USO0RE37313E

(19) United States (12) Reissued Patent Roberts (54)

(45) Date of Reissued Patent:

HOMOGENEOUS, ESSENTIALLY

4,944,949 *

NONAQUEOUS ADJUVANT COMPOSITIONS

4,966,728 * 10/1990 Hazen

WITH BUFFERING CAPABILITY

5,178,795 * 1/1993 Robert?

This patent is subject to a terminal dis claimer.

4/1993 2/1995

Dookhrth et a1. .................. .. 424/405 Roberts .............................. .. 514/762

FOREIGN PATENT DOCUMENTS

(73) Assignee: Helena Chemical Company, Memphis, TN (US) Notice:

Aug. 7, 2001

7/1990 Story at al. .................... .. 514/914X

5,206,021 * 5,393,791 *

(75) Inventor: Johnnie Roberts, Memphis, TN (US)

(*)

US RE37,313 E

(10) Patent Number:

703607 *

2/1965

(CA) .

OTHER PUBLICATIONS

Rose et al.: The Condensed Chemical Dictionary, Sixth

Edition, Reinhold Publishing Corp., NeW York, p. 858, 1961.*

(21) Appl. No.: 09/218,337 (22) Filed:

Simanton et al.: “Recommended Speci?cations for Citrus

Nov. 25, 1998

Spray Oils in Florida”, Reprint from vol. 79 of Proceedings

Related US. Patent Documents Reissue of:

(64) Patent No.:

of the Florida State Horti cultural Society, Miami, Oct. 24—27, 1966, pp. 26—30, 1966*

Armul 1372 Manufactured by Witco Corporation (Jan.

5,580,567

Issued:

Dec. 3, 1996

1989).

Appl. No.:

08/394,839

* cited by examiner

Filed:

Feb. 27, 1995

US. Applications:

Primary Examiner—Richard D. Lovering (74) Attorney, Agent, or Firm—Connolly Bove Lodge &

(63)

(57)

HutZ LLP

Continuation-in-part of application No. 07/960,894, ?led on Oct. 14, 1992, now Pat. No. 5,393,791, which is a continu

ation-in-part of application No. 07/554,359, ?led on Jul. 19, 1990, now Pat. No. 5,178,795.

(51)

us. C1. ........................ .. 424/405; 504/362; 514/762;

514/941; 516/55; 516/69; 516/71; 516/74; 516/76; 516/72; 516/203; 516/204; 516/53 (58)

A homogeneous, essentially nonaqueous adjuvant composi tion containing at least one spray oil selected from the group

Int. C1.7 ........................ .. A01N 25/02; A01N 27/00;

B01F 3/08; B01F 17/54 (52)

ABSTRACT

Field Of Search ....................... .. 71/DIG. 1; 424/405;

510/437; 514/762, 941, 516/55, 69, 71, 74, 76; 504/362

consisting of:

(a) vegetable oils; (b) fatty acids and blends thereof; (c) esteri?ed fatty acids or blends thereof; (d) saponi?ed fatty acids or blends thereof; (e) N,N-dimethylamide of the formula RCON(CH3)2

(56)

References Cited U.S. PATENT DOCUMENTS 2,380,166 *

(f) polybutenes of the folloWing formula

7/1945 Gri?in.

2,528,136 * 10/1950 Goldstein et al. . 3,071,550 * 1/1963 Altscher et al. .

3,894,149 *

7/1975 Mast.

3,898,075 *

8/1975

3,997,322 * 12/1976 4,097,403 * 6/1978

Freund et al. . Ratledge ............................ .. 504/225 Tsutsumi et al. .

4,224,049 *

9/1980 Devisetty et al. .

a surfactant in an effective amount to emulsify said

4,313,847 *

2/1982 Chasin et al. .

composition and a buffering agent in amount suf?cient to reduce the pH to beloW about 7.

4,637,830 *

1/1987 Dyer et al. .

4,755,207 *

7/1988 Bannon.

4,834,908 4,851,421

5/1989 7/1989

*

HaZen et al. . IWasaki et al. ................ .. 514/941 X

28 Claims, No Drawings

US RE37,313 E 1

2

HOMOGENEOUS, ESSENTIALLY NONAQUEOUS ADJUVANT COMPOSITIONS

A synergistic herbicidal composition is disclosed in US. Pat. No. 4,755,207 and comprises a non-phytotoxic crop oil, a surfactant, and hydrophobic mycoherbicide spore. The oils

WITH BUFFERING CAPABILITY

are once re?ned vegetable oils or highly re?ned paraf?nic material. The surfactant can be anionic, cationic or nonionic.

Matter enclosed in heavy brackets [ ] appears in the original patent but forms no part of this reissue speci? cation; matter printed in italics indicates the additions made by reissue. CROSS REFERENCE TO RELATED APPLICATION

A surfactant composition is disclosed in US. Pat. No. 4,317,847 issued to Chasin. Chasin discloses a solvent having a high aromatic content above 95% Which corre sponds to a very loW UR value. 10

This application is a continuation-in-part of Ser. No. 07/960,894, Which Was ?led Oct. 14, 1992 and is noW issued as US. Pat. No. 5,393,791 and a continuation-in-part of Ser. No. 07/554,359, Which Was ?led Jul. 19, 1990 and is noW issued as US. Pat. No. 5,178,795.

