DETAILED ACTION
Notice of 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 of Group I claims 1-8 in the reply filed on 02 June 2026 is acknowledged. Because applicants did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The requirement is deemed proper and therefore made Final.
Status of Application
Claims 1-10 are pending; Claims 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected subject matter, there being no allowable generic or linking claim. Thus, claims 1-8 are subject to examination on the merits.
Priority
The instant application is a CON of PCT/JP22/08659 filed 01 March 2022 which claims benefit of foreign priority document JP 2021-034236 filed 04 March 2021 is acknowledged. Said document has been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 30 August 2023 has been considered by the examiner. See initialed and signed PTO/SB/08.
Specification
The disclosure is objected to because it contains four embedded hyperlinks and/or other form of browser-executable code on p. 2 line 35, p. 3 line 5 and p. 21, lines 5 and 8.
Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
Claim Rejections - 35 USC § 112(b)
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 3-4 and 7-8 are 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.
Each of the claims suffers from two indefinite issues:
In the first instance, the claims of 3 and 4 recite, for example, “Slr841 having an amino acid sequence……” (this is repeated three times for each separate protein in the claims). For claim 7 and 8, the claims recite, for example, “slr1841 having a nucleotide sequence…..”.
It is unclear whether the breadth of the claims is intended to encompass the full length amino acid/nucleotide sequences or fragments of said sequences. Accordingly, the metes and bounds of the phrase cannot be ascertained from the claims. In the interest of compact prosecution, the Examiner has taken the broadest reasonable interpretation that, said sequences encompass any or all fragments of said sequences as long as any requisite claimed function is met.
In second instance, the claims recite the terms, in reference to amino acid sequences and nucleotide sequences, that they are “represented by SEQ ID NO: X” (SEQ ID NOs: 1-12). However, it is unclear if the claims are to mean the claims are limited to SEQ ID NOs: 1-12 or rather, if the term “represented by” merely suggests that these sequences are just one of any number of sequences that are encompassed by the claims and that the claims are not limited to only SEQ ID NOs: 1-12. That is, any variant, allele, isoform, etc. are also encompassed by the claim. The later is how the claims will be interpreted.
Claims 5-8 are 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 5 recites that the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated. Both of these would result in 100% inactivation of the protein, however, claim 1 clearly stipulates that at least some activity is still required, e.g. between 30-70% suppression of the protein which will necessarily result in at least some activity. Thus, claim 5 is inconsistent with claim 1. Claims 6-8 are included as they not remedy the noted deficiency.
Claim Rejections - 35 USC § 112(a)
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 1-8 are 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 an SLH-domain containing outer membrane protein or gene wherein the sequence comprises 100% identity to any of SEQ ID NOs: 1-3 or 7-9 as well as a cell wall-pyruvic acid modifying enzyme or gene wherein the sequence comprises 100% identity to any of SEQ ID NOs: 4-6 or 10-12, does not reasonably provide enablement for a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458, a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623, a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the s1r1841, the nies970_09470, and the anacy_3458 and/or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the s1r0688, the synpcc7942_1529, and the anacy_1623. 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 and/or use the invention commensurate in scope with these claims.
Enablement is considered in view of the Wands factors (MPEP 2164.01(A)). These include: the breadth of the claims, the nature of the invention, the state of the prior art, the level of one of ordinary skill, the level of predictability in the art, the amount of direction provided by the inventor, the existence of working examples, and the quantity of experimentation needed to make or use the invention. All of the Wands factors have been considered with regard to the instant claims, with the most relevant factors discussed below.
Nature of the invention: The claims are drawn to a modified cyanobacterium in which a function of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed or lost.
Breadth of the claims: The claims broadly encompass a method of producing a plant growth promoter molecule by modifying cyanobacterium in which a function of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed or lost wherein the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme. The complex nature of the subject matter of this invention is greatly exacerbated by the breadth of the claims.
