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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/14/2022 and 12/05/2023 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 1 and 5 objected to because of the following informalities:
Claim 1 recites “wherein:-“ which should recite “wherein:[-]”.
Claim 5 recites “-SO2methyl” which should recite “-SO2[m]methyl”. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 15 does not fall within at least one of the four categories of patent eligible subject matter because claim 15 recites “use of a compound of Formula (I) as defined in claim 1 as a herbicide.” Because claim 1 is drawn to a use per se, it does not fall within at least one of the four categories of patent eligible subject matter. For example, a “use of a compound. . . as a herbicide” does not define a proper process because it lacks active steps. See MPEP 2173.05(q).
Claim Rejections - 35 USC § 112
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.
Claims 15 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.
Claim 15 is indefinite because it recites the “use of a compound of Formula (I) as defined in claim 1 as a herbicide” without setting forth any active steps defining how the use is practiced, leaving the metes and bounds of the claim unclear. See MPEP 2173.05(q).
Claim Rejections - 35 USC § 102
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 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS RN 873980-66-6 (12/05/2023 NPL Cite No 12).
CAS RN 873980-66-6
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anticipates a compound of Formula (V) wherein R2 is halogen wherein the halogen is Br, R3 is C1alkyl, R4 is C1alkyl and R5 is hydrogen.
Claim 17 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS RN 194360-83-3 (12/05/2023 NPL Cite No 16).
CAS RN 194360-83-3
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anticipates a compound of Formula (VI) wherein R2 is -S(O)pC1alkyl wherein p is 0, R3 is C1alky-l, R4 is C5alkyl- and R3 is hydrogen.
Allowable Subject Matter
Claims 1-14 and 18 are allowable over the prior art.
Conclusion
Claims 15-17 are rejected.
Claims 1 and 5 are objected to.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JED A KUCHARCZK whose telephone number is (571)270-5206. The examiner can normally be reached Mon-Fri 7:30 to 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Milligan can be reached at (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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/JED A KUCHARCZK/Examiner, Art Unit 1623
/ADAM C MILLIGAN/Supervisory Patent Examiner, Art Unit 1623