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 .
Status of the Claims
Claims 5-6 are canceled.
Rejoined claims 1-3 and claims 4, 7-8, and 18-20 are examined herein.
Claims 9-17 are withdrawn from consideration.
The previous rejection to claims 4, 7-8, and 18-20 under 35 USC 112(a) written description has been withdrawn in view of Applicant’s amendments to the claims.
Claims 4, 8, and 18-20 are objected to.
Claim 7 and rejoined claims 1-3 are rejected.
Priority
Application No. 18/064,423 filed on 12/12/2022 claims priority to provisional Application No. 63/265,393 filed on 12/14/2021.
Notice of Rejoinder
Invention I, encompassing claims 1-3, are rejoined and examined herein. Because a claimed invention previously withdrawn from consideration has been rejoined, the restriction requirement between groups I and II as set forth in the Office action mailed on 08/01/2024 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Interpretation
The polypeptide represented by SEQ ID NO: 6 appears to have both MYB and P-protein domains, and therefore the recited domains are interpreted to be present in the polypeptide.
Claim Objections
This is a new objection necessitated by Applicant’s amendments to the claims
Claim 4 is objected to because of the following informalities: In line 7 of claim 4, the claim recites “wherein the polynucleotide s a nucleotide that encodes a polypeptide…” which should read “wherein the polynucleotide is a nucleotide that encodes a polypeptide…” . Appropriate correction is required.
Claims 7-8 and 18-20 are objected to as a function of their dependency.
Claim Rejections - 35 USC § 112
Indefiniteness
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.
Claim 7 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.
Claim 7 recites the limitation "the wheat genome". Because there is no previous recitation of a wheat genome, it is unclear what the recitation is in reference to. For this reason, there is insufficient antecedent basis for this limitation in the claim.
Written Description
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.
This is a new rejection necessitated Applicant’s amendments that have resulted in the rejoinder of claims 1-3.
Claims 1-3 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.
Claims 1-3 are broadly drawn to a polynucleotide encoding a screenable marker for seed selection, wherein the polynucleotide is selected from the group consisting of: a) a nucleotide sequence of SEQ ID NO: 1, 3, 5, 7, or 9; b) a nucleotide sequence that is at least 85% identical to the nucleotide sequence of SEQ ID NO: 1, 3,5, 7, or 9; c) a nucleotide fragment of the nucleotide sequence of part a; d) a nucleotide fragment of the nucleotide sequence of part b; e) a nucleotide that encodes a polypeptide with an amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10; f) a nucleotide that encodes a polypeptide that is at least 85% identical to the amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10; wherein the polynucleotide is operably linked to a promoter that expresses in seed.
Specifically, claims 1-3 are broadly drawn to a nucleotide sequence that is at least 85% identical to the recited sequence, nucleotide sequence encoding a polypeptide that is at least 85% identical to the recited sequences, and any fragment of the nucleotides in part a) or b).
Regarding elected SEQ ID NO: 6, Applicant provides a gene and corresponding protein sequence of SEQ ID NO: 6 (p. 3-4, Table 1) that encodes pericarp color 1 (P1). Applicant also describes limited examples pericarp 1 genes/proteins from other plant species which have 61% or less sequence identity to SEQ ID NO: 6.
Applicant does not describe any sequence with 85% identity to the recited sequence that effectively confers the function of a screenable marker. Except for the limited examples of P1 sequences from other plant species, Applicant has not described any sequence of the broadly claimed genus with less than 100% identity to the recited sequences that encodes a screenable marker, let alone a sequence as low as 85%. Applicant has also not described any fragment of SEQ ID NO: 6 that effectively confers the function of a screenable marker.
