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 .
Priority
Applicant’s claim for the foreign benefit of a prior-filed application NO: CN202410078912.4 filed January 19th, 2024 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Thus, the earliest possible priority for the instant application is currently December 17th, 2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 17th, 2024 was considered, initialed, and attached hereto. A signed copy of the list of references cited is included with this Office Action.
Status of Claims
Claims 1-14 filed December 17th, 2024 are pending and examined herein.
Claim Objections
In claims 1-14, “OlGn8.2” is used as abbreviation. It is suggested to insert a definition for OlGn8.2 without bringing in new matter, immediately before the first appearance of “OlGn8.2” in claim 1; and to enclose the appearance of “OlGn8.2” in parentheses (in claim 1 only).
Claim 4 is objected to for the additional space before the period at the end of the claim. Appropriate correction is required.
Claim Interpretation
Claims 1 and 2 recite an amino acid sequence of a protein encoded by the OlGn8.2 gene as shown in SEQ ID NO: 4 and a nucleotide sequence of the OlGn8.2 gene shown in SEQ ID NOs: 1, 2, or 3, respectively. The recitation of “an amino acid sequence” and “a nucleotide sequence” render the claim broad, wherein the broadest reasonable interpretation of the recitation of SEQ ID NOs 1-4 is that the SEQ ID NOs contain, in any position or length, an amino acid sequence of a protein encoded by the OlGn8.2 gene and a nucleotide sequence of the OlGn8.2 gene. Without specificity with regard to the sequence identity of the amino acid sequence and the nucleotide sequence of the OlGn8.2 gene to the listed SEQ ID NOs, the amino acid and nucleotide sequences of OlGn8.2 are taken to mean aligned with the recited SEQ ID NOs: anywhere from partial identity to full length identity.
Additionally, the gene name of OlGn8.2 is not spelled out in the claims or in the specification, and is instead referred to as an acronym only. Thus, OlGn8.2 is defined by the structure of the claimed sequences and an amino acid or nucleotide with high sequence similarity is taken to have sufficient structure to align with the function of this gene.
Thus, these claims, and following dependent claims, are interpreted by the broadest reasonable interpretation.
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 1-2, 4-10 and 13-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claims 1-2, 4, 10, and 13, the claims do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1-2, 4, 10, and 13 are determined to be directed to subject matter that is naturally occurring, or to a law of nature/natural principle or natural phenomenon. The rationale for this determination is explained below.
The claims are drawn to a gene from wild rice Oryza longistaminata and amino acid and nucleotide sequences and applications thereof. The Applicant concedes that the OlGn8.2 gene is specific to wild Oryza longistaminata and that was isolated using a map-based cloning method [pg. 3, lns. 5-6]. Because the claim does not recite any additional features to distinguish the gene from one that is not naturally occurring within a wild Oryza longistaminata, the claims are directed to a law of nature/natural principle or natural phenomenon.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because claims 1 and 2 recite SEQ ID NOs: containing an amino acid sequence and nucleotide sequences of the gene that the Applicant concedes is specific to wild rice.
Further, claim 4 recites “an application” of the gene of claim 1 including increasing the number of primary and secondary rice branches, rice grains per panicle, yield, and in cultivating high-yield varieties. Claims 10 and 13 are drawn to introducing the gene into rice through hybridization transfer. This does not include additional elements that are sufficient to amount to significantly more than the judicial exception because several spontaneous hybrids of O. longistaminata and other rice cultivars have been reported1. As, O. longistaminata has been introgressed to improve biotic stress tolerance, ratooning ability, and yield in O. sativa, spontaneous hybrids would at some point naturally have higher yield through natural hybridization (i.e., hybridization transfer).
The judicial exception is not integrated into a practical application because the claimed invention is directed to naturally-occurring nucleotides, cells, organisms, and processes. A claim that focuses on use of a natural principle must also include additional elements or steps to show that the inventor has practically applied, or added something significant to, the natural principle itself. Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. __, 132 S.Ct. 1289,101 USPQ2d 1961 (2012), at 1966. To show integration, the additional elements or steps must relate to the natural principle in a significant way to impose a meaningful limit on the claim scope.
Examiner notes that claims 3-12 and 14 overcome the above rejection for the recitation of non-natural materials, such as primers for amplifying the OlGn8.2 gene and a molecular marker.
Regarding claims 4-9 and 14, the claims do not fall within at least one of the four categories of patent eligible subject matter because "use" claims are not proper process claims. Although the claims recite “application” instead of “use”, these are taken to be synonymous given the context and rejected equivalently. "Use" claims that do not purport to claim a process, machine, manufacture, or composition of matter fail to comply with 35 U.S.C. 101. In re Moreton, 288 F.2d 708, 709, 129 USPQ 227, 228 (CCPA 1961)("one cannot claim a new use per se, because it is not among the categories of patentable inventions specified in 35 U.S.C. § 101 "). Claims 4-9 and 14 recite no active method steps, further demonstrating that the claims are not to a process.
Examiner notes that claims 10-12 recite active method steps defining how the application is achieved (i.e., introducing the gene through hybridization transfer or gene transfer) and claim 13 is a method claim with active method steps. Examiner notes that amending the above claims to recite active method steps may help to overcome the rejection.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, and claims 2-14 depending therefrom, the recitation of a “high-yield and large panicle gene” is unclear. “High-yield” and “large” are both relative terms which render the claim indefinite. The term “high-yield” is not defined by the claim, nor is the meaning of “large panicle gene”. The specification does not provide a standard for ascertaining the requisite degree. It is additionally unclear if the “large” terminology refers to the panicle or to the gene as claimed. Does the gene control the panicle size, making it larger than wild-type rice panicle size, or is the panicle gene larger than a wild-type panicle gene? One of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In claims 4-13, the term “increasing” is a relative term which renders the claims indefinite. The term “increasing” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims 4-13 do not provide a comparison to which the application of the OlGn8.2 gene increases the number of primary and secondary branches, rice grains per panicle, and yield. Is this in comparison to control wild-type O. sativa plant? In comparison to any rice cultivar? Or any plant? Appropriate clarification is required.