15

acidic. Known buffering agents include alkyl aryl poly

The present invention relates to the ?eld of agricultural,

ethoxy ethanol phosphates and organic phosphatic acids as the principal functioning agents. Typically, such a buffering

forestry, turf, ornamental, industrial, aquatic, rights-of-Ways and other applications Where pesticides are used and, more

speci?cally, to adjuvant compositions Which improve the

agent is added to the Water Which is then combined With the 20

chemical and physical properties of a pesticide such as an

solutions containing alkylaryl polyoxyethylene glycol phos phate esters Which act as compatibility agents for mixtures

BACKGROUND OF THE INVENTION 25

stability, incompatiblity, solubility, suspension, foaming, drift, evaporation, volatiliZation, phytotoxicity, surface tension, droplet siZe and coverage. They can, depending on 35

emulsifying, dispersing and biological activity. Adjuvants

US. Pat. No. 4,851,421. The adjuvant can be a

polyoxyalkylene-type nonionic surface active agent or poly oxyalkylene alkyl or alkylaryl ether phosphates or their salts. The composition does not include any oil components. It is advantageous to reduce the separate addition of each of the adjuvants to the herbicide or pesticide to save time and to reduce possibility of error in the amounts added since

mixing is typically done in the ?eld by unskilled Workers. HoWever, the components of an adjuvant composition must

include Wetting agents, crop oil concentrates, spreaders,

stickers, buffering agents, foaming and anti-foaming agents, dispersing agents and drift control agents. Over 200 EPA registered pesticides have speci?c recommendations on their

about 20% methanol, about 16% Water and about 64% of the

containing the ?ne poWder and an adjuvant are disclosed in 30

added to reduce application problems such as chemical

their type, enhance Wetting, spreading, sticking,

of liquid fertilizer and pesticides. The solution contains phosphate ester. A biocidal ?ne poWder and an agricultural suspension

their oWn. Since spray application can be critical to the

performance of the agricultural chemical, adjuvants are

pesticide and any other adjuvants required. US. Pat. No. 4,244,049 relates to aqueous-lower alkanol

herbicide, insecticide or fungicide. In order to enhance or modify the chemical and/or physi cal characteristics of certain pesticides, certain materials are added to form a mixture for spraying. Generally referred to as adjuvants, these materials have no pesticidal activity of

Some applications require the separate addition of buff ering agents to adjust the pH of alkaline Waters used to make up the spray solutions. The buffering agents regulate solu tion pH to avoid hydrolysis of pesticides that tend to decompose in alkaline spray solutions. Generally, the spray’s pH should be adjusted to a range of 4 to 6 or slightly

40

form a homogeneous liquid mixture, not a slurry or suspen sion. Otherwise, the amount of oil and surfactant in the spray

labels for adjuvant use. These are recommended for one of

Will vary form use to use and these variations Would

tWo reasons—or both. First, to enhance biological activity of the pesticide and second, to reduce, minimize or eliminate spray application problems as noted previously. There are several different types of adjuvants recommended. To achieve consistent, effective results from them, the user must ?rst select the desired type of adjuvant and then the appro priate product Within that speci?c type for use With a particular pesticide and then use that product at recom

adversely affect the physical properties of the spray. In the prior compositions, adjuvants such as buffering agents have 45

mended rates.

50

been added to the Water, then combined With the other

non-aqueous, single-phase adjuvant composition containing

It is knoWn that petroleum hydrocarbon spray oils increase the ef?cacy of herbicides, fungicides and other

oil plus surfactant blend and Which provides buffering

pesticides by enhancing the deposition characteristics and

capability. Even after the addition of alkaline Water and pesticides, use of this composition reduces and/or maintains

Wetting and spreading of the spray solution resulting in a more even and uniform spray deposit or by increasing the biological effect of certain pesticides. Other oils such as esteri?ed vegetable oils and once—re?ned vegetable oils are

55

the pH of the spray mixture Within a desired range to prevent

hydrolysis of the pesticide. SUMMARY OF THE INVENTION

knoWn to exhibit similar properties. Such spray oils can

increase penetration and sloW evaporation. Paraf?n based spray oil is a petroleum oil used as dormant spray, summer

adjuvants and the active ingredient because the phosphate compounds used as buffering agents are hydrophilic polar compounds. It is difficult to combine such compounds With oil and obtain a homogeneous composition having the desired spray uniformity and coverage. It is the object of this invention to provide an essentially

60

The present invention is a homogeneous, essentially non aqueous adjuvant composition comprising a spray oil, a

oil, carrier for pesticides or an adjuvant to increase the

surfactant and a buffering agent in an amount to reduce the

ef?cacy of agricultural chemicals.

pH to beloW about 7. When mixed With a pesticide, the

In US. Pat. No. 3,977,322, an agricultural spray oil

composition provides one-step addition of the adjuvants to

composition comprising a major Mount of a petroleum oil

obtain a more uniform spread of the spray solution of the and a minor amount of a vegetable oil is disclosed as 65 herbicide or pesticide, improved penetration and sloWer evaporation. The adjuvant can also be used as a pesticide or providing a particularly improved carrier Which enhances

the effectiveness of selective herbicides.

herbicide Without the addition of any additional pesticide to

US RE37,313 E 4

3 the adjuvant. The presence of the buffering agent maintains

3. Esteri?ed fatty acids or blends thereof:

the pH of the mixture Within a desired range pH below about 7 in the presence of alkaline Waters typically used in spray solutions.