Guidance of the specification and existence of working examples: The specification describes a modified cyanobacterium in which a function of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed or lost wherein the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme. The specification describes two types of modified cyanobacteria were produced by suppressing the expression of slr1841 gene encoding a SLH domain-containing outer membrane protein (Example 1) and suppressing the expression of slr0688 gene encoding a cell wall-pyruvic acid modifying enzyme (Example 2) as methods for partially detaching the outer membrane of cyanobacterium from the cell wall, which results in greater secretion of proteins and metabolites (See Figure 9). The specification and working examples do not include the use of any other SLH domain containing outer membrane protein or cell wall-pyruvic acid modifying enzyme other than the slr1841 and slr0688, respectively, showing that no testing or experimentation was completed with other variants of the SLH domain-containing outer membrane protein and/or cell wall-pyruvic acid modifying enzymes.
Predictability and state of the art:
Qiu et al (Appl Environ Microbiol 84: e01512-18; 2018 – cited herein) teaches the attempted knock out the six putative porin-encoding genes in Synechocystis 6803, of which only four (sll0772, sll1271, sll1550 and slr0042) were successfully knocked out, and the mutation of five or all six porin-encoding genes was lethal to Synechocystis 6803 (Page 7, Paragraph 2). Showing that not all variants of the SLH domain proteins are capable of successfully knocking out the binding of the outer membrane to the cell wall.
Gordon et al (Adv Exp Med Biol. 2018; 1080: 281-315 – cited herein) teaches that while some slr proteins showed 10-fold repression, the slr0091 protein only showed 2-fold repression in PCC6803 (Page 14, Paragraph 1). Therefore, targeting of different slr proteins/genes showed different levels of repression of that gene/protein.
Amount of experimentation necessary: In order to practice the claimed invention, an immense amount of experimentation would be required. As disclosed above, the specification itself provides description of the SLH-domain containing outer membrane proteins and the cell wall-pyruvic acid modifying enzymes comprising the sequences of SEQ ID NOs: 1-12. No description is provided of any fragments or sequences comprising less than 100% identity to the sequences claimed that is capable of functioning and preforming the same activity of the sequences claimed. Except for the full sequences disclosed and claimed, for experimentation, first the SLH-domain containing outer membrane protein and/or the cell wall-pyruvic acid modifying enzyme would need to be identified wherein this would require a large amount of experimentation with no knowledge of which structures would be capable of performing the exact activity to cause the separation of the cell wall from the outer-membrane. Second, the SLH-domain containing outer membrane protein and/or the cell wall-pyruvic acid modifying enzyme would need to be tested in order to confirm that the protein/enzyme would be capable of successfully causing separation of the cell wall from the outer-membrane of the cyanobacteria. The specification does teach how the miRNA inhibitors function and how the structure of the miRNA inhibitor structure contributes to that function. Therefore, experiment could be conducted, but in view of the specification there does not appear to be any amount of experimentation that would be sufficient to reliably produce the exact product of the invention. Such experimentation would not be possible due to not having the steps or complete required structure of the SLH-domain containing outer membrane protein and/or the cell wall-pyruvic acid modifying enzyme. Therefore, it would require immense amount of unpredictable experimentation to practice the claimed invention with such variants in the possible result.
In view of the breadth of the claims and the lack of guidance provided by the specification as well as the unpredictability of the art, the skilled artisan would have required an undue amount of experimentation to make and/or use the claimed invention. Therefore, claims 1-8 are not considered to be fully enabled by the instant disclosure.
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 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Kojima & Okumura (March 2021 – Abstract, cited on IDS).
It is noted, this is intervening art. There is no certified English translation of the priority document.
Kojima & Okumura teach a method of making a plant grown promoter by modifying cyanobacteria strain Synechocystis sp. 6803 to repress the expression of the cell-wall pyruvic acid modifying enzyme Slr0688 by 50%, which results in the increased secretion of proteins and metabolites, which are the plant growth promoting molecules.