Claims 4-9 and 14 are applications of the gene for a specific outcome, such as for increasing rice yield. Although the claims recite a desired outcome, the claims merely recite a use without any active, positive steps delimiting how this use is actually practiced. It is not clear what the Applicant is claiming with the recitation of an application of the gene and no active steps to achieve the desired outcome, thus, these claims are indefinite.
Examiner notes that claims 10-12 overcome this particular rejection due to the inclusion of “…wherein the application is achieved by introducing the OlGn8.2 gene…”, which provides at least some guidance as to how the use is practiced.
Further, claim 5 recites “an application of primers used to amplify the OlGn8.2 gene according to claim 1, including at least one of the following applications: applications for increasing a number of primary and secondary rice branches, increasing a number of rice grains per panicle, increasing rice yield, and cultivating high-yield rice varieties”. It is not clear to one of ordinary skill in the art what the primers are intended to do in this claim.
In the art, primer amplification is performed primarily through PCR to enable genetic analysis, allowing for the identification of specific DNA sequences through selective amplification of a target sequence2. This can aid in accelerating breeding efforts for the creation of high-yield rice varieties and identifying key genes to increase yields, such as the OlGn8.2 gene of the instant application, but do not themselves directly increase yields. It is not clear if the applicant intends to claim that the application of primers used to amplify the OlGn8.2 gene is to directly reach the desired application (e.g., increased number of rice grains per panicle), which does not appear to be an inherent function of primer amplification, or if the claim is missing imperative steps towards the claimed applications, such as introduction of the OlGn8.2 gene as recited in claim 11. Appropriate clarification is requested.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 2 are drawn to a high-yield and large panicle gene, OlGn8.2, wherein an amino acid sequence of a protein encoded by the gene is as shown in SEQ ID NO: 4, and a nucleotide sequence of the gene is any one of the sequences shown in SEQ ID NO: 1-3. As in the claim interpretation detailed above, an amino acid sequence as shown in a SEQ ID NO: 4 or a nucleotide sequence of the gene as shown in any one of SEQ ID NOs: 1-3 leaves a wide breath of sequences that could overlap with the claimed gene.
The instant disclosure describes obtaining the full-length fragment of the OlGn8.2 gene and using the cDNA as a template to design primers for PCR amplification. The amplified product was then inserted into the expression vector. The recombinant vector OlGn8.2-OE was introduced into Agrobacterium tumefaciens and injected into rice tissue.
The instant disclosure does not describe a fragment or nucleotide sequence within SEQ ID NOs: 1-3 that yields the same functionality.
As is known in the art, fragments of biological sequences can sometimes retain functional properties, but they do not always perform the exact same role as the whole sequence. Dib, L. et al. (2012, “Protein Fragments: Functional and Structural Roles of Their Coevolution Networks,” PloS ONE 7(11): e48124) teaches that fragments along a protein sequence may form functional motifs necessary to the function claimed, without which, the truncated portion may not function [Abstract; pg. 2, col. 1, ¶2]. The Applicant does not provide sufficient species of a fragment of a sequence functioning as a high-yield and large panicle gene as claimed.
Due to the functional unpredictability and breadth of the potential fragments, one of ordinary skill in the art would not recognize that Applicant was in possession of the invention as claimed. Undue experimentation would be required to ensure that all fragments of the claimed sequences still maintained the functionality of the sequences. Examiner notes that amending the claims to recite with more specificity the OlGn8.2 gene with identity to the claimed SEQ ID NOs: might help to overcome this rejection.
Claim 3 recites a biological material related to the gene, which is any one of the following materials: primers for amplifying the gene, expression cassettes, recombinant vectors, transgenic cell lines, or recombinant microorganisms containing the gene. The term “related” provides no structural or functional limitations on how closely related the biological material must be. Indeed, Merriam-Webster simply defines related as connected by reason of an established or discoverable relation. Thus, this may be as broad as a recombinant vector sharing some sequence similarity to the gene, sharing a similar functionality in increasing rice yield, or merely an undiscovered relation. Similarly, claims 5, 8, and 11 rely on the broad genus of “an application of primers” without defining the primers.
The instant specification describes specific primer sequences for the positive identification and detection of OlGn8.2 expression levels [Table 4-5], but does not reduce to practice the broad genus of primers related the gene. The instant specification reduces to practice a OlGn8.2 gene overexpression vector using amplified OlGn8.2-F/R primers in Agrobacterium. Positive recombinant strains of Agrobacterium were used to infect the callus of the rice cultivar 9311. The instant specification does not reduce to practice the broad genus of expression cassettes, recombinant vectors, transgenic cell lines, and recombinant microorganisms. Additionally, the only infected rice cultivar was 9311, which was one of the parent lines.
Due to the functional unpredictability and breadth of the potential biological materials, one of ordinary skill in the art would not recognize that Applicant was in possession of the invention as claimed. Undue experimentation would be required to ensure that any related biological material as claimed still maintained the functionality of the gene and led to the claimed applications. Examiner notes that further defining with specificity the primers, cassettes, vectors, transgenic cell lines, and recombinant microorganisms, as well as the actual relationship to the OlGn8.2 gene may help to overcome this rejection.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 10-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by La Rosa, T. et al., “Rice Nucleic Acid Molecules And Other Molecules Associated With Plants And Uses Thereof For Plant Improvement,” U.S. Patent Application Publication NO: US 20040123343 A1, published 06/24/2004 (referred to as Rosa herein).
