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 .
This is a Final Office Action in response to amendment filed on May 8, 2026.
Claims 7 and 15 are cancelled. Claims 1, 2, 4, and 9 are amended. New claim 16 is added. Claims 1-6, 8-14, and 16 are pending and examined herein.
Response to Amendment
The rejections of claims 1-15 under 35 U.S.C. 112(b) are withdrawn in view of amendment to the claims and after full consideration of Applicant’s argument. In particular, the rejection to claim 7 over the term “food processor” is withdrawn in view of Applicant’s narrow interpretation proffered in the Remarks of May 8, 2026.
The rejections of claims 1-6, 8-9 and 13-14 under 35 U.S.C. 102(a)(1) over Park is withdrawn in view of amendment to the claims.
Claim Rejections - 35 USC § 103
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 1-6 and 8, are rejected under 35 U.S.C. 103 as being unpatentable over [ Park, Sunjung. Agrobacterium tumefaciens-mediated transformation of tobacco (Nicotiana tabacum L.) leaf disks: Evaluation of the co-cultivation conditions to increase Β-glucuronidase gene activity. Louisiana State University and Agricultural & Mechanical College, 2006. ] in view of [ Chen (US6051756A, 2000) ].
Claims 1-6 and 8 and the teachings of Park has been presented previously.
Park does not teach the mechanical means using a blender of food processor.
Chen teaches a Brassica transformation processes using a grinding tissue preparation method (Example 2), which comprises germinating seeds, isolating seedling upper portions that contain two cotyledons and a shoot tip, which reads on harvesting “seedling leaves”. The method comprises grinding upper portion into a cellular slurry using a blender.
It would have been prima facie obvious for a person having ordinary skill in the art to have adopted the mechanical maceration method of Chen in the method of Park to have arrived at the instantly claimed method, The PHOSITA would have been motivated to do so given the advantages taught by Chen. The PHOSITA would have had reasonable expectation of success given the teachings and success of Park and Chen.
The claimed invention as a whole is prima facie obvious over the combined teachings of the prior art.
Conclusion
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.
No claims are allowed.
Claims 1-6 and 8 are rejected. Claims 9-14 and 16 are objected for being dependent on rejected base claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEIHUA FAN whose telephone number is (571)270-0398. The examiner can normally be reached Monday-Friday, 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amjad A 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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WEIHUA . FAN
Primary Examiner
Art Unit 1663
/WEIHUA FAN/Primary Examiner, Art Unit 1663
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