Prosecution Insights
Last updated: April 19, 2026
Application No. 18/557,024

AGRICULTURAL AND HORTICULTURAL FUNGICIDAL COMPOSITION

Non-Final OA §103§112§DP
Filed
Oct 24, 2023
Examiner
SCHLIENTZ, NATHAN W
Art Unit
1616
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Nippon Soda Co., Ltd.
OA Round
1 (Non-Final)
41%
Grant Probability
Moderate
1-2
OA Rounds
3y 8m
To Grant
20%
With Interview

Examiner Intelligence

Grants 41% of resolved cases
41%
Career Allow Rate
326 granted / 795 resolved
-19.0% vs TC avg
Minimal -21% lift
Without
With
+-20.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
60 currently pending
Career history
855
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
41.7%
+1.7% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
22.7%
-17.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 795 resolved cases

Office Action

§103 §112 §DP
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Status of the Claims Claims 1-5 are pending. Information Disclosure Statement The information disclosure statements submitted on 24 October 2023 and 13 May 2025 were filed before the mailing of an Office action. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 2 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. Instant claim 2 recites numerous classes of compounds followed by several of their species. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 2 recites the broad recitations: agents acting on synthesis or metabolism of nucleic acid, RNA polymerase I inhibitors, adenosine deaminase inhibitors, DNA topoisomerase type II inhibitors, agents acting on cytoskeletons and motor proteins, β-tubulin polymerization inhibitors, cell division (unknown points of action) inhibitors, delocalization inhibitors or spectrin-like protein, actin/myoxin/fimbrin function inhibitors, agents acting on respiration, complex I: NADH oxidoreductase inhibitors, complex II: succinate dehydrogenase inhibitors, complex III: cytochrome bc1 (ubiquinol oxidase) Qo site (cyt b gene) inhibitors, complex III: cytochrome bc1 (ubiquinone reductase) Qi site inhibitors, oxidative phosphorylation-uncoupling inhibitors, oxidative phosphorylation and ATP synthase inhibitors, ATP transport inhibitors, complex III: cytochrome bc1 (ubiquinone reductase) Qi site/stigmatellin-bonding subsite inhibitors, agents acting on amino acid and protein synthesis, methionine biosynthesis, protein synthesis (at the completion of ribosomal translation) inhibitors, protein synthesis (at the beginning of ribosomal translation) inhibitors, protein synthesis (at ribosomal polypeptide elongation) inhibitors, agents acting on signal transduction, signal transduction (unknown mechanism of action) inhibitors, MAP/histidine kinase (os-2, HOG1) inhibitors, MAP/histidine kinase (os-1, Daf1) inhibitors in osmotic signal transduction, agents acting on lipid biosynthesis or transport/cell membrane structure or function, phospholipid biosynthesis and methyltransferase inhibitors, cell-peroxidizing inhibitors, cell membrane permeability and fatty acid inhibitors, ergosterol bond inhibitors, lipid homeostasis and transport/storage inhibitors, sterol biosynthesis inhibitors of cell membranes, C14 position demethylaze (erg11/cyp51) inhibitors in sterol biosynthesis, inhibitors of Δ14 reductase and Δ8 → Δ7-isomerase (erg24, erg2) in sterol biosynthesis, 3-keto reductase (erg27) inhibitors in C4 position demethylation in sterol biosynthesis system, squalene epoxidase (erg1) inhibitors in sterol biosynthesis system, cell wall biosynthesis inhibitors, chitin synthetase inhibitors, cellulose synthetase inhibitors, cell wall melanin biosynthesis inhibitors, reductase inhibitors in melanin biosynthesis, anhydrase inhibitors in melanin biosynthesis, polyketide synthetase inhibitors in melanin biosynthesis, agents acting on resistance induction of host plants, agents relating to salicylic acid signal transduction, polysaccharide elicitors, anthraquinone elicitors, microbial elicitors, phosphonates, agents relating to salicylic acid signal transduction, agents with unknown mechanism of action, agents having multiple points of contact activity, biological control agents/organism-derived pesticides having multiple mechanisms of action, plant extracts, microorganisms (microbial strains or extracts or metabolites therefrom), other agents, unclassified agents, insecticides/acaricides, acetylcholinesterase (AChE) inhibitors (carbamate-based), acetylcholinesterase (AChE) inhibitors (organophosphorus-based), GABA-gated chloride ion (chlorine ion) channel blockers, sodium channel modulators (pyrethroid-based), sodium channel modulators (DDT's), nicotinic acetylcholine receptor (nAChR) competitive modulators, nicotinic acetylcholine receptor (nAChR) allosteric modulators, glutamatergic chloride ion channel (GluCl) allosteric modulators, juvenile hormone analogous agents, other nonspecific (multi-site) inhibitors, chordotonal organ TRPV channel modulators, mites growth inhibitors, insect midgut inner membrane disrupting agents derived from microorganisms, mitochondrial ATP biosynthetic enzyme inhibitors, oxidative phosphorylation uncoupling agents that disrupt proton gradient, nicotinic acetylcholine receptor (nAChR) channel blockers, chitin biosynthesis inhibitors, type 0, chitin biosynthesis inhibitors, type 1, molting inhibitors, molting hormone (ecdysone) receptor agonists, octopamine receptor agonists, mitochondrial electron transport system complex III inhibitors, mitochondrial electron transport system complex I inhibitors, voltage-dependent sodium channel blockers, acetyl CoA carboxylase inhibitors, mitochondrial electron transport system complex IV inhibitors, mitochondrial electron transport system complex II inhibitors, ryanodine receptor modulators, chordotonal organ modulator, target site unidentified, GABA-gated chloride ion (chlorine ion) channel allosteric modulators, agents having unknown mechanism of action (UN), other insecticides/acaricides, plant growth regulators, and the claim also recites specific compounds within each of the broad classes which is the narrower statement of the range/limitation. Claim 2 also states the broad limitation “copper (various salts)”, and “basic copper sulfate… copper hydroxide, copper naphthalate, copper oxychloride, copper sulfate…” which is the narrower statement of the range/limitation. Claim 2 further states “polypeptide” followed by “(lectin)”; “microorganisms” followed by “(microbial strains or extracts or metabolites therefrom)”. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claim. Claim 2 also includes numerous descriptions in parenthesis, such as (unknown points of action), (ubiquinol oxidase), (cyt b gene), (ubiquinone reductase), (cgs gene), (at the completion of ribosomal translation), (at the beginning of ribosomal translation), etc. It is unclear if the descriptions in the parenthesis are part of the name of the class of compounds, merely examples, synonyms, etc. The examiner recommends that Applicant amend claim 2 to remove the broader recitation of the classes of compounds and only recite the desired species, such as in instant claim 3; or amend the claim like follows: wherein the fungicides are selected from the group consisting of: agents acting on synthesis or metabolism of nucleic acid, selected from the group consisting of: A1) RNA polymerase I inhibitors, selected from the group consisting of benalaxyl, benalaxyl-M, furalaxyl, metalaxyl, metalaxyl-M, oxadixyl, and ofurace; A2) adenosine deaminase inhibitors, selected from the group consisting of bupirimate, dimethirimol, and ethirimol; A3) DNA/RNA biosynthesis inhibitors, selected from the group consisting of hymexazol and octhilinone; and A4) the DNA topoisomerase type II inhibitor oxolinic acid; agents acting on cytoskeletons and motor proteins, selected from the group consisting of… and unclassified agents, selected from the group consisting of mineral oils… the insecticides/acaricides are selected from the group consisting of: (1A) acetyl cholinesterase inhibitors, selected from the group consisting of alanycarb… Regarding claim 2, the phrase “including” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. For example, claim 2 recites “phosphorous acid and salts thereof (including potassium phosphite, calcium phosphite, aluminum phosphite, and sodium phosphite)”; “fungi of the genus Gliocladium including Gliocladium catenulatum”; “fungi of the genus Clonostachys including Clonostachys rosea”; “fungi of the genus Coniothyrium including Coniothyrium minitans”; “fungi of the genus Talaromyces including Talaromyces flavus”; “fungi of the genus Saccharomyces including Saccharomyces cerevisae”; “bacteria of the genus Bacillus including Bacillus amyloliquefaciens, Bacillus subtilis, and Bacillus simplex”; “bacteria of the genus Pseudomonas including Pseudomonas chlororaphis, Pseudomonas fluorescens, and Pseudomonoas rhodesiae”; “bacteria of the genus Streptomyces including Streptomyces griseovirides and Streptomyces lydicus”; “bacteria of the genus Agrobacterium including Agrobacterium radiobacter”; “bacteria of the genus Erwinia including nonpathogenic Erwinia carotovora subsp. carotovora”; “bacteria of the genus Variovorax including Variovorax paradoxus”; “bacteria of the genus Lactobacillus including Lactobacillus plantarum”. It is unclear whether the examples in the parenthesis following the term “including” are part of the claimed invention or merely examples. See MPEP § 2173.05(d). The examiner recommends deleting all examples, synonyms, acronyms, descriptors, etc. from the claims. Claim Rejections - 35 USC § 103 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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 1-5 are rejected under 35 U.S.C. 103 as being obvious over Teranishi et al. (WO 2021/085389 A1; English-language equivalent US 2024/0114908 A1 referred to herein). The applied reference has a common assignee and inventors with the instant application. Based upon the earlier effectively filed date of the reference, 18 October 2019, it constitutes prior art under 35 U.S.C. 102(a)(2). Teranishi et al. teach throughout the reference an agricultural and horticultural fungicide compositions comprising a 2,6-dioxo-3,6-dihydropyrimidine compound and may contain other ingredients including a fungicide, an insecticide/acaricide, a nematicide, a soil pesticide, a plant regulator, a synergist, a fertilizer, a