Claims 1, 2, 5, 6 and are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Qiu et al (Appl Environ Microbiol 84: e01512-18, Pgs. 1-15; 2018).
Regarding claim 1, Qiu teaches the Synechocystis 6803 has six putative porin proteins, Sll0772, Sll1271, Sll1550, Slr0042, Slr1908, and Slr1841 (all comprising SLH domains) were tested for knock out and knock down wherein four (sll0772, sll1271, sll1550 and slr0042) of the six proteins were successfully suppressed or completely inactivated (p. 7, paragraph 2; Figure 6A). Qiu teaches the TonB proteins have a cytoplasmic transmembrane domain in the N terminus which serves as a cytoplasmic membrane anchor, a proline-rich elongated linker that allows them to span the periplasmic space, and antiparallel β-sheets in the C terminus that may interact with the TonB box domain of TBDTs (Page 3, Paragraph 2).
Regarding claim 2, Qiu teaches the Synechocystis 6803 has six putative porin proteins, Sll0772, Sll1271, Sll1550, Slr0042, Slr1908, and Slr1841 (all comprising SLH domains) were tested for knock out and knock down wherein four of the six proteins were successfully suppressed or completely inactivated (p. 7, paragraph 2; Figure 6A).
Regarding claims 5 and 6, Qiu teaches knocking out the slr1484 gene by inserting a kanamycin-resistant cassette fragment CK2 (Page 3, Paragraph 5).
Regarding the limitation of “causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant”, this would be an inherent characteristic of any modified cyanobacterium such as that of Qiu et al. when grown and cultured, said cyanobacterium will have increased secretion of proteins and metabolites.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Kojima et al. (BioRxiv, March 25, 2020; pp. 1-31 – cited on IDS) and as evidenced by Accession Number P73409 (strain PCC 6803; 2004 – cited herein) and Synechocystis sp. PCC 6803 DNA, complete genome (GenBank Accession Number NC_000911.1; 2016 – cited herein).
Regarding claims 1-3, Kojima teaches producing a modified cyanobacterium, PCC 6803, by repressing the slr1841 protein (p.7, lines 121-148). Kojima teaches the ~50% repression of Slr-1841 exhibits outer membrane detachment by loss of linkage to the peptidoglycan while maintaining Slr1841 protein levels for the purpose of photoautotrophic growth (p. 7, 1st paragraph). The genbank accession numbers are cited to evidence that the slr1841 protein is a protein within the Synechocytis cyanobacteria genome. Accession number P73409 is 100% identical to SEQ ID NO: 1 (See the alignment in Appendix I). It is stated:” Outer membrane-deprived cells liberated diverse substances into the environment without significantly compromising photoautotrophic growth. The amount of liberated proteins increased to ~0.35 g/L within five days of culture.” – See Abstract.
Claim 4 depends from claim 2 and recites, “wherein the cell wall-pyruvic acid modifying enzyme is: Slr0688 having an amino acid sequence of SEQ ID NO: 4; Synpcec7942_1529 having an amino acid sequence of SEQ ID NO: 5; Anacy_1623 having an amino acid sequence of SEQ ID NO: 6; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the S1r0688, the Synpec7942_ 1529, and the Anacy_1623.” Claim 4 does not limit the “surface layer homology (SLH) domain-containing outer membrane protein” of claim 2. Thus, claim 4 reads on the cyanobacterium, wherein the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein, Slr0688 having an amino acid sequence of SEQ ID NO: 4; Synpcec7942_ 1529 having an amino acid sequence of SEQ ID NO: 5; Anacy_1623 having an amino acid sequence of SEQ ID NO: 6; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the S1r0688, the Synpec7942_ 1529, and the Anacy_1623.”