Such as, but not limited to saturated and unsaturated esters

of about 6 to about 18 carbon atoms. The esteri?ed fatty acids can be present in an amount from about 1 to about

DETAILED DESCRIPTION OF THE INVENTION

99%, preferably from about 50 to about 99% and most preferably from about 50 to about 80%. The esteri?ed fatty acids may also be derived from any of the veg etable oils previously mentioned. 4. Saponi?ed fatty acids or blends thereof:

This invention is a homogeneous, essentially nonaqueous

adjuvant composition having buffering capability. Accord ing to the process of this invention, the adjuvant composition comprises a spray oil and a blend of surfactants and buff

Such as, but not limited to saturated and unsaturated soaps of about 6 to about 18 carbon atoms. The saponi?ed fatty acids can be present in an amount from about 1 to

ering agent. The preferred homogeneous, essentially non

aqueous adjuvant composition comprises: (1) at least one spray oil selected from the group consisting of:

15

(a) vegetable oils;

about 99%, preferably from about 50 to about 99% and most preferably from about 50 to about 80%. The saponi?ed fatty acids may also be derived from any of

(b) fatty acids and blends thereof;

the vegetable oils previously mentioned. N,N dimethy

(c) esteri?ed fatty acids or blends thereof; (d) saponi?ed fatty acids or blends thereof;

lamides of the folloWing formula:

(e) N,N-dimethylamide of the formula RCON(CH3)2 Wherein R is an alkyl chain derived from fatty acids having about 6 to about 18 carbon atoms;

Wherein R is an alkyl chain derived from fatty acids having about 6 to about 18 carbon atoms. The N,N dimethylamides can be present in an amount from 25

(f) polybutenes of the folloWing formula

about 1 to about 99%, preferably from about 50 to about 99% and most preferably from about 80 to about 99%.

6. Polybutenes: The polybutenes that can be used are of the folloWing

Where n is a number from about 1 to about 50% (2) a surfactant in an effective amount to provide emulsi?

35

cation of said composition and (3) a buffering agent in an amount sufficient to reduce the pH to beloW about 7. The spray oils utiliZed in this composition do not have an unsulfonated residence (UR) value and include at least one

Where n is a number from about 1 to about 50. The polybutenes can be present in an amount from about 1

of the folloWing: 1. Vegetable oils:

to about 99%, preferably from about 50 to about 99% and most preferably from about 80 to about 99%.

the vegetable oils can be, but are not limited to vegetable seed oil or a mixture of vegetable seed oils, as they are

45

knoWn in the agricultural industry, crop seed oils Which are produced from the particular crop from Which their name is derived. Included in the vegetable oils suitable for the compositions of the present invention are cotton

seed oil, canola, rapeseed, peanut oil, sunflower oil,

7. Mixture of at least one of 1—6 above. These 6 groups of oils can be a portion of the spray oil or the entire spray oil. The spray oil is used in combination With one or more of the buffering agents and should be mixed With one or more of the surfactants beloW. The surfactant is present in an

effective amount to provide emulsi?cation of the composi tion. The amount of the surfactant is usually in the range of

linseed oil, safflower oil, soybean oil, corn oil, olive oil, coconut oil, tall oil or other seed oils and blends of the

about 5.0 to about 19.5% by Weight. The preferred blend of

above oils such as cotton seed oil plus soybean oil; cotton seed oil plus peanut oil; cotton seed oil plus olive oil; corn oil plus linseed oil; corn oil plus soybean oil;

surfactants include but are not limited to

a) sorbitan fatty acid ester, 55

as Well as blends of any tWo or more of the above

disclosed vegetable oils. The vegetable oils can be

b) polyethoxylated derivative of a sorbitan fatty acid ester, c) fatty alkanolamides of the formula

present in an amount from about 1 to about 99%, preferably from about 50 to about 99% and most preferably from about 80 to about 99%. 2. Fatty acids and blends thereof: Such as, but not limited to saturated and unsaturated fatty acids of about 6 to about 18 carbon atoms. The fatty acids and blends can be present in an amount from

about 1 to about 99%, preferably from about 50 to about 99% and more preferably from about 80 to about 99%.

65

Wherein R is an alkyl group having about 6 to about 25 carbon atoms; R and R“ independently of one another are

selected from the group consisting of hydrogen, —CH2CH2OH or

US RE37,313 E i) polypropylene glycols CH3

CH3

d) PEG esters of the formula

Wherein n is a number from 1 to about 100,

tristyrylphenol alkoXylates or amine ethoXylates

wherein R is a fatty alkyl having from about 2 to about 25 carbon atoms, R‘ is a fatty alkyl having from about 2 to about 25 carbon atoms or H and m is a number from 1 to

about 100, e) silicone surfactants of the formula

Wherein X and y independently of one another are a

number from about 1 to about 100 and R is an alkyl having from 1 to about 25 carbon atoms. The preferred buffering agent are used at about 0.5 to

20

about 10% by Weight in the formulation. The amount Will be

determined by the ability of the composition to reduce pH values of the pesticide spray miX to about 7 or less. The most

preferred Would be one in Which the pH reduction could be accomplished by using no more than 0.5% by volume of the

?nal composition. The preferred buffering agents include but are not limited to

a) alkylaryl polyethoXy phosphate ester, b) C1—C6 carboXylic acids, c) C1—C6 dicarboXylic acids, d) phosphoric acid,

Wherein R and R‘ independently from one another are alkyl having from 1 to about 20 carbon atoms, X is a number from 0 to about 5, y is a number from about 1 to about 5, a is a number from about 3 to about 25, b is a number from about 0 to about 25, n is a number from

about 2 to about 4 and R is H, an alkyl group having 1 to

e) citric acid, 35

4 carbon atoms or an alkyl ester group having 1 to 4

f) glutaric acid, g) gluconic acid, h) lactic acid,

carbon atoms,

i) glycolic acid, acrylic acid,

f) ethoXylated fatty acids

k) carboXylated alcohol ethoXylate, preferably of the for mula

Wherein R is an alkyl group having from about 6 to about

45

R is a carboXylic acid having from 1 to about 25 carbon atoms and X is from 1 to about 20 moles ethylene oXide,

l) ethoXylated alkylaryl phosphate esters; m) ethoXylated alkylphenol carboXylate esters; n) tristyrylphenol alkoXylate phosphate esters; and o) tristyrylphenol alkoXylate carboXylate esters.

