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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 13 May 2026 has been entered.
Claim Status
Claims 1-20 are pending.
Claims 6, 15, and 17 are currently amended.
Claims 1-20 are examined on the merits.
Claim Objections
Claim 15 is objected to because of the following informalities: Line 11 includes an editorial marker that was unintentionally left in the amended claim set. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: The claim has been amended to include a semi-colon in line 4, but the status indicator still is “Original.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
Indefiniteness
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 remain 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 that the inventor or a joint inventor, or for pre-AIA the applicant, regards as the invention. Dependent claims are included in all rejections.
Claims 1-2, 8, 15, 17, and 20 are indefinite in their recitation of “maize line HID2388”.
The specification states the following in regard to elite lines:
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Assuming that HID2388 is considered an “elite line,” it is unclear how homozygous a line must be to be considered “substantially homozygous.” Applicant has provided no statements on the record as to how the term “line should be interpreted when considering the scope of the claims. As such the metes and bounds of the claim cannot be determined. If maize line HID2388 should not be considered as an “elite line,” please explain why not and explain what it should be considered instead.
Response to Arguments – Indefiniteness
Applicant's arguments filed 13 May 2026 have been fully considered but they are not persuasive.
Applicant urges that the specification has been amended to clarify the word “line.”
This argument is not persuasive, because it remains unclear whether HID2388 is considered an “elite line.” This matters as the phrase “elite line” has a definition provided in the specification.
Response to Arguments - Lack of Written Description
Applicant's amendments to the Specification filed 13 May 2026 have overcome the rejection of record.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R KEOGH whose telephone number is (571)272-2960. The examiner can normally be reached M-Th 7-4:30, half day on Fridays.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amjad Abraham can be reached on 571-270-7058. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R KEOGH/Primary Examiner, Art Unit 1663
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