CTNF 17/754,712 CTNF 88598 07-42-04 AIA A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/19/2026 has been entered. DETAILED ACTION 07-03-aia AIA 15-10-aia 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 2. Amendment after Final office action filed on 5/19/2026 is acknowledged. 3. Claim filed on 5/19/2026 is acknowledged. 4. Claims 3, 4, 7, 9-11, 13, 16-20, 23, 25, 27-40, 42, 45, 47, 48, 50-53, 55-62, 64-73 and 75-83 have been cancelled. 5. Claims 1, 2, 5, 6, 8, 12, 14, 15, 21, 22, 24, 26, 41, 43, 44, 46, 49, 54, 63 and 74 are pending in this application. 6. Claims 1, 2, 5, 6, 8, 12, 21, 22, 24, 26, 43, 44, 46, 49, 54, 63 and 74 remain withdrawn from consideration pursuant to 37 CFR 1.142(b), as being drawn to non-elected inventions, there being no allowable generic or linking claim. 7. Applicant elected without traverse of Group 3 (claims 14, 15 and 41) and elected SEQ ID NO: 34 as species of polypeptide in the reply filed on 6/20/2025. Restriction requirement was deemed proper and made FINAL in the previous office actions. Group 3 is drawn to a polypeptide, wherein the polypeptide comprises a peptide chain that consists of less than 67 amino acids, wherein the polypeptide comprises a stable antimicrobial peptide (SAMP) that has an α-helical structure, wherein the SAMP has an amino acid sequence, wherein the amino acid sequence of the SAMP is selected from the group consisting of SEQ ID NOs: 34, 35, 38-44, and 50-52; and an agricultural composition comprising such polypeptide and one or more agents selected from the group consisting of a surface-active agent, an inert carrier, a preservative, a humectant, a feeding stimulant, an attractant, an encapsulating agent, a binder, an emulsifier, a dye, a UV protective agent, a buffer, a flow agent, a fertilizer, a nitrogen fixation agent, a micronutrient donor, an insecticide, a wetting agent and a dispersant. A search was conducted on the elected species; and this appears to be free of prior art. A search was extended to the genus in claim 14; and this too appears to be free of prior art. Claims 14, 15 and 41 are examined on the merits in this office action. Withdrawn Objections and Rejections 8. Objection to the specification is hereby withdrawn in view of Applicant’s amendments to the specification. 9. Rejection to claims 14, 15 and 41 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph (written description) is hereby withdrawn in view of Applicant’s amendment to the claim. 10. Rejection to claims 14 and 41 under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al (US 2005/0074763 A1, cited and enclosed in the previous office action), and as evidenced by the SEQ ID NO 14 in US 2005/0074763 A1 secondary structure document (accessed 6/25/2025, cited and enclosed in the previous office action, from https://www.ebi.ac.uk/pdbe/pdbe-kb/proteins/Q9LUV2/structures, pages 1-2) is hereby withdrawn in view of Applicant’s amendment to the claim. 11. Rejection to claims 14, 15 and 41 under 35 U.S.C. 102(a)(1) as being anticipated by Pak et al (Biochemical and Biophysical Research Communications, 2007, 362, pages 562-567, filed with IDS) is hereby withdrawn in view of Applicant’s amendment to the claim. Maintained/Revised Objections 12. (Revised due to Applicant’s amendment to the claim) Claim 15 remains objected to for the following minor informality: Claim 15 recites “…SEQ ID NO: 34. : ”. There appears to be an extra “:” at the end of instant claim 15. Applicant is required to correct this error. 07-43 Furthermore, claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Applicant's Arguments 13. Applicant’s amendment to the claim introduces additional minor issues into instant claim 15. Therefore, the objection is deemed proper and is hereby maintained. New Objections 14. Claim 14 is objected to for the following minor informality: Applicant is suggested to amend claim 14 as “A polypeptide comprising a stable antimicrobial peptide (SAMP) selected from the group consisting of SEQ ID NOs: 34, 35, 38-44, and 50-52; wherein the SAMP has an α-helical structure; and wherein the polypeptide is less than 67 amino acids in length ”. 15. Claim 41 is objected to for the following minor informality: Claim 41 contains the acronym “UV”. An acronym in the first instance of claims should be expanded upon/spelled out with the acronym indicated in parentheses, i.e., ultraviolet (UV). The abbreviation can be used thereafter. Maintained/Revised Rejections Claim Rejections - 35 U.S.C. § 101 07-04-01 AIA 07-04 16. