Peer To Patent

Pre-Grant Publication Number: 20110028322

Herbicide composition and weed control method

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Discussion (11)

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Ryan O'Quinn (about 2 years ago)

Great job on this application so far guys!

Helen Shi (about 2 years ago)

In the plant section of my general biology class a year or two ago, we were taught in lecture that plants such as pines and sequoias (in the Order Pinales) tended to produced herbicides that prevented other plants from growing near them as a method of controlling competition. However, I am having difficulty finding this research stated in texts and articles.

Eun Sol Cho (about 2 years ago)

I agree. Using oil extracts from pines and cloves is already being suggested for use for those who are interested in using organic materials for herbicides. I feel like we can find a prior art for this patent application

Helen Shi (about 2 years ago)

I have submitted a prior art regarding the use of organic pine extracts as herbicide though I am having difficulty finding papers regarding the use of junipers and cypress extracts.

Manny Schecter (about 2 years ago)

Great! Notice that the broadest claims do not refer to junipers or cypress - so even just a reference referring to pine is valuable as prior art. Notice, thought, that the claim refers to "lumber", which the description distinguishes from roots and leaves. If your reference indicates the pine extract is from the lumber of pine, it would be helpful to specify same, including precisely where it does so - the patent examiner will no doubt be looking for that.

Eun Sol Cho (about 2 years ago)

Yes! I was wondering about that because there is a commercial product called Interceptor that uses pine oil extract for producing herbicide, but there is no information on how they extract this specific ingredient :(. So, would a prior art that says this product exists be not enough?

Manny Schecter (about 2 years ago)

There is no firm answer. If there is other prior art showing that extracts can be produced from different parts of trees, and for similar purposes, but without specifying everything in the claim, it may be that the patent app could be rejected as obvious in view of the combination such a reference and your reference. Whether the combination of references is obvious is a much argued matter. The more nexus can be found between references the more likely they can be legitimately combined for a finding of obviousness. Net is that your prior art reference is still going to be helpful, but if it does not show all elements of the claim another reference showing the remaining elements and with sufficient nexus will be required for rejection.

Helen Shi (about 2 years ago)

I just submitted prior art that provides some evidence that the pine oil extract of Organic Interceptor (TM) is from the "lumber" of pine trees. More specifically, the article states, "liquid residues created during processing of pine trees for pulp and paper." Lumber is what is typically processed to produce tree pulp and paper.

I do believe that perhaps the patent should more clearly define "lumber."

Helen Shi (about 2 years ago)

Actually, claim 1 names the Order Pinales includes the Family Cupressaceae, which is later named in subsequent claims, and this is the family to which junipers and cypress belong.

My reference indicates that the pine extract comes from the green leaves, bark, and "litter" (which i believe would include pieces of "lumber" and twigs). It appears that anything that is not leaves or roots is "lumber" in the patent.

Manny Schecter (about 2 years ago)

Helen, you might consider speaking with your instructor about this or inviting him/her in as a reviewer - he/she may have knowledge as to prior art references. That is generally true of any academics with specialized knowledge - great to consult them or invite them in.

Helen Shi (about 2 years ago)

Thanks, Manny! I have taken your advice and done so. Hopefully he can take some time to take a look at this patent.

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