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 .
Claims 1, 4-21, and 33-35 are pending in this application.
Applicant’s 2/24/2025 election without traverse of (I) tobacco mild green mosaic virus (TMGMV) as the species of plant virus nanoparticles (VNPs) or virus-like particles (VLPs) and (II) the agrochemical is conjugated directly to the interior and/or exterior surface of the plant VNPs and/or VLPs as the species of special physical form of agrochemical agent + plant VNPs and/or VLPs is noted again for the record.
Claims 11-14 and 17-20 stand withdrawn from further consideration as being directed to non-elected subject matter.
Claims 1, 4-10, 15-16, 21 and 33-35 will presently be examined to the extent that they read on the elected subject matter.
The outstanding ground of rejection under 35 USC 101 is withdrawn in view of the amendment to the claims filed on 9/22/2025.
The outstanding ground of rejection under 35 U.S.C. 103 over WO 2017/210682 is withdrawn in view of the amendment to the claims and arguments filed on 9/22/2025.
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.
Claims 1, 4-10, 15-16, 21, and 33-35 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claim 1 has been amended (9/22/2025) to recite a computational model that determines the following:
DNP dispersion constant of VNP or VLP through soil
DP dispersion constant of agrochemical through soil
KNPS rate constant of VNP or VLP absorption to soil
KPS rate constant of agrochemical absorption to soil
KPF rate constant of agrochemical release from VNP or VLP in fluid
“averages DNP, DP, KNPS, and KPS to determine” KPF
Dose, based on the IC50 of the agrochemical, irrigation flow rate (Q) and
KPF over time
The claim language and the model are indefinite. The constants and dose determination are so vague that almost any value could be the output.
(1) A “constant” requires a mathematical relationship. Without the mathematical relationship that is used to describe the rate, the “constant” depends on whatever relationship is used to describe the rate. Mathematical relationship disclosed in the specification could be exemplary and not limiting as to the claims.
(2) It cannot be understood what is meant by “averages DNP, DP, KNPS, and KPS to determine a rate constant of the agrochemical release from VNP or VLP in fluid (KPF).” First, How can you average values with different units? Specification paragraphs 171-174 show that KNPS and KPS can have cm/min unit, while DNP and DP can have cm2/min unit. Second, It is entirely unclear how the average, if it could be obtained using numbers with different units, relate to agrochemical release.
(3) Finally, it is unclear how the dose is determined. Merely stating factors to consider for a dose determination is not the same thing as providing sufficient information to determine the dose that is repeatable and reproducible. What are the relationships that produce a repeatable output?
The new claim features pertaining to the computational model are so unclear that one skilled in the art would not be able to determine what the metes and bounds of the claims are. Claims are rejected as being indefinite.
For these reasons, all examined claims must be rejected again.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JOHN PAK whose telephone number is (571)272-0620. The Examiner can normally be reached on Monday to Friday from 8:30 AM to 5 PM.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's SPE, Fereydoun Sajjadi, can be reached on (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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/JOHN PAK/Primary Examiner, Art Unit 1699