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 .
Priority
The present application claims priority to the applications: EP21192612.6, EP21215023.9, EP21210113.3, EP21192611.8, and PCT/EP2022/072642 with the effective filing dates of 23 Aug 2021, 16 Dec 2021, 24 Nov 2021, 23 Aug 2021, and 12 Aug 2022, respectively.
Claim Status
This Office Action is in response to Applicant’s Response to Restriction Requirement filed, 5 June 2026.
Applicant’s election with traverse of Group I (claims 1-10, 12-13, and 16) and species Compound I-1 (
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) in the reply filed on 5 June 2026 is acknowledged.
The traversal is on the ground that claims of different categories with common special technical features do not lack unity. Applicant further asserts that lack of unity exists only if a common technical feature lacks novelty or is obvious. Additionally, Applicant argues that unity of invention is evidenced by the International Search Report in which all the claims were searched.
However, this is not persuasive, because the Examiner showed that the inventions have different technical features due to different core structures as stated in the Restriction Requirement mailed 13 April 2026. Accordingly, the groups do not relate to a single general inventive concept and thus lack unity. Additionally, while the International Searching Authority may not require a restriction, the Examiner may make a lack of unity requirement in a national stage application even if no such requirement was made by the ISA or IPEA. See MPEP 1893.03(d). Accordingly, the requirement is still deemed proper and is therefore made FINAL.
Claims 1-17 are pending.
Claims 11, 14-15, and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group (Group II: claim 11; Group III: claim 14; Group IV: claim 15; Group V: claim 17), there being no allowable generic or linking claim.
Claim 2 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claim 2 specifies that R11 is CN, NO2, NR12R13, C(O)NH2, C(S)NH2, C(O)OH, OR14, Si(CH3)3, C1-6 alkyl, C1-6 haloalkyl, C2-6 alkenyl, C2-6 haloalkenyl, C2-6 alkynyl, C2-6 haloalkynyl, C3-4 cycloalkyl-C1-2 alkyl, 3-6-membered heterocyclyl, 5- or 6-membered heteroaryl, or phenyl, which does not read on the elected species.
Claims 1, 3-10, 12-13, and 16 are under consideration in the instant office action.
Information Disclosure Statement
The Information Disclosure Statements 16 Feb 2024 and 8 Mar 2024 and the references cited therein have been considered, unless indicated otherwise.
Claim Interpretation
The Examiner notes that the R3 of claim 1 includes OR14, which may be substituted with R3a, which may be C1-C4 haloalkyl. Accordingly, R3 of claim 1 includes C1-4 haloalkoxy.
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.
1. Claim 10 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 as evidenced by Merriam-Webster (“Mainly,” Merriam- Webster, 2026, <www.merriam-webster.com/dictionary/mainly>, accessed 28 April 2026).
Claim 10 recites a compound of Formula (I) according to claim 1, which is “mainly isomer I.A.” The term “mainly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. According to Merriam-Webster, “mainly” is defined as “for the most part” (page 1), which evidences that “mainly” is a somewhat ambiguous term and is up to interpretation. Accordingly, it is ambiguous as to which exact percentages of isomer I.A Applicant considers part of the claimed invention and what degree of similarity would infringe.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
2. Claim(s) 1, 3-10, 12-13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Schaetzer (WO 2020/208036, filed 7 Apr 2020, see IDS filed 8 Mar 2024) in view of Korber (WO 2016/062680, published 28 Apr 2016).
Schaetzer teaches insecticidally active diazine-amide compounds (page 1, lines 1-4). Schaetzer teaches that the compounds therein are useful for controlling animal pests, including anthropods, and in particular insects or representatives of the order Acarina (page 1, lines 1-4). Schaetzer teaches Compound P24:
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(page 104), which Schaetzer teaches has activity against Diabrotica balteata, Euschistus heros, Chilo suppressalis, Plutella xylostella, and Spodoptera littoralis (Example B1-B2, B4-B5, B7-B8, and B10; pages 138-141).