soil conditioner, and an animal feed (Abstract; [0001], [0006], [0023], [0076]-[0078], [0658]-[0660], [0710], [0788], etc.; Claims 2, 5-8). Regarding claim 1, Teranishi et al. teach compounds of formula (I) PNG media_image1.png 184 150 media_image1.png Greyscale wherein the substituents A, Q and X1-X3 overlap with the instantly claimed compounds ([0007]-[0023], [0081], [0900]-[0901], [0904]-[0905]; Tables 2-3, 6-7; Claim 2). Teranishi et al. do not explicitly disclose compositions comprising a compound of formula (I) and at least one additional compound, as claimed in claim 1. However, Teranishi et al. teach that the compositions may contain other ingredients including a fungicide, an insecticide/acaricide, a nematicide, a soil pesticide, a plant regulator, a synergist, a fertilizer, a soil conditioner, and an animal feed ( [0658]-[0660], [0710], [0788], etc.). Therefore, it would have been prima facie obvious for a person of ordinary skill in the art prior to the effective filing date of the instant claims to prepare compositions according to Teranishi et al. comprising a compound of formula (I) and at least one component selected from the group consisting of a fungicide, an insecticide/acaricide, a nematicide, a soil pesticide, a plant regulator, a synergist, a fertilizer, a soil conditioner, and an animal feed. Such would have been obvious because Teranishi et al. teach that the compounds of formula (I) have efficacy as an agricultural and horticultural fungicide, and may be combined with additional active agents. Regarding claim 2, Teranishi et al. teach specific examples of fungicides, insecticides/acaricides, and nematicides that can be mixed with or used in combination with the agricultural and horticultural fungicide or the nematicide of the present invention ([0658]-[0789]). These actives overlap with the actives of claim 2. For example, claim 2 recites A1) RNA polymerase I inhibitors: benalaxyl, benalaxyl-M, furalaxyl, metalaxyl, metalaxyl-M, оxаdixyl, ofurace, and Teranishi et al. teach RNA polymerase I inhibitors: benalaxyl, benalaxyl-M, furalaxyl, metalaxyl, metalaxyl-M; оxаdixyl; clozylacon, ofurace ([0662]). Regarding claim 3, Teranishi et al. teach that the additional fungicides include thiophanate methyl ([0667]), triflumizole ([0692]), abamectin ([0728]), etc. A person of ordinary skill in the art would have been motivated to select the additional fungicides, insecticides/acaricides, and nematicides recited in claim 3 because Teranishi et al. teach that the additional active agent includes the recited compounds, and containing such other ingredients may cause a synergistic effect ([0658]). Regarding claim 4, Teranishi et al. teach that the agricultural and horticultural fungicide of the present invention contains at least one selected from the compound (II) and a salt thereof as an active ingredient. The amount of the compound (II) or a salt thereof included in the agricultural and horticultural fungicide of the present invention is not particularly limited as long as it shows the bactericidal effect ([0586], [0635], [0801]). Teranishi et al. teach that additional examples of the other ingredients can include a fungicide, an insecticide/acaricide, a nematicide, a soil pesticide, a plant regulator, a synergist, a fertilizer, a soil conditioner, and an animal feed that are conventionally known ([0658]). Therefore, it would have been prima facie obvious for a person of ordinary skill in the art prior to the effective filing date of the instant claims to determine through routine experimentation the effective ratio of the compound of formula (I) and at least one additional compound to control fungi, insects, acaricides and nematicides, as reasonably suggested by Teranishi et al. Regarding claim 5, Teranishi et al. teach the fungicide is for seed treatment ([0049], [0656]-[0657], [0913], [0916], [0919], etc.; Claim 6). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02. Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Bantle et al. (EP 0 748 800 A2). Bantle et al. teach throughout the reference α1-adrenergic receptor antagonists of formula I useful for the treatment of diseases involving directly or indirectly an obstruction of the lower urinary tract (Abstract; Claims 1-23). Regarding claim 1, Bantle et al. teach that the compound of formula I includes 1-benzyl-3-{3-[4-(2-methoxyphenyl)piperazin-1-yl]propyl}-5-hydroxyiminomethyl-2,4(1H,3H)-pyrimidinedione (pg. 39, Example 31): PNG media_image2.png 224 492 media_image2.png Greyscale Bantle et al. do not explicitly disclose compositions comprising the compound of formula I and at least one other component selected from the group consisting of a fungicide, an insecticide/acaricide, and a plant growth regulator, as in claim 1. However, Bantle et al. teach that the compounds of Formula I will be administered as pharmaceutical compositions and are comprised of, in general, a compound of Formula I in combination with at least one pharmaceutically acceptable excipient, such as mineral oil (pg. 7, ln. 15-28). Therefore, it would have been prima facie obvious for a person of ordinary skill in the art prior to the effective filing date of the instant claims to prepare compositions