The prior art fails to remedy this deficiency. Regarding elected SEQ ID NO: 6 which is a wheat pericarp color 1 (P1) protein, there appears to be a dearth of description of the nucleotide sequences or fragments that would be expected to encode and confer the function of a screenable marker. A review of sequences that share identity with elected SEQ ID NO: 6 reveals sequences that have low sequence identity, and moreover fail to describe the sequence as a P1 gene or a screenable marker (see file wrapper 20240809_113549_us-18-064-423-6.rapbn). For example, there is an identity gap exhibited below in two sequential search results of SEQ ID NO: 6. One sequence, which is instant SEQ ID NO: 6, shows 100% identity, and the next most similar sequence search is instant SEQ ID NO: 8 which shows 61% identity:
RESULT 1
US-18-064-423-6
Sequence 6, US/18064423
Publication No. US20230183738A1
GENERAL INFORMATION
APPLICANT: Pioneer Hi-Bred International, Inc. (en)
TITLE OF INVENTION: UTILIZATION OF PERICARP COLOR1 (P1) AND OTHER ANTHOCYANIN GENES AS SEED MARKERS FOR WHEAT (en)
FILE REFERENCE: 7771-US-NP
CURRENT APPLICATION NUMBER: US/18/064,423
CURRENT FILING DATE: 2022-12-12
NUMBER OF SEQ ID NOS: 18
SEQ ID NO 6
LENGTH: 346
TYPE: PRT
FEATURE:
NAME/KEY: source
LOCATION: 1..346
QUALIFIERS: mol_type = protein
organism = Triticum aestivum
Query Match 100.0%; Score 1833; Length 346;
Best Local Similarity 100.0%;
Matches 346; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 MGRAPCCEKVGLKRGRWTAEEDDILANYIAKHGEGSWRSLPKNAGLLRCGKSCRLRWINY 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 MGRAPCCEKVGLKRGRWTAEEDDILANYIAKHGEGSWRSLPKNAGLLRCGKSCRLRWINY 60
Qy 61 LRDGVRRGNISKEEDDLIVKLHATLGNRWSLIASHLPGRTDNEIKNYWNSHLSRQIHTFR 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 61 LRDGVRRGNISKEEDDLIVKLHATLGNRWSLIASHLPGRTDNEIKNYWNSHLSRQIHTFR 120
Qy 121 RIYTAVSDTAITVDVNKLSAAGKRRGGRTPGQSPRSSTKKKPVPEPITKAKDESSPAGAA 180
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 121 RIYTAVSDTAITVDVNKLSAAGKRRGGRTPGQSPRSSTKKKPVPEPITKAKDESSPAGAA 180
Qy 181 SSVSSSPHSDEARSAVVDPDQNQPNNSISVSHTSDGPCSEDGTWPMVMDPVDQTGVLEAN 240
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 181 SSVSSSPHSDEARSAVVDPDQNQPNNSISVSHTSDGPCSEDGTWPMVMDPVDQTGVLEAN 240
Qy 241 CTVDQQMGLWEVNSSMNQIGIMEDESEMQALLSSSVTAENGLVGIDPGGLSQVDDLLDMD 300
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 241 CTVDQQMGLWEVNSSMNQIGIMEDESEMQALLSSSVTAENGLVGIDPGGLSQVDDLLDMD 300
Qy 301 WEGFASHLWDQPAQNGLLQPAEPQAAKGSESDELESFVSWLLSDAC 346
||||||||||||||||||||||||||||||||||||||||||||||
Db 301 WEGFASHLWDQPAQNGLLQPAEPQAAKGSESDELESFVSWLLSDAC 346
RESULT 2
US-18-064-423-8
Sequence 8, US/18064423
Publication No. US20230183738A1
GENERAL INFORMATION
APPLICANT: Pioneer Hi-Bred International, Inc. (en)
TITLE OF INVENTION: UTILIZATION OF PERICARP COLOR1 (P1) AND OTHER ANTHOCYANIN GENES AS SEED MARKERS FOR WHEAT (en)
FILE REFERENCE: 7771-US-NP
CURRENT APPLICATION NUMBER: US/18/064,423
CURRENT FILING DATE: 2022-12-12
NUMBER OF SEQ ID NOS: 18
SEQ ID NO 8
LENGTH: 314
TYPE: PRT
FEATURE:
NAME/KEY: source
LOCATION: 1..314
QUALIFIERS: mol_type = protein
organism = Triticum aestivum
Query Match 61.0%; Score 1119; Length 314;
Best Local Similarity 65.7%;
Matches 230; Conservative 29; Mismatches 51; Indels 40; Gaps 10;
Qy 1 MGRAPCCEKVGLKRGRWTAEEDDILANYIAKHGEGSWRSLPKNAGLLRCGKSCRLRWINY 60
|||||||||||||||||||:||| || |||:||||||||||:|||||||||||||||:||
Db 1 MGRAPCCEKVGLKRGRWTAKEDDTLAKYIARHGEGSWRSLPQNAGLLRCGKSCRLRWVNY 60
Qy 61 LRDGVRRGNISKEEDDLIVKLHATLGNRWSLIASHLPGRTDNEIKNYWNSHLSRQIHTFR 120
||||||||| | |||||||||||||||||||||||||||||||||||||:||||: |:||
Db 61 LRDGVRRGNFSNEEDDLIVKLHATLGNRWSLIASHLPGRTDNEIKNYWNAHLSRRSHSFR 120
Qy 121 RIYTAVSDTAITVDVNKLSAAGKRRGGRTPGQSPRSSTKKKPVPEPITKAKDESSPAGA- 179
:|| :| ||:|:||:|| |||||| :|||| ||:||||| ||: : ||| |
