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 .
DETAILED ACTION
This is a response to Applicant’s communication filed on July 24, 2026. Application No. 18/837,494, is a 371 of PCT/EP2023/053393, filed February 10, 2023, and claims foreign priority to European Patent application No. EP 22156188.9, filed February 10, 2022. Claims 1-20 are pending.
Claim Rejections - 35 USC § 102(a)(1)
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al., JP2020/186191 (cited on the August 9, 2024, IDS). Sato disclose seeds or seed treatment compositions, formulations, or concentrates comprising compound (A-1) and at least one other pesticide selected from at least flutolanil (B-104), flubendiamide (B-54) and/or pyraziflumid (B-105), for controlling or preventing damage by insect, acarina, and/or nematode pests and/or fungal pathogens to a plant. See Sato et al., JP ‘191, para. [0079]-[0100], for compositions of (A-1) and formula B (54, 104, and 105); see also Id., para. [0245]-[0248] for the further pesticides relevant to those of formula B; see Id., para. [0007], for composition ratios of first ingredient component A to formula B pesticide component(s); see Id., para. [0185], for seed treatments; see Id. paras. [0196] and [0209], for insecticidal and or antifungal compositions; see Id., para. [0146]-[0148], for formulations and concentrations.
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.
Claims 3, 5, 6, 8, 10, 11, and 20 are 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 3, 5, 6, 8, 10, 11 and 20, recite the broad recitation of ratios and rate(s) of application, and the claims also recite the terms “preferably,” “especially,” “more especially” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Additionally, in claim 8, 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 § 101 and/or 112(b) – Non-Statutory Use Claims
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.
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.
Claims 14 and 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter, as well as 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. Claim 14 is drawn to the “use” of a combination comprising component (A) and (B). In this case, the “use” of does not fall within at least one of the four categories of patent eligible subject matter, and fails to recite steps under U.S.C. 101. In addition, claims 14 and 15 are also rejected under 35 U.S.C. 112(b) as being indefinite for reciting a use without any active, positive steps delimiting how this use is actually practiced. See MPEP 2173.05(q).
Conclusion
No claims are 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..
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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.
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/TIMOTHY R ROZOF/Primary Examiner, Art Unit 1625
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