Regarding claims 5 and 6, Kojima teaches a CRISPR interference (CRISPRi) system was employed in which nuclease-deficient Cas9 (dCas9) and single guide RNA (sgRNA) form a complex that binds to a target gene, thereby inhibiting its transcription (p. 7, Lines 129-131). Kojima teaches the repression of Slr-1841 exhibits outer membrane detachment by loss of linkage to the peptidoglycan while maintaining Slr1841 protein levels for the purpose of photoautotrophic growth (p. 7, Lines 121-148).
Regarding claim 7, Kojima teaches the repression of Slr-1841 exhibits outer membrane detachment by loss of linkage to the peptidoglycan while maintaining Slr1841 protein levels for the purpose of photoautotrophic growth (p. 7, Lines 121-148). The genbank accession numbers are cited to show that the slr1841 protein is a protein within the Synechocytis cyanobacteria genome. Accession number P73409 is 100% identical to SEQ ID NO: 1 (See the alignment in Appendix I). SEQ ID NO: 1 is the amino acid translation of the nucleotide sequence presented in SEQ ID NO: 7 as shown in the full genome sequence of Synechocystis sp. PCC 6803 provided by GenBank Accession number NC_000911.1 such that SEQ ID NO: 1 starts at position 958137 to 960026 (See the alignment in Appendix I) and SEQID NO: 7 is the nucleotide sequence of the full genome starting at position 958137 to 959488 (See the alignment in Appendix II).
Claim 8 depends from claim 6 and recites, “wherein the cell wall-pyruvic acid modifying enzyme is: Slr0688 having an amino acid sequence of SEQ ID NO: 10; Synpcec7942_ 1529 having an amino acid sequence of SEQ ID NO: 11; Anacy_1623 having an amino acid sequence of SEQ ID NO: 12; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the S1r0688, the Synpec7942_ 1529, and the Anacy_1623.” Claim 8 does not limit the “surface layer homology (SLH) domain-containing outer membrane protein” of claim 6. Thus, claim 8 reads on the cyanobacterium, wherein the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein, Slr0688 having an amino acid sequence of SEQ ID NO: 10; Synpcec7942_ 1529 having an amino acid sequence of SEQ ID NO: 11; Anacy_1623 having an amino acid sequence of SEQ ID NO: 12; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the S1r0688, the Synpec7942_ 1529, and the Anacy_1623.”
Regarding claim 8, Kojima teaches the repression of Slr0688 showed decreased pyruvate by about twofold (p. 8, Lines 170-174). Kojima teaches that to characterize the interaction between a pyruvate depleted peptidoglycan and the SLH domain, we prepared recombinant SLH domains of Slr0688, which was fused to glutathione S-transferase (GST-SLH) and the electron micrographs of thin-sectioned slr0688i cells showed detachment of the outer membrane, similar to that of slr1841i strain (p. 8, line 174 to p. 9, line 184). Kojima teaches that the growth rate and chlorophyll fluorescence profile was also similar to that of slr1841 strains therefore concluding that the outer membrane deprivation was caused by the impairment of the physical linkage between SLH domains and the peptidoglycan (p. 9, Lines 184-187).
GenBank Accession Number BAA17449.1 (slr1841 [Synechocystis sp. PCC -2/2) (Year: Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4, 8-12 of copending Application No. 18456037 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘037 application render obvious the instant claims.
The instant claims in their broadest are drawn to plant growth promoter production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 3-4 recite; wherein the SLH domain-containing outer membrane protein is:
Slr1841 having an amino acid sequence represented by SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-6 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein the gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
The claims to the ‘037 application are drawn to a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to at least 30 percent and at most 70 percent of a total amount of the protein in a parent strain (Claim 9). Dependent claims 4 and 8 recite wherein in (i), the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme; wherein the SLH domain-containing outer membrane protein is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623; and wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein he gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623. Claims 11 and 12 are essentially the same, however, the SLH domain containing protein is an amino acid sequence SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 90 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; or is encoded by SEQ ID NO 7, 8 or 9 or having at least 90% sequence identity thereto.
