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 .
The objection to Claims 13-14, 29, 30, 32, 34, and 35 under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only, has been withdrawn in light of Applicant’s amendment of the claims. The claims have been incorporated into the modified Requirement for Restriction/Election as set forth below.
Election/Restrictions
Applicant's election with traverse of Group “I” and Species “a” from List “A” in the reply filed on 14 July 2025 is acknowledged. Due to Applicant’s amendment of the claims, the Requirement for Restriction/Election has been modified to reflect the amendments, as set forth below.
I. Claims 1-5, 10, 12-20, 21, 23, 24, 28-29, and 30-34 drawn to plants comprising a modified YSL9 gene, plant parts thereof, seeds, and propagation materials comprising said modified gene, methods of making said plants, and methods of using said plants in plant breeding, classified in C12N 15/8283;
II. Claim 6-9, 11, 31 and 35, drawn to plants comprising a modified HsfA2 gene, plant parts thereof, and propagation materials comprising said modified gene, methods of making said plants, and methods of using said plants in plant breeding, classified in classified in C12N 15/8283;
III. Claim 25, drawn to markers for detecting a modified YSL9 gene, classified in C12Q 1/6895.
IV. Claim 26, drawn to markers for detecting a modified HsfA2, classified in C12Q 1/6895.
V. Claims 22 and 27, drawn to a method of selecting plants resistant to a Begomovirus comprising identifying the presence of a modification in the YSL9, classified in A01H 1/04.
Group VI no longer applies as the species have been amended and now read on different groups.
Because of Applicant’s amendment of the claims, there are no longer any claims which link the groups of inventions.
Applicant traverses both the restriction between the groups of inventions and the species elections. The traversal is on the grounds that there is no search burden and there is disclosure of a relationship between the mutations of YSL9 or HsfA2. This is not found persuasive. The groups require searches of different genes that occur on separate chromosomes (e.g. YSL9 or HsfA2), the inventions have acquired a separate status in the art in view of their different classification and are distinct, as set forth in Office action mailed 14 May 2025. However, in light of elected species being free of the prior art, examiner has rejoined the species of List A.
The requirement is still deemed proper and is therefore made FINAL.
In a telephone call on 19 December 2025 Examiner spoke with Applicant’s representative, Mr. Thomas Kowalski, to inform Applicant of the modification of the Requirement for Restriction/Election in light of Applicant’s amendments to the claims. Mr. Kowalski informed Examiner that Applicant maintained the election of Group I.
Claims 1-35 are pending.
Claims 1-5, 10, 12-20, 21, 23, 24, 28-29, and 30 and 32-34 are examined herein.
Claims 6-9, 11, 22, 25-27, 31, and 35 are withdrawn from consideration as being drawn to non-elected groups.
Claim Objections
Claim 12 is objected to because of the following informalities: lines 2-3 recite “wherein the propagation material is suitable for sexual reproduction, and a microspore, pollen, ovary, ovule, embryo sac or an egg cell”. It appears that “comprises” should be inserted between the word “and” and the words “a microspore”.
Appropriate correction is required.
Claim Interpretation
Claims 1, 21, 23, and 30 recite the limitation “a modified Yellow Leaf Specific gene 9 (YLS9 gene), the wild type of which has a coding sequence according to SEQ ID NO: 2, wherein the modified YLS9 gene encodes a modified YLS9 protein having SEQ ID NO: 3 or the wild type of which encodes a protein having at least 95% sequence identity to SEQ ID NO: 3”. However, from Applicant’s disclosures, it appears that SEQ ID NO:3 is the wildtype YLS9 gene, and not a modified YSL9 protein (see, for example, the Sequence Listing; Specification, Table 1 and ¶00143). For the purpose of examination, and using withdrawn claim 6 as a guide, the limitation is interpreted as “ a modified Yellow Leaf Specific gene 9 (YLS9 gene), the wild type of which has a coding sequence according to SEQ ID NO: 2 encoding a YSL9 protein having SEQ ID NO: 3 or the wild type of which encodes a protein having at least 95% sequence identity to SEQ ID NO: 3”.
Claim Rejections - 35 USC § 112
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 1-5, 10, 12-20, 21, 23, 24, 28-29, and 30 and 32-34 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. All dependent claims are included unless otherwise specified.
