UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/163,381
`
`10/17/2018
`
`Gina Mercia SWART
`
`SYG-0134VA (115701-49)
`
`5708
`
`759°
`”is“
`D1nsmore & Shohl LLP
`
`03/01/2019
`
`801 Pennsylvania Avenue, NW.
`Suite 610
`
`Washington DC 20004
`
`PIHONAK' SARAH
`
`1627
`
`PAPERNUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/01/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`
`dcipdocket@ dinsmorecom
`vrodwe11@ dinsmorecom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`16/163,381
`Examiner
`SARAH PIHONAK
`
`Applicant(s)
`SWART et al.
`Art Unit
`1627
`
`AIA Status
`No
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 17 October 2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)I:J Some”
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) C] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190224
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`Priority
`
`This application, filed on 10/17/2018, is a division of 15/432952, filed on 2/15/2017.
`
`15/432952 is a continuation of 14/416775, filed on 1/23/2015. 14/416775 is a national stage
`
`entry of PCT/EP2013/065480, filed on 7/23/2013. A claim for foreign priority has been made to
`
`121779953, filed on 7/26/2012. A certified copy of the foreign priority document is of record.
`
`Status of Claims
`
`1.
`
`2.
`
`Claims 1—7 are currently pending.
`
`Claims 1—7 were examined and are rejected.
`
`Claim Rejections-35 USC § 103
`
`3.
`
`The following is a quotation of pre—AIA 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102, if the differences between the subject matter sought to be patented and the
`prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`4.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under pre—
`
`A|A 35 U.S.C. 103(a) are summarized as follows:
`
`1. Determining the scope and contents ofthe prior art.
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 3
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`5.
`
`This application currently names joint inventors. In considering patentability ofthe
`
`claims under pre—AIA 35 U.S.C.103(a), the examiner presumes that the subject matter ofthe
`
`various claims was commonly owned at the time any inventions covered therein were made
`
`absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56
`
`to point out the inventor and invention dates of each claim that was not commonly owned at
`
`the time a later invention was made in order for the examiner to consider the applicability of
`
`pre—AIA 35 U.S.C. 103(c) and potential pre—AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre—AIA
`
`35 U.S.C.103(a).
`
`6.
`
`Claims 1—7 is/are rejected under pre—AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Walter et. al., WO 2012/41874 (publ. date 4/5/2012, cited in the IDS).
`
`The claims are directed to a composition suitable for control of diseases caused by
`
`phytopathogens comprising as component (A) 3—(difluoromethyl)—N—methoxy—1—methyl—N—[1—
`
`methyl—2—(2,4,6—trichlorophenyl)ethyl]pyrazole—4—carboxamide; component (B) of formula VII:
`
`and for component (C), a compound selected from the group consisting of: isopyrazam,
`
`difenoconazole, azoxystrobin, prothioconazole, tebuconazole, pyraclostrobin, trifloxystrobin,
`
`fludioxonil, and cyprodinil; wherein (A) and (B) are shown below:
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 4
`
`
`
`Cl
`
`Cl
`
`Cl
`
`3 -(difluoromethyl)-N-methoxy- 1 -methy1—N— [ 1 -methyl-2-(2,4,6-trichlorophenyl)ethy1]pyrazole-4-carboxamide
`
`(A)
`
`Cl
`
`Cl
`
`3 -difluoromethyl- 1 -methyl- 1 H-pyrazole-4-carboxy1ic acid (9-dichloromethylene-1 ,2,3 ,4-tetrahydro- 1 ,4-
`methano-naphthalen—S-yl)—amide
`
`(B). The claims are further directed to controlling diseases on useful plants or on propagation
`
`material, and protecting natural substance of plant and/or animal origin comprising applying
`
`the claimed combination.
`
`Walter et. al. teaches a combination for controlling phytopathogenic diseases
`
`comprising components (A) and (B) in a synergistically effective amount, wherein component
`
`(A) is a compound of formula | (Abstract; p. 1, line 13—p. 2, line 13):
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 5
`
`G
`F
`ff H \\
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`X11“.
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`’
`
`F
`
`Q
`
`HEB»,
`"Em“. f
`,s
`”a.“
`.~
`NE
`R3
`R
`
`a:
`
`CH
`
`3
`
`; wherein R is hydrogen or methoxy; Q is
`
`.
`
`321
`\
`
`\
`
`Rg\$___________________
`““5”; kg?
