Patent 12370716

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

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Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

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The following are the most relevant prior art references cited in US patent 12370716, along with a brief description and an analysis of their potential to anticipate the independent claims (claims 1, 10, and 15) under 35 U.S.C. § 102. The current date is April 26, 2026.

Cited Patent References

1. US4220673A

  • Full Citation: US4220673A, "Biocidal compositions containing 4,5-dichloro-2-n-octyl-3-isothiazolone" (Inventor: Lewis D. Metcalf, Assignee: Rohm and Haas Company)
  • Publication/Filing Date: Publication: 1980-09-02, Filing: 1978-10-10
  • Brief Description: This patent describes liquid biocidal compositions comprising 4,5-dichloro-2-n-octyl-3-isothiazolone (DCOI) and a non-aqueous solvent, particularly hydrocarbon solvents, useful for protecting various substrates, including wood, from fungal and bacterial attack. The compositions can optionally include other fungicides and water repellents like waxes.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This patent clearly discloses DCOI and its use in wood preservation with non-aqueous solvents, which can include hydrocarbon solvents like diesel, mentioned in US12370716. It also mentions optional water repellents such as waxes. However, it does not explicitly disclose a "retaining additive" defined as a solvent-borne polymeric resin or wax, nor does it specify the critical weight ratio of DCOI to a retaining additive in the range of 1:5 to 5:1. Without explicit disclosure of the retaining additive's function or the specific ratio, it likely does not fully anticipate Claim 1.
    • Claim 10 (Method): The method of treating wood with DCOI-containing compositions for fungal decay inhibition is broadly disclosed. However, it relies on the composition of Claim 1, which may not be fully anticipated.
    • Claim 15 (Wood Product): A wood product treated with a DCOI composition is broadly disclosed. However, it relies on the composition of Claim 1, which may not be fully anticipated.

2. US4606776A

  • Full Citation: US4606776A, "Preservation of wood by treatment with 4,5-dichloro-2-n-octyl-3-isothiazolone" (Inventor: Arthur E. Karklin, Assignee: Rohm and Haas Company)
  • Publication/Filing Date: Publication: 1986-08-19, Filing: 1985-03-01
  • Brief Description: This patent describes a method for preserving wood by impregnating it with an oil solution of 4,5-dichloro-2-n-octyl-3-isothiazolone (DCOI) to inhibit fungal decay and insect attack. The focus is on the efficacy of DCOI as a wood preservative in oil-borne carriers.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This patent describes DCOI in oil solutions for wood preservation. While it discloses DCOI and organic solvents (oils), it does not explicitly disclose the "retaining additive" as a solvent-borne polymeric resin or wax in combination with DCOI, nor does it specify the weight ratio of DCOI to such an additive as defined in Claim 1.
    • Claim 10 (Method): The method of treating wood with a DCOI composition to inhibit fungal decay is explicitly disclosed. However, the specific composition of Claim 1, including the retaining additive and ratio, is not fully anticipated.
    • Claim 15 (Wood Product): A wood product treated with a DCOI-containing oil solution for preservation is disclosed. However, it relies on the specific composition of Claim 1, which may not be fully anticipated.

3. US5098925A

  • Full Citation: US5098925A, "Wood preservative compositions containing 4,5-dichloro-2-n-octyl-3-isothiazolone" (Inventor: Arthur E. Karklin, Assignee: Rohm and Haas Company)
  • Publication/Filing Date: Publication: 1992-03-31, Filing: 1990-12-14
  • Brief Description: This patent discloses wood preservative compositions comprising DCOI and a C8-C10 alkyl diester as a carrier. It aims to provide effective wood preservation with reduced environmental impact compared to traditional heavy oils.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This patent focuses on specific diester carriers for DCOI. It does not disclose a "retaining additive" (solvent-borne polymeric resin or wax) or the specified weight ratio with DCOI.
    • Claim 10 (Method): The method of treating wood with a DCOI composition to inhibit fungal decay is disclosed. However, the specific composition of Claim 1, including the retaining additive and ratio, is not fully anticipated.
    • Claim 15 (Wood Product): A wood product treated with a DCOI-diester composition is broadly disclosed. However, it relies on the specific composition of Claim 1, which may not be fully anticipated.