Claims 1, 21, 23, and 30 recite the limitation “a modified Yellow Leaf Specific gene 9 (YLS9 gene), the wild type of which has a coding sequence according to SEQ ID NO: 2, wherein the modified YLS9 gene encodes a modified YLS9 protein having SEQ ID NO: 3 or the wild type of which encodes a protein having at least 95% sequence identity to SEQ ID NO: 3”. However, from Applicant’s disclosures, it appears that SEQ ID NO:3 is the wildtype YLS9 gene, and not a modified YSL9 protein (see, for example, the Sequence Listing; Specification, Table 1 and ¶00143). Thus, the metes and bounds of the claims are completely unclear. For the purpose of examination, and using withdrawn claim 6 as a guide, the limitation is interpreted as “ a modified Yellow Leaf Specific gene 9 (YLS9 gene), the wild type of which has a coding sequence according to SEQ ID NO: 2 encoding a YSL9 protein having SEQ ID NO: 3 or the wild type of which encodes a protein having at least 95% sequence identity to SEQ ID NO: 3”.
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 2-3, 10, 20, 21, 23, 24, 30, 32-33 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.
Claim 2 is broadly drawn to any Cucurbitaceae plant, comprising a modified YSL9 gene, wherein the modified gene comprises a mutation wherein said mutation results in an absence of a functional YLS9 protein and wherein said mutation comprises a) a deletion of an adenine at position 551 in SEQ ID NO: 2, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2; or b) a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2, or wherein the modified gene encodes a protein having an amino acid replacement at position 26 of SEQ ID NO: 3 or at a corresponding position of a homologous amino acid sequence having at least 95% sequence identity to SEQ ID NO: 3, and wherein the modified gene is present heterozygously or the gene is present homozygously and the homozygous presence of the gene results in resistance to any Begomovirus.
Claim 3 is drawn to the plant of claim 2, where the plant is a hybrid, the modified gene is present homozygously and the Begomovirus is ToLCNDV or ToLCPMV.
Claim 10 is drawn to the plant of claim 2, wherein the modified YSL9 gene is present heterozygously.
Claim 20 is drawn to the plant of claim 2, wherein the modified YSL9 gene is present homozygously and the homozygous presence of the gene results in resistance to a Begomovirus.
Claim 21 is drawn to a method of producing a Begomovirus resistant Cucurbitaceae plant comprising introducing a modification into a YSL9 gene homozygously, wherein the modified YSL9 gene comprises a mutation and wherein said mutation comprises a) a deletion of an adenine at position 551 in SEQ ID NO: 2, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2; or b) a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2, or wherein the modified gene encodes a protein having an amino acid replacement at position 26 of SEQ ID NO: 3 or at a corresponding position of a homologous amino acid sequence having at least 95% sequence identity to SEQ ID NO: 3, and wherein the modified gene is present homozygously and the homozygous presence of the gene results in resistance to any Begomovirus.
Claim 23 drawn to a method of producing a Begomovirus resistant Cucurbitaceae plant comprising a modified YSL9 gene homozygously, by crossing a first Cucurbitaceae plant comprising a modified YSL9 gene with a second Cucurbitaceae plant, wherein the modified YSL9 gene comprises a mutation and wherein said mutation comprises a) a deletion of an adenine at position 551 in SEQ ID NO: 2, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2; or b) a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2, or wherein the modified gene encodes a protein having an amino acid replacement at position 26 of SEQ ID NO: 3 or at a corresponding position of a homologous amino acid sequence having at least 95% sequence identity to SEQ ID NO: 3, and wherein the modified gene is present homozygously and the homozygous presence of the gene results in resistance to any Begomovirus.
Claim 24 is drawn to the method of claim 23, wherein the Cucurbitaceae plants are Cucumis sativus plants.
Claim 30 drawn to a method of producing a Begomovirus resistant hybrid Cucurbitaceae seed by crossing a first Cucurbitaceae plant comprising a modified YSL9 gene with a second Cucurbitaceae plant comprising a modified YSL9 gene, wherein the modified YSL9 gene comprises a mutation and wherein said mutation comprises a) a deletion of an adenine at position 551 in SEQ ID NO: 2, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2; or b) a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2, or wherein the modified gene encodes a protein having an amino acid replacement at position 26 of SEQ ID NO: 3 or at a corresponding position of a homologous amino acid sequence having at least 95% sequence identity to SEQ ID NO: 3.
