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 .
Applicant's election with traverse of compound 1.005 in the reply filed on 2026 February 20 is acknowledged. The traversal is on the ground(s) that there is unity in a compound of formula (I). This is not found persuasive because variables Z1, Z2, Y1, and Y2 represent C or N and therefore represent different heterocyclic rings. In the interest of compact prosecution, a search of the entirety of formula (I) of claim 1 has been conducted.
A compound of formula (I) is directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), a species requirement, previously withdrawn from consideration as a result of a restriction requirement, is hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on 2025 November 20 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2023 March 10 and 2025 March 29 were submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are considered by the examiner.
Claim Objections
Claims 1-15 are objected to because of the following informalities: in claim 1, the phrase “R8 is is” should be “R8 is”; and in claim 14, the phrase “application to the locus of a weed controlling amount” should be --application of a weed controlling amount--. Appropriate correction is required.
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.
Claim 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 does not recite an active step of using the compound of formula (I).
Allowable Subject Matter
Claims 1- 15 are not allowable.
The following is a statement of reasons for the indication of allowable subject matter: WEBBER (WO 93/20055, published 1991 14 October. Webber describes a compound (page 91) in which the following examined definitions apply: Y1 and Y2 are each CH; R1 and R2 are each CH; n is zero; Y1 and Y2 are each N and NH respectively; R6 is Me; group X1-R9 when a tautomer of the compound is present; and sulfur links the two rings. This compound is used as a reactant for a biologically active compound. This compound is not prior art due to three reasons: an S linking group between the rings; R9 cannot be H; and the compound is a reactant in a process for making a biologically active, not herbicidally active compound.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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