25 carbon atoms, n is a number from 1 to about 100,

g) alkyl ethoXylates 50

Additionally the spray oil used in the compositions of this invention can also contain agricultural spray oils Which are

petroleum hydrocarbon oil. The hydrocarbon oil is not required to be used in this invention. These spray oils are the

Wherein R is an alkyl group having from about 1 to about

re?ned fraction of petroleum oil and the preferred petroleum

50 carbon atoms and X is a number from 1 to about 100,

oil is a paraf?n oil Which is a blend of C1O—C18 saturated

h) alkylphenol ethoXylates

aliphatic hydrocarbons. Spray oils can be characteriZed by speci?cations such as unsulfonated residue, API-gravity, distillation range and pour point. A high unsulfonated resi aO

due (UR) indicates a minimum of reactive material in the spray oil and the oil’s degree of re?nement. This UR value corresponds to about 100% minus the aromatic content.

Kerosine, coal oil, naphtha and diesel fuel are all phytotoXic Wherein R is H or an alkyl having from about 1 to about 20 carbons. R‘ is H or an alkyl having from about 1 to about 20 carbons and n is a number from 1 to about 100,

65

and eXhibit loW UR values due to their reactivity and therefore, they all have a high aromatic content. Paraf?nic oils that have high UR values eXhibit little or no phytotoX icity. A minimum of 92% UR is typically required for agricultural spray oils. A spray oil With a 31—34 API gravity

US RE37,313 E 7

8

indicates a high degree of paraf?nic oil content. An API

about 1.5% v/v. For loW volume aerial application, about 2

gravity value of 23 or less indicates an oil With aromatic and naphthenic constituents. As a result, such oils are more

to about 8 H. OZ. per acre are typically used. In an aquatic application, about 1 to about 4 pints per acre are used not to

reactive and phytotoxic. The distillation range determines

exceed about 1.5% v/v concentration.

physical properties of spray oils. Also, a high boiling range is an indication of an oil’s phytotoxicity. LoWer boiling ranges indicate that the oil has an increased evaporation rate

EXAMPLES

and loWer tenacity. Agricultural spray oils useful in the compositions of this

Example 1

invention have distillation ranges betWeen about 400 to about 500° F. Pour point values re?ect the Wax content of spray oils. A high value indicates a large amount of Wax in

10

ester and 20.0 parts of a nonylphenol With 6 moles of ethylene oxide Was stirred until the mixture Was homoge

the oil. Waxes reduce the spreading and penetration prop erties of the spray oil. The spray oils used in the present invention have pour points no greater than about 20° F. Generally, oils having a distillation range of 400°—435° F.

A mixture of 50.0 parts methyl ester of soybean oil and 30.0 parts of a polyethoxylated isodecyl alcohol phosphate

neous.

15

are used in adjuvants for fungicide and pesticide applica

At the conclusion of blending, the mixture Was clear and

free of turbidity. The resultant mixture (Composition 1) had the folloWing components:

tions. Oils having a distillation range of about 445° to about

500° F. are employed in adjuvants applications directed at herbicides. As noted previously, the higher boiling oils have increased phytotoxicity Which is useful When the objective

20

is to enhance the effectiveness of some contact-type herbi cides.

The folloWing table illustrates typical speci?cations of spray oils useful in the composition of this invention.

25

Chemical Name

%

Function

Methyl esters of soybean oil

50.0

Pesticide Activity Enhancement

Polyethoxylated isodecyl

30.0

Buffering agent

alcohol phosphate ester Nonylphenol With 6 moles

20.0

Emulsi?er

of ethylene oxide (EO) TOTAL

Gravity API Density

32.8 0.8608

34.3 0.8530

34.6 0.8515

33.0 0.8597

Unsulfonated

99.0

99.0

99.0

93-97

30

Residue % Pour Point O F. Max

—5

—5

—5

—5

phosphate ester to obtain the advantages produced by the adjuvant compositions of the present invention.

° F. at 10 MM HG

SUS 1000 F.

404 55 10.7 60

435 72 13.59 70

454 80 14.8 82

112

Flash 0 F.

335

345

376

385

Color Pounds Per Gal.

LO.5 7.171

LO.5 7.106

LO.5 7.119

LO.5 7.162

A composition (Composition A) having the composition shoWn beloW is prepared to shoW the need to use the

Distillation D1160

50% Recovered Range 10-90% Viscosity CST C40O C.

100.0

465-471

21.4

40

The adjuvant composition of this invention is useful With

Chemical Name

%

Function

Methyl esters of soybean oil Nonylphenol With 6 moles

80.0

Pesticide Activity Enhancement Emulsi?er

20.0

of ethylene oxide

a broad range of pesticides Where an oil concentration

TOTAL

100.0

adjuvant is recommended. If applied properly, these adju vant compositions can be used With fertiliZer products and herbicides. Optimum applications and effects can be in?u

45

enced by the crop, pest, spray equipment, spray volume, pressure, droplet siZe, spray mixture, environmental factors

as a buffering agent is inferior to the performance of the

adjuvant compositions of the present invention. The com

and other factors. Consequently, observation of the spray deposit is typically made and the adjuvant concentrations are

adjusted accordingly. In mixing the adjuvant compositions With the pesticide or herbicide, the spray tank is ?lled one-half full With Water and agitated. The pesticide and/or fertiliZer is added as directed by labeling or in the folloWing sequence: dry ?oWables or Water dispersible granules, Wet table poWders, ?oWables, solutions and emulsi?able con centrates. The ?lling of the tank With Water is continued and

50

of spray solution per acre. Concentration should not exceed

complete dispersion of the emulsi?ed oil in Water. These tion. The pH is monitored after additions of the diethano lamine titrant.

55

the adjuvant composition is added last and agitation is

uniform Wetting and deposition of the spray on the leaf surfaces Without undue runoff. For ground application, about 1 to about 4 pints are used in about 20 to about 100 gallons

positions are added to distilled Water at the rate of 0.5% by volume. Each mixture With Water is then agitated to ensure mixtures are then titrated With a 10% diethanolamine solu

continued.