Regarding claim 1, Schaetzer does not teach
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Korber teaches N-acylimino heterocyclic compounds for combating invertebrate pests (page 1, lines 3-6). Korber teaches that invertebrate pests, such as insects, acaridae, and nematode pests, destroy growing and harvested crops and attack wooden dwellings and commercial structures, which causes large economic loss to the food supply and to property (page 1, lines 12-14). Additionally, Korber teaches that there is a need to develop new pesticidal agents due to development of resistance and that animal pests such as insects and acaridae are difficult to effective control (page 1, lines 14-17). Korber teaches Examples 3 and 4, which incorporate the methyl oxime:
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, wherein R3 and R4 are both methyl (page 180). Korber also teaches other methyl oxime compounds, such as Compound I.2-2:
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, wherein the Het is 6-chloro-3-pyridyl, R4 is methyl, Rv5 is H, Rv4 is H, X is S, and R3 is methyl (page 244). Korber teaches that Compound I.2-2 has activity against Myzus persicae, Megoura viciae, Dichromothrips corbetti, Nephotettix virescens, and Anthonomus grandis (Examples B1-B2, B5-B6, and B8, page 246-249).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instantly claimed invention to modify Compound P24 of Schaetzer to incorporate the methyl oxime of Korber to combat resistance and more effectively control animal pests such as insects and acaridae. One of ordinary skill in the art would have been motivated to make such a selection, with a reasonable expectation of success, because:
-Schaetzer teaches insecticidally active diazine-amide compounds,
-Schaetzer teaches that the compounds therein are useful for controlling animal pests, including anthropods, and in particular insects or representatives of the order Acarina,
-Schaetzer teaches Compound P24:
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, which Schaetzer teaches has activity against Diabrotica balteata, Euschistus heros, Chilo suppressalis, Plutella xylostella, and Spodoptera littoralis,
-Korber teaches N-acylimino heterocyclic compounds for combating invertebrate pests,
-Korber teaches that invertebrate pests, such as insects, acaridae, and nematode pests, destroy growing and harvested crops and attack wooden dwellings and commercial structures, which causes large economic loss to the food supply and to property,
-Korber teaches that there is a need to develop new pesticidal agents due to development of resistance and that animal pests such as insects and acaridae are difficult to effective control,
-Korber teaches Examples 3 and 4, which incorporate the methyl oxime:
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, wherein R3 and R4 are both methyl,
-Korber also teaches other methyl oxime compounds, such as Compound I.2-2:
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, wherein the Het is 6-chloro-3-pyridyl, R4 is methyl, Rv5 is H, Rv4 is H, X is S, and R3 is methyl, and
-Korber teaches that Compound I.2-2 has activity against Myzus persicae, Megoura viciae, Dichromothrips corbetti, Nephotettix virescens, and Anthonomus grandis.
Accordingly, the combination of Schaetzer and Korber teaches Compound I-1:
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.
Regarding claim 3, Schaetzer teaches Compound P24:
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(page 104), wherein R1 is H.
Regarding claim 4, Schaetzer teaches Compound P24:
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(page 104), wherein R2 is methyl.
Regarding claim 5, Schaetzer teaches Compound P24:
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(page 104), wherein R3 is C1-4 haloalkyl.
Regarding claim 6, Schaetzer teaches Compound P24:
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(page 104), wherein n is 2 and R3 is in positions 3 and 5.
Regarding claim 7, Schaetzer teaches Compound P24:
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(page 104), wherein Q is CH.
Regarding claim 8, Korber also teaches Compound I.2-2:
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, in which R3 and R4 are methyl (page 244), wherein R4 is methyl.
Regarding claim 9, Korber also teaches Compound I.2-2:
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(in which R3 and R4 are methyl; page 244), wherein R5 is OMe.
Regarding claim 10, Schaetzer teaches Compound P24:
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(page 104), wherein R1 is H, R2 is methyl, R3 is trifluoromethyl, n is 2, and the phenyl is substituted at the 3- and 5-positions. Additionally, Korber also teaches Compound I.2-2:
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(in which R3 and R4 are methyl; page 244), wherein R4 is methyl and R5 is OMe. Thus, the combination of Schaetzer and Korber teaches a compound of isomer I.A.
Regarding claim 12, Korber teaches an agricultural or veterinary composition and at least one agriculturally or veterinarily acceptable salt and at least one inert liquid and/or solid agriculturally or veterinarily acceptable carrier (page 38, lines 12-14; page 198, lines 30-33).
