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 .
Claims 1-14 and 16-21 are pending in this application.
Withdrawn grounds of rejection
All grounds of rejection of claim 15 is withdrawn in view of its cancellation in the response filed on 5/5/2026.
The ground of rejection of claim 14 under 35 USC 112(b) or pre-AIA 35 USC 112, second paragraph, is withdrawn in view of the amendment to claim 14 filed on 5/5/2026.
The ground of rejection of claim 16 under 35 USC 112(d) or pre-AIA 35 USC 112, 4th paragraph, is withdrawn in view of the amendment to claim 16 filed on 5/5/2026.
35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 16, R2 is defined to include –S(O)pC1-6 alkyl. However, the subscript p is not defined. The scope of claim 16 is therefore unclear.
State of the art
U.S. Patent No. 12,643,871 (Lian) is cited to further show the state of the art. Lian’s Formula I (see e.g., columns 2-17) as shown below encompasses all the substituents of Applicant’s Formula (I) of the instant application:
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120
210
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However, none of Lian’s exemplified compounds have Z2 = -O-haloalkyl. Numerous example compounds of Lian have Z2 = CF3, for example compound nos. 1 to 473. In the instant specification, Applicant tested CF3 (comparative) vs. OCHF2 or OCF3 (invention). Applicant’s test results show that the inventive compounds, which have the combination of phenyl substitution as claimed exhibit improved control of weed species while improving safety to crop (pages 49-50).
Allowable claims
Claims 1-14 and 17-21 are allowed for the reasons previously set forth in the Office action of 7/29/2025 at pages 4-6.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JOHN PAK whose telephone number is (571)272-0620. The Examiner can normally be reached on Monday to Friday from 8:30 AM to 5 PM.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's SPE, Fereydoun Sajjadi, can be reached on (571)272-3311. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/JOHN PAK/Primary Examiner, Art Unit 1699
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