DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
The amendments received on 07/31/2026 have been entered. Claims 1 and 4-6 are pending.
Claims 2 and 3 have been canceled.
Claims 1 and 4-6 have been amended.
Claims 1 and 4-6 are examined in this Office action.
Objections and Rejections that are Withdrawn
All objections to and rejections of claims 2 and 3 are rendered moot in light of Applicant’s cancelation of the claims.
Applicant has resolved the Nucleotide and/or Amino Acid Sequence Disclosures deficiency by amending the Specification and the Drawings.
The Objections to the Specification have been withdrawn in light of Applicant’s amendments to the Specification.
The 35 USC 112 Indefiniteness rejection to claims 1 and 4-6 has been withdrawn in light of Applicant’s amendments to the claims.
The 35 USC 112 Written Description rejection to claim 1 has been withdrawn in light of Applicant’s amendment to the claim.
The 35 USC 112 Scope of Enablement rejection to claim 1 has been withdrawn in light of Applicant’s amendment to the claim.
The text of those sections of Title 35, U.S. Code, not included in this action, can be found in a prior Office action.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 02/22/2021. It is noted, however, that applicant has not filed a certified copy, in English, of the JP2021-026492 application as required by 37 CFR 1.55.
Failure to provide a certified translation may result in no benefit being accorded for the non-
English application.
In the Remarks dated 07/31/2026, Applicant respectfully points the Office to the certified copy
of JP2021-026492 filed on August 22, 2023; however, this certified copy is not translated to English.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Information Disclosure Statement
Initialed and dated copy of Applicant’s information disclosure statement (IDS) filed on
09/23/2026 is attached to the instant Office Action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 4 is objected to because of the following informalities:
It is suggested to insert the words ---according to--- between the words “gene” and “claim 1”.
Appropriate correction is required.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by YASUI (Yasui et al., International Publication Number WO 2013/047736 A1, International Publication Date 04/04/2013). This is a modified rejection necessitated by claim amendment.
Claim 1 recites “[a] loss-of-function S-ELF3 (S-locus early flowering 3) gene, wherein normal function of the S-ELF3 gene is disrupted, and wherein normal S-ELF3 gene comprises a nucleotide sequence as set forth in SEQ ID NO: 1”.
In regard to claim 1, YASUI (2013) teaches and claims an inhibitor of a self-incompatibility regulator, comprising a nucleic acid comprising a mutant gene in which a loss-of-function mutation is introduced into a gene encoding a self-incompatibility regulator (i.e., a loss-of-function S-ELF3 gene, wherein normal function of the S-ELF3 gene is disrupted) (Yasui 2013, page 7, paragraph 0028 and claim 2).
YASUI (2013) teaches and claims SSC7 (SEQ ID NO: 3), a base sequence of chromosomal DNA encoding a normal buckwheat self-incompatibility control factor, which shares 100% sequence identity with instant sequence SEQ ID NO: 1 (see alignment in Non-Final Rejection dated 02/09/2026) (i.e., wherein normal S-ELF3 gene comprises a nucleotide sequence as set forth in SEQ ID NO: 1) (Yasui 2013, page 5, paragraph 0014 and claim 1).
Thus, YASUI anticipates the invention of claim 1.
Claim Rejections - 35 USC § 103
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over YASUI (Yasui et al., International Publication Number WO 2013/047736 A1, International Publication Date 04/04/2013). This is a modified rejection necessitated by claim amendment.
Claim 4 is drawn to the loss-of-function S-ELF3 gene of claim 1, wherein normal function of the S-ELF3 gene is disrupted by a nucleotide substitution at position 3046 of SEQ ID NO: 1, and the substitution is G3046A.
YASUI (2013) teaches the loss-of-function S-ELF3 gene of claim 1.
YASUI (2013) does not explicitly teach wherein normal function of the S-ELF3 gene is disrupted by a nucleotide substitution at position 3046 of SEQ ID NO: 1, and the substitution is G3046A.
However, YASUI (2013) does teach an isolated nucleic acid encoding a self-incompatibility regulator that positively regulates self-incompatibility in a plant; and a nucleic acid comprising a mutant gene obtained by introducing a loss-of-function mutation into a gene encoding a self-incompatibility regulator (Yasui 2013, paragraph 0007).
