60/215,571, June 30,2000, which is herein incorporated by reference in its entirety.

FIELD OF THE INVENTION This invention relates to wood preservative and waterproofing compositions and insecticidal, herbicidal, fungicidal, and plant growth regulating compositions containing an amine oxide and a boron compound.

BACKGROUND OF THE INVENTION Many boron compounds, including borates, are known to be effective as wood preservatives. However, since borates are water soluble, they often leach out of wood substrates resulting in increased susceptibility to insects and fungi.

Various boron compounds are also known to be effective as insecticides, herbicides, fungicides, and plant growth regulating agents. These compounds, however, often do not disperse well when applied to plants and fungi. Therefore, greater concentrations of borates are frequently incorporated into such compositions.

There is a continuing need for improved boron compound containing wood preservatives and waterproofing compositions which have improved leach resistance and improved penetration and distribution into wood substrates. Also, there is a need for boron compound containing insecticidal, herbicidal, fungicidal, and plant growth regulating compositions which improve the efficacy of the boron compound and improve the dispersion of the boron compound when applied to plants and fungi.

SUMMARY OF THE INVENTION Applicants have discovered that amine oxides enhance the performance of boron compounds as wood preservatives, provide waterproofing properties, and improve the leach resistance of wood substrates to which they are applied. Also, amine oxides improve the efficacy of boron compounds as insecticides, herbicides, fungicides, and plant growth regulating agents and provide better dispersion of the boron compounds when applied to plants and fungi. The present invention provides a composition comprising an amine oxide and a boron compound.

Preferred amine oxides include, but are not limited to, dodecyldimethylamine oxide, tridecyldimethylamine oxide, tetradecyldimethyl amine oxide, pentadecyldimethylamine oxide, or hexadecyldimethylamine oxide. The boron compound may be boric acid, diboron tetrahydroxide, a borate, a boron oxide, a borane or any combination of the foregoing. Preferably, the composition comprises boric acid, a borate, a salt of a borate, or a mixture of boric acid and a borate or a salt thereof.

Another embodiment of the present invention is a method for preserving and/or waterproofing a wood substrate by contacting the composition with the wood substrate.

Yet another embodiment is an article comprising a wood substrate and the composition of the present invention.

According to another embodiment of the invention, a method for controlling plants, insects, or fungi or regulating the growth of plants is provided comprising applying an insecticidal, herbicidal, fungicidal, or plant growth regulating effective amount of the composition of the present invention to the plants, fungi, insects, the seeds of the plants, or the area on which the plants or fungi grow.

DETAILED DESCRIPTION OF THE INVENTION The present invention provides a composition comprising an amine oxide and a boron compound. The amine oxide enhances penetration of the boron compound into wood substrates and improves leach resistance. Also, the amine oxide enhances the efficacy of the boron compound as an insecticide, herbicide, fungicide, and plant growth regulating agent. The compositions of the present invention have high water solubility and/or dispersibility and low volatility.

The amine oxide may be a trialkylamine oxide; an alkylcyclicamine oxide; a dialkylpiperazine di-N-oxide ; an alkyldi (ethoxylated oxyalkyl) amine oxide; a dialkylbenzylamine oxide; a fatty dimethylaminopropylamine oxide; a diamine oxide; a triamine oxide; and any combination of any of the foregoing.

Preferred trialkylamine oxides have the formula R1R2R3N#O, where Rl is a linear, branched, cyclic or any combination thereof Cs to C40 saturated or unsaturated group; and W and R3 independently are linear, branched, or any combination thereof Cl to C4o saturated or unsaturated groups. R', R2, and R3 independently may be allyl, alkenyl, or alkynyl groups. More preferably, Rl is a linear, branched, cyclic or any combination thereof C8 to C22 saturated or unsaturated group, such as coco, hydrogenated tallow, soya, decyl, and hexadecyl ; and W and R3 independently are linear, branched, or any combination thereof Cl to C22 saturated or unsaturated groups, such as coco, hydrogenated tallow, soya, decyl, and hexadecyl.