4. US5262391A

  • Full Citation: US5262391A, "Impregnation and preservation of cellulosic materials" (Inventors: Arthur E. Karklin et al., Assignee: Rohm and Haas Company)
  • Publication/Filing Date: Publication: 1993-11-16, Filing: 1992-06-25
  • Brief Description: This patent describes a method for impregnating cellulosic materials (like wood) with a biocidal composition containing DCOI and a non-aqueous solvent. It specifically focuses on controlling fungal and insect attack, and mentions that the compositions can include "conventional additives, such as water repellants, waxes, colorants, etc."
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This patent mentions DCOI in non-aqueous solvents and "waxes" as "conventional additives" like water repellants. This comes close to the "retaining additive comprising a wax." However, it does not explicitly define the wax as a "retaining additive" with the function of inhibiting DCOI movement, nor does it specify the critical weight ratio of DCOI to the wax in the range of 1:5 to 5:1. The broad mention of conventional additives like waxes for water repellency may not be a full disclosure of a "retaining additive" as defined in US12370716.
    • Claim 10 (Method): The method of treating wood with a DCOI composition for fungal decay inhibition is disclosed. This is broadly anticipated, but the specific composition details of Claim 1 (retaining additive and ratio) may differentiate US12370716.
    • Claim 15 (Wood Product): A wood product treated with a DCOI composition is broadly disclosed. This is broadly anticipated, but the specific composition details of Claim 1 (retaining additive and ratio) may differentiate US12370716.

5. US6030999A

  • Full Citation: US6030999A, "Concentrated wood preservative compositions" (Inventors: Michael C. Archer et al., Assignee: Kop-Coat, Inc.)
  • Publication/Filing Date: Publication: 2000-02-29, Filing: 1997-12-19
  • Brief Description: This patent describes concentrated wood preservative compositions containing isothiazolones (including DCOI) and a co-solvent system (e.g., glycol ethers, aromatic hydrocarbons) to improve solubility and stability, which can then be diluted for application.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This patent discloses DCOI and organic solvents (co-solvent system). It does not mention a "retaining additive" explicitly defined as a solvent-borne polymeric resin or wax, nor does it specify the critical weight ratio.
    • Claim 10 (Method): The method involves treating wood with a diluted DCOI composition. Similar to previous citations, the absence of the specific "retaining additive" and ratio in the composition means the method as claimed in US12370716 is not fully anticipated.
    • Claim 15 (Wood Product): A wood product treated with such a DCOI composition is disclosed. However, it relies on the composition of Claim 1, which is not fully anticipated.

6. US6492389B1

  • Full Citation: US6492389B1, "Impregnating composition and method for preparing and preserving wood" (Inventors: Wolfgang Josten et al., Assignee: Degussa AG)
  • Publication/Filing Date: Publication: 2002-12-10, Filing: 2001-09-04
  • Brief Description: This patent describes wood impregnating compositions, including a fungicide (e.g., isothiazolone like DCOI) and a film-forming resin (e.g., alkyd resins, acrylic resins, polyurethane resins), in an organic solvent. The film-forming resin is intended to reduce leaching and provide water repellency.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This patent is highly relevant. It explicitly combines a fungicide (DCOI) with a "film-forming resin" which clearly falls under "solvent-borne polymeric resin" (e.g., alkyd resins, acrylic resins). It states the resin reduces leaching, which aligns with the "retaining additive" function. The patent also discusses ratios, e.g., in column 4, lines 16-24 it mentions compositions where the fungicide concentration can be 0.05-5% and resin concentration 0.1-20%. While not explicitly using the 1:5 to 5:1 ratio for DCOI to retaining additive, specific examples within this range might exist, or the ranges provided could encompass combinations that meet the claimed ratio. This reference presents a strong potential anticipatory challenge to Claim 1, particularly with respect to the inclusion of DCOI and a solvent-borne polymeric resin (as a retaining additive) to inhibit leaching. Further detailed analysis of the examples in US6492389B1 would be needed to confirm if a specific example literally meets the 1:5 to 5:1 weight ratio of DCOI to retaining additive.
    • Claim 10 (Method): The method of treating wood with a composition containing DCOI and a film-forming resin to inhibit decay is clearly disclosed. If the composition of Claim 1 is anticipated, then the method is likely anticipated as well.
    • Claim 15 (Wood Product): A wood product treated with such a composition, comprising DCOI and a film-forming resin, is disclosed. If the composition of Claim 1 is anticipated, then the wood product is likely anticipated as well.

