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. DETAILED ACTION Election/Restrictions Applicant’s election of Group I V, cancellation of claims 1-4, 8, 9, 23, 24, 26, 27, 33, 40, 41, 47, 49, 51-53,55 and 56, as well as submission of new claims 62-70 in the reply filed on 1 1/20 / 202 5 are acknowledged. Because applicant 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 § 818.03(a)). Claims 62-70 are examined on the merits. The requirement is still deemed proper and is therefore made FINAL. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. 2 . Claims 64-66 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 64 recite s “ substantial intraspecific allelic variation ”, however it is unclear what is considered as being substantial intraspecific allelic variation . The metes and bounds are not clear. Claim 65 recitation “a transcriptome profiling method that is capable of being used to determine the relative expression levels of genes” (emphasis is added). However , it is unclear what is the condition that allows the transcriptome profiling method to be used to determine the relative expression levels of genes. The metes and bounds are not clear. Claim 66 is also rejected for being a dependent claim of claim 65. Claim Rejections - 35 USC § 102 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. 3. Claim(s) 62-70 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Moscou et al. (US Patent Application Publication No. 20 18 /0320195 ) . Instant claim is drawn to a method for identifying a functional plant pest resistance (R) gene against a plant pest of interest, the method comprising: (i) obtaining a host plant cell that is modified to express an R gene selected from a library of candidate R genes, wherein the host plant cell is from a host plant for the plant pest of interest, wherein the library of candidate R genes is prepared by selecting from each of one or more plants of interest a subpopulation of highly expressed nucleotide-binding leucine rich repeat genes (NLRs) from among a population of constitutively expressed NLRs in an organ or other part of the one or more plants, and wherein a highly expressed NLR comprises a relative expression level in the organ or other part of the plant that is greater than the relative expression levels in the organ or other part of the plant of at least 65% of the constitutively expressed NLRs; and (ii) assaying the modified host plant cell for resistance activity against the plant pest of interest, wherein a functional R gene comprises resistance activity against the plant pest of interest. Instant claims are also drawn to the method wherein herein one or more of the NLRs in the population of constitutively expressed NLRs further comprises at least one feature of interest ; or wherein the feature of interest is the presence /absence of intraspecific variation in the amino acid sequence encoded by an NLR; or wherein the expression levels of the NLRs are determined using a transcriptome profiling method that is capable of being used to determine the relative expression levels of genes ; or wherein the transcriptome profiling method is RNA sequencing ( RNAseq ) ; or wherein the plant or plants of interest do not support the growth or lifecycle completion of the plant pest(s) of interest ; or wherein the organ is a leaf and the host cell is a protoplast; or wherein the plant is a barley/ plant. Given that the active steps for instant method is obtaining a plant cell modified to expressing an NLR gene and assaying the modified host plant cell for resistance activity against the plant pest of interest, the limitation s such as how the library was made are not given any weight in that they do not contribute to additional active step for instant methods. Moscou et al. teach a method for producing a barley/ Brachypodium distachyon plant with enhanced resistance to a plant disease comprising introducing a barley Rps6 gene (claim 24) and assaying the modified plant with enhanced resistance to wheat tripe rust caused by Puccinia striiformis f. sp. titici . (claim 36). Moscou et al. teach barley Rps6 gene comprising five NLR genes (paragraph [0233]). Moscou et al. teach a plant encompasses plant protoplast (paragraph [0137]). Further, barley/ Brachypodium distachyon plant being considered as non-host for Puccinia striiformis f. sp. Titici , do not support the growth or lifecycle completion of Puccinia striiformis f. sp. Titici . Moscou et al. teach leaf was used to assay for disease symptom for Puccinia striiformis f. sp. Titici (paragraph [0245]). Although the reference does not teach explicitly about presence/absence of intraspecific variation in NLRs encoded by Rps6, it will be inherently one way or the other. Moscou et al. teach transcriptome sequencing was performed for NLRs (paragraph [0240]). Although the reference does not teach wherein the library of candidate R genes is prepared by selecting from each of one or more plants of interest a subpopulation of highly expressed nucleotide-binding leucine rich repeat genes (NLRs) from among a population of constitutively expressed NLRs in an organ or other part of the one or more plants, and wherein a highly expressed NLR comprises a relative expression level in the organ or other part of the plant that is greater than the relative expression levels in the organ or other part of the plant of at least 65% of the constitutively expressed NLRs , as discussed above, those limitation is related to how library was construct to get NLR gene and does not comprise active step for claimed method and is therefore not given any weight instant rejection Therefore . the reference teaches all the limitation set forth by the claims. To overcome the rejection, it is suggest ed to incorporate the way s to construct the library from which NLR was selected as active steps for instant method . Conclusion Claims 62-70 are rejected. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LI ZHENG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8031 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday (9-5) . 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, BRATISLAV STANKOVIC can be reached on 571-270-0305 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LI ZHENG/ Primary Examiner, Art Unit 1662