A preferred trialkylamine oxide is a dialkylmethylamine oxide having the formula R1R2CH3N#O, where Rl and RZ are defined as above. Another preferred trialkylamine oxide is an alkyldimethylamine oxide having the formula R1(CH3)2N#O, where Rl is defined as above.

Suitable alkyldimethylamine oxides include, but are not limited to, a Clo alkyldimethylamine oxide, a Cl2-Cl4 alkyldimethylamine oxide, a Cjg-Cjg alykldimethylamine oxide, and any combination of any of the foregoing. According to a preferred embodiment, the alkyldimethyl amine oxide is a Cl2-Cl6 alkyldimethyl amine oxide and more preferably a C12 or C16 alkyldimethyl amine oxide.

Preferred alkylcyclicamines oxide have the formula WWWN--+O where R4 is defined as R'above and Rs and R6 are linked to form a cyclic group. The cyclic group typically contains from about 4 to about 10 carbon atoms and may optionally contain oxygen, sulfur, nitrogen, or any combination of any of the foregoing. More preferred alkylcyclicamine oxides include, but are not limited to, an alkylmorpholine-oxide, a dialkylpiperazine di-N-oxide, and any combination of any of the foregoing.

Preferred alkylmorpholine-oxides have the formula where R'is defined as Rl above.

Preferred dialkylpiperazine di-N-oxides have the formula where R8 is defined as Rl above and R9 is defined as R ? above.

Preferred alkyldi (ethoxylated oxyalkyl) amine oxides have the formula where R'° is defined as Rl above ; Rll and Rl2 independently are H or CH3 ; and m and n independently are integers from about 1 to about 10.

Preferred dialkylbenzylamine oxides have the formula R13R14R15N#O, where R13 is defined as Rl above ; R14 is defined as R ? above; and R15 is benzyl. More preferred dialkylbenzylamine oxides include, but are not limited to, alkylbenzylmethylamine oxides having the formula R13R15CH3N#O where R13 and R15 are defined as above.

Preferred fatty dimethylaminopropylamine oxides have the formula where Rl6 is defined as Rl above.

Preferred diamine oxides have the formula where R"is defined as R'above ; and m is an integer from about 1 to about 10.

Preferred triamine oxides have the formula where Rl8 is defined as Rl above ; and m and n independently are integers from about 1 to about 10.

Long chain (Cl6 or greater) amine oxides, such as hexadecylamine oxides and hydrogenated tallow amine oxides, are particularly preferable for imparting waterproofing properties to the composition. Short chain (Cl4 and shorter) amine oxides aid in solubilizing the boron compound and long chain amine oxides.

The boron compound may be boric acid, diboron tetrahydroxide, a borate, a boron oxide, a borane, or any combination of any of the foregoing. Suitable boron compounds, include, but are not limited to, boranes and borate esters that produce oxides of boron in aqueous media.

In a preferred embodiment, the boron compound is boric acid, a borate (e. g., basic sodium borate (borax)), or a mixture of boric acid and a borate.

Suitable borates include, but are not limited to, perborates, metaborates, tetraborates, octaborates, borate esters, and any combination of any of the foregoing. Preferred borates include, but are not limited to, metallic borates (e. g., sodium borate, zinc borate and potassium borate), such as disodium tetraborate decahydrate, disodium octaborate tetrahydrate, sodium metaborate, sodium perborate monohydrate, disodium octaborate, sodium tetraborate pentahydrate, sodium tetraborate, copper metaborate, zinc borate, barium metaborate, and any combination of any of the foregoing; bis (2-aminoethyl) borate; and any combination of any of the foregoing. More preferably, the borate is disodium octaborate tetrahydrate, available as Tim- Bor from U. S. Borax Inc. of Valencia, CA. A preferred boron oxide is boric oxide.

