DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 08/30/2024, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Receipt is acknowledged of Applicants’ claimed invention filed on 08/30/2024 in the matter of Application N° 18/842,830. Said documents are entered on the record. The Examiner further acknowledges the following:
Thus, claims 1-16 represent all claims currently under consideration.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1- 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kumakura et al. (JPH11225745A), in view of Yoshida et al. (JP2020105113A), and Ono et al. (JP6899107B1).
Kumakura et al. disclose a plant-growing composition comprising a nonmycorrhizal filamentous fungus of the genus Trichoderma, specifically Trichoderma atroviride SKT-1, SKT-2, and SKT-3 strains, which are useful for controlling plant diseases and improving the growing environment of plants (See Abstract; paragraphs 0008-0009). Kumakura et al. disclose that numerous filamentous fungi belonging to the genus Trichoderma were isolated from plant-associated environments and evaluated for activity against crop diseases. Specifically, Kumakura et al. disclose that strain SKT-1 was isolated from the rhizosphere of turf grass (noshiba) and strain SKT-2 was isolated from the rhizosphere of salad greens, and that these isolates exhibited excellent crop disease control effects (See paragraph 0008). Thus, Kumakura et al. teach a functional nonmycorrhizal filamentous fungus derived from a filamentous fungus isolated from a plant-growing environment.
Kumakura et al. further disclose that the strains may be grown by liquid culture and that there is no particular limitation on the culture medium provided the strains can grow (See paragraph 0011), thereby teaching a liquid substrate containing fungal mycelia. Kumakura et al. additionally disclose that the strains exhibit rapid hyphal growth and produce aerial mycelia (See paragraph 0011). The fungal compositions are applied to plants, including spraying spore suspensions onto rice seedlings and treating bentgrass during cultivation (See paragraphs 0022 and 0032), thereby teaching application of the composition to growing plants. Therefore, Kumakura et al. disclose a plant growing composition comprising a liquid substrate and a mycelium of a functional nonmycorrhizal filamentous fungus having a function contributable to plant growth or the plant growing environment.
Kumakura et al. further discloses culturing the fungal strain for 7 days and diluting the cultured material with sterile sand at a volume ratio of 1:50 to prepare an inoculum, which was applied to bentgrass at a rate of 10 g per 100 cm2 (See paragraph 0032). This further demonstrates the use of cultured fungal material in a plant growing composition for application to plants and their growing environment.
Kumakura et al. disclose that Trichoderma atroviride SKT-3 exhibits rapid hyphal elongation and initially forms wool-like aerial mycelium on culture media before conidia are produced (See paragraph 0011). Thus, Kumakura et al. teach that the cultured fungus exists in a predominantly vegetative mycelial form during growth and prior to sporulation.
It would have been obvious to one of ordinary skill in the art that fungal cultures harvested during active growth would contain substantial amounts of mycelial biomass, including amounts wherein mycelium constitutes at least 50 % of the fungal material, because mycelium is the principal vegetative growth form of filamentous fungi and necessarily accumulates before extensive conidia formation occurs.
Regarding claims 2, and 10, Kumakura et al. disclose culturing Trichoderma atroviride SKT-1, SKT-2, and SKT-3 on potato dextrose agar (PDA) medium comprising potato, glucose (20.0 g), agar, and distilled water (1000 mL) (See paragraph 0011). Glucose is a saccharide. Therefore, Kumakura et al. disclose a substrate containing 20 g/L glucose, which exceeds the claimed limitation of a substrate containing greater than or equal to 1 g/L of a saccharide.
Regarding claims 3, and 11, Kumakura et al. disclose that the SKT-1, SKT-2, and SKT-3 strains may be grown by known means including liquid culture and that there is no particular limitation on the culture medium or culture conditions provided the strains can grow (See paragraph 0011). Kumakura et al. further disclose that the strains exhibit rapid hyphal growth and produce aerial mycelia (See paragraph 0011), thereby teaching mycelium derived from cultured filamentous fungi.
The liquid culture of Trichoderma atroviride would have inherently been conducted under aerobic conditions because Trichoderma is an aerobic filamentous fungus requiring oxygen for growth. Moreover, the cultured mycelium produced by the liquid culture would inherently be associated with and derived from the liquid culture medium, such that at least a portion of the substrate would be derived from the liquid medium in which the fungus was cultured.
Therefore, Kumakura et al. teach or render obvious a mycelium derived from a culture of the functional filamentous fungus cultured in a liquid medium under aerobic conditions, wherein at least a portion of the substrate is derived from the liquid medium.
Claims 4 and 12, is rejected under 35 U.S.C. 103 as being unpatentable over Kumakura et al. in view of Yoshida et al.
Kumakura et al. disclose culturing a functional nonmycorrhizal filamentous fungus, namely Trichoderma atroviride SKT-1, SKT-2, or SKT-3, by liquid culture to produce fungal mycelia for application to plants (See paragraph 0011).
Yoshida et al. disclose a pesticide composition comprising a filamentous fungus culture solution of dried fungal culture product. Yoshida et al. further disclose agricultural formulations containing organic materials including rice bran, wheat flour, beer meal, sugarcane squeezing meal (bagasse), okara, and fusuma (See paragraph 0018). Such materials are recognized nutrient sources that provide carbon and nitrogen components for fungal growth and cultivation.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize the nutrient-containing culture materials taught by Yoshida et al. in the liquid culture process of Kumakura et al. because nutrient optimization through the selection of carbon and nitrogen sources was well known to promote fungal growth and biomass production. The combination merely involves the predictable use of known fungal cultivation materials for their established purpose.
