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 .
Status of the Claims
Claims 1-10 are pending as filed 5/1/2024.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the “use” claims do not set fort steps involved in any claimed process. While independent claims 1, 4, and 7 recite an intended use of the “use” claim and effects of a referenced use process, the claims do not purport to claim a process, machine, manufacture, or composition and therefore fails to comply with 35 U.S.C. 101. The claims fail to recite steps and otherwise fail to recite a claim within one of the statutory classes of 35 U.S.C. 101. Claims depending from rejected base claims are also rejected here.
Claim Rejections - 35 USC § 112(b)
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 1-10 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. The claims do not recite steps in a method of making and/or using a product but rather recite intended use and/or effects of performing steps not recited in the claims; accordingly, it is unclear what exactly are the metes and bounds of the ‘use” claim which is interpreted as a method of making but lacking active steps which comprise the method. Limitations are not imported from the specification as filed into the claims. Appropriate clarification is required.
Conclusion
No claim is allowed at this time.
The prior art does not reasonably suggest the application of a higher aliphatic alcohol particularly to Solanaceae plants in methods of use as generally described in the instant specification as filed. CN109769550A constitutes near art for its teaching of insecticide application of dodecanol, emulsifying agent, water, and lauryl alcohol to plants, however it teaches no rationale for the combining its teaching as a whole with a method of application to particular plants or any association with chemical phosphatidylcholine components instantly recited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREA B CONIGLIO whose telephone number is (571)270-1336. The examiner can normally be reached Monday - Thursday 7:00 a.m. - 5:30 p.m..
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/AUDREA B CONIGLIO/ Primary Examiner, Art Unit 1617
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