The composition may include a solvent, such as water and water miscible solvents, including, but not limited to, alcohols; glycols, such as ethylene glycol; esters; ethers; polyethers; and any combination of any of the foregoing. Compositions of the present invention containing boranes and/or borate esters preferably also contain water in order to hydrolyze them to produce oxides of boron.

The weight ratio of amine oxide to boron compound broadly ranges from about 1: 50 to about 50: 1 and preferably from about 1: 5 to 5: 1.

According to one embodiment of the invention, the composition in concentrated form contains broadly from about 1 to about 100%, preferably from about 10 to about 30%, and more preferably from about 10 to about 30% by weight of combined amine oxide and boron compound based upon 100% weight of total composition.

Wood preservative and/or waterproofing use dilutions ofthe composition typically comprise a biocidally effective amount of boron compound and a preservative enhancing and/or waterproofing effective amount of the amine oxide. Wood preservative and/or waterproofing use dilutions preferably comprise from about 0.5 to about 2% by weight of amine oxide and from about 0.5 to about 2% by weight of boron compound based upon 100% weight of total composition.

Insecticidal, herbicidal, fungicidal, and/or plant growth regulating use dilutions of the composition typically comprise an insecticidal, herbicidal, fungicidal, and/or plant growth regulating effective amount of the boron compound and an insecticidal, herbicidal, fungicidal, and/or plant growth regulating enhancing effective amount of the amine oxide. Insecticidal, herbicidal, fungicidal, and/or plant growth regulating use dilutions preferably comprise from about 0.01 to about 10% by weight of amine oxide and from about 0.01 to about 5% by weight of boron compound based upon 100% weight of total use dilution.

Other adjuvants may be included in the composition as known to one of ordinary skill in the art.

Another embodiment of the present invention is a method for preserving and/or waterproofing a wood substrate by contacting the composition of the present invention with the wood substrate. The composition may be applied to the wood substrate by any method known to one of ordinary skill in the art including, but not limited to, brushing, dipping, soaking, vacuum impregnation, and pressure treatment using various cycles.

Yet another embodiment of the present invention is a method for controlling plants, insects, or fungi or regulating the growth of plants comprising applying an insecticidal, herbicidal, fungicidal, or plant growth regulating effective amount of the composition of the present invention to the plants, fungi, insects, the seeds of the plants, or the area on which the plants or fungi grow. The composition of the present invention may be applied to the plants, fungi, insects, the seeds of the plants, or the area on which the plants or fungi grow by any method known to one of ordinary skill in the art including, but not limited to, spraying.

Generally the composition of the present invention is applied at a rate ranging from about 1 to about 1,000 g/ha (grams/hectare) to plants or fungi, the seeds of the plants, and/or the area on which the plants or fungi grow.

The composition of the present invention may be prepared by mixing the boron compound, amine oxide, solvents, and adjuvants. The mixture may be heated and/or stirred to expedite mixing.

The following example illustrates the invention without limitation. All parts and percentages are given by weight unless otherwise indicated. The abbreviation"DMAO"stands for dimethylamine oxide.

Example Evaluation of Penetration of Borate-Amine Oxide Formulations Pieces of permeable southern pine, impermeable Douglas Fir, and intermediately permeable Hem-Fir were treated with solutions containing (i) 2 or 5% by weight of a boron compound (i. e., Tim-Boi, borax or boric acid) and optionally (ii) 0.4 or 1% by weight of Barlox 12 or a mixture of BarloxX 16S and Barlox 12. Tim-Bor is a 98% solution of disodium octaborate tetrahydrate available from U. S. Borax Inc. of Valencia, CA. Barloxs 12 is an aqueous solution containing 30% by weight of dodecyldimethylamine oxide available from Lonza Inc. of Fair Lawn, NJ. BarloxX 16S is an aqueous solution containing 30% by weight of hexadecyl dimethylamine oxide available from Lonza Inc.

End-matched samples of each type of wood were prepared by cutting 2"by 4" boards into 8"lengths. One end of each sample was coated with epoxy to preclude penetration of the treating solutions.

