Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of the Claims
Claims 1-15, 17, 18, 20, 25, 26, 30, and 34 have been canceled. Accordingly, claims 16, 19, 21-24, 27-29, 31-33, and 35-39 are under examination and addressed below.
Withdrawn Objections and Rejections and Response to Arguments
The objection to claim 29 is withdrawn in view of Applicant’s amendment to this claim. New grounds of rejection necessitated by amendment are presented below.
The rejection of claims 16-39 under 35 U.S.C. 112(b) as being indefinite is withdrawn in view of Applicant’s amendments to the claims.
The rejection of claims 16-39 under 35 U.S.C. 112(a) as lacking full scope of enablement is withdrawn
Applicant’s arguments to these effects are persuasive. All rejections of newly canceled claims are withdrawn.
Claim Rejections - 35 USC § 112,
New Grounds of Rejection Necessitated by Amendments of 12/8/2025
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 29, 31-33, and 35-39 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.
Claim 29 contains parenthetical recitations of pesticide species chemical names which appear to represent trade names in combination with an active ingredient name such that the required component and metes and bounds of the claim are unclear. For instance, claim 29 recites “pendimethalin (stomp)”, “chitosan (micron chitin)”, “kasugmycin (kasmuin)”, azoxystrobin (spermimepyrizoil)”, tetrachlorantraniliprole (tetrachloramide)”, “azoxystrobin (spermimepyrizoil)” “metiram (azolidazole ether derivatives)”, “flowers phosphorus dynamics”, and “propamocarb hydrochloride (dimethomyl hydrocoloride)” where at least one of the items in each of the aforementioned listed items appears to represent, although now uncapitalized, a trademark/trade name. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe various chemical compounds and, accordingly, the identification/description is indefinite. Claims 31-33 and 35-39 are rejected since they require all limitations of rejected base claim 29. Appropriate clarification is required as to what chemical compounds are encompassed in the list of pesticides recited.
Conclusion
The prior art does not teach with sufficient specificity claims 16, 19, 21-24, 27, and 28; these claims are considered in condition for allowance.
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.
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/AUDREA B CONIGLIO/Primary Examiner, Art Unit 1617