`X‘
`*’
`
`{Q ,a or
`
`R
`
`a
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`\v‘" 3
`
`£27m .- s
`J‘i HR 9*
`
`R
`
`it:
`
`-
`
`; R1 is hydrogen, halogen, or CH; alkyl;
`
`Fig;
`
`Rs
`
`R2=hydrogen, halogen, CH3 alkyl, C243 alkenyl, C2.6 alkynyl, C343 cycloalkyl—C3.6 alkynyl,
`
`halophenoxy, halophenyl—C3.6 alkynyl, etc.; R3=hydrogen, halogen, or CH; alkyl; R4, R5, and
`
`h
`
`R6=independently hydrogen, halogen, or
`
`, with at least one or R4, R5, and R6 being
`
`other than hydrogen; R7=hydrogen, CH3 alkyl, CH3 haloalkyl, or C1-4 alkoxyalkyl; Rg=hydrogen or
`
`methoxy; or a agrochemically acceptable salt or structural isomer thereof. The compounds for
`
`component (B) are selected from the group consisting of a strobilurin fungicidie, an azole
`
`fungicide, a morpholine fungicide, and various other fungicide compounds, including a
`
`compound of formula (VII) (p. 2, line 14—p. 6, line 13, with emphasis on p. 6, lines 7—8):
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 6
`
`.
`xx
`elm—A.
`
`.
`
`Eli
`)-
`
`xh‘gfi‘
`F O‘%"Ntfli
`14-12;}! A
`w
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`Mk-
`
`:
`
`EN
`
`a.“
`
`.
`
`{VB}
`‘
`
`.Walter et. al. teaches especially suitable compounds for
`
`component (B) include azoxystrobin, pyraclostrobin, trifloxystrobin, difenoconazole,
`
`prothioconazole, tebuconazole, cyprodinil, isopyrazam, and a compound of formula (VII), as
`
`described above (p. 18, line 20—p. 20, line 6). Walter et. al. teaches the weight ratio of
`
`component (A) to component (B) to be from 2000:1 to 1:1000, with particular preference given
`
`to a weight ratio of 5:1 to 1:5 (p. 21, line 15—p. 22, line 2). Walter et. al. teaches the
`
`combination of component (A) and (B) to exert a synergistic effect on phytopathogen control
`
`(p.22, lines 4—15). Walter et. al. further teaches combinations comprising component (A) with
`
`more than one ofthe active components (B), for broadening the spectrum of disease control,
`
`and that in particular, it may be advantageous to combine two or three components (B) with
`
`component (A) (p. 26, lines 6—10). The compound for component (A) recited in the instant
`
`claims is disclosed by Walter et. al. (see p.26, Table 1, compound 1.001). Walter et. al. teaches
`
`the combinations of component (A) and component(s) (B) in a composition with an
`
`agriculturally acceptable carrier and optionally a surfactant, in a synergistically effective amount
`
`(p. 25, line 31—p. 26, line 4; p. 59, lines 20—23). Walter et. al. teaches controlling
`
`phytopathogenic diseases on useful plants or propagation material thereof, and protecting
`
`substances of plant and/or animal origin from fungi attack comprising applying the combination
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 7
`
`as discussed above to plants, their locus, or propagation material (p. 1, lines 13—17; p.23, lines
`
`27—33; p. 50, lines 11—15).
`
`It would have been prima facie obvious to one of ordinary skill in the art, at the time of
`
`the invention, to have combined component (A), 3—(difluoromethyl)—N—methoxy—1—methyl—N—[1—
`
`methyl—2—(2,4,6—trichlorophenyl)ethyl]pyrazole—4—carboxamide; component (B), a compound of
`
`formula (VII); and (C) an additional compound selected from the group consisting of:
`
`isopyrazam, difenoconazole, azoxystrobin, prothioconazole, tebuconazole, pyraclostrobin,
`
`trifloxystrobin, fludioxonil, and cyprodinil together in a composition, wherein the weight ratio
`
`of (A) to (B+C) is from 2000:1 to 1:1000 as recited in the instant claims, in view ofthe teachings
`
`of Walter et. al. Walter et. al. teaches synergistic combinations of a compound of component
`
`(A), including 3—(difluoromethyl)—N—methoxy—1—methyl—N—[1—methyl—2—(2,4,6—
`
`trichlorophenyl)ethyl]pyrazole—4—carboxamide; and one or more compounds for component (B),
`
`inclusive of isopyrazam, difenoconazole, azoxystrobin, prothioconazole, tebuconazole,
`
`pyraclostrobin, trifloxystrobin, fludioxonil, and cyprodinil and a compound of formula (VII),
`
`wherein the weight ratio of (A) to (B) is from 2000:1 to 1:1000, for controlling phytopathogenic
`
`organisms. As Walter et. al. teaches that combining component (A) with two compounds of
`
`component (B) can be advantageous, one of ordinary skill in the art would have been strongly
`
`motivated to have combined 3—(difluoromethyl)—N—methoxy—1—methyl—N—[1—methyl—2—(2,4,6—
`
`trichlorophenyl)ethyl]pyrazole—4—carboxamide, the compound of formula (VII), and an
`
`additional compound selected from the group consisting of: isopyrazam, difenoconazole,
`
`azoxystrobin, prothioconazole, tebuconazole, pyraclostrobin, trifloxystrobin, fludioxonil, and
`
`cyprodinil, together in a composition in synergistically effective amounts, at a weight ratio of
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 8
`
`(A) to the two compounds for component (B) of 2000:1 to 1:1000, with the reasonable
`
`expectation that improved control of phytopathogenic diseases would have been provided.