The samples were treated with the solutions by either dipping them into the solution or by vacuum impregnation as indicated in Tables 1 through 4 below. Immediately after treatment, the samples were cut in half and sprayed with an indicator solution, which was a mixture of curcumin and salicylic acid, to monitor borate penetration. The penetration was measured. At weekly intervals thereafter, approximately 1/8"was removed from the cut ends of the samples and penetration was reevaluated with the indicator spray. hi some cases, the indicator spray gave very light, diffuse color changes that were difficult to interpret.

The treating solutions tested and their results are shown in Tables 1 through 4 below.

Table 1 Treating Solution Species of Penetration (mm) at Day Wood 0 8 14 22 29 2% Borax Southern Pine 2 10 11 12 15 2% Borax and Southern Pine 2 10 19 19 19 0.4% Dodecyl DMAO 2% Borax and Southern Pine 1 12 19 19 19 0.4% of total Dodecyl DMAO and Hexadecyl DMAO (at a weight ratio of 2 : 5) 2% Boric Acid Hem-Fir 0 5 6 7 7 2% Boric Acid and Hem-Fir 1 6 7 9 8 0.4% Dodecyl DMAO 2% Boric Acid-Bxl6/12 Hem-Fir 2 7 8 9 9 2% Tim-Bor# (active) Douglas Fir 4 5 4 7 8 2% Tim-Bor# (active) and Douglas Fir 2 5 7 9 8 0.4% Dodecyl DMAO 2% Tim-Borland Douglas Fir 0 3 2 3 3 0.4% of total Dodecyl DMAO and Hexadecyl DMAO (at a weight ratio of 2 : 5) For Tables 2 through 4 below, the following abbreviations have the following definitions: BX-Aqueous solution containing 2% borax.

BXA1-Aqueous solution containing 2% borax and 0.4% dodecyl DMAO. BXA2-Aqueous solution containing 2% borax and 0.4% of total dodecyl DMAO and hexadecyl DMAO at a weight ratio of 2: 5.

5%-BX-Aqueous solution containing 5% borax.

5%-BXA1-Aqueous solution containing 5% borax and 1% dodecyl DMAO. 5%-BXA2 - Aqueous solution containing 5% borax and 1% of total dodecyl DMAO and hexadecyl DMAO at a weight ratio of 2: 5.

TB-Aqueous solution containing 2% Tim-BoreD (active).

TBA1-Aqueous solution containing 2% Tim-Bor and 0.4% dodecyl DMAO. TBA2-Aqueous solution containing 2% Tim-BorX and 0.4% of total dodecyl DMAO and hexadecyl DMAO at a weight ratio of 2: 5.

H-Aqueous solution containing 2% boric acid.

HA1-Aqueous solution containing 2% boric acid and 0.4% dodecyl DMAO. HA2-Aqueous solution containing 2% boric acid and 0.4% of total dodecyl DMAO and hexadecyl DMAO at a weight ratio of 2: 5.

