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
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 31 January 2025 and 21 May 2026 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. See attached copy of PTO-1449.
Response to Restriction
2. Applicant’s election without traverse of Group II (claims 5-13 and 17) and species
PNG
media_image1.png
312
610
media_image1.png
Greyscale
(claims 5-6, 8-9, and 12-13)
in the reply filed on 11 August 2026 is acknowledged.
Status of Application
3. The instant application is a national stage entry of PCT/JP2023/022202 filed 15 June 2023. Claims 1-20 are currently pending. Claims 1-4, 7, 10-11, and 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11 August 2026. Claims 5-6, 8-9, and 12-13 are examined on the merits within.
Allowable Subject Matter
4. The elected compound is free of the prior art:
PNG
media_image1.png
312
610
media_image1.png
Greyscale
Claim Rejections – 35 U.S.C. 102
5. 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.
6. Claim(s) 5-6, 8-9 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Nakamoto et al. (WO2013/027660).
Regarding instant claims 5-6 and 8-9, Nakamoto et al. disclose novel pesticide compounds. See abstract. Table 12 shows the compounds of formula:
PNG
media_image2.png
114
278
media_image2.png
Greyscale
wherein R1=F, R2= Me, n=0, R3=CH2CF3, RF is not present, W is SO2, and Q is Ph to yield:
PNG
media_image3.png
192
388
media_image3.png
Greyscale
See page 87, Table 12.
This reads on the compound of Formula II
PNG
media_image4.png
170
440
media_image4.png
Greyscale
Wherein na = 2, R1a=C3-C8 alicyclic hydrocarbon group, R6a and R8a = H, R2a = halogen, R3a= hydrogen, qa =2, R4a = methyl and SR24a, R24a =a C1-C6 chain hydrocarbon with may optionally have one or mor substituents selected from Group Aa, wherein Aa represents a halogen.
Regarding instant claim 12, the composition includes carriers such as talc, carbon, water, etc. See page 13.
Regarding instant claim 13, the composition additionally comprises insecticides, miticides, nematicides or soil pesticides. See page 13.
Thus the instant claims are anticipated by Nakamoto et al.
Relevant Prior Art
7. Toyabe et al. (JP2000026421) teaches the compound:
PNG
media_image5.png
196
374
media_image5.png
Greyscale
wherein Q =CH, R2 contains a Sulfur variable, R1, R3, X2 and X5 may be Hydrogen, and X1 may be CF₃ which reads on the compound of Formula II (but not all dependent claims). See paragraph [0047] and Table 15.
Conclusion
8. No claims are allowed at this time.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WORSHAM whose telephone number is (571)270-7434. The examiner can normally be reached Monday-Friday (8-5).
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, Robert Wax can be reached at 571-272-0623. 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.
/JESSICA WORSHAM/Primary Examiner, Art Unit 1615
Prosecution Insights