YASUI (2013) further teaches the nucleic acid can be prepared by introducing a mutation such as substitution, deletion, addition, or insertion (i.e., wherein normal function of the S-ELF3 gene is disrupted by a nucleotide substitution) (Yasui, page 7, paragraph 0024).
Although YASUI (2013) does not explicitly teach in the S-ELF3-PS1 gene, a nucleotide substitution at position 3046 of SEQ ID NO: 1, and the substitution is G3046A, it is the position of this Office that any mutation introduced into the S-ELF3 gene which results in the loss of function of the S-ELF3 gene is rendered obvious by the teachings of YASUI (2013). As such, it would have been obvious to one of ordinary skill in the art to introduce a loss-of-function mutation in the S-ELF3 gene as taught by YASUI (2013) to produce a self-compatible buckwheat plant.
Based on the teachings of YASUI (2013), it would have been obvious to introduce a loss-of-function mutation into a gene encoding a self-incompatibility control factor contained in the base sequence shown in SEQ ID NO: 3 as taught by YASUI which shares 100% sequence identity with instant sequence SEQ ID NO: 1. One of ordinary skill in the art would have been motivated to introduce a loss-of-function mutation into a gene encoding a self-incompatibility control factor, thus conferring self-compatibility to a buckwheat plant, as taught by YASUI (2013). By following the teachings of YASUI, one of ordinary skill in the art would have a high expectation of success in achieving the loss-of-function gene of instant claim 1.
The use of introducing mutations in plant genes to lose expression is a technique that was routine in the art at the time the application was filed, as taught by the cited reference and the state of the art in general.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over YASUI (Yasui et al., International Publication Number WO 2013/047736 A1, International Publication Date 04/04/2013) as applied to claims 1 and 4 above, in view of MATSUI (Matsui et al., 01/30/2020, Breeding Science Preview, pp. 1-7, doi:10.1270/jsbbs.19083). This is a modified rejection necessitated by claim amendment.
Claim 5 recites “a self-propagating Fagopyrum plant bred by: crossing and cultivating an individual having the loss-of-function S-ELF3 gene according to claim 1”.
YASUI (2013) teaches the self-propagating Fagopyrum plant according to claim 5.
YASUI (2013) does not explicitly teach crossing and cultivating an individual having the loss-of-function S-ELF3 gene.
MATSUI (2020) teaches that the S supergene hypothesis was confirmed in common buckwheat by genetic studies that used crosses between common buckwheat and SC Fagopyrum species. A homostylous SC species closely related to common buckwheat, Fagopyrum homotropicum Ohnishi, was found in southern China, and several researchers have succeeded in transferring the SC property of F. homotropicum to common buckwheat by conducting interspecific crosses between these two species. It has been proven that the SC property is conferred by the Sh allele at the S locus of F. homotropicum, and that Sh is dominant over the s allele but recessive to the S allele. Using interspecific crossing and subsequent selfing, Matsui established SC lines that had flowers with long styles, long stamens and large pollen (i.e., crossing and cultivating an individual having the loss-of-function S-ELF3 gene (instant claim 5); wherein the crossing and cultivating comprises crossing the individual having the loss-of-function S-ELF3 gene with a long-styled flower individual and selecting for an individual having long stamen and pistil (instant claim 6)) (Matsui, page 2, right column, last paragraph).
Based on the teachings of YASUI (2013) and MATSUI, it would have been obvious to cross plants of common buckwheat and SC Fagopyrum species as taught by MATSUI to obtain F1 plants with the SC trait, and flowers with long styles and long stamens. One of ordinary skill in the art would have been motivated to cross plants of common buckwheat and SC Fagopyrum species as taught by MATSUI knowing it would result in F1 plants with the SC trait, and flowers with long styles and long stamens, as taught by YASUI (2013) and MATSUI. By following the teachings of YASUI (2013) and MATSUI, one of ordinary skill in the art would have a high expectation of success in achieving the self-propagating Fagopyrum plant of instant claims 5 and 6.
Response to Applicant’s Arguments
Applicant's arguments filed 07/31/2026 have been fully considered but they are not persuasive.