Db 121 HTHTAGKETTITIDINKISATSKRRGGR----APRSSMKKQPVPEP-TKSTESSSPVPAI 175
Qy 180 ASSVSSSPHSDEARSAVVDPDQNQPNNSISVSHTSDGPCSEDGTWPMVMDPVD-QTGVLE 238
:|| || | |:||| ||| :| ||| | || |||:
Db 176 SSSTSSLPQGYS--------DKNQPINSI----PNDMPCS---------DHVDLNGGVLK 214
Qy 239 ANCTVDQQMGLWEVNSSMNQIGIMEDESEMQALLSS-SVTAENGLVGIDPGG-LSQVDDL 296
| | |||||||:|:|||:: |||| :|| |: || | |:||
Db 215 PNYAKD----------SMNQIGILEEESEIEGLLSSMDDMPASGLNGLQHGGHLPLVEDL 264
Qy 297 LDMDWEGFASHLWDQPAQNGLLQPAEPQAAKGSESDELESFVSWLLSDAC 346
|||||||||:||||||||: |||||||| || |||||||| ||||| |
Db 265 LDMDWEGFATHLWDQPAQSDQLQPAEPQATMGSVSDELESFVHWLLSDTC 314
The instant specification does not provide enough sequences to describe the genus of P1 sequences at as low as 85% sequence identity, or the genus of fragments of P1 sequences, by virtue of example. There appears to be a dearth of description of the elected P1 sequence that would be expected to have the required function (that function being P1 gene that is used as a screenable marker). As such, the structural features that distinguish nucleotides with 85% identity to SEQ ID NO: 6 and fragments of SEQ ID NO: 6, from other nucleotides with 85% identity to SEQ ID NO: 6 and fragments of SEQ ID NO: 6 are not described in the instant specification. The specification fails to provide an adequate written description to support sequences with 85% identity to SEQ ID NO: 6 and fragments of SEQ ID NO: 6 that are able to effectively confer the function of a sequence encoding a P1 screenable marker. The limited examples of 100% identity to the recited sequences do not describe the claimed genus by virtue of example. Therefore, one of ordinary skill in the art would not have recognized the Applicant to be in possession of the claimed invention at the time the application was filed.
Claim Rejections - 35 USC § 101
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.
Claims 1 and 2 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a natural phenomenon without significantly more.
This is a new rejection necessitated Applicant’s amendments that have resulted in the rejoinder of claims 1-3.
The claim(s) recite(s) i. “a polynucleotide encoding a screenable marker for seed selection, wherein the polynucleotide is selected from the group consisting of: a) a nucleotide sequence of SEQ ID NO: 1, 3, 5, 7, or 9; b) a nucleotide sequence that is at least 85% identical to the nucleotide sequence of SEQ ID NO: 1, 3,5, 7, or 9; c) a nucleotide fragment of the nucleotide sequence of part a; d) a nucleotide fragment of the nucleotide sequence of part b; e) a nucleotide that encodes a polypeptide with an amino acid sequence of SEQ ID NO: 2, 4,6, 8, or 10; f) a nucleotide that encodes a polypeptide that is at least 85% identical to the amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10; wherein the polynucleotide is operably linked to a promoter that expresses in seed” (claim 1); and ii. “a seed comprising the polynucleotide of claim 1” (claim 3). This judicial exception is not integrated into a practical application because the claims are drawn to naturally occurring pericarp 1 sequences from various plant species, and these sequences naturally express and impart color to the seed pericarp (¶0013 of specification). Therefore, the recited nucleotide sequences are operably linked to a promoter that expresses in seed, and the polynucleotide and a seed comprising the polynucleotide are products that would naturally be found in nature. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because no additional elements are recited in the claims that would make the polynucleotide or a seed comprising the polynucleotide structurally different from a from a naturally occurring polynucleotide or a seed comprising the polynucleotide.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tonelli (WO-2008128761-A2).