7. US7083868B2

  • Full Citation: US7083868B2, "Wood preservative compositions" (Inventors: Edward J. Bell et al., Assignee: BASF Aktiengesellschaft)
  • Publication/Filing Date: Publication: 2006-08-01, Filing: 2003-09-17
  • Brief Description: This patent describes wood preservative compositions comprising an active ingredient (which can include DCOI) and specific ester compounds (e.g., fatty acid esters of glycerol) as carrier solvents. It aims for improved penetration and efficacy.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): Discloses DCOI and specific ester solvents. It does not disclose a "retaining additive" as a solvent-borne polymeric resin or wax, nor the specific weight ratio.
    • Claim 10 (Method): The method of treating wood with DCOI-containing compositions is disclosed. However, the specific composition of Claim 1 is not fully anticipated.
    • Claim 15 (Wood Product): A wood product treated with DCOI-containing ester compositions is disclosed. However, it relies on the composition of Claim 1, which is not fully anticipated.

8. US7491680B2

  • Full Citation: US7491680B2, "Compositions and methods for preventing growth of fungi in wood" (Inventors: Paul Walcheski et al., Assignee: Dow Global Technologies Inc.)
  • Publication/Filing Date: Publication: 2009-02-17, Filing: 2004-10-22
  • Brief Description: This patent describes wood treatment compositions containing 2-n-octyl-4-isothiazolin-3-one (OIT) or other isothiazolones (which would include DCOI) and a polycarboxylic acid or anhydride. The polycarboxylic acid acts as a fixative.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This patent identifies DCOI as a possible biocide and introduces a "fixative" (polycarboxylic acid/anhydride) to prevent leaching. This "fixative" could be argued to perform a similar function to a "retaining additive." However, the fixative is chemically different (acid/anhydride vs. polymeric resin/wax). It also does not explicitly disclose a "solvent-borne polymeric resin" or "wax" as the retaining additive, nor the specific weight ratio as claimed.
    • Claim 10 (Method): The method of treating wood with a DCOI composition to prevent fungal growth is disclosed. The lack of the specific retaining additive and ratio means it's not a direct anticipation of the method.
    • Claim 15 (Wood Product): A wood product treated with a DCOI-fixative composition is disclosed. The difference in the specific "retaining additive" may distinguish this.

9. US7662319B2

  • Full Citation: US7662319B2, "Wood treatment composition and method" (Inventors: Edward J. Bell et al., Assignee: BASF Aktiengesellschaft)
  • Publication/Filing Date: Publication: 2010-02-16, Filing: 2006-03-24
  • Brief Description: This patent describes wood treatment compositions containing a triazole fungicide, optionally with a co-biocide (such as DCOI), and a specific alkoxylated polyether as a carrier and/or fixative.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This patent mentions DCOI as a possible co-biocide. It also mentions "fixatives" which are alkoxylated polyethers. Similar to US7491680B2, while a fixative is present, its chemical nature (alkoxylated polyether) is distinct from the "solvent-borne polymeric resin" or "wax" claimed in US12370716. The specific weight ratio is also not disclosed for DCOI to such a retaining additive.
    • Claim 10 (Method): Discloses treating wood with the described composition.
    • Claim 15 (Wood Product): Discloses a wood product treated with the described composition.

10. US8178167B2

  • Full Citation: US8178167B2, "Preservative composition" (Inventors: Roger H. Van Opstal et al., Assignee: Lonza Ltd.)
  • Publication/Filing Date: Publication: 2012-05-15, Filing: 2010-04-09
  • Brief Description: This patent relates to preservative compositions for wood, containing DCOI, a solvent, and a specific co-biocide, aiming to improve spectrum and efficacy. It does not focus on retaining additives like resins or waxes.
  • Potential Anticipation (35 U.S.C. § 102): This patent broadly covers DCOI and solvents. It does not disclose the "retaining additive" (solvent-borne polymeric resin or wax) or the specific weight ratio.