Applicant argues that Yasui did not conclusively establish that SSC7/S-ELF3 is the gene responsible for self-incompatibility or for controlling at least both relevant floral traits-stamen length and pistil length. In particular, Yasui does not show that loss of S-ELF3 function would lead to self-propagating plant or a plant having long stamens and a long pistil. Therefore, Yasui does not specifically disclose that disrupting the S-ELF3 gene would produce the desired loss-of-function gene.
The Examiner respectfully disagrees. YASUI (2013) teaches and claims SSC7 (SEQ ID NO: 3), a base sequence of chromosomal DNA encoding a normal buckwheat self-incompatibility control factor, which shares 100% sequence identity with instant sequence SEQ ID NO: 1.
In Experimental Example 4, YASUI teaches that DNA was isolated from the leaves of 1373 individuals of the BC1-F5 generation of common buckwheat (F. esculentum), which were direct progeny of the sibling cross line. Thereafter, PCR was performed to examine the presence or absence of SSC5 and SSC7 in the DNA of each of the 1373 individuals, thereby conducting linkage analysis of SSC5 and SSC7 (Yasui, page 19, paragraph 0084).
As a result, complete genetic linkage between the S allele and the BC1 marker and the F5 marker was confirmed in 1373 individuals of common buckwheat (F.esculentum) of the SSC5 - SSC7 generation. Therefore, the results of Experimental Example 3 and Experimental Example 4 suggest that ion-beam-induced deletions in the SSC5 and in the vicinity of the SSC7 cause phenotypic conversion from short-styled flowers (S/s genotype) to long-styled flowers (-/s genotype) in ion-beam-induced chimeric plants (Yasui, page 19, paragraph 0086).
YASUI teaches that the fragment corresponding to SSC7 is amplified from the DNA of pistils and stamens of short style plants, but not from the DNA of vegetative tissues such as leaves, roots and stems. Thus, these results indicate that the genes corresponding to SSC7 are specifically expressed in the pistils and stamens of short styled plants, but not in vegetative tissues such as leaves, roots and stems (Yasui, page 23, paragraph 0102).
YASUI further teaches that a self-compatible plant of the genus Fagopyrum can be produced by disrupting the genes corresponding to SSC7 or inhibiting the expression of the genes corresponding to SSC7 in a self-incompatible plant of the genus Fagopyrum having genes corresponding to SSC7 (Yasui, page 33, paragraph 0140).
Thus, YASUI establishes that SSC7/S-ELF3 is the gene responsible for self-incompatibility and is exclusively expressed in the stamen and pistil. YASUI shows that loss of S-ELF3 function leads to a self-propagating plant and a plant having a long style (pistil). Therefore, YASUI discloses that disrupting the S-ELF3 gene would produce the desired loss-of-function gene.
In regard to claim 4, Applicant argues that YASUI does not disclose a specific loss-of-function S-ELF3 gene, such as a S-ELF3-PS 1 mutation or a G-to-A substitution at position 3046 of SEQ ID NO: 1 according to the present application.
Applicant is reminded that it is the position of this Office that any mutation introduced into the S-ELF3 gene which results in the loss of function of the S-ELF3 gene is rendered obvious by the teachings of YASUI (2013).
In regard to claims 5 and 6, Applicant argues that Matsui does not teach or suggest crossing a plant specifically having the claimed loss-of-function S-ELF3 gene with a plant having long-styled flowers to produce a self-propagating Fagopyrum plant having long stamens and a long pistil, which can then be selected for.
The Examiner respectfully disagrees. MATSUI teaches crosses between common buckwheat and SC Fagopyrum species; successful transferring the SC property of F. homotropicum to common buckwheat by conducting interspecific crosses between these two species; and using interspecific crossing and subsequent selfing to establish SC lines that had flowers with long styles, long stamens.
Summary
No claim is allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA MEADOWS whose telephone number is (703)756-1430. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amjad Abraham can be reached at 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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CHRISTINA MEADOWS
Examiner
Art Unit 1663
/CHRISTINA L MEADOWS/Examiner, Art Unit 1663
/Amjad Abraham/SPE, Art Unit 1663