Thus, while the claims of the ‘037 application are drawn to the modified cyanobacterium utilized in the instant claims, it would be obvious to utilize the modified cyanobacterium for the purpose which it was intended.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18456897 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘897 application anticipate the instant claims.
The instant claims in their broadest are drawn to plant growth promoter production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 3-4 recite; wherein the SLH domain-containing outer membrane protein is:
Slr1841 having an amino acid sequence represented by SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-6 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein the gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
The claims to the ‘897 application in their broadest are drawn to an electron carrier comprising: a modified cyanobacterium in which at least: (i) a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to at least 30 percent and at most 70 percent of a total amount of the protein in a parent strain; or (ii) a channel protein which improves protein permeability of the outer membrane is expressed, wherein the modified cyanobacterium performs at least one of supplying electrons to an outside or taking in electrons from the outside. Dependent claims 4-6 recite, wherein in (i), the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme; wherein the SLH domain-containing outer membrane protein is: Slr1841 having an amino acid sequence represented by SEQ ID NO: 1; NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2; Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is: Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5; Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 7-10 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein he gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10; synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11; anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
Thus, while the modified cyanobacterium of the ‘897 is silent with regard to producing/secreting molecules which may enhance plant growth, this would necessarily be an inherent property because it will inherently have increased protein secretion as well as supplying electrons which can be essential for other molecules which promote growth of plants.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 18339501 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims to the ‘501 application render obvious the instant claims.
The instant claims in their broadest are drawn to plant growth promoter production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 3-4 recite; wherein the SLH domain-containing outer membrane protein is:
Slr1841 having an amino acid sequence represented by SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-6 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein the gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
The claims to the ‘501 application in their broadest are drawn to a plant acidic invertase activator production method comprising: preparing a modified cyanobacterium in which a function of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed or lost; and causing the modified cyanobacteria to secrete a secretion involved in activating an acidic invertase of a plant.
Dependent claims 2-4 recite, wherein in (i), the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme; wherein the SLH domain-containing outer membrane protein is: Slr1841 having an amino acid sequence represented by SEQ ID NO: 1; NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2; Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is: Slr0688 having an amino acid sequence represented by SEQ ID NO: 4; Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5; Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-8 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein he gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10; synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11; anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
Thus, the difference between the claims is that the ‘501 method claims do not recite that the secretion that is a plant acidic invertase activator also has the function of promoting plant growth. However, it is clear in ascertaining the scope of the claims of the ‘501 application that plant acidic invertase activators are indeed linked to increased crop yield (See p. 2 of specification; also see MPEP 804(II)(B)(1)). Thus, the claims of the ‘501 application render obvious the instant claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13 and 14 of copending Application No. 17748617 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims to the ‘617 application render obvious the instant claims.
The instant claims in their broadest are drawn to plant growth promoter production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 3-4 recite; wherein the SLH domain-containing outer membrane protein is:
Slr1841 having an amino acid sequence represented by SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-6 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein the gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
The claims to the ‘617 application in their broadest are drawn to
secreted protein production method comprising: culturing a modified cyanobacterium; and retrieving a secreted protein that is a protein secreted by the modified cyanobacterium, wherein in the modified cyanobacterium, a function of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed or lost, the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme, the SLH domain-containing outer membrane protein is:Slr1841 having an amino acid sequence of SEQ ID NO: 1; or a protein having an amino acid sequence that is at least 90 percent identical to the amino acid sequence of the Slr1841, and the cell wall-pyruvic acid modifying enzyme is:Slr0688 having an amino acid sequence of SEQ ID NO: 4; or a protein having an amino acid sequence that is at least 90 percent identical to the amino acid sequence of the Slr0688 (claim 13); and claim 14 is the same except that the proteins are encoded by SEQ ID NOs: 7 and 10, respectively or have 90% sequence identity thereto.