This is a new rejection necessitated Applicant’s amendments that have resulted in the rejoinder of claims 1-3.
Claim 1 is drawn to a polynucleotide encoding a screenable marker for seed selection, wherein the polynucleotide is selected from the group consisting of: a) a nucleotide sequence of SEQ ID NO: 1, 3, 5, 7, or 9; b) a nucleotide sequence that is at least 85% identical to the nucleotide sequence of SEQ ID NO: 1, 3, 5, 7, or 9; c) a nucleotide fragment of the nucleotide sequence of part a; d) a nucleotide fragment of the nucleotide sequence of part b; e) a nucleotide that encodes a polypeptide with an amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10; f) a nucleotide that encodes a polypeptide that is at least 85% identical to the amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10; wherein the polynucleotide is operably linked to a promoter that expresses in seed.
Claim 3 is drawn to a seed comprising the polynucleotide of claim 1.
Regarding claim 1, Tonelli discloses hybrids maize plants comprising a pericarp color 1 gene which is obtained by crossing selected inbred lines (p. 6, lines 14-22 and p. 7, lines 18-20, and claim 1 of Tonelli). Tonelli discloses the pericarp color 1 nucleotide sequence (SEQ ID NO: 3 of Tonelli) comprises a nucleotide sequence having 96.3% sequence identity to instant SEQ ID NO: 3 (see alignment below). Furthermore, because the pericarp color 1 gene is integrated into and expressed in the hybrid maize plant via crossing, it is reasonably interpreted the pericarp color 1 gene is operably linked to the pericarp color 1 promoter which is a promoter that naturally expresses in seed pericarp (see specification, ¶0013).
Regarding claim 3, Tonelli discloses a seed of the maize plant comprising the pericarp color 1 gene (claim 3 of Tonelli) (i.e. at least some of the seeds would reasonably be interpreted to comprise the polynucleotide of claim 1, therefore Tonelli discloses seeds comprising the polynucleotide of claim 1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 are separately rejected under 35 U.S.C. 103 as being unpatentable over Albertsen (US Patent No. US-10519464-B2) and Tonelli (WO-2008128761-A2).
This is a new rejection necessitated Applicant’s amendments that have resulted in the rejoinder of claims 1-3.
Claim 1 is drawn to a polynucleotide encoding a screenable marker for seed selection, wherein the polynucleotide is selected from the group consisting of: a) a nucleotide sequence of SEQ ID NO: 1, 3, 5, 7, or 9; b) a nucleotide sequence that is at least 85% identical to the nucleotide sequence of SEQ ID NO: 1, 3, 5, 7, or 9; c) a nucleotide fragment of the nucleotide sequence of part a; d) a nucleotide fragment of the nucleotide sequence of part b; e) a nucleotide that encodes a polypeptide with an amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10; f) a nucleotide that encodes a polypeptide that is at least 85% identical to the amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10; wherein the polynucleotide is operably linked to a promoter that expresses in seed.
Claim 2 is drawn to a recombinant DNA construct comprising the polynucleotide of claim 1.
Regarding claim 1, Albertsen teaches transforming male sterile plants with a functional copy of Ms1 linked to a seed marker gene (RFP) under control of the LTP2 promoter which expresses in seed tissue to identify male-fertile seed (Example 8 of Albertsen). In an alternative embodiment, Albertsen teaches other screenable markers include the p1 gene (Col. 16, lines 6-12).
Regarding claim 2, Albertsen teaches the screenable markers is introduced using an expression cassette (i.e. a recombinant DNA construct comprising the polynucleotide of claim 1) (Example 7 of Albertsen).
