NOVEL INSECT INHIBITORY PROTEINS

§102 §112 §DP

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 . Election/Restrictions Applicant’s election of Group I (claims 1-13, 20-21, 23) in the reply filed on 20August2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 14-19, 22, 24-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Status of the Claims The claims filed 28April2025 are acknowledged and have been fully considered. Claims 1-28 are pending. Claims 1, 24-26, 28 are currently amended. Claims 2-23, 27 are original. Following the restriction requirement mailed 06August2026 and Applicant’s election dated 20August2026, claims 14-19, 22, 24-28 are withdrawn as being directed toward a non-elected group (rejoinder currently being inappropriate). Claims 1-13, 20-21, 23 are examined on the merits herein. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) [US provisional 63130385 filed 23December2020] and 35 U.S.C. 121 [divisional of 17559857 filed 22December2021 and divisional of 18176410 filed 28February2023] is acknowledged. Whether or not this application is truly a divisional of 17559857 (now US PAT 11744250) must be considered in view of the Double Patenting rejection below. Claim Objections Claims 10 and 11 are objected to because of the following informalities: based on the language of claim 13 (which refers back to claim 10), it appears as though “or part thereof” is intended to modify the plant (as opposed to the nucleic acid molecule). However, this is currently not clear from the format of claim 10 itself (one has to read claim 13 to gleam this intent). Please amend claim 10 to something like the format of claim 20 (saying, for example: “A plant, or part thereof, comprising the recombinant nucleic acid molecule of claim 1. Appropriate correction is required. Claim Rejections - 35 USC § 112 - Indefiniteness 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 7 and 12 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. There are many recitations within claims 7 and 12 that render these claims indefinite (because it is unclear what the scope of the term means, because it makes the Markush group improper, and/or because the claim recites both a broad recitation as well as a narrow recitation therein). As non-limiting examples (= Applicant should please thoroughly review these claims to ensure all issues are corrected): What does “bean”, “citrus”, “coffee”, “nut”, “ornamental”, “rootstocks”, “shrub”, “squash”, and “tea” mean? Importantly, what is encompassed by (and not encompassed by) these terms? The following appear to be broad::narrow recitations (making the claims indefinite): cabbage::Chinese cabbage; cucurbit::squash; corn::sweet corn; melons::watermelon; pine::loblolly pine, radiata pine, southern pine; potato::sweet potato; pea::pigeonpea. Claim 21 is 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. Claim 21 is not in proper US patent claim format and recites many recitations that render the claim indefinite (because the recitations are non-limiting, unclear, reciting both a broad recitation as well as a narrow recitation therein, and/or make it an improper Markush group). As non-limiting examples (= Applicant should please thoroughly review this claim to ensure all issues are corrected): The following phrases make the claim indefinite at least because they are non-limiting: “and the like and corresponding … commodity products including, where applicable”, “and other edible forms of such commodity products”, “process for feed or food”, “such as fuel derived from …” What does “commodity corn bagged by a grain handler” mean especially in the context of this product claim? Does a third party grain handler have to actually bag corn to infringe this claim? What does “concentrates”, “lint”, “biomasses”, “fuel derived from cotton oil or pellets derived from cotton gin waste” mean (importantly, what falls within and outside of these recitations)? Generally, the punctuation of this claim makes it confusing/indefinite (for example, “seeds and plant parts processed for feed or food, fiber, paper, biomasses, and fuel products such as fuel derived from cotton oil or pellets derived from cotton gin waste”—does this mean that the seeds and plant parts are processed for feed or food or does it meant that the seeds and plant parts may also be processed for fiber, paper, biomasses, etc.? Perhaps some of these commas can be substituted for semi-colons? Claim Rejections - 35 USC § 112 – Failure to Further Limit The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 refers back to claim 2. Claim 2 refers to a “plant cell” and claim 6 says that the plant cell is either a “dicotyledonous or a monocotyledonous plant cell”. It is not clear how claim 6 further limits claim 2—is there a plant cell that is neither a dicotyledonous nor a monocotyledonous cell which (therefore) falls within the scope of claim 2 and not claim 6? Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim 11 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 11 refers back to claim 10. Claim 10 refers to a “plant” and claim 11 says that the plant is either a “monocot or a dicot plant”. It is not clear how claim 11 further limits claim 10—is there a plant that is neither a monocot nor a dicot which (therefore) falls within the scope of claim 10 and not claim 11? Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-13, 20-21, 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FLANNAGAN et al. (US20050138685). Claim 1, to which all other rejected claims refer, recites that the sequence structures of parts (a)-(c) are optional. Therefore, the recitations of parts (a)-(c) are not required by these claims. FLANNAGAN et al. teach pesticidal nucleic acid molecules as well as expression cassettes and host cells (bacterial or monocot or dicot plants/plant parts) comprising them (see claims at pages 102-103 as well as ¶¶121-142 on pages 14-17; ¶¶151-154 on pages 18-19; ¶¶158-159 on page 20 [claims 1-13, 20-21, 23] Please remove “optionally” from claim 1. Claim Rejections - 35 USC § 112 – Written Description 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, 2, 20 (therefore, 3-13, 21, 23, which refer thereto without correcting the issue) 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, 2, and 20 refer to “pesticidal fragments” of pesticidal protein comprising SEQ ID NO: 10. For clarity of the record, the protein comprising SEQ ID NO: 10 (referred to as “TIC4064_4” in the specification) is already a truncated protein (specifically, “TIC4064_4” it is a truncated form of “TIC4064_1” whereby the protoxin domain is truncated per Example 1 at ¶135 on page 46 and Table 8 on page 48) and that comprises an S95T/S94T substitution. The specification does not describe (or otherwise explain how to obtain) a fragment of the “TIC4064_4” pesticidal protein comprising SEQ ID NO: 10 that maintains its pesticidal function. In particular, please note that the elected “TIC4064_4” molecule is a truncation of “TIC4064_3” (which is the subject of application 17559857, now US PAT 11744250). The prior art does not remedy this deficiency at least because the prior art does not appear to describe a pesticidal protein comprising SEQ ID NO: 10. Absent evidence to the contrary, “pesticidal fragments” is not described within the as-filed specification sufficient to evidence to a skilled person (at the time this application was filed) that Applicant had possession of the full scope of subject matter being claimed. Removing reference to “fragments” throughout the claims would be remedial of this rejection. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-13, 20-21, 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11744250 (from parent application 17559857). Although the claims at issue are not identical, they are not patentably distinct from each other because the protein comprising SEQ ID NO: 10 (referred to as “TIC4064_4” in the specification) is a truncated fragment of the “TIC4064_3” pesticidal protein of parent application 17559857, now US PAT 11744250 (see Table 8 at page 48 of the specification). Absent information from Applicant, it is not clear how a molecule comprising SEQ ID NO: 7 or 8 is materially and patentably distinct from a molecule comprising SEQ ID NO: 9 or 10. Therefore, it is not clear on the record how the claims of US PAT 11744250 are materially and patentability distinct from this application’s claims (as elected). PNG media_image1.png 494 988 media_image1.png Greyscale Please see the below alignment of this application’s SEQ ID NO: 10 to SEQ ID NO: 8 of Applicant’s US Pat. No. 11744250 ( Result 2 of the ABSS sequence search results file “20260923_133041_us-19-189-922-10.rapbm” dated 23September2026 RESULT 2 US-17-559-857-8 (NOTE: this sequence has 2 duplicates in the database searched. See complete list at the end of this report) Sequence 8, US/17559857 Publication No. US20220192200A1 GENERAL INFORMATION APPLICANT: Monsanto Technology LLC APPLICANT: Bowen, David J APPLICANT: Chay, Catherine A APPLICANT: Howe, Arlene R APPLICANT: Milligan, Jason S APPLICANT: Taylor, Christina M APPLICANT: VanGordon, Monika R APPLICANT: Wegener, Kimberly M APPLICANT: Weiner, Brian E TITLE OF INVENTION: NOVEL INSECT INHIBITORY PROTEINS FILE REFERENCE: BCS206472 US CURRENT APPLICATION NUMBER: US/17/559,857 CURRENT FILING DATE: 2021-12-22 PRIOR APPLICATION NUMBER: US 63/130,385 PRIOR FILING DATE: 2020-12-23 NUMBER OF SEQ ID NOS: 52 SEQ ID NO 8 LENGTH: 1157 TYPE: PRT ORGANISM: Artificial FEATURE: OTHER INFORMATION: Amino acid sequence of TIC4064_3 wherein an additional alanine amino acid is inserted immediately following the initiating methionine and comprising a mutation at S95T. Query Match 100.0%; Score 3396; Length 1157; Best Local Similarity 100.0%; Matches 657; Conservative 0; Mismatches 0; Indels 0; Gaps 0; Qy 1 MANQNKHGIIGASNCGCTSDNVAKYPLANNPYSSALNLNSCQNSSILNWINIIGDAAKEA 60 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 1 MANQNKHGIIGASNCGCTSDNVAKYPLANNPYSSALNLNSCQNSSILNWINIIGDAAKEA 60 Qy 61 VSIGTTIVSLITAPSLTGLISIVYDLIGKVLGGSTGQSISDLSICDLLSIIDLRVSQSVL 120 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 61 VSIGTTIVSLITAPSLTGLISIVYDLIGKVLGGSTGQSISDLSICDLLSIIDLRVSQSVL 120 Qy 121 NDGIADFNGSVLLYRNYLEALDSWNKNPNSASAEELRTRFRIADSEFDRILTRGSLTNGG 180 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 121 NDGIADFNGSVLLYRNYLEALDSWNKNPNSASAEELRTRFRIADSEFDRILTRGSLTNGG 180 Qy 181 SLARQNAQILLLPSFASAAFFHLLLLRDATRYGTNWGLYNATPFINYQSKLVELIELYTD 240 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 181 SLARQNAQILLLPSFASAAFFHLLLLRDATRYGTNWGLYNATPFINYQSKLVELIELYTD 240 Qy 241 YCVHWYNRGFNELRQRGTSATAWLEFHRYRREMTLMVLDIVASFSSLDITNYPIETDFQL 300 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 241 YCVHWYNRGFNELRQRGTSATAWLEFHRYRREMTLMVLDIVASFSSLDITNYPIETDFQL 300 Qy 301 SRVIYTDPIGFVHRSSLRGESWFSFVNRANFSDLENAIPNPRPSWFLNNMIISTGSLTLP 360 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 301 SRVIYTDPIGFVHRSSLRGESWFSFVNRANFSDLENAIPNPRPSWFLNNMIISTGSLTLP 360 Qy 361 VSPSTDRARVWYGSRDRISPANSQFITELISGQHTTATQTILGRNIFRVDSQACNLNDTT 420 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 361 VSPSTDRARVWYGSRDRISPANSQFITELISGQHTTATQTILGRNIFRVDSQACNLNDTT 420 Qy 421 YGVNRAVFYHDASEGSQRSVYEGYIRTTGIDNPRVQNINTYLPGENSDIPTPEDYTHILS 480 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 