Claim 1 recites a high-yield and large panicle gene OlGn8.2 genefrom wild rice Oryza longistaminata, wherein an amino acid sequence of a protein encoded by the OlGn8.2 gene is as shown in SEQ ID NO.4.
Claim 2 recites the OlGn8.2 gene according to claim 1, wherein a nucleotide sequence of the OlGn8.2 gene is any one of the sequences shown in SEQ ID NO.1, 2, or 3.
Claim 3 recites a biological material related to the OlGn8.2 gene according to claim 1, which is any one of following materials: primers for amplifying the OlGn8.2 gene, expression cassettes, recombinant vectors, transgenic cell lines, or recombinant microorganisms containing the OlGn8.2 gene.
Claim 4 recites an application of OlGn8.2 gene according to claim 1, including at least one of following applications: applications for increasing a number of primary and secondary rice branches, increasing a number of rice grains per panicle, increasing rice yield, and cultivating high-yield rice varieties.
Claim 5 recites an application of primers used to amplify the OlGn8.2 gene according to claim 1, including at least one of following applications: applications for increasing a number of primary and secondary rice branches, increasing a number of rice grains per panicle, increasing rice yield, and cultivating high-yield rice varieties.
Claim 6 recites an application of an expression cassette, a recombinant vector, a transgenic cell line, or a recombinant microorganism containing the OlGn8.2 gene according to claim 1, including at least one of following applications: applications for increasing a number of primary and secondary rice branches, increasing a number of rice grains per panicle, increasing rice yield, and cultivating high-yield rice varieties.
Claim 10 recites the application according to claim 4, wherein the application is achieved by introducing the OlGn8.2 gene through hybridization transfer, or increasing an expression level of OlGn8.2 gene through gene transfer.
Claim 11 recites the application according to claim 5, wherein the application is achieved by introducing the OlGn8.2 gene through hybridization transfer, or increasing an expression level of OlGn8.2 gene through gene transfer.
Claim 12 recites the application according to claim 6, wherein the application is achieved by introducing the OlGn8.2 gene through hybridization transfer, or increasing an expression level of OlGn8.2 gene through gene transfer.
Claim 13 recites a method for increasing rice yield, including introducing the OlGn8.2 gene of claim 1 into rice through hybridization transfer, or transferring an expression vector into rice to overexpress the OlGn8.2 gene of claim 1.
Claim 14 recites an application of the OlGn8.2 gene of claim 1 as a molecular marker in rice breeding.
Regarding claim 1, Rosa discloses polynucleotides, and polypeptides encoded by the polynucleotide sequences, for the production of transgenic rice plants with improved properties [Abstract; ¶20]. Rosa teaches isolated and purified polynucleotides comprising DNA sequences and the polypeptides encoded by such molecules from Oryza sativa. Polynucleotide sequences of the invention are provided as SEQ ID NO: 1 to 102,483. Polypeptides of the present invention are provided as SEQ ID NO: 102,484 to 204,966.
Rosa discloses SEQ ID NO: 146734 (Clone ID: PAT_MRT4530_4732C.1.pep) with 91.8% identity to SEQ ID NO: 4 of the instant application (see, alignment below). Rosa does not explicitly teach that this is a gene from wild rice Oryza longistaminata, but it is known in the art that genes from O. longistaminata have been introgressed in the closely related O. sativa and that spontaneous hybridization has occurred between O. longistaminata and O. sativa1. Thus, as the structure align with the OlGn8.2 gene of the instant application, the function would follow the structure. The sequence is taken to read on the OlGn8.2 gene, absent evidence to the contrary.
Query Match 91.8%; Score 1421; Length 2074;
Best Local Similarity 93.3%;
Matches 265; Conservative 2; Mismatches 17; Indels 0; Gaps 0;
Qy 1 MHQKHPKSLITDKDASMAKAITKVMPNTDHRLCSWHIEENMKCHLRRQKLADFKKFLYDA 60
|||||||||||| |||||||||||||||||||||||||||||||||||||||||||||||
Db 192 MHQKHPKSLITDGDASMAKAITKVMPNTDHRLCSWHIEENMKCHLRRQKLADFKKFLYDA 251
Qy 61 MDVDDFERCWVEYKAKYGFNENNLWISMMYELRKKWSTAYMKGKRFLGMRSNQRSESLNS 120
||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||||
Db 252 MDVDDFERCWVEYKAKYGFNENNLWISMMYELRKKWSTAYMKGTRFLGMRSNQRSESLNS 311
Qy 121 RLHRHLDRKMSLVDLVEHYEFCLSRIRRNEAKLDARVSQSVSFTTICADPLEKSVARIYT 180
||||||||||||||||||||||||||||||| |||| ||||||||||||||||| ||||
Db 312 RLHRHLDRKMSLVDLVEHYEFCLSRIRRNEAVLDARASQSVSFTTICADPLEKSAARIYM 371
Qy 181 PAMFKKVWAEIRKLYEWEVFNVARQDGAGVFTVASKDNNVVQVHVRCTFEEQSMNSANCD 240
||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||
Db 372 PAMFKKVWAEIRKLYEWEVFNVARQDGAGVFTVASKDNNVVQVHVWCTFEEQSMNSANCD 431
Qy 241 CKKLECDGIPCSHVCAVLKFLGVGTIPRCCVMVRWTMDAKAAFE 284
||||||||||||||||||||||||||| |||| | ::
Db 432 CKKLECDGIPCSHVCAVLKFLGVGTIPHCCVMTTQICSIHALYD 475
Regarding claim 2, Rosa discloses SEQ ID NO: 44251 (Clone ID: PAT_MRT4530_4732C.1) with 92.4% identity to SEQ ID NO: 3 of the instant application (see, alignment below). Given the claim interpretation and the similarities and introgression between O. sativa and O. longistaminata detailed above, SEQ ID NO: 44251 reads on SEQ ID NO: 3 of the instant application, absent evidence to the contrary.
