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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicants’ election without traverse of Invention II (Claims 3-6) in the reply filed on June 9, 2026 is acknowledged.
Applicants are reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Specification
The disclosure (page 6, line 17) is objected to because it contains an embedded hyperlink and/or other form of browser-executable code. Applicants are 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 § 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 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.
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 non-obviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicants are advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Carpita et al. (Maize and sorghum: genetic resources for bioenergy grasses) in view of Mitsuda et al. (The NAC Transcription Factors NST1 and NST2 of Arabidopsis Regulate Secondary Wall Thickenings and Are Required for Anther Dehiscence).
Carpita et al. teaches introducing a NAC transcription factor into a maize material to obtain a maize mutant (page 418, Col. 2, line 52 to page 419, Col. 1, lines 1-11) for improving biofuel (bioethanol) production (page 418, Col. 2, lines 14-51).
Carpita et al. do not teach wherein the NAC transcription factor is a mutant ZmNST2 gene which when inserted into a maize material improves the efficiency of bioethanol production through fermentation of maize straw and fermenting the maize straw obtained from the maize mutant to produce bioethanol.
Mitsuda et al. teach utilizing NAC transcription factor NST2 in Arabidopsis for the purpose of modifying lignin content, including reducing lignin content, in secondary wall thickening in anthers (Abstract).
It would have been obvious to one having ordinary skill in the art at the time of invention to introduce the NAC transcription factor NST2 into a plant part to reduce lignin content as taught by Mitsuda et al. Introducing the NAC transcription factor NST2 would also reduce the content of a fermentation inhibitor and increase a hydrolysis rate of cellulase as a naturally occurring effect. Introducing the NAC transcription factor NST2 specifically into maize material as taught by Carpita et al. is experimentally routine and would lead to the outcome which is improving the efficiency of bioethanol production. Although the specific mutations required by the claims are not taught in the prior art they would be considered obvious design choices in mutating the suggested genes.
Future Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT L BELL whose telephone number is (571)272-0973. The examiner can normally be reached M- Th, 6 - 4:30pm.
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, Bratislav Stankovic can be reached at 571-270-0305. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENT L. BELL/
Primary Examiner
Art Unit 1661
/KENT L BELL/Primary Examiner, Art Unit 1661
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