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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
This communication is the first action on the merits.
An information disclosure statement (IDS) has been filed on 12/08/2023 and reviewed by the Examiner.
Election/Restrictions
Applicant’s election without traverse of Group II (Claims 11-20) in the reply filed on 05/07/2025 is acknowledged.
Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 11 is objected to because of the following informalities: The Examiner suggests changing “pH of from” in line 7 to --pH in the range of--.
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.
Claims 11-20 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 11 recites the phrase "an OTC solution" in line 5. This is a double inclusion of “an acidified oxytetracycline solution” in line 1. The Examiner suggests changing “an OTC solution” to --the acidified OTC solution--.
Claim 11 recites the phrase "a bacterial infection in a plant" in line 6. This is a double inclusion of “a bacterial infection in a plant” in line 2. The Examiner suggests changing “a bacterial infection in a plant” to --the bacterial infection in the plant--.
Claim 11 recites the phrase “the OTC or the salt thereof having a purity sufficient to generate an OTC solution that is substantially stable for a time period required for its delivery to a plant” in lines 7-9. This renders the claim vague and indefinite, since it is unclear what a sufficient “purity” of the OTC or the salt thereof is referencing. It is unclear what constitutes a sufficient “purity” or how the term “purity” relates to the chemical composition of the OTC or the salt thereof within the scope of the claim. Further clarification is required.
Claim 11 recites the phrase "an OTC solution" in line 8. This is a double inclusion of “an acidified oxytetracycline solution” in line 1. The Examiner suggests changing “an OTC solution” to --the acidified OTC solution--.
Claim 11 recites the phrase "a plant" in line 9. This is a double inclusion of “a plant” in line 2. The Examiner suggests changing “a plant” to --the plant--.
Claim 11 recites the phrase "a plant" in line 10. This is a double inclusion of “a plant” in line 2. The Examiner suggests changing “a plant” to --the plant--.
Claim 12 recites the phrase "a purity" in lines 1-2. This is a double inclusion of “a purity” in line 7 of claim 11.
Claim 17 recites the phrase "systemic delivery" in line 1. This is a double inclusion of “delivering the OTC solution systemically” in line 10 of claim 11. The Examiner suggests changing “systemic delivery” to --the systemic delivery--. Claim 19 is rejected for similar reasons.
Claims 12-20 are rejected based on their respective dependencies.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
Allowable Subject Matter
Claim 11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 12-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of plant disease treatment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M DENNIS/Examiner, Art Unit 3647