421 YGVNRAVFYHDASEGSQRSVYEGYIRTTGIDNPRVQNINTYLPGENSDIPTPEDYTHILS 480 Qy 481 TTINLTGGLRQVASNRRSSLVMYGWTHKSLARNNTINPDRITQIPLTKVDTRGTGVSYVN 540 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 481 TTINLTGGLRQVASNRRSSLVMYGWTHKSLARNNTINPDRITQIPLTKVDTRGTGVSYVN 540 Qy 541 DPGFIGGALLQRTDHGSLGVLRVQFPLHLRQQYRIRVRYASTTNIRLSVNGSFGTISQNL 600 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 541 DPGFIGGALLQRTDHGSLGVLRVQFPLHLRQQYRIRVRYASTTNIRLSVNGSFGTISQNL 600 Qy 601 PSTMRLGEDLRYGSFAIREFSTSIRPTASPDQIRLTIEPSFIRQEVYVDRIEFIPVN 657 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 601 PSTMRLGEDLRYGSFAIREFSTSIRPTASPDQIRLTIEPSFIRQEVYVDRIEFIPVN 657 Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: the pesticidal, modified Cry9Aa protein comprising the sequence SEQ ID NO: 10 (“TIC4064_4”) (and nucleic acids encoding it, plants/cells comprising them, and methods of using them) appear to be allowable over the prior art. To ensure a clear record, Example 1 of the specification describes “discovering and cloning” a supposedly new Cry9Aa Bacillus thuringiensis (Bt) pesticidal protein (from Bt species EG9820) called “TIC4064” with nucleotide sequence SEQ ID NO: 1 and amino acid sequence SEQ ID NO: 2. The elected and claimed pesticidal Cry9Aa protein “TIC4064_4” comprising the sequence SEQ ID NO: 10 is described as being modified in only two respects (as compared to “TIC4064”)1: (1)(a) it has an Alanine inserted at position two of the sequence such (1)(b) that its protoxin domain has been truncated and (2) it comprises an S95T substitution (numbered S94T in certain other publicly available sequences such as that published as UniProtKB Accession No. Q99031 (entitled “Pesticidal crystal protein Cry9Aa”, version 84 published 11December2019 and available at https://rest.uniprot.org/unisave/Q99031?format=txt&versions=84 (2 total pages)). While (1)(a) introducing an alanine at position two of a Cry amino acid sequence (i.e., C’-terminally adjacent to the initiating Methionine) would have been known, or an obvious modification to introduce, for optimizing translation initiation2 and while (1)(b) truncating the protoxin domain of a Cry amino acid sequence also would have been known, or an obvious modification to introduce, for increased expression3; this specification appears to be the first to describe the underlying “TIC4064” nucleotide and amino acid sequences (i.e., the first to describe a nucleotide sequence comprising SEQ ID NO: 1 and/or an amino acid sequence comprising SEQ ID NO: 2). This means that modifications (1)(a) and (1)(b) being known and/or obvious is moot because the underlying sequence(s) being modified (that for “TIC4064”) was not known to the prior art. So, a pesticidal protein comprising SEQ ID NO: 10 (“TIC4064_4”) and/or a nucleotide encoding it (such as the sequence SEQ ID NO: 9) is novel and nonobvious. The closest prior art may be identified as FLANNAGAN et al. (US20050138685) who teach “Cry9” toxin having an amino acid sequence SEQ ID NO: 13. But the subject matter of these claims is distinguished from that of FLANNAGAN et al. at least because SEQ ID NO: 13 thereof does not have an alanine insertion immediately downstream of the initiating methionine residue and SEQ ID NO: 13 does not comprise a threonine at the position corresponding to residue 95 of this application’s SEQ ID NO: 2 (which is position 94 in the alignment of SEQ ID NO: 13 from FLANNAGAN et al. to SEQ ID NO: 10 of this application). Furthermore, the Office cannot identify a reason/motivation why this substitution would be made (naturally, or by a person with ordinary skill in the art at the time the present invention was made). Please see the below alignment of this application’s SEQ ID NO: 10 to SEQ ID NO: 13 of FLANNAGAN et