Regarding claim 13, Korber teaches an agricultural composition for combating animal pests with at least one inert liquid and/or solid acceptable carrier and at least one surfactant (page 198, lines 30-33).
Regarding claim 16, Korber teaches a seed having an amount of compound from 0.1 g – 10 kg per 100 kg of seed (page 216, lines 38-39; page 217, lines 4-6).
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.
3. Claim 1, 3-10, 12-13, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-7, 10, 12-13, and 16 of copending Application No. 18/685,544 in view of Korber (WO 2016/062680, published 28 Apr 2016)
This is a provisional nonstatutory double patenting rejection.
U.S. Application No. 18/685,544 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH (claims 1, 3-7, and 10). Additionally, ‘544 claims an agricultural or veterinary composition with at least one agriculturally or veterinarily acceptable salt and at least one inert liquid and/or solid agriculturally or veterinarily acceptable carrier (claim 12). ‘544 also claims an agricultural composition for combating animal pests with at least one inert liquid and/or solid acceptable carrier and at least one surfactant (claim 13). ‘544 further claims a seed having an amount of a compound of claim 1 from 0.1 g – 10 kg per 100 kg of seed (claim 16).
Regarding claim 1, ‘544 fails to teach does not teach
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Korber teaches N-acylimino heterocyclic compounds for combating invertebrate pests (page 1, lines 3-6). Korber teaches that invertebrate pests, such as insects, acaridae, and nematode pests, destroy growing and harvested crops and attack wooden dwellings and commercial structures, which causes large economic loss to the food supply and to property (page 1, lines 12-14). Additionally, Korber teaches that there is a need to develop new pesticidal agents due to development of resistance and that animal pests such as insects and acaridae are difficult to effective control (page 1, lines 14-17). Korber teaches Examples 3 and 4, which incorporate the methyl oxime:
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, wherein R3 and R4 are both methyl (page 180). Korber also teaches other methyl oxime compounds, such as Compound I.2-2:
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, wherein the Het is 6-chloro-3-pyridyl, R4 is methyl, Rv5 is H, Rv4 is H, X is S, and R3 is methyl (page 244). Korber teaches that Compound I.2-2 has activity against Myzus persicae, Megoura viciae, Dichromothrips corbetti, Nephotettix virescens, and Anthonomus grandis (Examples B1-B2, B5-B6, and B8, page 246-249).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instantly claimed invention to modify a compound of ‘544 to incorporate the methyl oxime of Korber to combat resistance and more effectively control animal pests such as insects and acaridae. One of ordinary skill in the art would have been motivated to make such a selection, with a reasonable expectation of success, because:
-‘544 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH,
-‘544 claims an agricultural or veterinary composition with at least one agriculturally or veterinarily acceptable salt and at least one inert liquid and/or solid agriculturally or veterinarily acceptable carrier,
-‘544 claims an agricultural composition for combating animal pests with at least one inert liquid and/or solid acceptable carrier and at least one surfactant,
-‘544 claims a seed having an amount of a compound of claim 1 from 0.1 g – 10 kg per 100 kg of seed,
-Korber teaches N-acylimino heterocyclic compounds for combating invertebrate pests,
-Korber teaches that invertebrate pests, such as insects, acaridae, and nematode pests, destroy growing and harvested crops and attack wooden dwellings and commercial structures, which causes large economic loss to the food supply and to property,
-Korber teaches that there is a need to develop new pesticidal agents due to development of resistance and that animal pests such as insects and acaridae are difficult to effective control,
-Korber teaches Examples 3 and 4, which incorporate the methyl oxime:
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, wherein R3 and R4 are both methyl,
-Korber also teaches other methyl oxime compounds, such as Compound I.2-2:
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, wherein the Het is 6-chloro-3-pyridyl, R4 is methyl, Rv5 is H, Rv4 is H, X is S, and R3 is methyl, and
-Korber teaches that Compound I.2-2 has activity against Myzus persicae, Megoura viciae, Dichromothrips corbetti, Nephotettix virescens, and Anthonomus grandis.
Accordingly, the combination of ‘544 and Korber teaches Compound I-1:
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.
Regarding claim 3, ‘544 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH (claim 1 and 3), wherein R1 is H.
Regarding claim 4, ‘544 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH (claim 1 and 4), wherein R2 is methyl.
