DETAILED ACTION
This office action is in response to the Applicant’s filing dated May 23rd, 2024.
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 371 of PCT/IN2022/051018 filed on November 22nd, 2022; and claims benefit of foreign priority of IN202141054091 filed on November 24th, 2021. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Claims 1-4 are pending in the instant application.
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.
Claim 4 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.
Regarding claim 4, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oberholzer et al (WO 2010/056720 A1), cited in the Applicant’s IDS filed on July 17th, 2024.
Regarding claims 1-4, Oberholzer teaches a method of preparing polymorph A of cyantraniliprole shown below (page 2, lines 18-25; page 14, claim 1):
PNG
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342
429
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comprising heating polymorph B of cyantraniliprole in a solvent; wherein suitable solvents can be methylcyclohexane or xylene (page 7, lines 1-3, 11 and 13). Oberholzer further teaches that conversion proceeds to near 100% completion and high yields at temperatures not exceeding 100°C (page 7, lines 22-24; page 15, claims 7-9). Oberholzer discloses that polymorph b of cyantraniliprole typically comprises water while polymorph A of cyantraniliprole is anhydrous; leading to water being a byproduct of the conversion; teaching that azeotropic distillation can be used to remove water from the polymorph A cyantraniliprole product (page 7, lines 13-16); and that after conversion the mixture is cooled to 25°C and the product isolated (page 8, lines 11-12; page 10, line 6). Oberholzer further discloses that because polymorph A of cyantraniliprole has low water solubility, it can easily be isolated by filtration and water evaporation (page 7, lines 25-27).
Thus, the teachings of Oberholzer anticipate the process of preparing of instant claims 1-4.
Conclusion
Claims 1-4 are rejected.
No claim is allowed.
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/C.L.J./Examiner, Art Unit 1691
/RENEE CLAYTOR/Supervisory Patent Examiner, Art Unit 1691
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