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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant’s response filed 05/13/2026 in reply to the office action of 02/13/2026 has been entered. Claim 44 has been amended. Claims 20-21, 44, and 64-74 are pending and examined.
Withdrawn Objections and Rejections
The written description and 101 rejections to the claims have been withdrawn in view of Applicant’s amendment to the claims and/or upon further consideration.
All previous objections and rejections not set forth below have been withdrawn in view of Applicant’s amendment and/or upon further consideration.
Double Patenting
Claims 20-21 and 64-74 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,421,246 B2; claims 1-11, 14, 22; over claims 1-11, 14, 22 and 26-27 of U.S. Patent No. 9,994,864; over claims 1-12 of U.S. Patent No.10, 557, 147 B2; over claims 1-17 of U.S. Patent No.10,647,992 B2; over claims 1-10 and 15-16 of U.S. Patent No. 12,037, 595. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of both the instant application and each of the issued patent recite a plant comprising an introduced polynucleotide encoding a polypeptide which comprises amino acids having at least 85% or 90% identical to the amino acid sequence of any one or more of SEQ ID NO: 1, 7, 8 or 9; wherein the polypeptide does not contain a glycine at a position corresponding to amino acid residue 144 of SEQ ID NO: 1; and processes for determining whether a polypeptide confers resistance or susceptibility to one or more biotrophic fungal pathogens by obtaining a polynucleotide operably linked to a promoter, wherein the polynucleotide encodes a polypeptide having at least 80%, 85% or 90% identity to SEQ ID NO: 1, 7, 8 or 9 ; wherein the polypeptide does not comprise glycine at a position corresponding to amino acid number 144 of SEQ ID NO: 1; wherein the biotrophic fungal pathogens is one of Blumeria graminis f. sp. tritici, Fusarium graminearum, Bipolaris sorokiniana, Erysiphe graminis f. sp. tritici, Puccinia graminis f. sp. tritici, Puccinia striiformis, Puccinia hordei and Puccinia recondita f. sp. tritici. Therefore, the claimed invention is obvious over and overlap the claims of each of the issued patents. This rejection is repeated for the reasons of record as set forth in the last Office action of 02/13/2026.
In the response filed 05/13/2026, Applicant requests the rejections to be held in abeyance until allowable claims are indicated. However, these are rejections and Applicant’s intention to address the issues until after allowable subject matter is indicated would not obviate the rejection. Therefore, the rejection is maintained.
Conclusion
No claim is allowed.
THIS ACTION IS MADE FINAL. 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEDINA AHMED IBRAHIM whose telephone number is (571)272-0797. The examiner can normally be reached Monday-Friday, 9:00 - 6:00.
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 at 571-270-0305. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MEDINA AHMED. IBRAHIM
Primary Examiner
Art Unit 1662
/MEDINA A IBRAHIM/ Primary Examiner, Art Unit 1662
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