al. (Result 15 of the ABSS sequence search results file “20260923_133041_us-19-189-922-10.rapbm” dated 23September2026). RESULT 15 US-11-018-615-13 (NOTE: this sequence has 14 duplicates in the database searched. See complete list at the end of this report) Sequence 13, US/11018615 Publication No. US20050138685A1 GENERAL INFORMATION APPLICANT: Ronald D. Flannagan APPLICANT: Andre R. Abad TITLE OF INVENTION: Bacillus Cry9 Family Members FILE REFERENCE: 035718/285985 CURRENT APPLICATION NUMBER: US/11/018,615 CURRENT FILING DATE: 2004-12-21 PRIOR APPLICATION NUMBER: 60/531,807 PRIOR FILING DATE: 2003-12-22 NUMBER OF SEQ ID NOS: 34 SEQ ID NO 13 LENGTH: 1151 TYPE: PRT ORGANISM: Bacillus thuringiensis DSIR517 Query Match 99.2%; Score 3370; Length 1151; Best Local Similarity 99.4%; Matches 651; Conservative 3; Mismatches 1; Indels 0; Gaps 0; Qy 3 NQNKHGIIGASNCGCTSDNVAKYPLANNPYSSALNLNSCQNSSILNWINIIGDAAKEAVS 62 ||||||||||||||| ||:||||||||||||||||||||||||||||||||||||||||| Db 2 NQNKHGIIGASNCGCASDDVAKYPLANNPYSSALNLNSCQNSSILNWINIIGDAAKEAVS 61 Qy 63 IGTTIVSLITAPSLTGLISIVYDLIGKVLGGSTGQSISDLSICDLLSIIDLRVSQSVLND 122 ||||||||||||||||||||||||||||||||:||||||||||||||||||||||||||| Db 62 IGTTIVSLITAPSLTGLISIVYDLIGKVLGGSSGQSISDLSICDLLSIIDLRVSQSVLND 121 Qy 123 GIADFNGSVLLYRNYLEALDSWNKNPNSASAEELRTRFRIADSEFDRILTRGSLTNGGSL 182 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 122 GIADFNGSVLLYRNYLEALDSWNKNPNSASAEELRTRFRIADSEFDRILTRGSLTNGGSL 181 Qy 183 ARQNAQILLLPSFASAAFFHLLLLRDATRYGTNWGLYNATPFINYQSKLVELIELYTDYC 242 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 182 ARQNAQILLLPSFASAAFFHLLLLRDATRYGTNWGLYNATPFINYQSKLVELIELYTDYC 241 Qy 243 VHWYNRGFNELRQRGTSATAWLEFHRYRREMTLMVLDIVASFSSLDITNYPIETDFQLSR 302 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 242 VHWYNRGFNELRQRGTSATAWLEFHRYRREMTLMVLDIVASFSSLDITNYPIETDFQLSR 301 Qy 303 VIYTDPIGFVHRSSLRGESWFSFVNRANFSDLENAIPNPRPSWFLNNMIISTGSLTLPVS 362 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 302 VIYTDPIGFVHRSSLRGESWFSFVNRANFSDLENAIPNPRPSWFLNNMIISTGSLTLPVS 361 Qy 363 PSTDRARVWYGSRDRISPANSQFITELISGQHTTATQTILGRNIFRVDSQACNLNDTTYG 422 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 362 PSTDRARVWYGSRDRISPANSQFITELISGQHTTATQTILGRNIFRVDSQACNLNDTTYG 421 Qy 423 VNRAVFYHDASEGSQRSVYEGYIRTTGIDNPRVQNINTYLPGENSDIPTPEDYTHILSTT 482 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 422 VNRAVFYHDASEGSQRSVYEGYIRTTGIDNPRVQNINTYLPGENSDIPTPEDYTHILSTT 481 Qy 483 INLTGGLRQVASNRRSSLVMYGWTHKSLARNNTINPDRITQIPLTKVDTRGTGVSYVNDP 542 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 482 INLTGGLRQVASNRRSSLVMYGWTHKSLARNNTINPDRITQIPLTKVDTRGTGVSYVNDP 541 Qy 543 GFIGGALLQRTDHGSLGVLRVQFPLHLRQQYRIRVRYASTTNIRLSVNGSFGTISQNLPS 602 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 542 GFIGGALLQRTDHGSLGVLRVQFPLHLRQQYRIRVRYASTTNIRLSVNGSFGTISQNLPS 601 Qy 603 TMRLGEDLRYGSFAIREFSTSIRPTASPDQIRLTIEPSFIRQEVYVDRIEFIPVN 657 ||||||||||||||||||:|||||||||||||||||||||||||||||||||||| Db 602 TMRLGEDLRYGSFAIREFNTSIRPTASPDQIRLTIEPSFIRQEVYVDRIEFIPVN 656 Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rebecca STEPHENS whose telephone number is (571)272-0070. The examiner can normally be reached Monday through Friday 8:30-4:30. 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, Amjad ABRAHAM can be reached on (571) 270-7058. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /REBECCA STEPHENS/Examiner, Art Unit 1663 /MATTHEW R KEOGH/Primary Examiner, Art Unit 1663 1 See Table 8 of the specification. 2 See, e.g., WO02057664; see also WO2008145406, US20030226171, US20030208790, and US20030208789; all of record IDS 25April2025. 3 See FANG et al. 2016 “Oligomerization of Cry9Aa in solution without receptor binding, is not related with insecticidal activity” EJB 21:54-57; see also WO0011185; both of record IDS 25April2025.