DETAILED ACTION
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 .
Acknowledgement is made to Applicant’s response filed 01/02/2026.
Claims 51-56, 61, 63, and 65-70 are pending.
Claims 55, 56, 61, 63, 65-70 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/02/2026.
Claims 51-54 are currently under consideration to the extent that they read upon Applicant’s elected species.
It is noted that Applicant elected:
Chlorantraniliprole as the specific anthranilamide compound,
Novaluran as the specific insecticide,
A weight ratio of the anthranilamide and insecticide of 1:10 to 10:1,
It is noted that in the process of searching the elected species of weight ratio that the Examiner came across art that reads on the weight ratio of 1:100 to 100:1, and for the sake of compact prosecution, the species election is expanded to read upon said ratio.
Applicant did not elect the weight of the components present or any additional ingredients being present.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 51-54 (all claims currently under consideration) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 108432770 (CN ‘770).
CN ‘770 teaches a synergistic composition comprising (A) Rynaxypyr (Chlorantraniliprole) and (B) Nolvaluron (see entire document, for instance, claims 1-3 and page 4, 5th line). The ratio of components (A) to (B) is taught as being 100:1 to 1:100 or 50:1 to 1:50 (see entire document, for instance, page 3, third full paragraph).
Applicant is reminded that the intended use of a product claim carries no patentable weight unless it imparts a structural limitation. See MPEP 2111.02. Therefore, since the intended use of the composition in a method for insect pest control characterized by enhancing knock-down, having residual or prolonged control, and having high efficacy is merely identifying that the composition can have said features, and not imparting a structural limitation, it is the Examiner's position that the composition is capable of performing the intended use. It is further noted that MPEP 2112.01 states: “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TREVOR M LOVE whose telephone number is (571)270-5259. The examiner can normally be reached M-F typically 6:30-3.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bethany Barham can be reached at 5712726175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TREVOR LOVE/Primary Examiner, Art Unit 1611
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