Query Match 92.4%; Score 798.4; Length 6225;
Best Local Similarity 98.7%;
Matches 805; Conservative 0; Mismatches 11; Indels 0; Gaps 0;
Qy 1 ATGCACCAAAAACATCCGAAATCATTGATCACTGATAAGGATGCATCAATGGCGAAGGCA 60
|||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||
Db 574 ATGCACCAAAAACATCCGAAATCATTGATCACTGATGGGGATGCATCAATGGCGAAGGCA 633
Qy 61 ATTACAAAGGTTATGCCCAATACTGATCATAGATTGTGTAGTTGGCACATTGAGGAGAAC 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 634 ATTACAAAGGTTATGCCCAATACTGATCATAGATTGTGTAGTTGGCACATTGAGGAGAAC 693
Qy 121 ATGAAATGTCACCTCCGTCGCCAAAAGCTTGCAGATTTTAAGAAATTCCTTTATGATGCT 180
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 694 ATGAAATGTCACCTCCGTCGCCAAAAGCTTGCAGATTTTAAGAAATTCCTTTATGATGCT 753
Qy 181 ATGGATGTTGATGACTTTGAGAGATGTTGGGTTGAGTATAAGGCCAAGTATGGATTCAAT 240
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 754 ATGGATGTTGATGACTTTGAGAGATGTTGGGTTGAGTATAAGGCCAAGTATGGATTCAAT 813
Qy 241 GAAAATAACTTATGGATAAGCATGATGTACGAGCTAAGGAAGAAGTGGTCCACTGCATAT 300
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 814 GAAAATAACTTATGGATAAGCATGATGTACGAGCTAAGGAAGAAGTGGTCCACTGCATAT 873
Qy 301 ATGAAAGGGAAACGCTTCCTTGGAATGCGGAGCAACCAACGGAGCGAGTCTTTGAACTCA 360
|||||||||| |||||||||||||||||||||||||||||||||||||||||||||||||
Db 874 ATGAAAGGGACACGCTTCCTTGGAATGCGGAGCAACCAACGGAGCGAGTCTTTGAACTCA 933
Qy 361 AGGTTGCATAGGCATCTTGATCGAAAGATGTCGCTGGTCGATTTGGTTGAGCACTATGAG 420
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 934 AGGTTGCATAGGCATCTTGATCGAAAGATGTCGCTGGTCGATTTGGTTGAGCACTATGAG 993
Qy 421 TTTTGCTTGTCACGTATCCGTAGGAATGAGGCCAAGCTGGATGCGAGAGTGTCGCAGTCT 480
||||||||||||||||||||||||||||| ||| |||||||||||||| ||||||||||
Db 994 TTTTGCTTGTCACGTATCCGTAGGAATGAAGCCGTGCTGGATGCGAGAGCGTCGCAGTCT 1053
Qy 481 GTCTCGTTCACTACAATATGTGCTGACCCACTAGAGAAAAGTGTGGCACGTATTTACACG 540
||||||||||||||||||||||||||||||||||||||||||| |||||||||||||| |
Db 1054 GTCTCGTTCACTACAATATGTGCTGACCCACTAGAGAAAAGTGCGGCACGTATTTACATG 1113
Qy 541 CCGGCCATGTTCAAGAAGGTCTGGGCAGAGATAAGGAAGCTATATGAGTGGGAAGTTTTC 600
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1114 CCGGCCATGTTCAAGAAGGTCTGGGCAGAGATAAGGAAGCTATATGAGTGGGAAGTTTTC 1173
Qy 601 AATGTGGCAAGACAAGATGGTGCTGGTGTGTTTACCGTTGCATCAAAAGACAACAATGTT 660
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1174 AATGTGGCAAGACAAGATGGTGCTGGTGTGTTTACCGTTGCATCAAAAGACAACAATGTT 1233
Qy 661 GTGCAGGTTCATGTGAGGTGTACTTTTGAGGAGCAATCGATGAATAGTGCCAATTGCGAT 720
||||||||||||||| ||||||||||||||||||||||||||||||||||||||||||||
Db 1234 GTGCAGGTTCATGTGTGGTGTACTTTTGAGGAGCAATCGATGAATAGTGCCAATTGCGAT 1293
Qy 721 TGCAAAAAGCTGGAGTGTGACGGCATCCCTTGCTCTCATGTTTGTGCTGTTCTTAAGTTT 780
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1294 TGCAAAAAGCTGGAGTGTGACGGCATCCCTTGCTCTCATGTTTGTGCTGTTCTTAAGTTT 1353
Qy 781 CTTGGTGTCGGCACTATTCCTCGTTGTTGTGTTATG 816
|||||||||||||||||||||| |||||||||||||
Db 1354 CTTGGTGTCGGCACTATTCCTCATTGTTGTGTTATG 1389
Regarding claims 3 and 5-6, Rosa discloses that polynucleotide fragments of the invention can be used as primers for PCR amplification (i.e., a biological material related to the OlGn8.2 gene, which are primers for amplifying the gene; an application of primers used to amplify the OlGn8.3 gene) [¶06, 76]. Rosa additionally discloses that the gene is prepared for insertion into the T-DNA vector using well-known gene cloning techniques and amplified by PCR using a set of primers [¶76]. Both the amplified DNA and the cloning vector are cut with the same restriction enzymes and the resulting fragments transformed into E. coli. Plasmid DNA containing the vector with inserted gene may be isolated from E. coli cells selected for spectinomycin resistance and transformed into Agrobacterium tumefaciens (i.e., recombinant microorganism). Agrobacterium-mediated transformation is then used for the introduction of DNA into plant cells for increased expression of the polypeptide of interest with improved properties, such as yield improvement (i.e., applications for increasing rice yield) [¶78].
