UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`16/347,561
`
`05/03/2019
`
`Gordon Alastair BELL
`
`SYG-0298PA(115479.000216)
`
`1089
`
`153842
`BakerHostetler
`
`7590
`
`04/02/2021
`
`Washington Square, Suite 1100
`Washington, DC 20036-5304
`
`EXAMINER
`
`SULLIVAN, DANIELLE D
`
`ART UNIT
`
`1617
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/02/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`eofficemonitor @bakerlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`Applicant(s)
`16/347,561
`BELL etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DANIELLE D SULLIVAN
`1617
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 2/26/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-5 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.{¥] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`
`Paper No(s)/Mail Date8/28/2019and2/26/2021.
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210326
`
`

`

`Application/Control Number: 16/347,561
`Art Unit: 1617
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being
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`examined under the first inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 8/28/2019
`
`and 2/26/2021 is in compliance with the provisions of 37 CFR 1.97.
`
`Accordingly, the information disclosure statement was considered by the
`
`examiner.
`
`Claim Objections
`
`Claim 2 is objected to because of the following informalities: It is
`
`suggested that Applicant change claim 2, line 1 from “the agrochemical is”
`
`to “the agrochemical is selected from the group consisting of” for clarity.)
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or more claims
`particularly pointing out and distinctly claiming the subject matter which the
`inventor or a joint inventor regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second
`paragraph:
`
`

`

`Application/Control Number: 16/347,561
`Art Unit: 1617
`
`Page 3
`
`The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the applicant regards as his
`invention.
`
`Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
`
`second paragraph, as being a use claim which fails to recite steps of use.
`
`See MPEP §2173.5(q). The metes and bounds of the claim are unclear
`
`because the processfails to set forth any steps involved in the process of
`
`use. The claims have been treated as composition claims in order to
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`advance prosecution.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or
`described as set forth in section 102 of this title, if the differences between the subject
`matter sought to be patented and the prior art are such that the subject matter as a
`whole would have been obvious at the time the invention was made to a person having
`ordinary skill in the art to which said subject matter pertains. Patentability shall not be
`negatived by the manner in which the invention was made.
`
`Claims 1-5 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Merlet et al. (US 2011/0082037; publication date April 7, 2011)
`
`in
`
`view of Croda (Speciality ingredients for personal care 2™ Edition, November
`
`2005).
`
`

`

`Application/Control Number: 16/347,561
`Art Unit: 1617
`
`Page 4
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`Applicant’s Invention
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`Applicant claims a composition comprising (i) an alkyl polyglucoside of
`
`formula I, where n is from 7-11; and m is from 1-3;
`
`4ALC
`
`
`(ii) a non-ionic surfactant which is not an alkyl polyglucoside with an HLB
`
`greater than or equal to 12; and (iii) an agrochemical which has a water
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`solubility of less than 300 g/I, where the concentration of (i) is greater than
`
`or equal to(ii).
`
`Determination of the scope and the content of the prior art
`
`(MPEP 2141.01)
`
`Merlet et al. teach an adjuvant blend comprising (a) and alk(en)yl
`
`oligoglycoside alkoxylate and b) a primary alcohol ethoxylate which
`
`improves the activity of various biocides (abstract). The alkyl
`
`oligoglycosides have a formula I,
`
`Riad),
`“wherein R1 is a 6-22 alkyl, G
`
`is a sugar unit having 5 or 6 atoms and p is a number from 1-10 [0010-11].
`
`

`

`Application/Control Number: 16/347,561
`Art Unit: 1617
`
`Page 5
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`These encompass alkyl polyglucosides of formula I claimed. Merlet et al.
`
`teach the primary alcohol ethoxylates are non-ionic surfactants which are
`
`saturated or unsaturated alcohols having 16-22 carbon atoms, such as oleyl
`
`alcohol +10E0O [0013-14]. Oleyl alcohol +10EO is also known as Oleth-10.
`
`Croda buttresses that point by teaching that Oleyl alcohol +10EO has an
`
`HLB of 12.4 (Croda, page 19, product name Volpo N10). The compositions
`
`comprise components (a) and (b) in ratios of 10:90 to 90:10 and are
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`formulated as aqueous solutions or pastes (soluble liquids) with a water
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`content of 10-90%b.w. based on the diluted or concentrated formulation
`
`and more of component (a) in relation to component (b) [0015]. The
`
`biocides blended with the adjuvants are preferably glyphosates and
`
`glufosinate, however, other biocides include those with water solubility of
`
`less than 300 g/I, such as azoxystrobin, epoxiconazole and pyrazole
`
`fungicides [0023-25, 0030].
`
`Ascertainmentof the difference between the prior art and the claims
`
`(MPEP 2141.02)
`
`Merlet et al. teach agrochemicals that are combined with the adjuvant
`
`with a water solubility of less than 300 g/l selected from azoxystrobin,
`
`epoxiconazole and pyrazole fungicides. Therefore, Merlet teaches the
`
`broader genus of various herbicides and compounds that are known to have
`
`

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`Application/Control Number: 16/347,561
`Art Unit: 1617
`
`Page 6
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`the required water solubility of less than 30 g/l and claimed species in claim
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`2, namely azoxystrobin and epoxiconazole. Therefore, it would have been
`
`obvious for one of ordinary skill to select azoxystrobin, epoxiconazole and
`
`pyrazole fungicides as possible active ingredients that can be improved by
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`the addition of the adjuvant formulation
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`Finding of prima facie obviousness
`
`Rationale and Motivation (MPEP 2142-2143)
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`Therefore, it would have been prima facie obvious to one of ordinary
`
`skill at the time of invention to use the teachings of Merlet et al. and select
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`azoxystrobin or epoxiconazole as agrochemicals that can be formulated as
`
`soluble liquids with a reasonable expectation of success. One of ordinary
`
`skill would have been motivated at the time of the invention to select
`
`azoxystrobion or epoxiconazole as potential active ingredients in a
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`formulation because Merlet et al. teach that the adjuvant comprising alkyl
`
`polyglucosides and non-ionic surfactants with an HLB of 12.4 improved the
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`activity of the active ingredient.
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`Conclusion
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`No claims allowed.
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`Any inquiry concerning this communication or earlier communications
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`from the examiner should be directed to DANIELLE D SULLIVAN whose
`
`

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`Application/Control Number: 16/347,561
`Art Unit: 1617
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`Page 7
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`telephone number is (571)270-3285. The examiner can normally be
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`reached on Monday-Friday 9:00 am-5:30 pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To
`
`schedule an interview, applicant is encouraged to use the USPTO Automated
`
`Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner’s supervisor, Johann Richter can be reached on 571-272-0646.
`
`The fax phone number for the organization where this application or
`
`proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained
`
`from the Patent Application Information Retrieval (PAIR) system. Status
`
`information for published applications may be obtained from either Private
`
`PAIR or Public PAIR. Status information for unpublished applications is
`
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`
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`
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`
`571-272-1000.
`
`DANIELLE D. SULLIVAN
`
`

`

`Application/Control Number: 16/347,561
`Art Unit: 1617
`
`Page 8
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`Examiner
`
`Art Unit 1617
`
`/JOHANN R RICHTER/
`Supervisory Patent Examiner, Art Unit 1617
`
`