The pesticide or herbicide compositions containing the adjuvant compositions of the present invention can be applied by ground, aerial or aquatic spray equipment. In most cases, enough of the composition is applied to alloW for adjustment of the spray pH to the desired range and

The folloWing comparison shoWs that When the phosphate ester is omitted, the performance of the above composition

60

Composition With

Composition Without

phosphate ester

phosphate ester

% volume titrant

pH

% volume titrant

pH

0 0.75 0.90 1.50

2.1 5.1 6.0 8.0

0 0.75 0.90 1.50

6.8 9.0 9.2 9.5

65

Without the phosphate ester, the composition does not reduce the pH to the desired range of 4-6. Furthermore,

US RE37,313 E 9

10

addition of an alkaline material to the mixture raises the pH of the mixture Without the phosphate ester much more

at least one surfactant selected from the group consisting of

readily.

(a) fatty alkanolamides of the formula

Furthermore, the composition Without the emulsi?er pro duces an oil-in-Water emulsion Which begins to produce

creamy separation after only 1 hour. The phosphate ester produced a mini-emulsion Which is stable for over 24 hours. Ru

Further Examples of the Patented Composition 10

Wherein R is an alkyl group having from about 6 to about (2) Saponi?ed soybean oil

80.0%

25 carbon atoms; R and R“ are the same or different and

Nonylphenol With 6 moles EO Acetic Acid (3) Polybutenes With an average molecular Weight of 320 Nonylphenol With 6 moles EO Acetic Acid

16.0% 2.0% 80.0%

hydrogen, —CH2CH2OH and

(4) Soybean oil

80.0%

Nonylphenol With 6 moles EO Acetic Acid

(5) Oleic acid C10-C12 alcohol With 6 mole EO Acetic Acid Lactic Acid

(6) Methyl esters of soybean oil Nonylphenol With 6 moles EO Carboxylic acid ester of nonylphenol With 6 moles EO Acetic Acid

(7) Methyl ester of soybean oil Nonylphenol With 6 moles EO Carboxylic acid ester of nonylphenol With 6 moles EO Acetic Acid

Polyalkyleneoxide Modi?ed

are independently selected from the group consisting of 15

18.0% 2.0% 18.0% 2.0%

83.0%

CH3 20

(b) PEG esters of the formula

15.0%

1.0% 1.0%

80.0% 10.0% 6.0%

25

Wherein R2 is C2—C25 fatty alkyl having from about 2 to about 25 carbon atoms, R3 is a fatty alkyl having from

2.0%

80.0% 10.0% 5.0%

30

about 2 to about 25 carbon atoms or hydrogen and m is a

number from 1 to about 100, 2.0%

(c) silicone surfactants of the formula

3.0%

heptametyltrisiloxane 35

While there is shoWn and described herein certain speci?c structure embodying the invention, it Will be manifest to those skilled in the art that various modi?cations and rear

rangements of the parts maybe made Without departing from the spirit and scope of the underlying inventive concept and

40

that the same is not limited to the particular forms herein shoWn and described. I claim:

group consisting of:

Wherein x is a number from 0 to about 5, y is a number from 1 to about 5, a is a number from about 3 to about 25, b is a number from 0 to about 25 , n is a number from about

(a) vegetable oils;

2 to about 4 and R6 is hydrogen, an alkyl group having 1

[(b) fatty acids and blends thereof;]

to about 4 carbon atoms or an alkyl ester group having 1 to about 4 carbon atoms,

1. Ahomogeneous, essentially nonaqueous adjuvant com position comprising at least one spray oil selected from the

45

(c) esteri?ed fatty acids or blends thereof; (d) saponi?ed fatty acids or blends thereof;

(d) ethoxylated fatty acids

(e) N,N-dimethylamide of the formula RCoN(CH3)2 Wherein R is an alkyl chain derived from fatty acids having about 6 to about 18 carbon atoms; and

(f) polybutenes of the folloWing formula

Wherein R7 is an alkyl group having from about 6 to about 25 carbon atoms, p is a number from 1 to about 100,

(e) alkyl ethoxylates 60

Wherein R8 is an alkyl group having from 1 to about 50 Where n is a number from about 1 to about 50;

carbon atoms and q is a number from 1 to about 100,

US RE37,313 E 11

12

alkylphenol ethoxylates

14. A composition according to claim 1, Wherein the surfactant consists of stearyl alcohol ethoxylate and the buffering agent is a mixture of acetic and lactic acid.

R9

15. A [composition according to claim 1, Wherein the] homogeneous, essentially nonaqueous adjuvant composition

(OCHZCHQHOH

comprising at least one spray oil selected from the group

consisting of" (a) vegetable oils;

R10

having from about 1 to about 20 carbon atoms and n is a

(b) fatty acids and blends thereof; (c) esteri?ed fatty acids or blends thereof; (a) saponi?ed fatty acids or blends thereof;

number from 1 to about 100,]

(e) N;N-dimethylamide of the formula

wherein R9 is hydrogen or an alkyl having from about 1 to about 20 carbons atoms, R10 is hydrogen or an alkyl

(g) polypropylene glycols 15

wherein R is an alkyl chain derived from fatty acids having about 6 to about 18 carbon atoms; and

(f) polybutenes of the following formula

CH3 20

CH3

Wherein t is a number from 1 to about 100,

CH3

|

(h) amine ethoxylates

CH3 -C

CH3

|

/

CH; —C

CH: C\

CH3

CH3

CH3 n

25

where n is a number from about 1 to about 50; and a

surfactant [consists] consisting essentially of the mix ture of nonyl phenol ethoxylate and a silicone surfac Wherein g and h independently of one another are num

30

bers from 1 to about 100 and R“ is an alkyl having from 1 to about 25 carbon atoms and

reduce the pH to below about 7.