`
`Walter et. al. further teaches the weight ratio of (A) to (B) of 5:1 to 1:5 to be especially
`
`preferred; therefore, it would have been prima facie obvious to have combined component (A),
`
`3—(difluoromethyl)—N—methoxy—1—methyl—N—[1—methyl—2—(2,4,6—trichlorophenyl)ethyl]pyrazole—4—
`
`carboxamide, with two agents for component (B) taught to be preferred, azoxystrobin and the
`
`compound of formula (VII), wherein the weight ratio of (A) to the two compounds for
`
`component (B) (B+C for the instant claims) is from 5:1 to 1:5, which includes the weight ratio
`
`recited in instant claim 3, with a reasonable expectation of success. Regarding the limitation of
`
`instant claim 4, wherein the weight ratio of component (B) to component (C) is from 2:1 to 1:6,
`
`it is noted that Walter et. al. teaches the weight ratio range of 2000:1 to 1:1000 for component
`
`(A) to (B), and further teaches that combining two agents for component (B) with (A) to be
`
`beneficial. Therefore, one of ordinary skill in the art would have found it routine and obvious to
`
`have arrived at the weight ratio range of 2:1 to 1:6 for the two component (B) agents taught by
`
`Walter et. al., a compound of formula (VII) and a compound selected from the group consisting
`
`of: isopyrazam, difenoconazole, azoxystrobin, prothioconazole, tebuconazole, pyraclostrobin,
`
`trifloxystrobin, fludioxonil, and cyprodinil, as this weight ratio range is included within the
`
`broad weight ratio range for combinations of active agents taught by Walter et. al., and
`
`overlaps with the taught preferred weight ratio ranges, with the reasonable expectation that a
`
`synergistic phytopathogenic effect would have resulted.
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 9
`
`Claim Rejections-Nonstatutory Double Patenting
`
`7.
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine
`
`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
`
`improper timewise extension of the ”right to exclude" granted by a patent and to prevent
`
`possible harassment by multiple assignees. A nonstatutory double patenting rejection is
`
`appropriate where the conflicting claims are not identical, but at least one examined
`
`application claim is not patentably distinct from the reference claim(s) because the examined
`
`application claim is either anticipated by, or would have been obvious over, the reference
`
`claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman,
`
`11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed.
`
`Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d
`
`438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be
`
`used to overcome an actual or provisional rejection based on nonstatutory double patenting
`
`provided the reference application or patent either is shown to be commonly owned with the
`
`examined application, or claims an invention made as a result of activities undertaken within
`
`the scope of a joint research agreement. See MPEP § 717.02 for applications subject to
`
`examination under the first inventor to file provisions ofthe A|A as explained in MPEP § 2159.
`
`See MPEP §§ 706.02(|)(1) — 706.02(|)(3) for applications not subject to examination under the
`
`first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance
`
`with 37 CFR 1.321(b).
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 10
`
`The USPTO Internet website contains terminal disclaimer forms which may be used.
`
`Please visit www.uspto.gov/patent/patents—forms. The filing date of the application in which
`
`the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or
`
`PTO/AIA/26) should be used. A web—based eTerminal Disclaimer may be filled out completely
`
`online using web—screens. An eTerminal Disclaimer that meets all requirements is auto—
`
`processed and approved immediately upon submission. For more information about eTerminal
`
`Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD—info—I.jsp.