However, Albertsen does not explicitly teach wherein the polynucleotide is selected from the group consisting of: a) a nucleotide sequence of SEQ ID NO: 1, 3, 5, 7, or 9; b) a nucleotide sequence that is at least 85% identical to the nucleotide sequence of SEQ ID NO: 1, 3, 5, 7, or 9; c) a nucleotide fragment of the nucleotide sequence of part a; d) a nucleotide fragment of the nucleotide sequence of part b; e) a nucleotide that encodes a polypeptide with an amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10; or f) a nucleotide that encodes a polypeptide that is at least 85% identical to the amino acid sequence of SEQ ID NO: 2, 4, 6, 8, or 10.
In analogous art, Tonelli teaches a pericarp color 1 nucleotide sequence (SEQ ID NO: 3 of Tonelli) that comprises a nucleotide sequence having 96.3% sequence identity to instant SEQ ID NO: 3 (see alignment below).
It would therefore have been obvious to a person of ordinary skill in the art to modify the invention taught by Albertsen to include the limitations of Tonelli to arrive at the instantly claimed method with a reasonable expectation of success because Albertsen teaches screenable markers, including p1, can be used to identify male fertile seeds produced from male sterile plants to obtain maintainer lines (Example 7 of Albertsen, Col. 16, lines 6-12) and Tonelli teaches a known and readily available p1 gene sequence (SEQ ID NO: 3 of Tonelli) that also satisfies the requirements of the instant claims. One having ordinary skill in the art would have been motivated to combine the teachings because it would have been prima facie obvious to substitute the p1 gene taught by Albertsen with another known and readily obtainable sequence of a p1 gene for the same purpose.
Alignments
Alignment of instant SEQ ID NO: 3 (Qy) with SEQ ID NO: 3 of Tonelli (Db):
RESULT 5
ATS50706
(NOTE: this sequence has 2 duplicates in the database searched.
See complete list at the end of this report)
ID ATS50706 standard; DNA; 1802 BP.
XX
AC ATS50706;
XX
DT 16-APR-2009 (revised)
DT 24-DEC-2008 (first entry)
XX
DE Maize pericarp color 1 gene P1, SEQ ID NO:3.
XX
KW crop improvement; toxin; food-additive; feedstuff; feed-additive;
KW antioxidant; plant; chromosome 1; pericarp color 1 gene; ds.
XX
OS Zea mays.
XX
CC PN WO2008128761-A2.
XX
CC PD 30-OCT-2008.
XX
CC PF 23-APR-2008; 2008WO-EP003253.
XX
PR 23-APR-2007; 2007IT-MI000841.
XX
CC PA (UYMI-) UNIV MILANO.
XX
CC PI Tonelli C, Pilu SR, Petroni K;
XX
DR WPI; 2008-O19519/82.
DR PC:NCBI; gi162463180.
DR PC_ENCPRO:NCBI; gi162463181.
XX
CC PT New maize plant comprises genotypes for booster 1, purple plant 1,
CC PT pericarp color 1, red color 1, colored aleurone 1, and/or scutellar node
CC PT color 1 genes; useful for preparing foodstuff and as raw material for
CC PT extracting pigments.
XX
CC PS Claim 1; SEQ ID NO 3; 21pp; English.
XX
CC The present invention relates to a novel maize plant which comprises
CC genotypes for booster 1, purple plant 1, pericarp color 1, red color 1,
CC colored aleurone 1, and/or scutellar node color 1 genes. The maize plants
CC have low susceptibility to mycotoxin contamination and high anthocyanin
CC accumulation in tissues and is useful as a starting raw material for
CC extracting antioxidant pigments, i.e. anthocyanins for human or animal
CC consumption. The maize plant is further used for preparing foodstuff for
CC human or animal consumption in the form of maize kernels or silage. The
CC present sequence represents a nucleotide sequence of maize pericarp color
CC 1 gene P1 present on chromosome 1 used for preparing foodstuff for human
CC or animal consumption.
CC
CC Revised record issued on 29-MAR-2009 : Enhanced with precomputed
CC information from BOND.
