Prosecution Insights
Last updated: August 17, 2026
Application No. 18/724,284

SEED TREATMENT METHODS FOR INCREASING YIELD IN CROP PLANTS

Non-Final OA §103
Filed
Jun 26, 2024
Priority
Dec 28, 2021 — EU 21218013.7 +1 more
Examiner
MELLER, MICHAEL V
Art Unit
1655
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Bayer Aktiengesellschaft
OA Round
1 (Non-Final)
47%
Grant Probability
Moderate
1-2
OA Rounds
1y 1m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allowance Rate
356 granted / 755 resolved
-12.8% vs TC avg
Strong +28% interview lift
Without
With
+28.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
58 currently pending
Career history
820
Total Applications
across all art units

Statute-Specific Performance

§101
11.0%
-29.0% vs TC avg
§103
42.9%
+2.9% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
15.9%
-24.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 755 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of claims 1-3, 5-7, 9, 10, 13-15 in the reply filed on 6/26/2026 is acknowledged. Therefore, claims 4, 8, 11 and 12 are withdrawn from further consideration by the Examiner as being drawn to non-elected inventions. Claim Rejections - 35 USC § 103 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 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. Claims 1-3, 5-7, 9, 10, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Trail et al. (US 6,825,216). Trail teaches the use of an alkaloid compound isolated from Piper nigrum (extract) comprising an alkenylene piperidine amide useful for preventing the contamination of plant (propagation) material with mycotoxins by treating the plant material in particular the seeds thereof, see entire reference, especially col. 3, lines 10-end, col. 7, lines 25-35, example 1 and the claims. Trail teaches that applying an effective amount of the alkenylene piperidine amide (which is an extract of Piper nigrum) inhibits biosynthesis of the mycotoxin. Therefore, it would have been obvious to one having ordinary skill in the art to increase the yield of crop plants (plant propagation) since Trail makes it clear that the biosynthesis of mycotoxin is inhibited which can only increase the yield of crop plants since the mycotoxin are inhibited which increases growth and yield since the mycotoxin cannot affect the yield or the growth since they have been inhibited. The fruit of the piper nigrum is the peppercorn (fruit) which inherently has the alkenylene piperidine amide (piper nigrum extract) in it. Oleoresin is simply a concentrated version of the piper nigrum extract which is obvious for storing, for example. It also would have been obvious to grow the crop plant until maturity of its harvestable plant material since one would want a mature plant. To grow the plant in an open field is also obvious to allow the plant to grow as much as it wants. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL V MELLER whose telephone number is (571)272-0967. The examiner can normally be reached M-F 9 am-5:30 pm. 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, Anand Desai can be reached at 571-272-0947. 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. MICHAEL V. MELLER Primary Examiner Art Unit 1655 /MICHAEL V MELLER/ Primary Examiner, Art Unit 1655
Read full office action

Prosecution Timeline

Jun 26, 2024
Application Filed
Jul 31, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
47%
Grant Probability
75%
With Interview (+28.1%)
3y 2m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 755 resolved cases by this examiner. Grant probability derived from career allowance rate.

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