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
This application is a National Stage entry of PCT/EP2022/074086, filed 08/30/2022. PCT/EP2022/074086 Claims Foreign Priority to EP21193987.1, filed 08/31/2021.
Information Disclosure Statement
The IDS filed on 2/23/2024 has been considered. See the attached PTO 1449 form.
Election/Restrictions
Applicant's election with traverse of the compound I.35 found at page 188 in Table 1 of the specification, in the reply filed on 3/5/2026 is acknowledged. Upon further search and consideration, the election of species requirement is withdrawn because the claimed compound of formula (I) is not taught in the prior art and as such, unity of invention exists.
Claim Status
Receipt of Remarks filed on 3/5/2026 is acknowledged. Claims 1-18 and 20 are currently pending and under examination.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 3, after the structure of formula (I), the recitation “wherein substituents have” should recite “wherein the substituents have”.
In claim 1, line 2 of R2 description, the recitation “where aliphatic or cycloaliphatic” should recite “where the aliphatic or cycloaliphatic”.
In claim 1, line 8 of Z description, the recitation “PORfRf, and C(Rb)=NORe,” should delete the conjunction “and” as it is unnecessary here and grammatically improper.
In claim 1, line 3 of Rd description, the recitation “where aliphatic, cycloaliphatic” should recite “where the aliphatic, cycloaliphatic”.
In claim 1, line 2-3 of Rh description, the recitation “where aliphatic or cycloaliphatic” should recite “where the aliphatic or cycloaliphatic”.
In claim 1, in the second last line, the period after “or 8” should be deleted and replaced with comma or semicolon because as per MPEP 608.01(m): Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations.
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.
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.
Claim 18 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.
Claim 18 recites the limitation “comprising a further herbicide”. There is insufficient antecedent basis for this limitation in the claim because the previous claims do not recite the composition comprises and herbicide or specify which component/compound is a herbicide. Thus, the limitation above in claim 18 makes is unclear as to which component a herbicide component. The examiner recommends that Applicant amend the claims to specify that the compound of formula (I) is an herbicidal compound.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 87/05898 (cited in IDS) broadly discloses the claimed compound, which would require much picking and choosing of the claimed substituents from very extensive list of substituents.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALI SAEED whose telephone number is (571)272-2371. The examiner can normally be reached M-F 8-5 EST.
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, SUE X LIU can be reached at 5712725539. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALI S SAEED/Examiner, Art Unit 1616
Prosecution Insights