DETAILED ACTION
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
The instant application is a 35 USC 371 National Stage entry of international application PCT/JP2023/022878, which claims priority under 35 USC 119(a)-(d) from Japanese Application JP2022-101773, filed June 24, 2022.
Information Disclosure Statement
The information disclosure statements dated December 16, 2024 and April 20, 2026 in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the IDS document was considered and signed copies of the 1449 forms are attached.
Status of Claims
Currently, claims 1-14 are pending in the instant application and under consideration herein.
Claim Rejections - 35 USC § 101/112
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.
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 13 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 pre-AIA the applicant regards as the invention. The claim provides for a method (in particular, a use), but since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Please see MPEP 2173.05(q).
Claims 8 and 25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to nonstatutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claimed recitation of a method (use), without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See, for example, Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. V. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966).
Allowable Subject Matter
Claims 1-12 and 14 are allowed in this action.
The closest prior art to the instantly claimed compounds is, for example, WO 2003029226 (cited on 12/16/2024 IDS). The prior art teaches compounds of Formula (I) as herbicidal agents:
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. While the art generically teaches triazinane moieties of the formula
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(among many others) as group Q, none of the exemplified or suggested compounds contain all the features required by the instant claims. For example, formula (I.3a’) is disclosed as preferred
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, there is no suggestion of the pendant
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required as a phenyl substituent of the instantly claimed compounds. Accordingly, since the art does not provide sufficient motivation to prepare the instantly claimed compounds, the claimed compounds are allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia L. Otton whose telephone number is (571)270-7683. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALICIA L OTTON/Primary Examiner, Art Unit 1699
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