XX
SQ Sequence 1802 BP; 352 A; 569 C; 612 G; 269 T; 0 U; 0 Other;
Query Match 96.3%; Score 1148.4; Length 1802;
Best Local Similarity 99.4%;
Matches 1185; Conservative 0; Mismatches 1; Indels 6; Gaps 3;
Qy 1 ATGGGGAGGACGCCGTGCTGCGAGAAGGTGGGGCTCAAGCGAGGGAGGTGGACGGCGGAA 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 320 ATGGGGAGGACGCCGTGCTGCGAGAAGGTGGGGCTCAAGCGAGGGAGGTGGACGGCGGAA 379
Qy 61 GAGGACCAGTTACTTGCCAACTACATTGCGGAGCACGGCGAGGGGTCCTGGAGGTCGCTG 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 380 GAGGACCAGTTACTTGCCAACTACATTGCGGAGCACGGCGAGGGGTCCTGGAGGTCGCTG 439
Qy 121 CCCAAGAATGCAGGCCTGCTCCGGTGCGGCAAGAGCTGCCGGCTCCGGTGGATCAACTAC 180
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 440 CCCAAGAATGCAGGCCTGCTCCGGTGCGGCAAGAGCTGCCGGCTCCGGTGGATCAACTAC 499
Qy 181 CTTCGGGCGGACGTCAAGAGGGGGAACATCTCCAAGGAGGAAGAAGACATCATCATCAAG 240
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 500 CTTCGGGCGGACGTCAAGAGGGGGAACATCTCCAAGGAGGAAGAAGACATCATCATCAAG 559
Qy 241 CTCCACGCCACCCTCGGCAACAGGTGGTCCCTGATCGCCAGCCACCTCCCCGGCCGAACA 300
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 560 CTCCACGCCACCCTCGGCAACAGGTGGTCCCTGATCGCCAGCCACCTCCCCGGCCGAACA 619
Qy 301 GACAACGAGATCAAGAACTACTGGAACTCGCACCTCAGCCGGCAGATCCACACGTACCGC 360
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 620 GACAACGAGATCAAGAACTACTGGAACTCGCACCTCAGCCGGCAGATCCACACGTACCGC 679
Qy 361 CGGAAATACACCGCCGGGCCTGACGACACCGCCATCGCCATCGACATGAGCAAGCTGCAG 420
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 680 CGGAAATACACCGCCGGGCCTGACGACACCGCCATCGCCATCGACATGAGCAAGCTGCAG 739
Qy 421 AGCGCCGACAGGCGGCGCGGCGGCAGGACCCCGGGCCGGCCGCCGAAGGCTAGCGCCAGC 480
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 740 AGCGCCGACAGGCGGCGCGGCGGCAGGACCCCGGGCCGGCCGCCGAAGGCTAGCGCCAGC 799
Qy 481 AGGACCAAGCAGGCGGACGCCGATCAGCCCGGCGGCGAGGCGAAAGGCCCGGCCGCGGCG 540
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 800 AGGACCAAGCAGGCGGACGCCGATCAGCCCGGCGGCGAGGCGAAAGGCCCGGCCGCGGCG 859
Qy 541 GCGTCGAGCCCGCGGCACAGCGACGTGGTGAACCCGGGCCCGAACCAGCCCAACAGCAGC 600
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 860 GCGTCGAGCCCGCGGCACAGCGACGTGGTGAACCCGGGCCCGAACCAGCCCAACAGCAGC 919
Qy 601 AGCGGCAGCACGGGCACGGCCGAGGAGGAGGGGCCCAGCAGCGAGGACGCGAGCGGGCCG 660
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 920 AGCGGCAGCACGGGCACGGCCGAGGAGGAGGGGCCCAGCAGCGAGGACGCGAGCGGGCCG 979
Qy 661 TGGGTGCTGGAGCCGATAGAGCTCGGGGACCTAGTCTGGGGGGAGGCCGACAGCGAGATG 720
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 980 TGGGTGCTGGAGCCGATAGAGCTCGGGGACCTAGTCTGGGGGGAGGCCGACAGCGAGATG 1039
Qy 721 GACGCCCTGATGCCTATCGGGCCCGGCGGCCACGACTCGGCTGCCCTCGAAGGGCTTGGC 780
||||||||||||||||||||||||||||| ||||||||||||||||||||||||||||||
Db 1040 GACGCCCTGATGCCTATCGGGCCCGGCGG-CACGACTCGGCTGCCCTCGAAGGGCTTGGC 1098
Qy 781 GCGGTCGGCTGCGAGGCCCAGGTGGACGACCTGTTCGACATGGACTGGGATGGCTTCGCG 840
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1099 GCGGTCGGCTGCGAGGCCCAGGTGGACGACCTGTTCGACATGGACTGGGATGGCTTCGCG 1158
Qy 841 GCCCATCTGTGGGGCGGGCCGGAGCAGGACGAGCACAGCGCGCAGCTGCGGCAGGCCGCC 900
