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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Watson et al. (US Patent No. 20130317068).
Regarding claims 1-3 and 9, Watson teaches a method to control pests, such as insects and mites that cause losses in agriculture and are resistant to insecticides and miticides, by administration of a substituted 1,2,4-triazole compound represented by
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(para. 0003-0005). Of the above compound Z is a pyridyl substituted with at least one halogens or alkyl, X is an alkyl, Y is
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wherein R2-R4 is hydrogen, alkyl or halogen (relevant to claim 9) (para. 0009-0010). In a particular embodiments Watson teaches compounds
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(relevant to claims 1-3) (Table 1).
Claim 10 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Vourloumis et al. (US Patent No. 20050075375).
Regarding claim 10, Vourlouis teaches heterocyclic compounds comprising compound
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and Ring B is
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(para. 0018), which reads to claim limitation of R41 as C1-C6 carbon chain substituted with one or more halogen, R42 is H, R43, R44, R45, R47 is H and R46 as a halogen.
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.
Claims 1, 3-5 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama et al. (US Patent No. 20170223958).
Regarding claims 1 and 3-5, Aoyama teaches a method for controlling harmful organisms of insecticides and acaricidal that are resistant by administration of a diarylimidazole compound of formula 1
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and formula IV
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or salt thereof (para. 0006, 0020, 0091). Of the resistant insecticides Aoyama teaches hemiptera pest (relevant to claim 14) (para. 0208) and pest belonging to the Aleyrodidae and Aphididae family (relevant to claim 15) (para. 0222-0223). Of the above compounds B2 is N and B1 and B3-B4 is CH, R1 is a halogen, hydroxy, cyano, substituted or unsubstituted C1-C6 alkyl, R2 is substituted or unsubstituted C1-C6 alkyl, R3 is hydrogen or substituted or unsubstituted C1-C6 alkyl, m and n is 0, Ar is an C6-C10 aryl (relevant to claim 1) (para. 0009-0017). The above compound IV reads to Q1 of claimed invention of A1 as CH, A2 as n-methyl and A3 as n (relevant to claim 3).
Therefore, it would have been obvious to someone of ordinary skill in the art at the time of filing to have developed the compound with Q2 of claimed invention by the teachings of Aoyama. One would have been motivated to do so from the teachings of Aoyama of
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wherein the N with the O attachment is a positional isomer thus would possess similar properties of the claimed invention as per MPEP 2144.09 (II): Compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) or homologs (compounds differing regularly by the successive addition of the same chemical group, e.g., by -CH2- groups) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. In re Wilder, 563 F.2d 457, 195 USPQ 426 (CCPA 1977).
Claims 6-7, 11-13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara (JP 2002114783 A).
Regarding claims 6-7, 11-13 and 16-18, Fujiwara teaches a method for controlling insecticides and acaricidal that are resistant comprising a composition of
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mixed or used in combination with other insecticides, nematicides, acaricides, fungicides and liquid carrier (relevant to claims 11-13 and 17) (Page 1- 5). Of the above compound Fujiwara teaches R1 represents a halogen atom, R2 represents a hydrogen atom or a halogen atom, and R3- R7 each independently represents a hydrogen atom, a halogen atom, a cyano group, a nitro group, a C1-C6 alkyl group optionally substituted with a halogen atom or a C1-C6 alkoxy group optionally substituted with a halogen atom.
Therefore, it would have been obvious to someone of ordinary skill in the art to have developed the compounds of claims 6-7 of claimed invention and administer it on a seed from the teachings of Fujiwara. One would have been motivated to do so from the teachings of Fujiwara of
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with the above substitutions would fall into the limitations of the claim invention. One would also administer the composition on a seed as it is known in the art coating seeds before planting is a widespread practice meant to control pests on agriculture.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bakker et al. (WO 2022180080 A1, published 09/01/2022 with a priority date of 02/26/2021).
Regarding claim 8, Bakker teaches formula (I)
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, in which in preferred embodiment A is a heteroaryl selected from quinoline, pyridine, pyrimidine, pyrazine and pyridazine substituted with one or more substituents selected from S(O)2RA wherein RA is substituted or unsubstituted C1-C6 alkyl and halogen (Pages 5-6). X and Y is C and R1-R5 is selected from H, halogen and substituted or unsubstituted C1-C6 alkyl (Page 5).
Therefore, it would have been obvious to someone of ordinary skill in the art at the time of filing to have developed compound
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of claimed invention with its limitations from the teachings of Bakker. One would have been motivated to do so from the teachings of Bakker of compound
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with the above substitutions would fall within the claimed limitations of compound
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.
Conclusion
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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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