Regarding claim 4, Rosa teaches that constructs created using the polynucleotides of interest are useful for the production of transgenic plants having increased yield (i.e., an application of the gene including applications for increasing rice yield) [¶15; claim 3].
Regarding claims 10-12, Rosa teaches that the polynucleotides of the invention find particular use in generation of transgenic plants to increase expression of the polypeptides encoded by the cDNA polynucleotides (i.e., wherein the application is achieved by introducing the OlGn8.2 gene through hybridization transfer or increasing an expression level of OlGn8.2 gene through gene transfer) [¶20]. This includes use of the gene, primers, and recombinant microorganism/vector. Rosa teaches that genes of the invention can provide plants having improved growth and development, and ultimately increased yield. Rosa teaches that enhanced protein activity is measured by reference to a wild type cell or organism and can be determined by direct or indirect measurement [¶29].
Regarding claim 13, Rosa teaches methods of using the polynucleotides for production of transgenic rice plants with improved yield through Agrobacterium-mediated transformation, a widely used method of gene transfer (i.e., a method for increasing rice yield). Rosa further teaches that Agrobacterium-mediated transformation includes transferring an expression vector into the plant of interest by inserting the gene into the T-DNA vector, transforming into Agrobacterium tumefaciens, and using the cells containing the vector to transform rice [¶75-76]. Rosa teaches that the plant transformed with the expression vector can have higher gene expression and ultimately increased yield [¶20] (i.e., including transferring an expression vector into rice to overexpress the OlGn8.2 gene).
Regarding claim 14, Rosa teaches that the invention also provides fragments of the polynucleotides of the present invention for use, for example as probes or molecular markers for use as plant breeding markers (i.e., an application of the OlGn8.2 gene as a molecular marker in rice breeding [¶6, 18].
Thus, given the structure and the function of the sequences of Rosa with high identity to the SEQ ID NOs of the amino acid and nucleotide sequences OlGn8.2 of the instant application, Rosa anticipates the instant invention.
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, 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, H. et al. “FHY3 Protein To Inhibit Leaf Senescence And Increase The Application In Crop Yield”, Chinese Patent Document ID NO: CN 110204603 A, published 09/06/2019, in view of Feng, Q. et al., 2002, “Sequence and analysis of rice chromosome 4”. Nature, 420(6913):316-320.
Claim 1 recites a high-yield and large panicle gene OlGn8.2 gene from wild rice Oryza longistaminata, wherein an amino acid sequence of a protein encoded by the OlGn8.2 gene is as shown in SEQ ID NO.4.
Claim 2 recites the OlGn8.2 gene according to claim 1, wherein a nucleotide sequence of the OlGn8.2 gene is any one of the sequences shown in SEQ ID NO.1, 2, or 3.
Claim 3 recites a biological material related to the OlGn8.2 gene according to claim 1, which is any one of following materials: primers for amplifying the OlGn8.2 gene, expression cassettes, recombinant vectors, transgenic cell lines, or recombinant microorganisms containing the OlGn8.2 gene.
Claim 4 recites an application of OlGn8.2 gene according to claim 1, including at least one of following applications: applications for increasing a number of primary and secondary rice branches, increasing a number of rice grains per panicle, increasing rice yield, and cultivating high-yield rice varieties.
Claim 5 recites an application of primers used to amplify the OlGn8.2 gene according to claim 1, including at least one of following applications: applications for increasing a number of primary and secondary rice branches, increasing a number of rice grains per panicle, increasing rice yield, and cultivating high-yield rice varieties.
Claim 6 recites an application of primers used to amplify the OlGn8.2 gene according to claim 1, including at least one of following applications: applications for increasing a number of primary and secondary rice branches, increasing a number of rice grains per panicle, increasing rice yield, and cultivating high-yield rice varieties.
Claim 10 recites the application according to claim 4, wherein the application is achieved by introducing the OlGn8.2 gene through hybridization transfer, or increasing an expression level of OlGn8.2 gene through gene transfer.
Claim 11 recites the application according to claim 5, wherein the application is achieved by introducing the OlGn8.2 gene through hybridization transfer, or increasing an expression level of OlGn8.2 gene through gene transfer.
Claim 12 recites the application according to claim 6, wherein the application is achieved by introducing the OlGn8.2 gene through hybridization transfer, or increasing an expression level of OlGn8.2 gene through gene transfer.
Claim 13 recites a method for increasing rice yield, including introducing the OlGn8.2 gene of claim 1 into rice through hybridization transfer, or transferring an expression vector into rice to overexpress the OlGn8.2 gene of claim 1.13. A method for increasing rice yield, including introducing the OlGn8.2 gene of claim 1 into rice through hybridization transfer, or transferring an expression vector into rice to overexpress the OlGn8.2 gene of claim 1.
Claim 14 recites an application of the OlGn8.2 gene of claim 1 as a molecular marker in rice breeding.
Regarding claims 1 and 2, an NCBI BLAST search revealed GenBank NO: CAD40359.2 (OSJNBa0093P23.5 [Oryza sativa Japonica Group]), as taught by Feng, with 97% identity to SEQ ID NO: 4 of the instant application. As detailed above, genes from O. longistaminata have been introgressed both in breeding efforts and spontaneously, and O. longistaminata is closely related to O. sativa1. Thus, with high sequence identity and likely related function, given the sequence structure, CAD40359.2 is taken to read on the OlGn8.2 amino acid sequence of claim 1, absent evidence to the contrary. CAD40359.2 is a FAR-RED ELONGATED HYPOCOTYL 3 (FHY3) from Oryza sativa Japonica Group.
Score
Expect
Method
Identities
Positives
Gaps
572 bits(1473)
0.0
Compositional matrix adjust.
