CTFR 17/981,692 CTFR 80990 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims The amendments received on Feb. 2, 2026, have been entered. Claims 1-20 are pending and are examined in this Office Action. Objections and Rejections That Are Withdrawn The objection to the title is withdrawn in light of Applicant’s amendment of the title. The rejections of claims 6 and 15 under 35 USC 112B for indefiniteness are withdrawn in light of Applicant’s amendments to the claims. The rejections of claims 1-20 under 35 USC 112A for inadequate written description are withdrawn in light of Applicant’s amendments to the claims and specification and in light of the declaration by Dale Skalla affirming that the seeds that were deposited were not altered genetically compared to the seeds used for growing plants to collect data for Table 1. The rejection of claims 1-20 under 35USC 102/103 over DeDreu is withdrawn in light of Applicant’s pointing out that although both corn cobs are red, the Munsell color values between the instant corn line and the DeDreu corn line are different (10R4/4 vs. 5R4/6). This difference along with the claim amendments which exclude unlimited numbers of locus conversions renders the claims free of the art. Claim Rejections - 35 USC § 112 Indefiniteness 07-30-02 AIA 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. 07-34-01 Claim 19 is 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. In claim 19 there is a lack of antecedent basis for a product comprising protein concentrate, protein isolate, starch, meal, flour or oil. Applicant is advised to replace “comprising” with - - , wherein said product comprises - -; or a similar edit to address the issue. Applicant states that the claim has been amended (Resp 1). The amendment does not address the issue because the amendment replaces the word “comprising” which was referencing the method steps rather than referencing the product. The amendment adds an additional layer of indefiniteness because it is unclear how a product can comprise the act of growing a plant. Summary Claims 1-18 and 20 are allowed and claim 19 is rejected. Finality 07-40 AIA 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. Examiner’s Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHY KINGDON whose telephone number is (571)272-8784. The examiner can normally be reached M-F 9:00 - 5:30 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, Amjad A Abraham can be reached on (571) 270-7058. 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. CATHY KINGDON Primary Examiner Art Unit 1663 /CATHY KINGDON/Primary Examiner, Art Unit 1662 Application/Control Number: 17/981,692 Page 2 Art Unit: 1663 Application/Control Number: 17/981,692 Page 3 Art Unit: 1663
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