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 17. (Revised due to Applicant’s amendment to the claim) Claims 14 and 41 remain rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 14 and 41 are directed to a polypeptide, wherein the polypeptide comprises a peptide chain that consists of less than 67 amino acids, wherein the polypeptide comprises a stable antimicrobial peptide (SAMP) that has an α-helical structure, wherein the SAMP has an amino acid sequence, wherein the amino acid sequence of the SAMP is selected from the group consisting of SEQ ID NOs: 34, 35, 38-44, and 50-52; and an agricultural composition comprising such polypeptide and one or more agents selected from the group consisting of a surface-active agent, an inert carrier, a preservative, a humectant, a feeding stimulant, an attractant, an encapsulating agent, a binder, an emulsifier, a dye, a UV protective agent, a buffer, a flow agent, a fertilizer, a nitrogen fixation agent, a micronutrient donor, an insecticide, a wetting agent and a dispersant. Nakandala et al (Horticulture Research, 2023, 10, pages 1-14) teach a novel class of antimicrobial peptide/protein comprising SAMP, for example, page 7, Section “Antimicrobial peptides”; and Supplementary Fig. S7a. And according to the Supplemental information for Nakandala et al (2023, pages 1-38), many of the natural occurring antimicrobial proteins, including the natural occurring antimicrobial protein that is either 153 or 192 amino acids in length, comprise the amino acid sequence AHVEYANLFLANLEKVLVIDYK (identical to the amino acid sequence of instant SEQ ID NO: 35), for example, page 4, Supplementary Fig. S7a. Therefore, the polypeptide recited in instant claims 14 and 41 can be a fragment of naturally occurring protein. Furthermore, the surface-active agent (synonymy of surfactant) recited in instant claim 41 can be natural product, as evidenced by the What are the five natural surfactants? document (from https://www.aatbio.com/resources/faq-frequently-asked-questions/What-are-the-five-natural-surfactants, 2021, pages 1-2). The claims 14 and 41 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claimed polypeptide and agricultural composition comprising such polypeptide in instant claims 14 and 41 do not recite features or steps demonstrating a marked difference from what exists in nature; and the claimed polypeptide and agricultural composition comprising such polypeptide in instant claims 14 and 41 do not recite meaningful limitations that add something of significance to the judicial exception. Therefore, the claimed polypeptide and agricultural composition comprising such polypeptide in instant claims 14 and 41 are not significantly different than a judicial exception (natural product). Response to Applicant's Arguments 18. Applicant argues that “claim 14 is amended to recite a polypeptide comprising a peptide chain that consists of less than 67 amino acids, wherein the polypeptide comprises a stable antimicrobial peptide (SAMP) that has an α-helical structure, and wherein the SAMP comprises the amino acid sequence selected from the group consisting of SEQ ID NOs: 34, 35, 38-44, and 50-52. The amino acid sequences of SEQ ID NOs: 34, 35, 38-44, and 50-52 are not natural sequences.” 19. Applicant's arguments have been fully considered but have not been found persuasive. In response to Applicant's arguments about instant rejection, the Examiner understands that the instant claimed polypeptide is not a natural product. However, in the instant case, as stated in Section 17 above, the instant claimed polypeptide can be a fragment of natural occurring protein. Furthermore, the surface-active agent recited in instant claim 41 can be natural product. Therefore, the claimed polypeptide and agricultural composition comprising such polypeptide in instant claims 14 and 41 are not significantly different than a judicial exception (natural product). Thus, the rejection is deemed proper and is hereby maintained. Examiner’s Notes 20. The polypeptide and the agricultural composition comprising such polypeptide recited in instant claims 14, 15 and 41 are free of prior art. The closest prior art is Jin et al (WO 2019/084040 A1, filed with IDS). Jin et al teach polypeptide of SEQ ID NO: 9 that is 67 amino acids in length and consists of the amino acid sequence MSYGRGK DVSTENLQQGFTHVFESTFDSTEGVAEYVSHP VHVEFANLMLPQLEKVLVIDYK PEKVGP (comprising the amino acid sequence of instant SEQ ID NO: 38), for example, page 22, SEQ ID NO: 9. However, there is no teaching, motivation, or other type of suggestion to modify the polypeptide of SEQ ID NO: 9 in Jin et al and arrive at the polypeptide recited in instant claims 14, 15 and 41. Therefore, the polypeptide and the agricultural composition comprising such polypeptide recited in instant claims 14, 15 and 41 are both novel and unobvious over the prior arts of record. Conclusion No claim is allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LI N KOMATSU whose telephone number is (571)270-3534. The examiner can normally be reached Mon-Fri 8am-4pm EST. 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, Melissa Fisher can be reached on 5712707430. 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. /LI N KOMATSU/Primary Examiner, Art Unit 1658 Application/Control Number: 17/754,712 Page 2 Art Unit: 1658 Application/Control Number: 17/754,712 Page 3 Art Unit: 1658 Application/Control Number: 17/754,712 Page 4 Art Unit: 1658 Application/Control Number: 17/754,712 Page 5 Art Unit: 1658 Application/Control Number: 17/754,712 Page 6 Art Unit: 1658 Application/Control Number: 17/754,712 Page 7 Art Unit: 1658 Application/Control Number: 17/754,712 Page 8 Art Unit: 1658 Application/Control Number: 17/754,712 Page 9 Art Unit: 1658
Prosecution Insights