264/273(97%)
264/273(96%)
0/273(0%)
Query 1 MHQKHPKSLITDKDASMAKAITKVMPNTDHRLCSWHIEENMKCHLRRQKLADFKKFLYDA 60
MHQKHPKSLITD DASMAKAITKVMPNTDHRLCSWHIEENMKCHLRRQKLADFKKFLYDA
Sbjct 192 MHQKHPKSLITDGDASMAKAITKVMPNTDHRLCSWHIEENMKCHLRRQKLADFKKFLYDA 251
Query 61 MDVDDFERCWVEYKAKYGFNENNLWISMMYELRKKWSTAYMKGKRFLGMRSNQRSESLNS 120
MDVDDFERCWVEYKAKYGFNENNLWISMMYELRKKWSTAYMKG RFLGMRSNQRSESLNS
Sbjct 252 MDVDDFERCWVEYKAKYGFNENNLWISMMYELRKKWSTAYMKGTRFLGMRSNQRSESLNS 311
Query 121 RLHRHLDRKMSLVDLVEHYEFCLSRIRRNEAKLDARVSQSVSFTTICADPLEKSVARIYT 180
RLHRHLDRKMSLVDLVEHYEFCLSRIRRNEA LDAR SQSVSFTTICADPLEKS ARIY
Sbjct 312 RLHRHLDRKMSLVDLVEHYEFCLSRIRRNEAVLDARASQSVSFTTICADPLEKSAARIYM 371
Query 181 PAMFKKVWAEIRKLYEWEVFNVARQDGAGVFTVASKDNNVVQVHVRCTFEEQSMNSANCD 240
PAMFKKVWAEIRKLYEWEVFNVARQDGAGVFTVASKDNNVVQVHV CTFEEQSMNSANCD
Sbjct 372 PAMFKKVWAEIRKLYEWEVFNVARQDGAGVFTVASKDNNVVQVHVWCTFEEQSMNSANCD 431
Query 241 CKKLECDGIPCSHVCAVLKFLGVGTIPRCCVMV 273
CKKLECDGIPCSHVCAVLKFLGVGTIP CCVM
Sbjct 432 CKKLECDGIPCSHVCAVLKFLGVGTIPHCCVMT 464
Feng additionally teaches GenBank NO: AL731622.1 (Oryza sativa genomic DNA, chromosome 4, BAC clone: OSJNBa0093P23, complete sequence) with 99% identity to SEQ ID NO: 3 of the instant application (see, alignment below). As detailed above, given the potential for introgression and spontaneous hybridization2, claim interpretation, as well as structure similarity indicating comparative functionality, AL731622.1 is interpreted to read on claim 2, absent evidence to the contrary.
1519 bits(822)
0.0
846/858(99%)
0/858(0%)
Plus/Minus
Query 1 ATGCACCAAAAACATCCGAAATCATTGATCACTGATAAGGATGCATCAATGGCGAAGGCA 60
|||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||
Sbjct 40931 ATGCACCAAAAACATCCGAAATCATTGATCACTGATGGGGATGCATCAATGGCGAAGGCA 40872
Query 61 ATTACAAAGGTTATGCCCAATACTGATCATAGATTGTGTAGTTGGCACATTGAGGAGAAC 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40871 ATTACAAAGGTTATGCCCAATACTGATCATAGATTGTGTAGTTGGCACATTGAGGAGAAC 40812
Query 121 ATGAAATGTCACCTCCGTCGCCAAAAGCTTGCAGATTTTAAGAAATTCCTTTATGATGCT 180
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40811 ATGAAATGTCACCTCCGTCGCCAAAAGCTTGCAGATTTTAAGAAATTCCTTTATGATGCT 40752
Query 181 ATGGATGTTGATGACTTTGAGAGATGTTGGGTTGAGTATAAGGCCAAGTATGGATTCAAT 240
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40751 ATGGATGTTGATGACTTTGAGAGATGTTGGGTTGAGTATAAGGCCAAGTATGGATTCAAT 40692
Query 241 GAAAATAACTTATGGATAAGCATGATGTACGAGCTAAGGAAGAAGTGGTCCACTGCATAT 300
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40691 GAAAATAACTTATGGATAAGCATGATGTACGAGCTAAGGAAGAAGTGGTCCACTGCATAT 40632
Query 301 ATGAAAGGGAAACGCTTCCTTGGAATGCGGAGCAACCAACGGAGCGAGTCTTTGAACTCA 360
|||||||||| |||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40631 ATGAAAGGGACACGCTTCCTTGGAATGCGGAGCAACCAACGGAGCGAGTCTTTGAACTCA 40572
Query 361 AGGTTGCATAGGCATCTTGATCGAAAGATGTCGCTGGTCGATTTGGTTGAGCACTATGAG 420
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40571 AGGTTGCATAGGCATCTTGATCGAAAGATGTCGCTGGTCGATTTGGTTGAGCACTATGAG 40512
Query 421 TTTTGCTTGTCACGTATCCGTAGGAATGAGGCCAAGCTGGATGCGAGAGTGTCGCAGTCT 480
||||||||||||||||||||||||||||| ||| |||||||||||||| ||||||||||
Sbjct 40511 TTTTGCTTGTCACGTATCCGTAGGAATGAAGCCGTGCTGGATGCGAGAGCGTCGCAGTCT 40452
Query 481 GTCTCGTTCACTACAATATGTGCTGACCCACTAGAGAAAAGTGTGGCACGTATTTACACG 540
||||||||||||||||||||||||||||||||||||||||||| |||||||||||||| |
Sbjct 40451 GTCTCGTTCACTACAATATGTGCTGACCCACTAGAGAAAAGTGCGGCACGTATTTACATG 40392
Query 541 CCGGCCATGTTCAAGAAGGTCTGGGCAGAGATAAGGAAGCTATATGAGTGGGAAGTTTTC 600
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40391 CCGGCCATGTTCAAGAAGGTCTGGGCAGAGATAAGGAAGCTATATGAGTGGGAAGTTTTC 40332
Query 601 AATGTGGCAAGACAAGATGGTGCTGGTGTGTTTACCGTTGCATCAAAAGACAACAATGTT 660
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40331 AATGTGGCAAGACAAGATGGTGCTGGTGTGTTTACCGTTGCATCAAAAGACAACAATGTT 40272
Query 661 GTGCAGGTTCATGTGAGGTGTACTTTTGAGGAGCAATCGATGAATAGTGCCAATTGCGAT 720
||||||||||||||| ||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40271 GTGCAGGTTCATGTGTGGTGTACTTTTGAGGAGCAATCGATGAATAGTGCCAATTGCGAT 40212
Query 721 TGCAAAAAGCTGGAGTGTGACGGCATCCCTTGCTCTCATGTTTGTGCTGTTCTTAAGTTT 780
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sbjct 40211 TGCAAAAAGCTGGAGTGTGACGGCATCCCTTGCTCTCATGTTTGTGCTGTTCTTAAGTTT 40152
Query 781 CTTGGTGTCGGCACTATTCCTCGTTGTTGTGTTATGGTAAGGTGGACAATGGATGCGAAA 840
|||||||||||||||||||||| |||||||||||||||||||||||||||||||| ||||
Sbjct 40151 CTTGGTGTCGGCACTATTCCTCATTGTTGTGTTATGGTAAGGTGGACAATGGATGTGAAA 40092
Query 841 GCGGCATTTGAGTCAGAT 858
||||||||||||||||||
Sbjct 40091 GCGGCATTTGAGTCAGAT 40074
