CTNF 18/657,451 CTNF 87912 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. The Response of 11 May 2026 has been entered. Claims 1-10 are currently pending. Election/Restrictions 08-25-01 AIA Applicant’s election without traverse of the species of legume biomass, nodule-forming bacteria, ureides and calcium carbonate in the reply filed on 11 May 2026 is acknowledged. Claims 1-10 are considered here with respect to the elected species. Claim Objections 07-29-01 AIA Claim 2 is objected to because of the following informalities: Claim 2 should be amended as follows: "… and one or more of Ca." Appropriate correction is required. Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim s 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Haque et al., ACS omega 4.1 (2019): 1425-1433, as evidenced by Shelp et al., Plant Physiology 77.3 (1985): 779-783, (in the case of claims 6-7) Kavroulakis et al., Molecular plant-microbe interactions 13.1 (2000): 14-22 and (in the case of claim 10) Izaguirre-Mayoral et al., Plant and Soil 428.1 (2018): 1-34 . Regarding claims 1, Haque teaches a method of forming metal (calcium)-carbonate from photosynthetically derived carbon (CO2), comprising growing legume biomass with associated nodule-forming bacteria to generate organic carbon products (e.g., via photosynthesis) in the presence of the mineral wollastonite (CaSiO3); and forming calcium carbonate (CaCO3) via a series of reactions in which CO2 is converted to bicarbonate which combines with Ca2+ from the wollastonite to form the CaCO3 (p. 1425-1426, under 1. Introduction, including Equations (1)-(5)). Regarding the recitation in claim 1 of "converting at least a portion of the ureides into conversion products comprising CO 2 and NH 3 … and forming mineral carbonates from at least a portion of the CO 2 ", Shelp evidences that legume growth produces the ureides allantoin and allantoate and that metabolism of the ureides produces NH3 and CO2 (Shelp, p. 779, 1st two ¶; Fig. 1). Haque teaches that CO2 in soil is converted to bicarbonate which combines with Ca2+ from the wollastonite to form the CaCO3 (Haque, p. 1426, Eq. (1) and (3)), and thus at least some portion of the CO2 from the ureides (e.g., released via respiration) would be converted to CaCO3. It is noted that the conversion of CO2 to bicarbonate, which combines with Ca2+ to form CaCO3 is the same conversion mechanism disclosed in the instant specification (Published Spec. US20240375964, [0012]). Regarding the recitation in claim 1 that the converting is "at a pH of 7.5 to 10.0", Haque teaches the addition of wollastonite to soil as a method of sequestering CO2 in the soil (via conversion to CaCO3) while enhancing legume plant growth by buffering the soil against acidification (where wollastonite increases soil pH and consumes protons produced via nitrogen fixation) (Abstract; p. 1425-1426, under 1. Introduction and 3. Results). Haque teaches that CaCO3 formation can occur at the pH range of >6.5 (p. 1431, right col., 2nd full ¶; see also, Fig. S6), and that soil pH up to 8.5 is generally acceptable for cultivation (p. 1430, under 4.1. Importance of pH). The effective range of pH 6.5-8.5 taught by Haque overlaps with and renders obvious the claimed range of 7.5-10 (see MPEP 2144.05). Haque further exemplifies CaCO3 formation in alkaline soil (p. 1428, under 3.1. Plant Growth pH-Time Series; Fig. 2) and teaches that wollastonite amendment of soil increases pH in a concentration-dependent manner (Fig. S3). It would have thus been obvious for one of ordinary skill in the art to use routine experimentation to find the optimum and/or workable pH within the alkaline range (see MPEP 2144.05). Regarding claims 2-3, Haque teaches forming CaCO3 in the presence of the nodule-forming bacteria (Fig. 2(b); under 3.3. Increased Soil Carbon Content), which can be considered "mineral-forming bacteria" as they participate in the CaCO3 formation process (e.g., by producing protons that release Ca2+ from the wollastonite; Haque, under 1. Introduction). Regarding claim 4, one of ordinary skill in the art would recognize that the concentration of ureides (starting reactant in Fig. 1 of Shelp) is a result-effective variable for the production of CO2, and it would have been obvious to adjust the concentration to achieve a desired level of CO2/bicarbonate/CaCO3. Such result-effective variables are not given patentable weight absent evidence of criticality, which is absent here (see MPEP 2144.05). Regarding claim 5, Haque teaches that the amount of Ca2+ in the soil depends on the degree of wollastonite via reaction with protons derived from root nodule nitrogen fixation (Haque, under 1. Introduction). One of ordinary skill in the art would recognize that the concentration of Ca2+ is a result-effective variable for the production of bicarbonate/CaCO3, and it would have been obvious to adjust the concentration of Ca2+ (e.g., by adjusting the amount of wollastonite amended in the soil and/or the amount of legumes cultivated therein) to achieve a desired level of CaCO3. Such result-effective variables are not given patentable weight absent evidence of criticality, which is absent here (see MPEP 2144.05). Regarding claims 6-7, Kavroulakis evidences that legume root nodules express carbonic anhydrase, which converts CO2 into bicarbonate (Kavroulakis, p. 17, under Nodule CA plays differing roles in young and mature soybean nodules). Haque further teaches that carbonic acid (which interconverts with bicarbonate) is released into soil from root exudates, where it can participate in carbonate precipitation (Haque, under 1. Introduction; Equations (1) and (3)). Thus, the formation of CaCO3 in the method of Haque is in the presence of carbonic anhydrase. Regarding claim 7, the concentration of carbonic anhydrase is a result-effective variable for the production of bicarbonate/CaCO3 and such result-effective variables are not given patentable weight absent evidence of criticality, which is absent here (see MPEP 2144.05). Regarding claim 8, Haque teaches that the nodule-forming bacteria comprise Rhizobia (e.g., p. 1431, right col., 1st full ¶). Regarding claim 9, Shelp evidences that the conversion of ureides includes formation of amino acids (e.g., ureidoglycine) which are further converted to CO2 + NH3 (Shelp, Fig. 1). Regarding claim 10, Izaguirre evidences that plant-associated bacteria convert ureides to CO2 + NH3 (in a similar manner as in legumes) catalyzed by urease (Izaguirre, Fig. 1). Thus, the nodule-forming bacteria in the method of Haque would provide urease for conversion of ureides to CO2. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J YAMASAKI whose telephone number is (571)270-5467. The examiner can normally be reached M-F 930-6 PST. 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, Louise Humphrey can be reached at 571-272-5543. 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. /ROBERT J YAMASAKI/Primary Examiner, Art Unit 1657 Application/Control Number: 18/657,451 Page 2 Art Unit: 1657 Application/Control Number: 18/657,451 Page 3 Art Unit: 1657 Application/Control Number: 18/657,451 Page 4 Art Unit: 1657 Application/Control Number: 18/657,451 Page 5 Art Unit: 1657 Application/Control Number: 18/657,451 Page 6 Art Unit: 1657 Application/Control Number: 18/657,451 Page 7 Art Unit: 1657
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