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 .
Election/Restrictions
Applicant’s election without traverse of Group III, claim 67, and species SEQ ID NO: 72 in the reply filed on 07/08/2025 is acknowledged. Applicants also elected the species of SEQ ID NO: 83, however this sequence is not encompassed by the claims of the elected group. New claim 92 reads on the elected group and is also examined herein. Claims 1, 3-5, 7, 9-11, 20, 21, 26, 28, 29, 52, 57, 59, and 60 are withdrawn from consideration as being drawn to non-elected inventions.
Claim Rejections - 35 USC § 102
(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.
Claim(s) 67 is rejected under 35 U.S.C. 102(a(1)/(a)(2) as being anticipated by Dawe et al. (WO 2021/252619, IDS filed 02/27/2024).
Dawe et al. teach guide RNAs targeting the maize compact plant-2 gene (p. 60, lines 25-29; Table 7, p. 62). Table 7 shows the target sequence for a gRNA targeting the CT2 gene, SEQ ID NO: 36. The nucleotide sequence set forth in SEQ ID NO: 36, GTAAGGTGCTGGAGAATCG, is comprised within the sequence of instant SEQ ID NO: 72. Dawe et al. teach that CRISPR constructs expressing Cas9 and guide RNAs targeting four genes, including ct2, were first introduced by Agrobacterium-mediated transformation into an inbred plant (p. 60, last paragraph), indicating that Dawe et al. teach guide nucleic acid constructs encoding the guide RNAs.
Claim Rejections - 35 USC § 103
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.
Claim(s) 92 is rejected under 35 U.S.C. 103 as being unpatentable over Dawe et al. (WO 2021/252619) in view of Flavell et al. (US PGPub 2022/0315941, published 10/06/2022, filed 09/28/2018, claims priority to U.S. provisional 62/566,180 filed 09/29/2017).
Claim 92 is rejected under 35 U.S.C. 103 as being unpatentable over Dawe et al. in view of Flavell et al., published 10/06/22, claims priority to US 62566188, filed 09/29/17).
Dawe et al. teach a guide nucleic acid targeting the maize CT2 gene at a target site comprising the nucleotide sequence of instant SEQ ID NO: 72, as discussed above.
Dawe et al. teach monocot plants heterozygous for centromeric histone 3 (CenH3) and expressing gene editing constructs, for use in inducing haploids of a monocot target plant and pass-through gene editing (abstract). To test haploid induction with simultaneous gene editing, experiments were designed to cross a cenh3 null to a CRISPR construct expressing Cas9 and eight guide RNAs targeting four genes that control plant development: fea2, fea3, ct2, and td1 (p. 60, Example 2).
Dawe et al. do not teach a guide nucleic acid comprising a spacer comprising instant SEQ ID NO: 77.
Flavell et al. teach methods for creating modifications in maize plant genomes (abstract). Flavell et al. teach that genes listed in Table 23 may be modified using CRISPR targeting methods (p. 96, [0463]). Table 23 indicates that the compact plant 2 gene affects shoot architecture, and its gene and encoded protein sequences are disclosed in SEQ ID NOs: 573 and 574 (p. 97). Bases 1975-1992 of SEQ ID NO: 573 is the nucleotide sequence of SEQ ID NO: 36 of Dawe et al. The next few 3’ bases in SEQ ID NO: 573 are GGGAA. Bases 1975-1997 of SEQ ID NO: 573 is the sequence in instant SEQ ID NO: 77 (which is comprised within instant SEQ ID NO: 72).
PNG
media_image1.png
522
576
media_image1.png
Greyscale
It would have been obvious and within the scope of one of ordinary skill in the art before the instant effective filing date to have modified the guide nucleic acid of Dawe et al. targeting the ct2 gene to further comprise other adjacent nucleotide bases in the target site of the ct2 gene (Dawe’s SEQ ID NO: 36), including the adjacent GGGAA bases at the 3’ end. One of ordinary skill would have made such a guide nucleic acid, as such a guide nucleic acid would still target the same region within the ct2 gene, and would be functionally equivalent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHWIN D MEHTA whose telephone number is (571)272-0803. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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, Patrick Nolan can be reached at 571-272-0847. 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.
/ASHWIN D MEHTA/Primary Examiner, Art Unit 6211