Feng does not explicitly teach that the amino acid sequence of a protein is encoded by the high-yield and large panicle gene, OlGn8.2, or explicitly teach biological materials related to the gene, applications of the gene, or a method for increasing rice yield by introducing the gene into rice.
However, Wang teaches the application of a Far-red Elongated Hypocotyl 3 (FHY3) protein for improvement of leaf senescence, crop yield, post-harvest storage quality, and quality of crop shelf life (i.e., high-yield) [Abstract]. Wang teaches that the target plant preferably comprises rice [pg. 8, ¶1]. Wang teaches that the FHY3 protein negatively regulates the PIF5 of transcription factor EIN3 in the ethylene signaling pathway, inhibiting binding to downstream ORE1, a key aging gene [pg. 3, ¶5]. Inhibited binding decreases leaf senescence and increases or prolongs the leaf age, thus confirming that FHY3 protein has the function of inhibiting leaf senescence.
Regarding claims 3-4, 6, 10, and 12-13, Wang teaches a method for increasing crop yield or improving quality comprising overexpression of the gene encoding the FHY3 protein in a transgenic crop to obtain the crop expressing the recombinant plant expression vector of the encoding gene (i.e., a biological material related to the gene, which is any one of the following materials: recombinant vector; an application of a gene according to claim 1 including increasing rice yield; an application of a recombinant vector including increasing rice yield; the application, wherein the application is achieved by increasing an expression level of the gene of claim 1 through gene transfer; a method for increasing rice yield, including transferring an expression vector into rice to overexpress the gene of claim 1) [pg. 3, ¶6, 8]. Wang teaches that Agrobacterium mediated transformation and direct gene transfer, may be used to introduce the gene to plant cells [pg. 4, ¶5].
Given that Feng teaches a FHY3 gene and protein with high sequence identity to the claimed gene; and given that Wang teaches the application of FHY3 protein for improvement of rice yield, Feng and Wang combined render obvious the claimed high-yield gene from wild rice Oryza longistaminata, wherein an amino acid sequence of a protein encoded by the gene is as shown in SEQ ID NO: 4 and a nucleotide sequence of the gene is any one of the sequences shown in SEQ ID NOs: 1-3, biological materials related to the gene, including primers, recombinant vectors, and recombinant microorganisms containing the gene, applications of the gene and related biological materials, including increasing rice yield achieved through increasing expression level of the gene through gene transfer, and a method for increasing rice yield, including transferring an expression vector into rice to overexpress the gene.
It would have been prima facie obvious to one of ordinary skill in the art at the time of filing to use a known rice FHY3 protein, as taught by Feng, in the teachings of Wang to increase rice yield. As the FHY3 gene of Feng has high identity to SEQ ID NO.3 of the instant application and the FHY3 protein of Feng has high identity to SEQ ID NO: 4 of the instant application, and Wang teaches that this gene improves yield, this gene is taken to read on the gene of claim 1, per the claim interpretation. Additionally, while Feng does not explicitly teach that the FHY3 gene is from wild rice species Oryza longistaminata, the high potential for introgression and spontaneous hybridization of O. sativa and O. longistaminata suggests that the gene may have been introduced from the wild species1, absent evidence to the contrary. Thus, Feng and Wang teach a gene with sufficient structural similarity to the claimed gene (see, claim interpretation), equivalent functionality in increasing yield (i.e., high yield), from wild rice species O. longistaminata.
One would be motivated to use the FHY3 gene of Feng in the method of Wang for increasing rice yields, as Wang teaches that FHY3 can inhibit the key aging gene, ORE1 promoter, and thus has a function in inhibiting leaf senescence and further teaches overexpression of FHY3 gene in a plant can increase crop yield. One would have reasonable expectation of success in using the rice FHY3 of Feng, because Wang teaches that rice is a preferred crop for the disclosed methodology, and teaches explicitly how the gene can be overexpressed using a recombinant plant expression vector. One would have reasonable expectation of success in the applications as claimed in the instant application given the function of the disclosed gene.