16. A composition according to claim 15, Wherein the buffering agent is a mixture of acetic acid and carboxylated

(i) tristyrylphenol alkoxylate, and a buffering agent is in an amount sufficient to reduce the pH to beloW about 7. 2. A composition as claimed in claim 1, Wherein the

buffering agent is selected from the group consisting of

35

alkylaryl polyethoxy phosphate ester, C1—C6 carboxylic acids, C1—C6 dicarboxylic acids, phosphoric acid, citric acid, glutaric acid, gluconic acid, lactic acid, glycolic acid, acrylic

comprising at least one spray oil selected from the group

40

of about 400° F. to about 450° F. at 10 mm Hg.

4. A composition according to claim 2, Wherein the spray oil further comprises a paraffin oil having a distillation range of about 460° F. to about 470° F. at 10 mm Hg.

buffering agent is about 0.5 to about 10% by Weight based on the total Weight of the composition.

(b) fatty acids and blends thereof; (c) esteri?ed fatty acids or blends thereof; (a) saponi?ed fatty acids or blends thereof;

(e) N;N-dimethylamide of the formula 45

5. A composition according to claim 2, comprising 80 to 85% by Weight spray oil and about 5 to about 20% by Weight of the surfactant based on the total Weight of the composi tion. 6. A composition as claimed in claim 5, Wherein the

alcohol ethoxylate. 17. A [composition according to claim 1, Wherein the] homogeneous; essentially nonaqueous adjuvant composition

consisting of" (a) vegetable oils;

acid, and carboxylated alcohol ethoxylate. 3. A composition according to claim 2, Wherein the spray oil further comprises a paraffin oil having a distillation range

tant and a bujfering agent is in an amount sujficient to

wherein R is an alkyl chain derived from fatty acids having about 6 to about 18 carbon atoms; and 50

(f) polybutenes of the following formula

7. A composition as claimed in claim 6, Wherein the buffering agent to 0.5 to 5% by Weight based on the total

Weight of the composition. [8. A composition according to claim 1, Wherein the

55

surfactant further comprises nonyl phenol ethoxylate.] [9. Acomposition according to claim 8, Wherein the nonyl phenol ethoxylate is in an amount of about 18%.] 10. A composition according to claim 7, Wherein the buffering agent is acetic acid. 11. A composition according to claim 7, Wherein the

where n is a number from about 1 to about 50; and a 60

in an amount su?icient to reduce the pH to below about 7.

buffering agent is propionic acid. 12. A composition according to claim [8] 6, Wherein the buffering agent is acetic acid. 13. A composition according to claim [8] 7, Wherein the buffering agent is a mixture of carboxylated alcohol ethoxy late and acetic acid.

surfactant which is a mixture of nonyl phenol ethoxy late and PEG ester ethoxylate and a bujfering agent is

18. A composition according to claim 17, Wherein the buffering agent is a mixture of acetic acid, citric acid, 65

glutaric and carboxylated alcohol ethoxylate. 19. An insecticide comprising the adjuvant composition as claimed in claim 1.

US RE37,313 E 13

14

20. A homogeneous, essentially nonaqueous adjuvant

(d) ethoXylated fatty acids

composition comprising at least one spray oil selected from

the group consisting of:

(a) vegetable oils; (b) fatty acids and blends thereof; (c) esteri?ed fatty acids or blends thereof; (d) saponi?ed fatty acids or blends thereof;

5

(6) N’NdimethYlamide of the formula

R7C—O(CH2CH2O)PH Wherein R7 is an alkyl group having from about 6 to about 25 carbon atoms, p is a number from 1 to about 100,

RCON((;3)2

10 (e) alkyl ethoXylates

Wherein R is an alkyl chain derived from fatty acids having about 6 to about 18 carbon atoms; (f) polybutenes of the folloWing formula

R8O(CH2CH2O)qH

Wherein R8 is alkyl group having from about 1 to about 50 15

(CH3)3C—[-C(C3)2CH2-]TCH=C(CH3)2

carbon atoms and q is a number from 1 to about 100,

alkylphenol ethoXylates

Where n is a number from about 1 to about 50; _ _ at least one surfactant selected from the group consisting of .

(a) fatty alkanolamides of the formula

R9

(OCHZCHQHOH

20

R10

if /R'

RCN

Wherein R9 is hydrogen or an alkyl having from 1 to about

\RH

25

20 carbons atoms, R10 is hydrogen or an alkyl having from 1 to about 20 carbon atoms and n is a number from

1 to about 100, (g) polypropylene glycols

Wherein R is a C6—C25 alkyl group; R‘ and R“ are the same or different and are independently selected from the group

consisting of hydrogen,

30

CH 3

—CH2CH2OH

Ho—(CH—CH2—o)(,_1)—CH2—CH—oH

and

CH3 35 —CH2CH—OH

.

.

Wherem t is a number from 1 to about 100,

CH3

(h) amine ethoXylates

(b) PEG esters of the formula

40

/(CH2CH2O)gH R11—N

R2C—o(CH2CH2o)mR3

(CH2CH2O)hH 45

atoms, _ is _an alkyl having from 1 to about 25 carbon _ _ _ and (1) tristyrylphenol alkoXylate, and a buffering agent is in an

Wherein R2 is a fatty alkyl having from about 2 to about

25 carbon atoms, R3 is a fatty alkyl having from about 2 to about 25 Carbon atoms or hydrogen and m is a number

from 1 to about 100, ((3) Silicone Surfactants of the formula CH3

CH3—5i—O CH3

|

CH3

|

CH3

5i—0

5i—0

Ti—CH3

CH3

amount sufficient to reduce the pH to beloW about 7, and

50

CH3

Wherein said surfactant is miXed With sorbitan fatty acid ester and/or a polyethoXylated derivative of a sorbitan fatty acid ester.