according to Bantle et al. comprising a compound of formula I, such as the compound of Example 31, and a liquid excipient, such as mineral oil. Such would have been obvious because Bantle et al. teach that compounds of formula I specifically include 1-benzyl-3-{3-[4-(2-methoxyphenyl)piperazin-1-yl]propyl}-5-hydroxyiminomethyl-2,4(1H,3H)-pyrimidinedione (Example 31), and the compounds of Formula I will be administered as pharmaceutical compositions in combination with at least one pharmaceutically acceptable excipient. Acceptable excipients are non-toxic, aid administration, and do not adversely affect the therapeutic benefit of the compound of Formula I. Such excipient may be any solid, liquid, semisolid or, in the case of an aerosol composition, gaseous excipient that is generally available to one of skill in the art. Liquid and semisolid excipients include mineral oil (pg. 7, ln. 15-26). Regarding claims 2-3, Bantle et al. teach that the excipients include mineral oil. Regarding claim 4, Bantle et al. teach that the amount of a compound of Formula I in the composition may vary widely depending upon the type of formulation, size of a unit dosage, kind of excipients and other factors known to those of skill in the art of pharmaceutical sciences. In general, the final composition will comprise from 0.000001%w to 10.0%w of the compound of Formula I, preferably 0.00001%w to 1.0%w, with the remainder being the excipient or excipients (pg. 7, ln. 33-36). Therefore, it would have been prima facie obvious for a person of ordinary skill in the art prior to the effective filing date of the instant claims to determine through routine experimentation the effective ratio of the compound of formula (I) and excipients, as reasonably suggested by Bantle et al. The examiner respectfully points out the following from MPEP 2144.05: “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 (“The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.”); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969); Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed.Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5-6 of copending Application No. 17/767,749 in view of Harriman et al. (WO 2013/071169 A1). The instant claims and the ‘749 Application both claim an agricultural and horticultural fungicide composition comprising a 2,6-dioxo-3,6-dihydropyrimide compound as the active ingredient. The ‘749 Application claims a compound according to formula (I): PNG media_image1.png 184 150 media_image1.png Greyscale wherein the substituents for A, Q and X1-X3 are the same as or overlap with the corresponding substituents in the instant claims. The ‘749 Application does not claim at least one additional active component selected from the group consisting of a fungicide, an insecticide/acaricide, and a plant growth regulator. Harriman et al. teach thienopyrimidine derivatives of formula (I) that are useful as fungicides ([00205]-[00209]). The thienopyrimidine derivatives are structurally similar to the instantly claimed compounds, wherein the pyrimidine ring of the instant claims is replaced with a thienopyrimidine ring. Harriman et al. teach that the compositions according to the invention can, in the use form as fungicides, also be present together with other active substances, e.g. with herbicides, insecticides, growth regulators, fungicides or else with fertilizers, as pre-mix or, if appropriate, not until immediately prior to use (tank mix). Mixing the compounds of formula I or the compositions comprising them in the use form as fungicides with other fungicides results in many cases in an expansion of the fungicidal spectrum of activity being obtained or in a prevention of fungicide resistance development. Furthermore, in many cases, synergistic effects are obtained ([00238]-[00239]). Therefore, it would have been prima facie obvious for a person of ordinary skill in the art prior to the effective filing date of the instant claims to prepare compositions according to the ‘749 Application claims further comprising an additional fungicide, insecticide/acaricide, or plant growth regulator in order to expand the fungicidal spectrum of activity being obtained or in a prevent fungicide resistance development, and possibly obtain synergistic effects, as reasonably suggested by Harriman et al. This is a provisional nonstatutory double patenting rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathan W Schlientz whose telephone number is (571)272-9924. The examiner can normally be reached 10:00 AM to 6:00 PM, Monday through Friday. 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, Sue Liu can be reached at (571) 272-5539. 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. /N.W.S/Examiner, Art Unit 1616 /Mina Haghighatian/Primary Examiner, Art Unit 1616
Read full office action

Prosecution Timeline

Oct 24, 2023
Application Filed
Dec 12, 2025
Non-Final Rejection — §103, §112, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
41%
Grant Probability
20%
With Interview (-20.6%)
3y 8m
Median Time to Grant
Low
PTA Risk
Based on 795 resolved cases by this examiner. Grant probability derived from career allow rate.

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