Prosecution Insights
Last updated: April 19, 2026
Application No. 18/029,982

MIXTURES CONTAINING CYCLOBUTRIFLURAM

Non-Final OA §103
Filed
Apr 03, 2023
Examiner
NESTOR, DONNA MICHELLE
Art Unit
1627
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
BASF Corporation
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
35 granted / 61 resolved
-2.6% vs TC avg
Strong +50% interview lift
Without
With
+49.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
38 currently pending
Career history
99
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
33.9%
-6.1% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 61 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-A I A or A I A Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority This application, filed 3 April, 2023 , is a national stage application of PCT/EP2021/ 076571 , filed 28 September , 2021, which claims foreign benefit of application EP 20200669.8 , filed 8 October , 2020. Information Disclosure Statement Two information disclosure statements (IDS) submitted on 3 April, 2023 and 26 April, 202 3 are acknowledged and have been considered. Status of the Application Receipt is acknowledged of Applicant's claimed invention, filed 3 April, 2023 , in the matter of Application N° 1 8 / 029 , 982 . Said documents have been entered on the record. Claims 1-6 and 10-12 are amended. Claims 7-9 are canceled . Claims 13-15 are new. No new matter was introduced. Thus, Claims 1-6 and 10-15 represent all claims currently under consideration. Specification The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01. Claim Objections Claims 3-4 are objected to because of the following informalities: missing a space and comma between and after “ fluoxapiprolinipflufenoquin . ” Appropriate correction is required. Additionally, Applicant is advised that should Claim 3 be found allowable, Claim 4 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claim 5 is objected to because of the following informalities : missing a comma between “ ipflufenoquin pydiflumetofen .” Appropriate correction is required. Claim Rejections - 35 USC § 103 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-6 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kilaru et al. (WO 2020/165403 A1, Published 20 August 2020), hereinafter Kilaru . Regarding Claim s 1 -5 , Kilaru teaches a fungicidal composition comprising one or more pesticidally -active compounds , to include cyclobutrifluram , mefenoxam, penflufen , oxathiapiprolin, fluxapyroxad, etc . (‘403, Pg. 29, Lines 35-39 , Pg. 32 , Lines 6-34 and Pg. 39, Line 10.) Regarding Claim 6, Kilaru teaches s uitable carriers and adjuvants can be solid or liquid (‘403, Pg. 26, Line 22.) Regarding Claim s 10 and 13 , Kilaru teaches a method of controlling or preventing infestation of useful plants by phytopathogenic microorganisms, to include for controlling plant pests , wherein a fungicidally effective amount of a composition is applied to the plants, to parts thereof or the locus thereof (‘403, Pg. 2, Lines 31-34 and Pg. 18, Line 19 .) Regarding Claim 11, Kilaru teaches 0.01 to 1 0 g per kg of seed (equivalent to 1g – 10kg per 100 kg) is preferred (‘403, Pg. 44, Line 18.) Regarding Claim 12, Kilaru teaches other biocidally active ingredients or compositions may be combined with the compositions of the invention and used in the methods of the invention and applied simultaneously or sequentially with the compositions of the invention (‘403, Pg. 29, Lines 7-9.) Regarding Claim 14, Kilaru teaches the fungicidal compositions according to the present invention may be used in controlling or preventing phytopathogenic diseases, especially phytopathogenic fungi (such as Phakopsora pachyrhiz1) on soy bean plants (‘403, Pg. 24, Lines 22-25.) Regarding Claim 15, Kilaru teaches target crops and/or useful plants to be protected comprise maize (corn) (‘403, Pg. 20, Line 15.) Although Kilaru emphasizes methoxyacrylate derivates of Formula I, it nevertheless teaches cyclobutrifluram , discloses fungicidal compounds corresponding to component (2), and expressly contemplates combinations thereof. The selection of cyclobutrifluram together with a fungicidal compound represents the predictable use of known fungicidal agents in combination as taught by Kilaru . One of ordinary skill in the art would have been motivated to make such a combination in order to enhance fungicidal efficacy, broaden the spectrum of activity, and/or mitigate resistance, and would have had a reasonable expectation of success because the reference establishes both the fungicidal activity of the individual components and the utility of combining such agents. Communication Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Donna M. Nestor whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-5316 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT generally (w/flex): 5:30a-5p EST M-Th . 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, FILLIN "SPE Name?" \* MERGEFORMAT Kortney Klinkel can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-5239 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.M.N./ Examiner, Art Unit 1627 /SARAH PIHONAK/ Primary Examiner, Art Unit 1627
Read full office action

Prosecution Timeline

Apr 03, 2023
Application Filed
Mar 25, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
57%
Grant Probability
99%
With Interview (+49.7%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 61 resolved cases by this examiner. Grant probability derived from career allow rate.

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