Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 17-29 are currently pending in the instant application. Applicants have amended claim 17 and canceled claim 33 in an amendment filed on November 12, 2025. Claim 29 is rejected, claim 17 is objected and claims 18-28 are considered to be allowable in this Office Action.
I. Response to Arguments/Remarks
Applicants’ amendment, filed on November 12, 2025, has overcome the rejection of claims 17-28 under 35 USC 112(b) as being indefinite for the definition of variable L1 and the rejection of claims 17-28 under 35 USC 112(b) as being indefinite for the limitation of variable R1 referring to Formula I which lacks antecedent basis. The above rejections have been withdrawn.
Claims 17-28 are directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), claim 29, directed to the process of making or using an allowable product, previously withdrawn from consideration as a result of a restriction requirement, is hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because a claimed invention previously withdrawn from consideration under 37 CFR 1.142 has been rejoined, the restriction requirement between groups II and III as set forth in the Office action mailed on March 6, 2025 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
II. Rejection(s)
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 29 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claim 29 recites the limitation “reacting the compound of formula Ia” which is dependent on claim 17 but “a compound of formula Ia” is not found in claim 17. Claim 17 is only drawn to a compound of formula Ib. There is insufficient antecedent basis for this limitation in the claim. Applicants are suggested to amend claim 29 so that the limitation “reacting the compound of formula Ia” now reads “reacting a compound of formula Ia” to overcome the rejection.
III. Objections
Claim Objections
Claim 17 is objected to because of the following informalities: the limitation “or N-oxides, metal complexes, isomers, polymorphs or the agriculturally acceptable salts thereof” should now read “or an N-oxide, metal complex, isomer, polymorph or an agriculturally acceptable salt thereof”.
IV. Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shawquia Jackson whose telephone number is (571)272-9043. The examiner can normally be reached on M-F 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Milligan can be reached on (571) 270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWQUIA JACKSON/Primary Examiner, Art Unit 1626
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