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 .
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 16-30 are 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. The phrase “can contain” is indefinite since it is unclear whether the term requires that the component is contained, or whether it is optional. For example, it is indefinite as to whether the phrase “hydrocarbon residue which can contain one heteroatom” would require that the hydrocarbon residue contains one heteroatom, or whether the hydrocarbon residue optionally contains one heteroatom. The terms “preferably” and “more preferably” also render the scope of the claims vague and indefinite, since it is unclear whether the limitations following such terms are required, or whether they are optional. In claims 25 and 29, it is indefinite as to what the metes and bounds of a “customary” agrochemical auxiliary agent would be.
This application apparently discloses allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter: Nave et al ‘199 (US 2018/0016199) discloses various pyrazole derivatives used as nitrification inhibitors. (See the Abstract and Paragraphs [0012] through [0024].) The compound which appears to be most closely related to those recited in applicant’s claims is the compound depicted in A-7 in Table A of Nave et al ‘199. This compound includes a pyrazole group and a carboxamide substituent. However the ring adjacent the pyrazole ring in compound A-7 is a benzene ring, whereas applicant’s claims require a pyridine ring adjacent the pyrazole ring. There is no teaching, disclosure or suggestion in Nave et al ‘199 to substitute a pyridine ring for the benzene ring in compound A-7. Nor would there be any motivation from the prior art to do so. Accordingly applicant’s claims are not rejected over Nave et al ‘199.
Nave et al ‘392 (US 2018/0346392) is made of record for disclosing various pyrazole carbonamides useful as nitrification inhibitors.
WO 2019/012380 A1 is made of record for disclosing various pyridine carboxamides and pyrazole carboxamides useful as nitrification inhibitors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LANGEL whose telephone number is (571) 272-1353. The examiner can normally be reached Monday through Friday from 8:15 am to 4:15 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LANGEL/Primary Examiner, Art Unit 1736