NV-Not Visible ?-Questionable due to lightness Table 2 Penetration Results (nun') for Southern Pine Treating Treatment Treatment Penetration (nun) at Day Solution Type Time (min) 0 8 14 22 29 5%-BXA1 Vacuum 10 2 10 All 14 All 5%-BX Vacuum 10 2 10 11 12 15 5%-BXA2 Vacuum 10 1 12 All All All 5%-BXA1 Vacuum 10 3 10 8 14 15 5%-BX Vacuum 10 3 6 7 12 11 5%-BXA2 Vacuum 10 2 8 9 13 15 BXA1 Vacuum 10 4 7 6 12 10 BX Vacuum 10 7 10 11 13 14 BX Vacuum 10 3 5 6 7 9 BXA2 Vacuum 10 7 8 9 11 11 Treating Treatment Treatment Penetration (mm) at Day Solution Type Time (min) 0 8 14 22 29 BXA1 Dip 6 NV NV NV BXA1 Dip 6 NV NV NV BXA1 Dip 6 NV NV NV BXA1 Dip 30 NV NV NV NV NV TBA1 Vacuum 10 4 6 6 9 7 TB Vacuum 10 3 10 9 All? 12 TBA2 Vacuum 10 3 7 6 10 11 TBA1 Dip 3 NV NV NV - - TB Dip 3 NV NV 3 ? - - TBA1 Dip 6 NV NV NV - - TB Dip 6 NV 3 NV - - TBA1 Dip 30 NV2 NV NV 2 2 TBA2 Dip 30 5 4 6 7 HA1 Vacuum 10 5 10 12 13 13 H Vacuum 10 9 9 All All All HA2 Vacuum 10 5 10 9 11 11 HA1 Dip 6 NV NV NV - - H Dip 6 NV NV NV - - HA2 Dip 6 NV NV NV - - Table 3 Penetration Results (mm ! for Douglas Fir Treating Treatment Treatment Penetration (mm) at Day Solution Type Time (min) 0 8 14 22 29 BXA1 Vacuum 10 NV 1 2 3 3 BX Vacuum 10 3 2 2 3 3 BX Vacuum 10 NV 2 2 3 All? BXA2 Vacuum 10 3 2 2 3 3 BXA1 Dip 6 NV 3 2 9 8 BXA1 Dip 6 NV 1 5 9 7 BXA1 Dip 6 1 4 5 9 8 BXA1 Dip 30 2 4 6 All? 10 TBA1 Vacuum 10 NV 2 2 3 4 TB Vacuum 10 NV 3 2 4 4 TBA2 Vacuum 10 NV 3 3 3 4 TBA1 Dip 3 4 5 4 7 7 TB Dip 3 NV 2 4 7 8 TBA1 Dip 6 NV 7 5 7 7 TB Dip 6 2 4 5 7 8 TBA1 Dip 30 2 5 7 9 8 TBA2 Dip 30 NV 3 2 3 3 HA1 Vacuum 10 NV 4 3 3 3 H Vacuum 10 NV 2 3 4 3 HA2 Vacuum 10 NV 3 3 4 3 HA1 Dip 6 NV 2 2 8 8 H Dip 6 2 5 4 9 8 HA2 Dip 6 NV 7 5 10 8 Table 4 Sample Penetration Results (mm) for Hem-Fir Treating Treatment Treatment Penetration (mm) at Day Solution Type Time (mili) 8 14 22 29 BXA1 Vacuum 10 1 4 5 3 4 BX Vacuum 10 2 4 4 4 4 BX Vacuum 10 2 4 4 4 3 BXA2 Vacuum 10 NV 2 3 3 3 BXA1 Dip 6 NV NV NV - - BXA1 Dip 6 NV NV NV BXA1 Dip 6 NV NV NV BXA1 Dip 30 NV NV 10 All? All ? TBA1 Vacuum 10 NV 1 2 5 3 TB Vacuum 10 1 3 3 6 4 TBA2 Vacuum 10 NV 4 4 6 3 TBA1 Dip 3 NV NV 3 All? All? TB Dip 3 NV NV 3 All? All ? TBA1 Dip 6 NV NV 3 10 10 TB Dip 6 NV 5? 6 10 10 TBA1 Dip 30 NV NV 4 All ? All ? TBA2 Dip 30 NV 3 3 8 6 HA1 Vacuum 10 1 6 7 9 8 H Vacuum 10 1 5 6 7 7 HA2 Vacuum 10 2 7 8 9 9 HA1 Dip 6 NV NV 5 All? All ? H Dip 6 NV 7 5 All? All? HA2 Dip 6 NV 1 6 All ? All? ************************ All patents, applications, articles, publications, and test methods mentioned above are hereby incorporated by reference.

Many variations of the present invention will suggest themselves to those skilled in the art in light of the above detailed description. Such obvious variations are within the full intended scope of the appended claims.