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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/27/25 was filed in a timely manner. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102a1,2 as being anticipated by Witschel et al (WO 2010/145992 hereafter Witschel).
Witschel discloses a method for controlling weeds comprising administration of a herbicidal mixture (abstract). the herbicidal mixture of trifludimoxazin and imazethapyr (composition 1.33), which is the exact binary mixture of l.a.35 (trifludimoxazin) and imazethapyr; (page 5, lines 3-10); compound l.a.35, which is trifludimoxazin, (pages 10-11). Trifludimoxazin can be applied at 10 g/ha to 1500 g/ha, and the second herbicide can be applied at 10 g/ha to 1500 g/ha (page 86, line 36 to page 87, line 3). In binary compositions, weight ratio range of 1:75 to 75:1 is disclosed (page 57, lines 4-8). Witschel’ s synergistic examples do not include imazethapyr, but they show the use of trifludimoxazin at 6.25, 12.5 and 25 g/ha, and the second herbicide at 6.25, 12.5, 15, 135, 400 g/ha; and Witschel's one ternary mixture, the combined application amount of the second and third herbicide is 18.12 g/ha (Examples 2.1- 2.10, page 95 to 97). Thus, Witschel's exemplified binary mixture ratio of trifludimoxazin to the additional herbicide (not imazethapyr) ranges from 4:1 to 1:16 - the ratios are 2:1 (Examples 2.1, 2.2), 1:1 (Examples 2.3, 2.4), 1:10.8 (Example 2.5), 1:16 (Example 2.6), 1:1.2 (Example 2.7), 1:2.4 (Examples 2.8), and 4:1 (Example 2.9). These disclosures render the claims anticipated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICAH PAUL YOUNG whose telephone number is (571)272-0608. The examiner can normally be reached Monday through Friday, 9:00 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hartley can be reached at 5712720616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICAH PAUL YOUNG/ Primary Examiner, Art Unit 1618
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