Claim 32 is drawn to the hybrid seed produced by claim 30.
Claim 33 is drawn to a plant grown from the hybrid seed of claim 32.
Applicant discloses cucumber (i.e. Cucumis sativus) plants, that comprise a modified YSL9 gene which comprises both mutations listed above (i.e. a deletion of an adenine at position 551 in SEQ ID NO: 2 and a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine) and that only when said modified YSL9 gene is present homozygously does the modified gene confer resistance to two Begomoviruses, ToLCNDV and ToLCPMV (¶0065-0066, 00151, 00154). Applicant further discloses that the frameshift mutation, in particular, is responsible for the resistance as it alters the structure of the protein (¶0137).
Applicant discloses that said ToLCNDV and ToLCPMV resistant cucumber plants were derived from plants of an internal cucumber breeding accession GBN1489.
Applicant does not disclose any cucumber plants with resistance to any other Begomoviruses beyond ToLCNDV and ToLCPMV.
Applicant does not disclose any cucumber plants with resistance to ToLCNDV or ToLCPMV which comprise the modified YSL9 heterozygously.
Applicant does not disclose any cucumber plants with resistance to ToLCNDV or ToLCPMV which comprise a modified YSL9 gene (either heterozygously or homozygously) wherein the only modification is the nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine.
Applicant does not disclose any other Begomovirus resistant Cucurbitaceae plants which comprise the claimed modified YSL9 gene.
Mahatma et al teaches that Begomoviruses are highly diverse with a relatively rapid rate of evolution, which allows them to overcome hosts’ resistance (Mahatma et al. 2016 Epidemiology of Begomoviruses: A Global Perspective. Plant Viruses: Evolution and Management. Page 181, paragraph bridging left and right columns). Mahatma provides examples of Begomoviruses breaking resistance in previously resistant plant varieties due to the emergence of new, more virulent strains (see examples directed to CLCuD; page 178, first column; page 181, paragraph bridging left and right columns). Taken together, the teachings of Mahatma indicate that even cultivars resistant to one Begomovirus can be susceptible to infection by a closely related virus or a new strain of the virus to which the cultivar was previously resistant.
Yan et al teaches that plants which comprise the Tm-22 resistance gene are resistant to tobacco mosaic virus and tomato mosaic virus but are susceptible to a different Begomovirus, ToBRFV (Yan et al, 2021, Molecular Plant Pathology 22:1347-1357; page 1348, column 2, paragraph 1).
In light of the teachings of the two references cited above, one of ordinary skill in the art would recognize that a source of resistance to one Begomovirus would not predictably provide effective resistance against another Begomovirus.
Hence, applicant has not correlated the presence of the modified YSL9 gene (homozygously) and resistance against all Begomovirus in all Cucurbitaceae and such a correlation is not known in the art. Applicant has not described any plants comprising the modified YSL9 gene heterozygously where the presence of the gene heterozygously confers resistance to ToLCNDV or ToLCPMV in cucumber plants or any other plants of Cucurbitaceae. Applicant has not described any ToLCNDV or ToLCPMV resistant cucumber plants comprising the modified YSL9 gene wherein the modification only comprises a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine. The only described species, i.e. ToLCNDV and ToLCPMV resistant cucumber plants, that comprise a modified YSL9 gene homozygously, wherein the modification comprises both a deletion of an adenine at position 551 in SEQ ID NO: 2 and a nucleotide substitution at position 76 of SEQ ID NO: 2, (wherein a cytosine is replaced by an adenine) is not sufficiently representative of the broadly claimed genus. Furthermore, applicant does not disclose a structure-function relationship nor is there one known in the art, that would allow one to envision which Cucurbitaceae plants, when comprising a modified YSL9 as claimed by applicant, would comprise resistance to any Begomovirus and which would not comprise such resistance.
Therefore, Applicant has not met the written description requirement as set forth by 35 USC 112(a).
Scope of enablement
Claims 1-5, 10, 12-20, 21, 23, 24, 28-29, and 30 and 32-34 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a) ToLCNDV and ToLCPMV resistant cucumber plants that homozygously comprise a modified YSL9 gene, wherein the modified YSL9 gene comprises both a deletion of an adenine at position 551 in SEQ ID NO: 2 and a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine, and b) cucumber plants that heterozygously comprise a modified YSL9 gene, wherein the modified YSL9 gene comprises both a deletion of an adenine at position 551 in SEQ ID NO: 2 and a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine, the specification does not reasonably provide enablement for the other claimed embodiments. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make or use the invention commensurate in scope with these claims.