Regarding claim 5, ‘544 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH (claim 1 and 5), wherein R3 is C1-4 haloalkyl.
Regarding claim 6, ‘544 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH (claim 1 and 6), wherein n is 2 and R3 is in positions 3 and 5.
Regarding claim 7, ‘544 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH (claim 1 and 7), wherein Q is CH.
Regarding claim 8, Korber also teaches Compound I.2-2:
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, in which R3 and R4 are methyl (page 244), wherein R4 is methyl.
Regarding claim 9, Korber also teaches Compound I.2-2:
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, in which R3 and R4 are methyl (page 244), wherein R5 is OMe.
Regarding claim 10, ‘544 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH and further specifies the formula:
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(claim 1 and 10-11), Additionally, Korber also teaches Compound I.2-2:
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(in which R3 and R4 are methyl; page 244), wherein R4 is methyl and R5 is OMe. Thus, the combination of ‘544 and Korber teaches a compound of isomer I.A.
Regarding claim 12, ‘544 claims an agricultural or veterinary composition and at least one agriculturally or veterinarily acceptable salt and at least one inert liquid and/or solid agriculturally or veterinarily acceptable carrier (claim 12).
Regarding claim 13, ‘544 claims an agricultural composition for combating animal pests with at least one inert liquid and/or solid acceptable carrier and at least one surfactant (claim 13).
Regarding claim 16, ‘544 claims a seed having an amount of compound from 0.1 g – 10 kg per 100 kg of seed (claim 16).
4. Claim 1, 3-10, 12-13, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-7, 9-12, 14-15, and 18 of copending Application No. 18/692,440 in view of Korber (WO 2016/062680, published 28 Apr 2016)
This is a provisional nonstatutory double patenting rejection.
U.S. Application No. 18/692,440 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, X can be CH, Q1 can be N, Q2 can be CH, and Q can be CH (claim 1). Additionally, ‘440 claims an agricultural or veterinary composition with at least one agriculturally or veterinarily acceptable salt and at least one inert liquid and/or solid agriculturally or veterinarily acceptable carrier (claim 14). ‘440 also claims an agricultural composition for combating animal pests with at least one inert liquid and/or solid acceptable carrier and at least one surfactant (claim 15). ‘440 further claims a seed having an amount of a compound of claim 1 from 0.1 g – 10 kg per 100 kg of seed (claim 18).
Regarding claim 1, ‘440 fails to teach does not teach
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Korber teaches N-acylimino heterocyclic compounds for combating invertebrate pests (page 1, lines 3-6). Korber teaches that invertebrate pests, such as insects, acaridae, and nematode pests, destroy growing and harvested crops and attack wooden dwellings and commercial structures, which causes large economic loss to the food supply and to property (page 1, lines 12-14). Additionally, Korber teaches that there is a need to develop new pesticidal agents due to development of resistance and that animal pests such as insects and acaridae are difficult to effective control (page 1, lines 14-17). Korber teaches Examples 3 and 4, which incorporate the methyl oxime:
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, wherein R3 and R4 are both methyl (page 180). Korber also teaches other methyl oxime compounds, such as Compound I.2-2:
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, wherein the Het is 6-chloro-3-pyridyl, R4 is methyl, Rv5 is H, Rv4 is H, X is S, and R3 is methyl (page 244). Korber teaches that Compound I.2-2 has activity against Myzus persicae, Megoura viciae, Dichromothrips corbetti, Nephotettix virescens, and Anthonomus grandis (Examples B1-B2, B5-B6, and B8, page 246-249).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instantly claimed invention to modify a compound of ‘440 to incorporate the methyl oxime of Korber to combat resistance and more effectively control animal pests such as insects and acaridae. One of ordinary skill in the art would have been motivated to make such a selection, with a reasonable expectation of success, because:
-‘440 claims compounds of general formula:
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, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, X can be CH, Q1 can be N, Q2 can be CH, and Q can be CH,
-‘440 claims an agricultural or veterinary composition with at least one agriculturally or veterinarily acceptable salt and at least one inert liquid and/or solid agriculturally or veterinarily acceptable carrier,
-‘440 claims an agricultural composition for combating animal pests with at least one inert liquid and/or solid acceptable carrier and at least one surfactant,
-‘440 claims a seed having an amount of a compound of claim 1 from 0.1 g – 10 kg per 100 kg of seed,
-Korber teaches N-acylimino heterocyclic compounds for combating invertebrate pests,
-Korber teaches that invertebrate pests, such as insects, acaridae, and nematode pests, destroy growing and harvested crops and attack wooden dwellings and commercial structures, which causes large economic loss to the food supply and to property,
-Korber teaches that there is a need to develop new pesticidal agents due to development of resistance and that animal pests such as insects and acaridae are difficult to effective control,
-Korber teaches Examples 3 and 4, which incorporate the methyl oxime:
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, wherein R3 and R4 are both methyl,
-Korber also teaches other methyl oxime compounds, such as Compound I.2-2:
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173
245
media_image4.png
Greyscale
, wherein the Het is 6-chloro-3-pyridyl, R4 is methyl, Rv5 is H, Rv4 is H, X is S, and R3 is methyl, and
-Korber teaches that Compound I.2-2 has activity against Myzus persicae, Megoura viciae, Dichromothrips corbetti, Nephotettix virescens, and Anthonomus grandis.
