Prosecution Insights
Last updated: October 01, 2026
Application No. 18/689,708

SUBSTITUTED 2,3-DIHYDRO[1,3]THIAZOLO[4,5-B]PYRIDINES, SALTS THEREOF AND THEIR USE AS HERBICIDALLY ACTIVE SUBSTANCES

Non-Final OA §101§112
Filed
Mar 06, 2024
Priority
Sep 07, 2021 — EU 21195216.3 +1 more
Examiner
ROZOF, TIMOTHY R
Art Unit
1625
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Bayer Aktiengesellschaft
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
707 granted / 972 resolved
+12.7% vs TC avg
Strong +24% interview lift
Without
With
+23.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
49 currently pending
Career history
998
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
21.1%
-18.9% vs TC avg
§102
33.2%
-6.8% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 972 resolved cases

Office Action

§101 §112
CTNF 18/689,708 CTNF 87072 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION This is a response to Applicant’s communication filed on March 6, 2024. Application No. 18/689,708, is a 371 of PCT/EP2022/074486, filed September 2, 2022, and claims foreign priority to European Patent application No. EP 21195216.3, filed September 7, 2021. Claims 1-12 are pending. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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. Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to nonstatutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter. See MPEP 2173.05(q) “Use” Claims. “Use” claims that do not purport to claim a process, machine, manufacture, or composition of matter fail to comply with 35 U.S.C. 101. 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. Claim 9 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claims 15-19 are drawn to Non-Statutory “use” claims and are indefinite for failing to provide a “step” of utilizing. See MPEP 2173.05(q) “Use” Claims. Conclusion Claims 1-8 and 10-12 are allowable. 12-151-07 AIA 07-97 12-51-07 Claim 9 is not allowed. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached Monday - Friday, 9:00 a.m. -5:00 p.m.. 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, Andrew Kosar can be reached at (571) 272-0913. 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. /TIMOTHY R ROZOF/Primary Examiner, Art Unit 1625 Application/Control Number: 18/689,708 Page 2 Art Unit: 1625 Application/Control Number: 18/689,708 Page 3 Art Unit: 1625 Application/Control Number: 18/689,708 Page 4 Art Unit: 1625
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Prosecution Timeline

Mar 06, 2024
Application Filed
Mar 24, 2026
Examiner Interview (Telephonic)
Mar 26, 2026
Non-Final Rejection mailed — §101, §112
Sep 29, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
96%
With Interview (+23.6%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 972 resolved cases by this examiner. Grant probability derived from career allowance rate.

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