`
`Claims 1—7 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1—6 of U.S. Patent No. 9,808,007. The instant claims are drawn to a
`
`composition suitable for control of diseases caused by phytopathogens comprising as
`
`component (A) 3—(difluoromethyl)—N—methoxy—1—methyl—N—[1—methyl—2—(2,4,6—
`
`trichlorophenyl)ethyl]pyrazole—4—carboxamide; component (B) of formula VII: and for
`
`component (C), a compound selected from the group consisting of: isopyrazam,
`
`difenoconazole, azoxystrobin, prothioconazole, tebuconazole, pyraclostrobin, trifloxystrobin,
`
`fludioxonil, and cyprodinil; wherein (A) and (B) are shown below:
`
`Cl Cl
`
`Cl
`
`3 -(difluoromethyl)-N-methoxy- 1 -methy1—N—[1-methyl-2-(2,4,6-trichlorophenyl)ethy1]pyrazole-4-carboxamide
`
`(A)
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 11
`
`Cl
`
`Cl
`
`3 -difluoromethyl- 1 -methyl- 1 H-pyrazole-4-carboxy1ic acid (9-dichloromethylene-1 ,2,3 ,4-tetrahydro- 1 ,4-
`methano-naphthalen—S-yl)-amide
`
`(B). The claims are further directed to controlling diseases on useful plants or on propagation
`
`material, and protecting natural substance of plant and/or animal origin comprising applying
`
`the claimed combination. The claims of US ’007 are drawn to a composition comprising the
`
`same components (A), (B), and (C) as recited in the instant claims, wherein the weight ratio of
`
`(A) to (B+C) is from 2000:1 to 1:1000; and the weight ratio of component (B) to (C) is from 2:1
`
`to 1:6 (see claims 1—3 of US ’007). Claims 5—6 of US ’007 are also drawn to controlling diseases
`
`on useful plants or on propagation material, and protecting natural substance of plant and/or
`
`animal origin comprising applying the claimed combination. The instant claims and claims of US
`
`’007 are as such not patentably distinct as both sets of claims are drawn to a composition
`
`comprising the same components (A), (B), and (C), in the same weight ratios, and methods of
`
`controlling diseases on useful plants and protection of natural substance of plant/animal origin
`
`comprising applying the combination onto plants and substances of plant/animal origin.
`
`8.
`
`Claims 1—7 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1—6 of U.S. Patent No. 10,136,644. The instant claims are drawn to a
`
`composition suitable for control of diseases caused by phytopathogens comprising as
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
`
`Page 12
`
`component (A) 3—(difluoromethyl)—N—methoxy—1—methyl—N—[1—methyl—2—(2,4,6—
`
`trichlorophenyl)ethyl]pyrazole—4—carboxamide; component (B) of formula VII: and for
`
`component (C), a compound selected from the group consisting of: isopyrazam,
`
`difenoconazole, azoxystrobin, prothioconazole, tebuconazole, pyraclostrobin, trifloxystrobin,
`
`fludioxonil, and cyprodinil; wherein (A) and (B) are shown below:
`
`
`
`Cl
`
`Cl
`
`Cl
`
`3 -(difluoromethyl)-N-methoxy- 1 -methy1—N-[1-methyl-2-(2,4,6-t1ichlorophenyl)ethyl]pyrazole-4-carboxamide
`
`(A)
`
`Cl
`
`Cl
`
`3 -difluoromethyl-1-methy1-1H-pyrazole-4-carboxylic acid (9-dichloromethylene-1,2,3 ,4-tetrahydro- 1 ,4-
`methane-naphthalen-5-yl)-amide
`
`(B). The claims are further directed to controlling diseases on useful plants or on propagation
`
`material, and protecting natural substance of plant and/or animal origin comprising applying
`
`the claimed combination. The claims of US ’644 are drawn to a composition comprising the
`
`

`

`Application/Control Number: 16/163,381
`Art Unit: 1627
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`Page 13
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`same components (A), (B), and (C) as recited in the instant claims, wherein (C) is azoxystrobin,
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`and wherein the weight ratio of (A) to (B+C) is from 4:1 to 1:4. Claims 2—3 of US ’644 are also
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`drawn to controlling diseases on useful plants or on propagation material, and protecting
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`natural substance of plant and/or animal origin comprising applying the claimed combination.
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`The instant claims and claims of US ’644 are as such not patentably distinct as both sets of
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`claims are drawn to a composition comprising the same components (A), (B), and (C), in the
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`same weight ratios, and methods of controlling diseases on useful plants and protection of
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`natural substance of plant/animal origin comprising applying the combination onto plants and
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`substances of plant/animal origin.
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`Information Disclosure Statements
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`9.
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`Information disclosure statement (IDS) were submitted on 10/17/2018 and 2/14/2019.
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`The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the
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`information disclosure statements have been considered by the examiner.
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`10.
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`Claims 1—7 are rejected.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to SARAH PIHONAK whose telephone number is (571)270—7710.
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`The examiner can normally be reached on Monday—Friday 9:00—5:30 EST.
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`

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`Application/Control Number: 16/163,381
`Art Unit: 1627
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`Page 14
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`SARAH . PIHONAK
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`Examiner
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`Art Unit 1627
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`/SARAH PIHONAK/
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`Primary Examiner, Art Unit 1627
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`