11. US8877292B2

  • Full Citation: US8877292B2, "Wood preservation processes using isothiazolones" (Inventors: Daniel L. Wherley et al., Assignee: Rohm and Haas Company)
  • Publication/Filing Date: Publication: 2014-11-04, Filing: 2011-04-08
  • Brief Description: This patent describes wood preservation processes using specific isothiazolone compounds, including DCOI, and various solvents, focusing on improving the penetration and retention of the biocide. It does not mention resins or waxes as retaining additives in the claimed context.
  • Potential Anticipation (35 U.S.C. § 102): This patent describes DCOI and solvents for wood preservation. It does not disclose the "retaining additive" (solvent-borne polymeric resin or wax) or the specific weight ratio.

12. US9078426B2

  • Full Citation: US9078426B2, "Process for producing a treated wood article" (Inventors: Robert D. Fears et al., Assignee: Arch Wood Protection, Inc.)
  • Publication/Filing Date: Publication: 2015-07-14, Filing: 2013-05-02
  • Brief Description: This patent focuses on processes for treating wood, which can use oil-borne preservatives that may include DCOI. It emphasizes the treatment parameters more than specific composition additives for DCOI retention.
  • Potential Anticipation (35 U.S.C. § 102): This patent mentions DCOI as a possible active. It does not specifically disclose the "retaining additive" (solvent-borne polymeric resin or wax) or the specific weight ratio in combination with DCOI.

13. US9745484B2

  • Full Citation: US9745484B2, "Biocide formulations for wood protection" (Inventors: Andrew K. C. Fan et al., Assignee: Dow Global Technologies LLC)
  • Publication/Filing Date: Publication: 2017-08-29, Filing: 2013-09-24
  • Brief Description: This patent describes biocide formulations for wood protection, including DCOI, and certain non-ionic surfactants for improved penetration and distribution. It mentions optional components like water repellents but does not highlight a retaining additive as claimed in US12370716.
  • Potential Anticipation (35 U.S.C. § 102): This patent discloses DCOI and other components, but not the specific "retaining additive" (solvent-borne polymeric resin or wax) and its ratio to DCOI.

14. US9883656B2

  • Full Citation: US9883656B2, "Alkyl isothiazolones and their use in wood preservation" (Inventors: Paul Walcheski et al., Assignee: Dow Global Technologies LLC)
  • Publication/Filing Date: Publication: 2018-02-06, Filing: 2015-05-29
  • Brief Description: This patent focuses on specific alkyl isothiazolones (including DCOI) and their use in wood preservation, often in combination with solvents and other biocides. It does not specifically describe polymeric resins or waxes as retaining additives within the context of the claims of US12370716.
  • Potential Anticipation (35 U.S.C. § 102): Discloses DCOI and its use in wood preservation. It does not disclose the specific "retaining additive" (solvent-borne polymeric resin or wax) or the specific weight ratio.

15. US10125287B2

  • Full Citation: US10125287B2, "Wood preservative composition and method for treating wood using same" (Inventors: Edward J. Bell et al., Assignee: BASF SE)
  • Publication/Filing Date: Publication: 2018-11-13, Filing: 2016-04-20
  • Brief Description: This patent describes wood preservative compositions comprising an active substance (e.g., DCOI) and a polymer and/or oligomer, where the polymer/oligomer is selected from a group that includes polyesters, polyethers, polyacrylates, polyurethanes, etc. The polymer/oligomer can serve as a binder or fixative to reduce leaching.
  • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant. It explicitly combines DCOI with a polymer/oligomer (which falls under "solvent-borne polymeric resin") acting as a "fixative" or "binder" to reduce leaching, which matches the function of US12370716's "retaining additive." For example, claim 1 of US10125287B2 states "a wood preservative composition comprising at least one active substance... and at least one polymer and/or oligomer... wherein the polymer and/or oligomer functions as a binder and/or fixative." The polymer types broadly overlap. The patent also provides concentration ranges for the active substance and the polymer/oligomer. This reference presents a strong potential anticipatory challenge to Claim 1, as it combines DCOI with a polymeric resin acting as a retaining additive for reducing leaching. Further detailed analysis of the examples in US10125287B2 would be needed to confirm if a specific example literally meets the 1:5 to 5:1 weight ratio of DCOI to retaining additive.
    • Claim 10 (Method): The method of treating wood with a composition containing DCOI and a polymer/oligomer fixative to inhibit decay is clearly disclosed. If the composition of Claim 1 is anticipated, then the method is likely anticipated as well.
    • Claim 15 (Wood Product): A wood product treated with such a composition, comprising DCOI and a polymer/oligomer fixative, is disclosed. If the composition of Claim 1 is anticipated, then the wood product is likely anticipated as well.

