Regarding claims 1-2, 4, 9-11, 16, 18, 23, 28-30, 34, Bueno discloses an aqueous emulsion comprising: an aqueous fluid; 5 wt. % to 60 wt. % of at least one wax, based on total solids (claims 1, 9, 12 disclose an aqueous seed coating composition comprising an aqueous pre-blend and a wax in the pre-blend comprising 40-85% by weight based on the total weight of solids in the pre-blend, [0002]-[0003] coating seeds), but does not expressly disclose 0.1 wt. % to 45 wt. % of at least one rosin acid, based on total solids, the at least one rosin acid being at least partially neutralized with at least one base, wherein the at least one base comprises a base selected from the group consisting of aqueous ammonia, an amine, an alkali metal hydroxide, and any combination thereof.
However, Klomp discloses a similar seed coating film composition (Abstract) having 0.1 wt. % to 45 wt. % of at least one rosin acid, based on total solids, the at least one rosin acid being at least partially neutralized with at least one base (claims 1, 3-4, and [0031] comprising 20-80% of rosin derivative modified from rosin acid in a resin dispersion, and rosin acids partially or fully hydrogenated or disproportionated), wherein the at least one base comprises a base selected from the group consisting of aqueous ammonia, an amine, an alkali metal hydroxide, and any combination thereof ([0061] amines)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Bueno, by adding 0.1 wt. % to 45 wt. % of at least one rosin acid, based on total solids, the at least one rosin acid being at least partially neutralized with at least one base, wherein the at least one base comprises a base selected from the group consisting of aqueous ammonia, an amine, an alkali metal hydroxide, and any combination thereof., as taught by Klomp, for the purpose of applying an aqueous emulsion to seeds or bulbs for wet and dry flowability, abrasion resistance, dust off, germination, plantability and colour retention.
Regarding claims 5, 19, 32, Bueno discloses wherein the at least one wax is selected from the group consisting of at least one naturally sourced wax, at least one Fischer-Tropsch wax, and any combination thereof (claim 2 discloses the wax is selected from the group consisting of polyethylene wax, Fischer-Tropsch wax, and carnauba wax).
Regarding claims 7, 21, 33, Bueno discloses wherein the at least one wax consists of one or more naturally sourced waxes ([0037] The wax used in the present invention may be selected from the group consisting of natural wax, mineral wax and synthetic wax or a combination thereof.).
Regarding claim 8, Bueno discloses wherein the at least one naturally sourced wax ([0037] The wax used in the present invention may be selected from the group consisting of natural wax, mineral wax and synthetic wax or a combination thereof.) comprises at least one of carnauba wax, rice bran wax, montan ester wax, soy wax, palm wax, beeswax, sugar cane wax, sunflower wax, or any combination thereof ([0037] the wax is selected from the group consisting of polyethylene wax, carnauba wax, paraffin wax, polypropylene wax, oxidised polyethylene wax, montan wax, ceresin wax, ozocerite, peat wax, Fischer-Tropsch wax, amide wax, ethylene-acrylic acid wax, polyolefin wax, ethylene bis stearamide wax, bees wax, lanolin wax, sugar cane wax, palm wax, and vegetable wax).
Regarding claims 12, 24, Bueno discloses further comprising: at least one biopolymer, at least one water-soluble polymer, at least one surfactant, at least one biocide, at least one effect pigment, or any combination thereof (claim 9 combining (i) an aqueous pre-blend comprising a wax, at least one first pigment, and an optional surface active agent, (ii) one or more biologically active ingredients, (iii) a dye and/or second pigment different to the first pigment, and (iv) optionally water).
Regarding claim 31, Bueno discloses wherein contacting comprises spraying the aqueous emulsion onto the plurality of seeds ([0085] spraying the liquid coating composition onto the seeds), or tumbling the plurality of seeds with the aqueous emulsion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M RODZIWICZ/Examiner, Art Unit 3642
/MONICA L PERRY/Primary Examiner, Art Unit 3644