21. A homogeneous, essentially nonaqueous adjuvant

_ _ _ _ composition comprising:

|

(CH2)n

Wherein g and h are numbers from 1 to about 100 and R11

55 (1) at least one spray oil selected from the group consisting

CH3

of:

X

.

(a) vegetable oils; 0

y

fatty acids and blends thereof;]

|—(C2H4O),(C3H6O)bR6

(c) esteri?ed fatty acids or blends thereof; 60

Wherein X is a number from 0 to about 5, y is a number from 1 to about 5, a is a number from about 3 to about 25, b is a number from 0 to about 25, n is a number from about 2 to about 4 and R6 is a hydrogen, an alkyl group having 65 1 to about 4 carbon atoms or an alkyl ester group having 1 to 4 carbon atoms,

(d) saponi?ed fatty acids or blends thereof; (6) N’N'dimethylamide of the formula

RCON(CH3)2 Wherein R is an alkyl chain derived from fatty acids having about 6 to about 18 carbon atoms;

US RE37,313 E 15

16

(f) polybutenes of the following formula

‘I113 CH3—C

|

CH3

‘I113

29. A homogeneous, essentially nonaqueous adjuvant composition comprising a spray oil having a minimum of 85% of unsulfonated residue value, at least one surfactant selected from the group consisting of

CH3

CH2—C

CH=C

|

\

CH3 H

CH3

(a) fatty alkanolamides of the formula

Where n is a number from about 1 to about 50; (2) a surfactant in an effective amount to provide emulsi?

cation of said composition and

Ru

(3) a buffering agent in an amount sufficient to reduce the pH to beloW 7.

least one of said spray oil is selected from the group

Wherein R is a C6—C25 alkyl group; R and R“ are the same or different and are independently selected from the group

consisting of: [(b) fatty acids and blends thereof;]

CH—OH,]

22. The composition according to claim 21, Wherein at

15

consisting of hydrogen, —CH2CH2OH and [—CH2—

(c) esteri?ed fatty acids or blends thereof; (d) saponi?ed fatty acids or blends thereof;

(e) N,N-dimethylamide of the formula

CH3

RCoN(CH3)2 (b) PEG esters of the formula Wherein R is an alkyl chain derived from fatty acids having about 6 to about 18 carbon atoms; and

(f) polybutenes of the folloWing formula 3O

Wherein R2 is a C2—C25 fatty alkyl, R3 is a C2—C25 fatty

l

CH3

|

CH3

n

\CH

alkyl or hydrogen and m is a number from 1 to 100, 3

(c) silicone surfactants of the formula 35

Where n is a number from about 1 to about 50; a surfactant in an effective amount to provide a emulsi?ca

tion of said composition and a buffering agent in an amount sufficient to reduce the pH beloW about 7.

23. The composition according to claim 21, Wherein said spray oil contains vegetable oils and said vegetable oils are

cotton seed oil, canola, rapeseed, peanut oil, sun?oWer oil, linseed oil, safflower oil, soybean oil, corn oil, olive oil,

45

coconut oil, or tall oil, or miXtures thereof.

[24. The composition according to claim 21, Wherein said spray oil contains fatty acids and blends thereof and said fatty acids and blends thereof are saturated and unsaturated fatty acids of about 6 to about 18 carbon atoms.] 25. The composition according to claim 21, Wherein said spray oil contains said esteri?ed fatty acids or blends thereof

Wherein X is a number from 0 to 5, y is a number from 1 to 5, a is a number from 3 to 25, b is a number from 0 to

25, n is a number from 2 to 4 and R6 is hydrogen, an alkyl group having 1 to 4 carbon atoms or an alkyl ester group

having 1 to 4 carbon atoms,

[(d) ethoXylated fatty acids

and said esteri?ed fatty acids or blends thereof are saturated and unsaturated esters of about 6 to about 18 carbon atoms. 55

26. The composition according to claim 21, Wherein said spray oil contains said saponi?ed fatty acids or blends thereof and saponi?ed fatty acids or blends thereof are saturated and unsaturated soaps of about 6 to about 18 carbon atoms.

Wherein R7 is a C6—C25 alkyl group, p is a number from

1 to 100,]

(e) alkyl ethoXylates

27. The composition according to claim [24] 23, Wherein said spray oil contains a vegetable oil in an amount of about 50% to about 99% and the surfactant is a silicone surfactant in an amount of about 5 to about 19.5%. 65

[28. The composition according to claim 21, Wherein said spray oil contains fatty acids in an amount of about 50%.]

Wherein R7 is alkyl group and q is a number from 1 to 100,

alkylphenol ethoXylates

US RE37,313 E 17

18 (c) silicone surfactants of the formula

R9

CH3

(OCHZCHQHOH

CH3

CH3—l‘i—O ,|Si—0 R10

CH3

CH3

CH3

,|Si—0 si—CH3 (CH2)n 0

wherein R9 is hydrogen or C1—C2O alkyl, R10 is hydrogen

CH3

CH3 y

(C2H40)a(C3H60)bR6

or C1—C2O alkyl and n is a number from 1 to 100,]

(g) polypropylene glycols wherein x is a number from 0 to 5, y is a number from 1 to 5, a is a number from 3 to 25, b is a number from 0 to 25, n is a number from 2 to 4 and R6 is hydrogen, an alkyl group having 1 to 4 carbon atoms or an alkyl ester group

having 1 to 4 carbon atoms,

CH3

(a) ethoxylated fatty acids 0 20

CH3

Wherein t is a number from 1 to 100,

25

(h) amine ethoXylates

(IT /(CH2CH2O)gH

wherein R7 is a C6—C25 alkyl group, p is a number from 1 to 100,

(e) alkyl ethoxylates wherein R8 is an alkyl group and q is a number from 1 to

RUCN

1 00,

(f) alkylphenol ethoxylates Wherein g and h are numbers from 1 to 100 and [R“] R11

is a C1—C25 alkyl and (i) tristyrylphenol alkoXylate, and a buffering agent in an

35

R10

amount sufficient to reduce the pH to beloW about 7.

