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 .
Claims 1 and 6-20 are pending in the application.
This action is in response to applicants' amendment dated May 11, 2026. Claims 1 and 6-20 have been amended and claims 2-5 have been canceled.
Response to Amendment
Applicant's arguments filed May 11, 2026 have been fully considered with the following effect:
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections, labeled paragraph 1b), c), d), e), f), g), h), i), j) and l) in the last office action, which are hereby withdrawn. However, with regards to the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections, labeled paragraph 1a) and k) of the last office action, the applicant’s amendments and remarks have been fully considered but they are not persuasive.
a) The applicants’ stated that they have updated formula (I), however, formula (Ia) (Ib), (Iaa), (Iba), (Iab) and (Ibb) where the variables are defined in claim 1 with superscripts but each of these formulae have variables with subscripts.
Claims 18-20 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 applicant regards as the invention, for reasons of record and stated above.
k) The applicants’ stated that they have amended claim 17 to recite “R3 is a radical of formula R5R6R7C”, however, the definition of R3 in claim 1 from which claim 17 depends is C2-C6-alkyl, unsubstituted or C1-C6-alkyl-substituted benzyl.
Claim 17 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 applicant regards as the invention, for reasons of record and stated above.
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 102(a)(1), anticipation rejection, labeled paragraph 2) in the last office action, which is hereby withdrawn.
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 102(a)(1), anticipation rejection, labeled paragraph 3) in the last office action, which is hereby withdrawn.
The applicant's filing of a terminal disclaimer is sufficient to overcome the provisional nonstatutory double patenting rejection, labeled paragraph 4) in the last office action, which is hereby withdrawn.
The applicant's filing of a terminal disclaimer is sufficient to overcome the provisional nonstatutory double patenting rejection, labeled paragraph 5) in the last office action, which is hereby withdrawn.
Allowable Subject Matter
Claims 1 and 6-16 are allowed. None of the prior art of record nor a search in the pertinent art area teaches the process of preparing the isooxazoline carboxylic acid compounds of formula (I) as claimed herein.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDA L COLEMAN whose telephone number is (571)272-0665. The examiner can normally be reached Mon-Fri 10-6 (flex).
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, Jeffrey H. Murray can be reached at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDA L COLEMAN/Primary Examiner, Art Unit 1624
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