Accordingly, the combination of ‘440 and Korber teaches Compound I-1:
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250
468
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Greyscale
.
Regarding claim 3, ‘440 claims compounds of general formula:
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119
199
media_image7.png
Greyscale
, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, X can be CH, Q1 can be N, Q2 can be CH, and Q can be CH (claim 1 and 3), wherein R1 is H.
Regarding claim 4, ‘440 claims compounds of general formula:
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119
199
media_image7.png
Greyscale
, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, X can be CH, Q1 can be N, Q2 can be CH, and Q can be CH (claim 1 and 4), wherein R2 is methyl.
Regarding claim 5, ‘440 claims compounds of general formula:
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media_image7.png
119
199
media_image7.png
Greyscale
, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, X can be CH, Q1 can be N, Q2 can be CH, and Q can be CH (claim 1 and 5), wherein R3 is C1-4 haloalkyl.
Regarding claim 6, ‘440 claims compounds of general formula:
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media_image7.png
119
199
media_image7.png
Greyscale
, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, X can be CH, Q1 can be N, Q2 can be CH, and Q can be CH (claim 1 and 6), wherein n is 2 and R3 is in positions 3 and 5.
Regarding claim 7, ‘440 claims compounds of general formula:
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media_image7.png
119
199
media_image7.png
Greyscale
, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, X can be CH, Q1 can be N, Q2 can be CH, and Q can be CH (claim 1 and 7), wherein Q is CH.
Regarding claim 8, Korber also teaches Compound I.2-2:
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173
245
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, in which R3 and R4 are methyl (page 244), wherein R4 is methyl.
Regarding claim 9, Korber also teaches Compound I.2-2:
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173
245
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, in which R3 and R4 are methyl (page 244), wherein R5 is OMe.
Regarding claim 10, ‘440 claims compounds of general formula:
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273
456
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Greyscale
, wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, X can be CH, Q1 can be N, Q2 can be CH, and Q can be CH (claim 1 and 3)wherein R1 can be H, R2 can be C1-3 alkyl, R3 can be C1-6 haloalkyl, n can be 2, and X can be CH and further specifies the formula:
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120
193
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Greyscale
(claim 1 and 10-12). Additionally, Korber also teaches Compound I.2-2:
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173
245
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(in which R3 and R4 are methyl; page 244), wherein R4 is methyl and R5 is OMe. Thus, the combination of ‘440 and Korber teaches a compound of isomer I.A.
Regarding claim 12, ‘440 claims an agricultural or veterinary composition and at least one agriculturally or veterinarily acceptable salt and at least one inert liquid and/or solid agriculturally or veterinarily acceptable carrier (claim 14).
Regarding claim 13, ‘440 claims an agricultural composition for combating animal pests with at least one inert liquid and/or solid acceptable carrier and at least one surfactant (claim 15).
Regarding claim 16, ‘440 claims a seed having an amount of compound from 0.1 g – 10 kg per 100 kg of seed (claim 18).
Conclusion
No claim is allowed.
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/MADELINE M. DEKARSKE/Examiner, Art Unit 1622
/JAMES H ALSTRUM-ACEVEDO/Supervisory Patent Examiner, Art Unit 1622
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