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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed 11/03/2025.
Specification
The disclosure is objected to because of the following informalities: The specification is missing a Brief Description of the Drawings.
Appropriate correction is required.
Withdrawn Rejection
The rejection of the claims under 35 USC 103 of Emmet et al in view of Cheng et al is withdrawn in view of the amendments made 11/03/2025.
New Rejection(s) Based on the Amendment of 11/03/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 33-40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant has amended the claims to read on applying the composition to the stigma rather than the flower. This is considered new matter because the original specification does not support applying to the stigma , rather than the flower. As this Examiner understands the method, an S8 sulphur compound and GA are applied in conjunction with a surfactant to the flower, which in turn promotes collapse of the stigma. The specification specifically recites applying to the blossom at page 3, lines 20-21. The method can only be carried out during the flowering stage (Page 3, line 23). Administration of the combination provokes collapse of the stigma (page 3, lines 26-27). Page 6, line 19 states that application is on the flower. At page 15, line 33 to page 16, line 1, it describes reaching the flower at the most receptive time. Treating the flower is again mentioned at page 18, line 5. Further, all the Experimental data is directed to treating the flower. Therefore applying the composition to the stigma is considered new matter.
The limitation excluding grapes is also not supported by the original specification. In fact, at page 11, line 18 table grapes are specifically listed for use in this method. This is again considered new matter.
Response to Amendment
The affidavit under 37 CFR 1.132 filed 11/20/202 is insufficient to overcome the rejection of claims 33-38 based upon 35 USC 103 over Emmet et al in view of Cheng et al as set forth in the last Office action because:
It appears to argue points already set out in the specification. The specification already teaches that gibberellic acid does not cause seedless fruit at page 16, lines 15-17. The affidavit then provides data showing that the S8 compound , when applied to the flower, produces seedless fruit. While the assertion that grapes would not produce seedless fruit , applicant is again reminded that grapes are listed for use in the instantly claimed method at page 11, line 18. The specification already teaches that the sulfur compound being applied to the flower provoked collapse of the stigma, and therefore preventing formation of seeds in the fruit at page 3, lines 28-31. Therefore the SEM and TEM photographs merely illustrate points not in dispute.
The affidavit is also not commensurate in scope with the claimed method in that none of the data is directed to the use of both the S8 compound and the gibberellic acid in tandem. Further, there are no unexpected results provided by the affidavit.
For these reasons, the affidavit is insufficient to overcome the rejection of the claims.
Conclusion
No claims are allowed. Applicant should note that once new matter is deleted from the claims, the rejection under 35 USC 103 over Emmett in view of Cheng et al will be reinstated.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS A AZPURU whose telephone number is (571)272-0588. The examiner can normally be reached 9 am- 3 pm, 4 pm-8pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue X Liu can be reached at 571-272-5539. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CARLOS A AZPURU/Primary Examiner, Art Unit 1617 caz