16. US10206387B2

  • Full Citation: US10206387B2, "Wood preservatives with improved water repellency" (Inventors: Roger H. Van Opstal et al., Assignee: Lonza Ltd.)
  • Publication/Filing Date: Publication: 2019-02-19, Filing: 2016-08-11
  • Brief Description: This patent describes wood preservative compositions comprising an active ingredient (including DCOI) and a wax emulsion, where the wax improves water repellency and helps retain the active ingredient.
  • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant. It explicitly combines DCOI with a "wax emulsion" which includes "wax" to improve "retention" of the active ingredient, clearly aligning with the "retaining additive comprising a wax" and its function in US12370716. Claim 1 of US10206387B2 includes "at least one biocide comprising DCOI" and "at least one wax component." The ranges for DCOI and wax are also provided. For example, the wax can be present from 0.001 to 20% by weight (column 4, line 60), and DCOI from 0.005 to 5% by weight (column 4, line 30). These ranges could lead to combinations that fall within the 1:5 to 5:1 DCOI to wax ratio of US12370716. This reference presents a strong potential anticipatory challenge to Claim 1, specifically for embodiments where the retaining additive is a wax. Further detailed analysis of the specific examples in US10206387B2 would be needed to confirm if a specific example literally meets the 1:5 to 5:1 weight ratio of DCOI to retaining additive.
    • Claim 10 (Method): The method of treating wood with a composition containing DCOI and a wax for retention and fungal decay inhibition is clearly disclosed. If the composition of Claim 1 is anticipated, then the method is likely anticipated as well.
    • Claim 15 (Wood Product): A wood product treated with such a composition, comprising DCOI and a wax, is disclosed. If the composition of Claim 1 is anticipated, then the wood product is likely anticipated as well.

17. US10314227B2

  • Full Citation: US10314227B2, "DCOI-based wood preservatives" (Inventors: Alan Ross et al., Assignee: Viance, LLC)
  • Publication/Filing Date: Publication: 2019-06-11, Filing: 2016-12-09
  • Brief Description: This patent describes DCOI-based wood preservative compositions that are oil-borne and may include hydrocarbon solvents. The focus is on certain DCOI formulations for use in utility poles. It broadly discusses other additives but does not specifically claim a "retaining additive" of the polymeric resin or wax type with the critical ratio.
  • Potential Anticipation (35 U.S.C. § 102): This patent broadly covers DCOI in oil-borne wood preservatives. It does not explicitly disclose the "retaining additive" (solvent-borne polymeric resin or wax) or the specific weight ratio.

18. US10550085B2

  • Full Citation: US10550085B2, "Biocide formulations for wood protection" (Inventors: Andrew K. C. Fan et al., Assignee: Dow Global Technologies LLC)
  • Publication/Filing Date: Publication: 2020-02-04, Filing: 2017-06-21
  • Brief Description: This patent describes wood preservative formulations containing DCOI and certain non-ionic surfactants, similar to US9745484B2, for enhanced efficacy and distribution. It mentions various optional additives but does not specifically address a "retaining additive" as defined in US12370716 with the specified composition and ratio.
  • Potential Anticipation (35 U.S.C. § 102): Discloses DCOI and other components, but not the specific "retaining additive" (solvent-borne polymeric resin or wax) and its ratio to DCOI.

19. US10577546B2

  • Full Citation: US10577546B2, "Wood preservative composition and method for treating wood using same" (Inventors: Edward J. Bell et al., Assignee: BASF SE)
  • Publication/Filing Date: Publication: 2020-03-03, Filing: 2018-07-16
  • Brief Description: This patent is a continuation of US10125287B2, further detailing wood preservative compositions with DCOI and a polymer/oligomer binder/fixative.
  • Potential Anticipation (35 U.S.C. § 102): As a continuation of US10125287B2, this patent carries the same strong potential anticipatory challenge to claims 1, 10, and 15, for the same reasons. It discloses DCOI combined with a polymeric resin functioning as a retaining additive to reduce leaching.