Thus, the difference between the claims is the method claims of the ‘617 application does not recite the level of suppression nor that the secreted proteins will promote plant grown. However, given the exact same method steps and proteins are suppressed and thus necessarily, the resultant secreted proteins must also necessarily be capable promoting plant growth.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of copending Application No. 17845022 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims to the ‘022 render obvious the instant claims.
The instant claims in their broadest are drawn to plant growth promoter production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 3-4 recite; wherein the SLH domain-containing outer membrane protein is:
Slr1841 having an amino acid sequence represented by SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-6 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein the gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
The claims to the ‘022 application in their broadest are drawn to a plant growth promoter production method comprising: preparing a modified cyanobacterium in which a function of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed or lost; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 2-4 recite wherein wherein in (i), the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme; wherein the SLH domain-containing outer membrane protein is: Slr1841 having an amino acid sequence represented by SEQ ID NO: 1; NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2; Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is: Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-8 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein he gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623. Independent claims 9 and 11 further recite plant growth promoters comprising the same modified cyanobacterium as above having the same SLH or cell wall pyruvic acid modifying enzymes being suppressed or lost (e.g. SEQ ID NOs: 1-6; or the proteins encoded by SEQ ID NO: 7-12).
Thus, the difference between the claims is the ‘022 application do not recite the level of suppression, e.g. between 30 to 70%. However, it would be obvious optimize the level of suppression ranging from complete suppression (e.g. deletion/knock-outs) to modified range of suppression.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 18457500 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘500 patent render obvious the instant application.
The instant claims in their broadest are drawn to plant growth promoter production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 3-4 recite; wherein the SLH domain-containing outer membrane protein is:
Slr1841 having an amino acid sequence represented by SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-6 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein the gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
The claims to the ‘500 application in their broadest are drawn to plant acidic invertase activator production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in activating an acidic invertase of a plant. Dependent claims Dependent claims 2-4 recite, wherein in (i), the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme; wherein the SLH domain-containing outer membrane protein is: Slr1841 having an amino acid sequence represented by SEQ ID NO: 1; NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2; Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is: Slr0688 having an amino acid sequence represented by SEQ ID NO: 4; Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5; Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-8 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein he gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10; synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11; anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
Thus, the difference between the claims is the ‘500 method claims do not recite that the secretion that is a plant acidic invertase activator also has the function of promoting plant growth. However, it is clear in ascertaining the scope of the claims of the ‘500 application that plant acidic invertase activators are indeed linked to increased crop yield (See p. 2 of specification; also see MPEP 804(II)(B)(1)). Thus, the claims of the ‘500 application render obvious the instant claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 and 17 of copending Application No. 17748678 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘678 application render obvious the instant claims.
The instant claims in their broadest are drawn to plant growth promoter production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 3-4 recite; wherein the SLH domain-containing outer membrane protein is:
Slr1841 having an amino acid sequence represented by SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-6 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein the gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
The claims to the ‘678 application are drawn to an electron carrier comprising:
a modified cyanobacterium in which at least: (i) a function of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed or lost; wherein the modified cyanobacterium performs at least one of supplying electrons to an outside or taking in electrons from the outside. Dependent claims 4-6 recite, wherein in (i), the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme; wherein the SLH domain-containing outer membrane protein is: Slr1841 having an amino acid sequence represented by SEQ ID NO: 1; NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2; Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is: Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 7-10 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein he gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
Thus, while the modified cyanobacterium of the ‘678is silent with regard to producing/secreting molecules which may enhance plant growth, this would necessarily be an inherent property because it will inherently have increased protein secretion as well as supplying electrons which can be essential for other molecules which promote growth of plants.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of copending Application No. 18974875 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘875 application render obvious the instant claims.