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1159 GCCCATCTGTGGGGCGGGCCGGAGCAGGACGAGCACAGCGCGCAGCTGCGGCAGGCCGCC 1218
Qy 901 GAGCCGCTGGAAGTTGCTGCTGCTGCTGCTGCTGCGACGGCGGCCCGCACCCCGGACGAT 960
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1219 GAGCCGCTGGAAGTTGCTGCTGCTGCTGCTGCTGCGACGGCGGCCCGCACCCCGGACGAT 1278
Qy 961 CGCGAGCTGGAGGCGTTCGAGACTTGGCTCCTGTCCGACTCGTTCTGACGGCTCCGGTCA 1020
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1279 CGCGAGCTGGAGGCGTTCGAGACTTGGCTCCTGTCCGACTCGTTCTGACGGCTCCGGTCA 1338
Qy 1021 CCGGACCGATCAGACAGACCAAATAATTGGGTCACGTGTGCTCGCTCGCTCGCTCGCTGC 1080
||||||||||||||||||||||||||||||||||||||| |||||||||||||||||
Db 1339 CCGGACCGATCAGACAGACCAAATAATTGGGTCACGTGT----GCTCGCTCGCTCGCTGC 1394
Qy 1081 CGTCGCGTGGGTCTTGGTTCAGATGGCCAAATAATTGGGAAAAAAATTCTACGCGGCAGG 1140
||||||||||||||||||||||||||||||||||||||||||||||||||||| | ||||
Db 1395 CGTCGCGTGGGTCTTGGTTCAGATGGCCAAATAATTGGGAAAAAAATTCTACG-GCCAGG 1453
Qy 1141 GCCGTAAAGCCACCACCGTGCGCTCCTGATGTCGATGCCTGCCGCGTGGAGC 1192
||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1454 GCCGTAAAGCCACCACCGTGCGCTCCTGATGTCGATGCCTGCCGCGTGGAGC 1505
Closest Prior art
Claims 4, 7-8, and 18-20 appear free of the prior art.
Regarding claims 4, 7-8, and 18-20, the closest prior art is Albertsen(b) (US Patent No. US-10155962-B2). Albertsen(b) teaches a method of conferring male fertility to a mutated MS45 male-sterile wheat plant wherein said method comprises introducing into said mutated MS45 male-sterile wheat plant a polynucleotide operably linked to a promoter that drives expression in the plant, said polynucleotide comprising a nucleotide sequence comprises at least 95% sequence identity to SEQ ID NO: 15 of Albertsen(b) (i.e. functional Ms45), wherein said nucleotide sequence confers male fertility to a mutated MS45 male-sterile plant when expressed in said plant; and expressing said polynucleotide in the plant to confer male fertility to the plant (claim 1 of Albertson(b)). Albertsen(b) specifies one of ordinary skill in the art would understand the Ms45 restoration polynucleotide is introduced into a plant homozygous for the male-sterile allele to observe male fertility (Col. 7, lines 53-67 through Col. 8, lines 1-3). Furthermore, Albertsen(b) also teaches the expression cassettes disclosed in Albertsen(b)'s invention may comprise a polynucleotide of interest encoding screenable markers including the p1 gene (Col. 14, lines 30-44).
However, Albertsen(b) does not disclose, teach, or otherwise render obvious wherein the polynucleotide is a nucleotide that encodes a polypeptide that is at least 95% identical to the amino acid sequence of SEQ ID NO: 6.
Conclusion
Claims 4, 8, and 18-20 are objected to.
Claims 1-3 and 7 are rejected.
THIS ACTION IS MADE FINAL. 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 JESSICA N STOCKDALE whose telephone number is (703)756-5395. The examiner can normally be reached M-F 8:30-5:00 CT.
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JESSICA N. STOCKDALE
Examiner
Art Unit 1663
/JESSICA NICOLE STOCKDALE/Examiner, Art Unit 1663
/CHARLES LOGSDON/Primary Examiner, Art Unit 1662