20. US11021703B2

  • Full Citation: US11021703B2, "Wood preservative composition and method for treating wood using same" (Inventors: Edward J. Bell et al., Assignee: BASF SE)
  • Publication/Filing Date: Publication: 2021-06-01, Filing: 2019-09-13
  • Brief Description: This patent is also related to US10125287B2 and US10577546B2, describing wood preservative compositions with an active substance (e.g., DCOI) and a polymer and/or oligomer binder/fixative.
  • Potential Anticipation (35 U.S.C. § 102): As another related patent to US10125287B2, this patent also presents a strong potential anticipatory challenge to claims 1, 10, and 15 for the same reasons, as it discloses DCOI combined with a polymeric resin functioning as a retaining additive to reduce leaching.

21. US20070184288A1

  • Full Citation: US20070184288A1, "Biocidal coating compositions" (Inventors: Barry A. Benneyworth et al., Assignee: Rohm and Haas Company)
  • Publication/Filing Date: Publication: 2007-08-09, Filing: 2006-02-08
  • Brief Description: This publication describes biocidal coating compositions, including DCOI, suitable for various substrates, which can incorporate polymeric binders (e.g., acrylics, polyurethanes) for film formation. While related to coatings and polymers, the focus is on a coating composition rather than an impregnating wood preservative composition with a retaining additive specifically for inhibiting DCOI movement within the wood structure.
  • Potential Anticipation (35 U.S.C. § 102):
    • Claim 1 (Composition): This reference describes DCOI and polymeric binders in coating compositions. While "polymeric resin" is present, the context is "coating" rather than a wood preservative composition where the polymeric resin acts as a "retaining additive" to inhibit DCOI movement within the wood after impregnation. The method of application and intended outcome might differentiate it, though elements are present. The specific weight ratio may also not be present.
    • Claim 10 (Method): The method of coating a surface with a DCOI-polymer composition is disclosed, but it's a coating method, not necessarily an impregnation method for inhibiting fungal decay of the wood substrate itself in the same manner as US12370716.
    • Claim 15 (Wood Product): A wood product with a coating containing DCOI and a polymer is disclosed, but the nature of the treatment (coating vs. impregnation/retention) may be different.

Summary of Most Relevant Prior Art

The most relevant prior art references that potentially anticipate independent claims 1, 10, and 15 of US12370716 are:

  • US6492389B1 (Degussa AG): This patent clearly discloses wood impregnating compositions with a fungicide (including DCOI) and a film-forming resin (e.g., alkyd resins, acrylic resins, polyurethane resins) in an organic solvent, where the resin reduces leaching. This directly addresses the DCOI, solvent-borne polymeric resin as a retaining additive, and its function. The key point for anticipation would be whether the specific weight ratio of DCOI to retaining additive (1:5 to 5:1) is literally disclosed or inherently present in any of its examples.
  • US10125287B2, US10577546B2, and US11021703B2 (BASF SE): These related patents consistently describe wood preservative compositions comprising DCOI and a polymer/oligomer that functions as a binder and/or fixative to reduce leaching. This combination directly aligns with Claim 1 of US12370716 for a solvent-borne polymeric resin as a retaining additive. Similar to US6492389B1, the anticipation would hinge on whether the explicit weight ratio of DCOI to the polymer/oligomer falls within the 1:5 to 5:1 range.
  • US10206387B2 (Lonza Ltd.): This patent explicitly discloses wood preservative compositions with DCOI and a wax component, where the wax improves retention of the active ingredient. This directly aligns with Claim 1 of US12370716 for a wax as a retaining additive. Anticipation would depend on whether the weight ratio of DCOI to wax falls within the claimed 1:5 to 5:1 range.

These three sets of patents (US6492389B1; the BASF SE family; and US10206387B2) present the strongest potential challenges under 35 U.S.C. § 102 due to their explicit disclosure of DCOI in combination with either polymeric resins or waxes functioning as retention-enhancing or leaching-reducing agents, for wood preservation applications. A detailed comparison of the specific quantitative ranges and examples in these prior art documents against the precise claims of US12370716 would be necessary to confirm absolute anticipation.

Generated 5/29/2026, 5:50:55 PM