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 .
DETAILED ACTION
Claims 1-11 are currently pending in the instant application. Applicants have amended claims 1-11 in amendment filed on January 29, 2024. Claims 1-11 are rejected in this Office Action.
I. Priority
The instant application is a 371 of PCT/EP2022/070787, filed on July 25, 2022 and claims benefit of Foreign Application EPO 21189028.0, filed on August 2, 2021.
II. Information Disclosure Statement
The information disclosure statements (IDS) submitted on January 29, 2024 and February 27, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
III. Rejections
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
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 1-11 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. Specifically, claim 1 contains the definition for variables R1 and R4 as the following “is H, halogen or CN, C1-C4-alkyyl, C1-C4-halogenalkyl”. Applicants have placed an “or” in the middled of the group which makes what Applicants are attempting to claim unclear. It is unclear whether Applicants are attempting to define R1 and R4 as “H, halogen, CN, C1-C4alkyl or C1-C4halogenalkyl or as being selected from two separate groups. For example, R1 is selected from H and halogen or it could be selected from CN, C1-C4alkyl or C1-C4-halogenalkyl. Since it is unclear what Applicants are attempting to claim as their claimed invention with variables R1 and R4, the claims are considered indefinite. Applicants are suggested to amend the claims, for example, so that the definitions of both R1 and R4 read as the following “is selected from the group consisting of H, halogen, CN, C1-C4-alkyl and C1-C4-halogenalkyl” to overcome the above rejection. See MPEP 2173.05(h).
IV. Objections
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 contains the limitation “and N-oxides and agriculturally acceptable salts thereof” which should read “or an N-oxide or an agriculturally acceptable salt thereof”. Claim1 contains the definition for variable 7a which should have the term “and” in between the terms “phenyl” and “benzyl” and the term “or” between the terms “C2-C6-alkynyl” and “C2-C6-halogenalkynyl”. Appropriate correction is required.
***The closest prior art is JP 2011-148714 A which teaches compounds such as
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123
157
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but does not teach compounds with a quinazoline group substituted on the quinoline ring as seen in the instant compounds
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184
363
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. The above compounds are not taught or suggested by the prior art.
V. Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shawquia Jackson whose telephone number is 571-272-9043. The examiner can normally be reached on 7:00 AM-3:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Adam Milligan can be reached on 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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/SHAWQUIA JACKSON/Primary Examiner, Art Unit 1626
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