The claims are broadly drawn to drawn to any Cucurbitaceae plant, comprising a modified YSL9 gene, wherein the modified gene comprises a mutation wherein said mutation results in an absence of a functional YLS9 protein and wherein said mutation comprises a) a deletion of an adenine at position 551 in SEQ ID NO: 2, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2; or b) a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine, or at a corresponding position of a homologous sequence having at least 95% sequence identity to SEQ ID NO: 2, or wherein the modified gene encodes a protein having an amino acid replacement at position 26 of SEQ ID NO: 3 or at a corresponding position of a homologous amino acid sequence having at least 95% sequence identity to SEQ ID NO: 3. The claims are further drawn to said plants wherein the genes are present homozygously or heterozygously, and wherein the modified genes confer resistance to any Begomovirus; methods of making and using said plants; and progeny and seed derived from said plants.
In contrast to the vast claimed genus, Applicant teaches cucumber (i.e. Cucumis sativus) plants, that comprise a modified YSL9 gene which comprises both mutations listed above (i.e. a deletion of an adenine at position 551 in SEQ ID NO: 2 and a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine) and that only when said modified YSL9 gene is present homozygously does the modified gene confer resistance to two Begomoviruses, ToLCNDV and ToLCPMV (¶0065-0066, 00151, 00154). Applicant further teaches that the frameshift mutation, in particular, is responsible for the resistance as it alters the structure of the protein (¶0137).
Applicant teaches that said ToLCNDV and ToLCPMV resistant cucumber plants were derived from plants of an internal cucumber breeding accession GBN1489.
Applicant does not teach any cucumber plants with resistance to any other Begomoviruses beyond ToLCNDV and ToLCPMV.
Applicant does not teach any cucumber plants with resistance to ToLCNDV or ToLCPMV which comprise the modified YSL9 heterozygously.
Applicant does not teach any cucumber plants with resistance to ToLCNDV or ToLCPMV which comprise a modified YSL9 gene (either heterozygously or homozygously) wherein the only modification is the nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine.
Applicant does not teach any other Begomovirus resistant Cucurbitaceae plants which comprise the claimed modified YSL9 gene.
Applicant has not taught how to confer resistance to any Begomovirus (aside from ToLCNDV or ToLCPMV) in any plant of Cucurbitaceae (aside from cucumber) by modifying a YSL9 gene in the plant or introducing a modified YSL9 gene into the plant, wherein the modification comprises a deletion of an adenine at position 551 in SEQ ID NO: 2 or a nucleotide substitution at position 76 of SEQ ID NO: 2, (wherein a cytosine is replaced by an adenine).
Mahatma et al teaches that Begomoviruses are highly diverse with a relatively rapid rate of evolution, which allows them to overcome hosts’ resistance (Mahatma et al. 2016 Epidemiology of Begomoviruses: A Global Perspective. Plant Viruses: Evolution and Management. Page 181, paragraph bridging left and right columns). Mahatma provides examples of Begomoviruses breaking resistance in previously resistant plant varieties due to the emergence of new, more virulent strains (see examples directed to CLCuD; page 178, first column; page 181, paragraph bridging left and right columns). Taken together, the teachings of Mahatma indicate that even cultivars resistant to one Begomovirus can be susceptible to infection by a closely related virus or a new strain of the virus to which the cultivar was previously resistant.
Yan et al teaches that plants which comprise the Tm-22 resistance gene are resistant to tobacco mosaic virus and tomato mosaic virus but are susceptible to a different Begomovirus, ToBRFV (Yan et al, 2021, Molecular Plant Pathology 22:1347-1357; page 1348, column 2, paragraph 1).
In light of the teachings of the two references cited above, one of ordinary skill in the art would recognize that a source of resistance to one Begomovirus would not predictably provide effective resistance against another Begomovirus.
Hence, applicant has not correlated the presence of the modified YSL9 gene (homozygously) and resistance against all Begomovirus in all Cucurbitaceae and such a correlation is not known in the art.
