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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 6, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Compound A3 methyl{[5-(4-chloro-2-fluorophenyl)-1-(2,4-difluorophenyl)-1H-1,2,4-triazol-3-yl]oxy}acetate and Component B1.8 pinoxaden in the reply filed on January 23, 2026 is acknowledged.
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Claim Status
Claims 1 – 9 are examined here-in.
Claim Objections
Claims 1 and 3 are objected to because of the following informalities:
For claim 1, on page 17, the phrase “is selected form” should be “is selected from”.
For claim 1, on page 18, there are two instances where the phrase “is selected form” should be “is selected from”.
For claim 3, there are several instances where commas are omitted or periods are present. For example, “pinoxaden” is not followed by a comma. In another example the compound (B2.92) is followed by a period. According to MPEP 608.01(m), periods should only be used at the end of a claim. The recitation for topramezone, trifluralin, picloram, and isoproturon are additional examples of incorrect punctuation use. There should also be an article “and” or “or” between the second-to-last and last components of the list.
Various informalities appear throughout the claim set and Applicant is requested to carefully review and revise the claims as appropriate. The specific instances highlighted supra are merely exemplary and should not be taken to represent a comprehensive list. 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.
Claims 1 – 9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
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 1 recites the broad recitation “alloxydim”, followed by two CAS numbers which is the narrower statement of the range/limitation. The claims are 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 claims. Each recitation of herbicide followed by one or more parenthetical CAS numbers includes this indefiniteness. See MPEP 2173.05(c)(i) and 2173.05(d).
Closest Prior Art
Bohner (US 5,077,413) teaches 1,5-diphenyl-1,2,4-triazole-3 carboxylic acid derivatives for the protection of plants from herbicides (title, abstract). Bohner’s structure overlaps with the instantly claimed A3, as shown with the yellow highlights, however, Bohner does not teach or suggest an ether linkage between the five-membered ring and the carboxylic acid (Table 2) or the combination of such a compound with a 1,3-diketo herbicide.
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Since a composition comprising a compound A3 (elected compound of formula I) and pinoxaden (elected compound B) appears to be free of prior art, the Examiner has extended the search an examination to non-elected species A1, which is listed on page 19 of the instant claims and on page 22 of the instant specification. See MPEP 803.02(III)(C)(2).
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Bohner appears to be the closest prior art for un-elected compound of formula I, A1. Bohner’s structure overlaps with the instantly claimed structure A1 as shown with the yellow highlights above. As in the case of compound A3, Bohner does not teach or suggest an ether linkage between the five-membered ring and the carboxylic acid (Table 2) or the combination of such a compound with a 1,3-diketo herbicide.
Notably, the herbicidal compounds of group B recited in instant claims 1, 3, and 4 are known compounds. However, the combination of a compound according to formula I and a further active compound is not taught in the in the prior art, because compounds of formula I, such as A3 and A1 do not appear in the prior art.
Conclusion
All claims are rejected. No claims are allowed.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Toriana N. Vigil whose telephone number is (571)270-7549. The examiner can normally be reached Monday - Friday 9:00 a.m. - 5:00 p.m. EST.
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/TORIANA N. VIGIL/Examiner, Art Unit 1612
/SAHANA S KAUP/Supervisory Primary Examiner, Art Unit 1612