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 .
Specification
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 2 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a product of nature without significantly more. The claim(s) recite(s) a deposited strain of Lagenidium juracyae. This judicial exception is not integrated into a practical application because the claims provide for the microbe, per se, and do not provide for additional elements that would provide for significantly more.
Based upon the instant specification, and the prior art, L. juracyae is a naturally occurring nematocidal microbe. See Guo, et al (Pest Management Science, 81, 7102-7113, 2025), page 7102, “Abstract” section. Additionally, the specification does not suggest that the claimed microbe has been modified or mutated in any manner. As such, it seems clear that the claimed microbe, per se, is a product of nature. Since the claims provide for no additional limitations beyond the naturally occurring microbe, the composition, as a whole, must be a product of nature. See MPEP 2106, especially 2106.04(c).
Claim Rejections - 35 USC § 102
It is noted that Guo, et al (CN 117165450A) is anticipating prior art; however, after looking at inventorship and ownership of the Chinese patent application, it appears as though this is not valid prior art under the 35 USC 102(a)(2) exception.
Allowable Subject Matter
Claims 3-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID W BERKE-SCHLESSEL whose telephone number is (571)270-3643. The examiner can normally be reached M-F 8AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melenie Gordon can be reached at 571-272-8037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID W BERKE-SCHLESSEL/ Primary Examiner, Art Unit 1651
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