One of skill in the art would be reduced to resort to trial and error experimentation to determine which of the hundreds of species of Cucurbitaceae would exhibit resistance to any one of the hundreds of species of Begomovirus as a result of the plant comprising a modified YSL9 gene.
Applicant has not taught any plants comprising the modified YSL9 gene heterozygously where the presence of the gene heterozygously confers resistance to ToLCNDV or ToLCPMV in cucumber plants or any other plants of Cucurbitaceae. Applicant has not taught any ToLCNDV or ToLCPMV resistant cucumber plants comprising the modified YSL9 gene wherein the modification only comprises a nucleotide substitution at position 76 of SEQ ID NO: 2, wherein a cytosine is replaced by an adenine. The only described species are ToLCNDV and ToLCPMV resistant cucumber plants, that comprise a modified YSL9 gene homozygously, wherein the modification comprises both a deletion of an adenine at position 551 in SEQ ID NO: 2 and a nucleotide substitution at position 76 of SEQ ID NO: 2, (wherein a cytosine is replaced by an adenine).
Thus, given the lack of predictability in the art and the lack of guidance provided by Applicant, the disclosure in specification would not have enabled one of skill in the art to predictably make and use the full scope of the claimed invention without undue experimentation.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEKSANDAR RADOSAVLJEVIC whose telephone number is (571)272-8330. The examiner can normally be reached Monday--Friday 8-5:30.
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/ALEKSANDAR RADOSAVLJEVIC/ Examiner, Art Unit 1662
/BRATISLAV STANKOVIC/ Supervisory Patent Examiner, Art Units 1661 & 1662
Request for Information under 37 CFR § 1.105
Applicant and the assignee of this application are required under 37 CFR § 1.105 to provide the following information that the examiner has determined is reasonably necessary to the examination of this application.
This request is being made for the following reasons:
Applicant is claiming Cucurbitaceae plants comprising a modified YSL9 gene which confers resistance to ToLCNDV and ToLCPMV, methods of making and using said plants, and seeds and progeny thereof.
Applicant discloses that ToLCNDV and ToLCPMV resistant cucumber plants were derived from plants of an internal cucumber breeding accession GBN1489 and said modified YSL9 gene was identified from crosses made from internal cucumber breeding accession GBN1489. Applicant further indicates that the modified YSL9 gene is located on chromosome 1. A search of the prior art indicates that several QTLs conferring ToLCNDV resistance in cucumber plants are known to occur on chromosome 1.
In response to this requirement, if known, please provide answers to each of the following interrogatories eliciting factual information:
I. Please supply the breeding methodology and history regarding the development of the GBN1489.
a) Such information should include all of the public or commercial designations/denominations used for the original parental lines.
b) Information pertaining to the public availability of the original parental lines should be set forth.
c) Information pertaining to the homozygosity or heterozygosity of the parents as well as the GBN1489.
d) Please indicate the ultimate source of the modified YSL9 genes present in GBN1489.
If Applicant views any or all of the above requested information as a Trade Secret, then Applicant should follow the guidance of MPEP § 724.02 when submitting the requested information. If any part of the response is marked DO NOT SCAN, Applicant is reminded that a cover letter, not so marked, is to be included.
In responding to those requirements that require copies of documents, where the document is a bound text or a single article over 50 pages, the requirement may be met by providing copies of those pages that provide the particular subject matter indicated in the requirement, or where such subject matter is not indicated, the subject matter found in applicant' s disclosure. Please indicate where the relevant information can be found.
The fee and certification requirements of 37 CFR § 1.97 are waived for those documents submitted in reply to this requirement. This waiver extends only to those documents within the scope of this requirement under 37 CFR § 1.105 that are included in the applicant' s first complete communication responding to this requirement. Any supplemental replies subsequent to the first communication responding to this requirement and any information disclosures beyond the scope of this requirement under 37 CFR § 1.105 are subject to the fee and certification requirements of 37 CFR § 1.97 if submitted subsequent to a first Office action on the merits.
The applicant is reminded that the reply to this requirement must be made with candor and good faith under 37 CFR § 1.56. Where the applicant does not have or cannot readily obtain an item of required information, a statement that the item is unknown or cannot be readily obtained may be accepted as a complete reply to the requirement for that item.
/BRATISLAV STANKOVIC/ Supervisory Patent Examiner, Art Units 1661 & 1662