30. [The composition as claimed in claim 29,] A

homogeneous, essentially nonaqueous adjuvant composition

wherein R9 is hydrogen or C1—C2O alkyl, R10 is hydrogen

comprising a spray oil having a minimum of 85% of unsul fonated residue value, at least one surfactant selected from

or C 1—C 10 alkyl and n is a number from 1 to 100,

(g) polypropylene glycols

the group consisting of

(a) fatty alkanolamides of the formula

CH3 45

CH3 R”

wherein t is a number from 1 to about 100,

(h) amine ethoxylates

wherein R is a C 6—C25 alkyl group; R and R ” are the same

or dijferent and are independently selected from the group

consisting of hydrogen, —CH2CH2OH and RHCN —CH2—CH—0H

55

(CHZCHZO) hH

CH3

wherein g and h are numbers from 1 to about 100 and R”

(b) PEG esters of the formula

is a C1—C25 alkyl and (i) tristyrylphenol alkoxylate, and a bujfering agent in an

R2C|‘—0(CH2CH20),,,R3

amount sujficient to reduce the pH to below about 7, Wherein said surfactant is miXed With sorbitan fatty acid ester and/or a polyethoXylated derivative of a sorbitan fatty

0

acid ester. 65

31. A homogeneous, essentially nonaqueous adjuvant

wherein R2 is a C2—C25 fatty alkyl, R3 is a C2—C25 fatty

composition comprising at least one spray oil selected from

alkyl or hydrogen and m is a number from 1 to 100,

the group consisting of"

US RE37,313 E 19

20

(a) vegetable oils;

(c) silicone surfactants of the formula

(b) fatty acids and blends thereof;

(c) esteri?ed fatty acids or blends thereof; (d) saponi?ed fatty acids or blends thereof;

(e) N;N-dimethylamide of the formula

5

TH3

TH3

TH3

_

_

_

CH3—S’—O CH3

Sl—0 CH3

RC0N(CH3)2

CH3 _

Tl—0

Sl—CH3

(CH2)n

CH3

X 0

y

wherein R is an alkyl chain derived from fatty acids 10 having about 6 to about 18 carbon atoms; and

(C2H40)a(C3H60)bR6

(f) polybutenes of the following formula wherein x is a number from 0 to about 5; y is a number

from 1 to about 5; a is a number from about 3 to about 25;

T513

/CH3

CH3_ C CH2_C | | CH3 CH3

T513

CH: C \ CH3

b is a number from 0 to about 25; n is a number from 15

about 2 to about 4 and R6 is hydrogen; an alkyl group having 1 to about 4 carbon atoms or an alkyl ester group having 1 to about 4 carbon atoms;

(LO ethoxylated fatty acids where n is a number from about 1 to about 50;

20

at least one surfactant selected from the group consisting of

R7C—O(CHZCHZO)PH

(a) fatty alkanolamides of the formula wherein R7 is an alkyl group having from about 6 to about R,

25

|| / \

25 carbon atoms; p is a number from 1 to about 100;

(e) polypropylene glycols

RCN

R,’

CH3

3O

HO—(CH—CH2—0)(,,1)—CH2—CH—0H

wherein R is an alkyl group having from about 6 to about 25 carbon atoms; R and R” are the same or dijferent and

CH3

are independently selected from the group consisting of hydrogen; —CH2—CH2OH and

wherein t is a number from 1 to about 100;

35 (f) amine ethoxylates —CH2—CH—0H 0

CH3

/(CH2CH2O)gH

RHCN

(b) PEG esters of the formula

R2?_0(CH2CH20)mR3 0

40

(CHZCHZOMH

wherein g and h independently of one another are num bers from 1 to about 100 and R11 is an alkyl having from 1 to about 25 carbon atoms and

45 (g) tristyrylphenol alkoxylate; and a bujfering agent is in an amount sujficient to reduce the pH to below about 7. wherein R2 is C2—C25 fatty alkyl having from about 2 to 32. The composition according to claim 31; wherein said about 25 carbon atoms; R3 is a fatty alkyl having from spray oil contains fatty acids in an amount of about 50%. about 2 to about 25 carbon atoms or hydrogen and m is a number from 1 to about 100;

*

*

*

*

*

UNITED STATES PATENT AND TRADEMARK OFFICE

CERTIFICATE OF CORRECTION PATENT NO. : RE 37,313 E DATED : August 7, 2001 INVENTOR(S) : Roberts

Page 1 of 1

It is certified that error appears in the above-identi?ed patent and that said Letters Patent is hereby corrected as shown below:

Column 16 Line 66, “wherein R7” should read as -- wherein R8 Column 17

Lines 13-17, CH3

HO—-(CH-—CH;——O)(|.1)—CH2——CH——OH CH3

should read as CH3

HO—(CH——CH2-—O)(M,—CH2-—CH-—OH CH3

Column 18 Line 41, “or Cl-Clo” should read as -- or C1-C2O --.

Signed and Sealed this

Twenty-seventh Day of August, 2002 Arresr:

JAMES E. ROGAN

Arresting O?’ieer

Direcror ofrhe United States Patent and Trademark O?‘iee

Homogeneous, essentially nonaqueous adjuvant compositions with ...

Nov 25, 1998 - tension, droplet siZe and coverage. ... oil, carrier for pesticides or an adjuvant to increase the ef?cacy .... The spray oils utiliZed in this composition do not have an ..... The folloWing comparison shoWs that When the phosphate.

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