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 .
Applicant’s Reply, filed 06/11/2026 is hereby acknowledged. Applicant’s arguments when taken together with the claim amendments have overcome the rejections of record. After further consideration, New ground of rejection are required and are set forth herein. This action is being made NON-Final.
New claims 24-26 have been added and are examined herein on the merits.
Double Patenting
Claims 1, 6-16 and 22-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5-6 and 8-9 of U.S. Patent No. 11140841. Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim methods of breeding potatoes from the same deposited material wherein the level of homozygosity is fixed and wherein a set percentage of loci are heterozygous. Although the percentages overlap, given the starting material is the same, it appears that the methods only differ in what resultant potatoes are selected and would not need to differ, such that the instantly claimed subject matter would be encompassed by the patented claims. The presently recited method steps and conditions are not explicitly recited by the patented claims, but appear to be within normal parameters absent evidence to the contrary.
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T PAGE whose telephone number is (571)272-5914. The examiner can normally be reached M-F 7-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amjad Abraham can be reached at 5712707058. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT T PAGE/Primary Examiner, Art Unit 1663
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