Regarding claims 5, and 13, Kumakura et al. disclose that Trichoderma atroviride SKT-3 exhibits rapid hyphal elongation and initially forms wool-like aerial mycelium on culture media before conidia are produced (See paragraph 0011). Thus, Kumakura et al. teach that the cultured fungus exists in a predominantly vegetative mycelial form during growth and prior to sporulation.
It would have been obvious to one of ordinary skill in the art that fungal cultures harvested during active growth would contain substantial amounts of mycelial biomass, including amounts wherein mycelium constitutes at least 50 % of the fungal material, because mycelium is the principal vegetative growth form of filamentous fungi and necessarily accumulates before extensive conidia formation occurs.
Regarding claims 6, and 14, Kumakura et al. disclose that Trichoderma atroviride SKT-1, SKT-2, and SKT-3 exhibit excellent crop disease control effects and are effective for controlling various plant diseases (See Abstract; and paragraphs 0008-0009). Kumakura et al. further discloses applying the fungal strains to plants to suppress disease development (See paragraphs 0022 and 0032).
Accordingly, Kumakura et al. teach a functional filamentous fungus having the function of protecting a growing plant from a disease fungus, as recited in claim 6. Therefore, Kumakura et al. disclose at least one of the recited functions selected from the group consisting of promoting plant growth, protecting the growing plant from a disease fungus or pest, increasing rhizosphere biome diversity, enhancing resistance against abiotic stress, and modifying the rhizosphere biome.
Claims 7, 8, and 15, is rejected under 35 U.S.C. 103 as being unpatentable over Kumakura et al. in view of Ono et al.
Kumakura et al. disclose applying a functional nonmycorrhizal filamentous fungus to plants and plant-growing environments for disease control and improvement of the growing environment.
Ono et al. disclose collecting samples from a target area for growing plants and performing DNA-based microbial flora analysis of the samples prior to plant introduction. Ono et al. further disclose analyzing microbial communities in the target area, determining plants to be grown based on the microbial flora analysis results, and reconstructing the ecosystem by introducing plants and microorganisms having beneficial effects on plant growth. Ono et al. additionally disclose that microbial diversity may be evaluated using classification hierarchies, operational taxonomic units, and amplicon sequencing variants (See Description and claims).
It would have been obvious to one of ordinary skill in the art to analyze the soil microbial community before and after application of the fungal composition of Kumakura et al. using the microbial flora analysis techniques of Ono et al. in order to evaluate the impact of the fungal treatment on the soil ecosystem and plant growing environment.
Regarding claim 8, Kumakura et al. disclose isolating nonmycorrhizal filamentous fungi of the genus Trichoderma from rhizosphere samples and selecting strains exhibiting excellent crop disease control effects (See paragraph 0008). Kumakura et al. further discloses culturing the selected strains by liquid culture to produce fungal mycelia and fungal compositions for application to plants (See paragraph 0011).
Kumakura et al. disclose that Trichoderma atroviride SKT-3 exhibits rapid hyphal elongation and initially forms wool-like aerial mycelium on culture media before conidia are produced (See paragraph 0011). Thus, Kumakura et al. teach that the cultured fungus exists in a predominantly vegetative mycelial form during growth and prior to sporulation.
It would have been obvious to one of ordinary skill in the art that fungal cultures harvested during active growth would contain substantial amounts of mycelial biomass, including amounts wherein mycelium constitutes at least 50 % of the fungal material, because mycelium is the principal vegetative growth form of filamentous fungi and necessarily accumulates before extensive conidia formation occurs.
Ono et al. disclose specifying a target area for growing plants, collecting samples from the target area, performing microbial flora analysis of the collected samples, and identifying microorganisms that contribute to plant growth and ecosystem construction. Ono et al. further disclose utilizing microorganisms indigenous to the target area to establish a beneficial symbiotic relationship with plants.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to select the planting site and identify beneficial filamentous fungi from samples collected from the planting site or neighboring area as taught by Ono et al., and to culture the selected fungi according to the methods taught by Kumakura et al., because doing so would enable the use of locally adapted microorganisms having known beneficial effects on plant growth and plant plant-growing environments.
Accordingly, the combined teachings of Kumakura et al. and Ono et al. disclose a method comprising specifying a planting site, specifying a functional filamentous fungus isolated from a sample collected from the planting site or a neighborhood thereof, and culturing the specified fungus to obtain a plant growing composite comprising a liquid substrate and fungal mycelium.
Regarding claims 9, and 16, Kumakura et al. disclose applying compositions comprising Trichoderma atroviride SKT-1, SKT-2, and SKT-3 to growing plants. Specifically, Kumakura et al. disclose spraying spore suspensions onto rice seedlings (See paragraph 0022) and applying fungal inoculum to bentgrass (See paragraph 0032). Kumakura et al. further disclose that the fungal strains are effective for controlling plant diseases and improving the plant-growing environment (See Abstract; and paragraphs 0008-0009).
Accordingly, Kumakura et al. teach a method of growing a plant comprising applying a plant growing composite to a growing plant, as recited in claim 9.
Conclusion
No claim is allowed.
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/KIMBERLY BARBER/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
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