Regarding claims 5, 11, and 14, although Wang teaches primer development for use in PCR detection of OLE1 promoter, a gene related to the FHY3 gene, for use in PCR or qPCR for detection of the gene [pg. 11, ¶4], and teaches an application for increasing rice yield, Wang does not explicitly teach an application of primers used to amplify the gene. Similarly, Wang does not explicitly teach an application of the gene as a molecular marker in rice breeding, but does suggest applicability of the gene in breeding efforts [pg. 3, ¶7]. Primer development for gene amplification and application of genes as molecular markers for breeding are techniques that are routine in the art at the time the application was filed, as in the state of the art in general.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Feng and Wang, as applied to claims 1-4, 6, 10, and 12-13 above, and further in view of Luu, V., et al., 2020, “Efficient Agrobacterium-mediated Transformation of The Elite-Indica Rice Variety Komboka,” Bio Protoc. 10(17):e3739, doi: 10.21769/BioProtoc.3739.
Claim 7 recites the application according to claim 4, wherein the rice includes indica rice or japonica rice.
Claim 8 recites the application according to claim 5, wherein the rice includes indica rice or japonica rice.
Claim 9 recites the application according to claim 6, wherein the rice includes indica rice or japonica rice.
Feng and Wang combined render obvious the claimed high-yield gene from wild rice Oryza longistaminata, wherein an amino acid sequence of a protein encoded by the gene is as shown in SEQ ID NO: 4. Feng and Wang teach the application according to claim 4, an application of the gene for increasing rice yield and an application of a recombinant vector or microorganism of claim 6 for increasing rice yield.
Although Feng and Wang teach that the invention is applicable in rice, the references do not explicitly teach that the application of the gene for increasing rice yield is for rice varieties including indica or japonica rice.
However, Luu teaches Agrobacterium-mediated transformation in Oryza sativa varieties [Abstract]. Luu teaches that genetic transformation is crucial for investigating gene function and engineering crops to introduce new traits. Luu teaches that subspecies indica and japonica of Oryza sativa have been the subject of numerous transformation methods for, as they are a staple food for more than half of the world’s population. For rice, Agrobacterium-mediated transformation is the most popular method to transfer T-DNA into plant genomes, though there are multiple protocols for japonica and indica rice transformation using calli induced from mature seeds or immature embryos [pg. 1, ¶1]. Luu teaches that japonica varieties such as Kitaake and Nipponbare are easier to transform, compared to indica rice such as IR64 or Ciherang-Sub1 [pg. 2, ¶1], but teaches a successful method of rice var. Komboka (indica) transformation [Fig. 1]. Luu additionally teaches tips and tricks that are essential for setting up transformation protocols for other indica varieties that may be hard to transform [pg. 2, ¶2].
Given that Feng and Wang teach the gene of claim 1, recombinant vectors related to the gene, and applications of the gene including using a recombinant vector to increase rice yield; and given that Luu teaches T-DNA insertion of desired traits/genes with Agrobacterium-mediated transformation (i.e., recombinant microorganism) in indica varieties, it would have been prima facie obvious to one of ordinary skill in the art at the time of filing to increase the yield of indica rice with the creation of transgenic plants overexpressing the FHY3 gene. One would have been motivated to use the FHY3 gene for increasing rice yields in an indica rice variety as Luu teaches that indica is a subspecies of Oryza sativa, a model species and large contributor to the world’s food supply. Thus, larger yields would benefit rice producers and the general public. One would have reasonable expectation of success as Luu demonstrates a detailed procedure and provides tips and tricks for other indica varieties should transformation be difficult.
As detailed above, Wang does not explicitly teach an application of primers used to amplify the gene of interest, as recited in instant claim 8, though Wang does teach primer development for a related gene. Primer development for gene amplification is a technique that is routine in the art at the time the application was filed, as in the state of the art in general. Thus, it could easily be applied in rice including indica rice or japonica rice, as recited in claim 8 for the application of increased rice yield.
Thus, the combined teachings of Feng, Wang, and Luu render obvious claims 7-9.
Subject Matter Free of Art
Examiner notes that although there is art that reads on SEQ ID NOs: 1-4, a OlGn8.2 gene from wild rice Oryza longistaminata with 100% identity to the full-length amino acid sequence of a protein encoded by the gene of SEQ ID NO:4 and 100% identity to the full-length nucleotide sequences of SEQ ID NOs: 1-3 appears to be free of the art.
Conclusion
No claims allowed.
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/EMILY K JOHNSON/Examiner, Art Unit 1662
/BRATISLAV STANKOVIC/Supervisory Patent Examiner, Art Units 1661 & 1662
1 Labroo, M. et al. (2023, “Solving the mystery of Obake rice in Africa: population structure analyses of Oryza longistaminata reveal three genetic groups and evidence of both recent and ancient introgression with O. sativa,” Front. Plant Sci., 14:1278196. doi: 10.3389/fpls.2023.1278196) teaches that past plant breeding efforts to introgress genes from O. longistaminata have improved biotic stress resistance, ratooning ability, and yield in O. sativa [Abstract]. Further, there have been multiple reports of spontaneous hybrids of O. sativa and O. longistaminata (aka “Obake”) obtained from natural populations in Africa. Labroo confirmed that O. longistaminata is, perhaps counterintuitively, more closely related to the Asian species, O. sativa, than other African species and identified 19 recent spontaneous interspecific hybrid individuals.
2 Garibyan, L. et al. (2013, “Polymerase chain reaction”, J Invest Dermatol. 2013 Mar;133(3):1-4. doi: 10.1038/jid.2013.1) teaches that trace amounts of DNA are needed for PCR to generate enough copies to be analyzed using conventional methods. The primers are short DNA fragments with a defined sequence complementary to the target DNA that is to be detected and amplified.
Prosecution Insights