The instant claims in their broadest are drawn to plant growth promoter production method comprising: preparing a modified cyanobacterium in which a total amount of a protein involved in binding between an outer membrane and a cell wall of cyanobacterium is suppressed to between 30 percent and 70 percent, inclusive, of a total amount of the protein in a parent strain; and causing the modified cyanobacteria to secrete a secretion involved in promoting growth of a plant. Dependent claims 3-4 recite; wherein the SLH domain-containing outer membrane protein is:
Slr1841 having an amino acid sequence represented by SEQ ID NO: 1;
NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2;
Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is:
Slr0688 having an amino acid sequence represented by SEQ ID NO: 4;
Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5;
Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or
a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 5-6 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein the gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10;
synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11;
anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
The claims to the ‘875 application in their broadest are drawn to a plant disease resistance inducing agent comprising a secretion product of a cyanobacterium (claims 1); The plant disease resistance inducing agent according to claim 1, wherein
the cyanobacterium is a modified cyanobacterium in which a function of a protein involved in binding between an outer membrane and a cell wall is suppressed or eliminated (claim 2). Dependent claims 3-5 recite, wherein in (i), the protein involved in the binding between the outer membrane and the cell wall is at least one of a surface layer homology (SLH) domain-containing outer membrane protein or a cell wall-pyruvic acid modifying enzyme; wherein the SLH domain-containing outer membrane protein is: Slr1841 having an amino acid sequence represented by SEQ ID NO: 1; NIES970_09470 having an amino acid sequence represented by SEQ ID NO: 2; Anacy_3458 having an amino acid sequence represented by SEQ ID NO: 3; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr1841, the NIES970_09470, and the Anacy_3458; wherein the cell wall-pyruvic acid modifying enzyme is: Slr0688 having an amino acid sequence represented by SEQ ID NO: 4; Synpcc7942_1529 having an amino acid sequence represented by SEQ ID NO: 5; Anacy_1623 having an amino acid sequence represented by SEQ ID NO: 6; or a protein having an amino acid sequence that is at least 50 percent identical to the amino acid sequence of any one of the Slr0688, the Synpcc7942_1529, and the Anacy_1623. Dependent claims 6-9 recite wherein a gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is deleted or inactivated; wherein the gene which causes expression of the protein involved in the binding between the outer membrane and the cell wall is at least one of a gene encoding an SLH domain-containing outer membrane protein or a gene encoding a cell wall-pyruvic acid modifying enzyme; and wherein he gene encoding the SLH domain-containing outer membrane protein is: slr1841 having a nucleotide sequence represented by SEQ ID NO: 7; nies970_09470 having a nucleotide sequence represented by SEQ ID NO: 8; anacy_3458 having a nucleotide sequence represented by SEQ ID NO: 9; or a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr1841, the nies970_09470, and the anacy_3458; wherein the gene encoding the cell wall-pyruvic acid modifying enzyme is: slr0688 having a nucleotide sequence represented by SEQ ID NO: 10; synpcc7942_1529 having a nucleotide sequence represented by SEQ ID NO: 11; anacy_1623 having a nucleotide sequence represented by SEQ ID NO: 12; or
a gene having a nucleotide sequence that is at least 50 percent identical to the nucleotide sequence of any one of the slr0688, the synpcc7942_1529, and the anacy_1623.
Thus the difference between the two sets of claims is the claims to the ‘875 application recite a plant resistance inducing agent and the instant claims recite an a plant growth promoter agent. However, given both expressly recite utilization of the exact same modified cyanobacterium, then they are inherently one and the same thing.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
** It is noted in all the Non-statutory double patenting rejections above, instant SEQ ID NOs: 1-12 have 100% sequence identity to each of SEQ ID NOs: 1-12 in the noted applications. See Supplemental Content, files ending in .rapbm for the amino acids sequences, Results #1 and duplicates thereof; and files ending in .rnpbm for nucleic acid sequences, Results #1 and duplicates thereof.
Conclusion
No claim is allowed.
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/SUZANNE M NOAKES/Primary Examiner, Art Unit 1656 19 August 2026
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