Prior art

To identify the most relevant prior art for US patent 10947555, I will examine the patent citations. The prompt previously noted that the IPR2024-00179 petition challenged claims 1-3, 5-9, 11-13, 15-18, 20, 22-26, and 28-30 based on obviousness over combinations of prior art, including U.S. Patent No. 5,608,147 (Lyon '147), U.S. Patent Publication No. 2005/0022271 (Castle), U.S. Patent No. 6,153,401 (Monson), Streber et al., Westendorf et al., and Hunkapiller et al. I will focus on these specific references as they were explicitly deemed relevant enough to challenge the patent's validity in an IPR.

Here's an analysis of the most relevant prior art for US patent 10947555:

Cited U.S. Patents and Publications:

• U.S. Patent No. 5,608,147 (Lyon '147)

  • Full Citation: US5608147A.
  • Publication/Filing Date: Granted March 4, 1997. The priority date for the underlying application appears to be earlier, given its grant in 1997. The US10947555 patent itself refers to "U.S. Pat. No. 5,608,147" in the context of tfdA being used for 2,4-D resistance in dicot plants.
  • Brief Description: This patent generally relates to genetically engineered plants with enhanced resistance to phenoxy auxin herbicides like 2,4-D. It describes the use of a tfdA gene from Alcaligenes eutrophus (now Ralstonia eutropha) to provide this resistance. The patent details methods for transforming plants, particularly dicots, to express the tfdA gene, leading to the detoxification of 2,4-D within the plant.
  • Potentially Anticipated Claims: Lyon '147 potentially anticipates claims related to genetically modified plants or plant cells exhibiting 2,4-D resistance through the expression of an herbicide-degrading enzyme. Specifically, claims 1, 10, 16, 17, 21, 22, 25-28, and 30, which broadly cover methods of weed control using such plants, the transgenic plants/cells, nucleic acid molecules, and vectors, could be anticipated in part, especially concerning 2,4-D resistance. The IPR2024-00179 specifically challenged these claims, in part, over Lyon '147.

• U.S. Patent Publication No. 2005/0022271 (Castle)

  • Full Citation: US20050022271A1.
  • Publication/Filing Date: Published January 27, 2005. The priority date would be earlier, likely in 2004, given the publication date. The US10947555 patent itself refers to "US20050022271A1" in its citation list.
  • Brief Description: This publication describes compositions and methods for conferring herbicide resistance to plants, specifically focusing on synthetic auxin herbicides such as 2,4-D. It discusses novel genes and proteins that provide resistance to these herbicides. While the specific genes mentioned would need detailed analysis, the general subject matter of creating 2,4-D resistant transgenic plants is highly relevant.
  • Potentially Anticipated Claims: Similar to Lyon '147, Castle potentially anticipates claims 1, 10, 16, 17, 21, 22, 25-28, and 30, particularly those pertaining to 2,4-D resistance in plants. Its discussion of novel genes for herbicide resistance would be relevant to the novelty of the AAD-1 gene and its application.

• U.S. Patent No. 6,153,401 (Monson)

  • Full Citation: US6153401A.
  • Publication/Filing Date: Granted November 28, 2000.
  • Brief Description: This patent is directed to methods and compositions for conferring glyphosate tolerance to plants. While US10947555 focuses on 2,4-D and AOPP resistance, it also discusses stacking AAD-1 with other herbicide resistance genes, including glyphosate resistance. Monson would be relevant as a teaching for achieving glyphosate resistance, which could then be combined with the AAD-1 trait.
  • Potentially Anticipated Claims: Monson could potentially anticipate aspects of claims 1 and 10, for example, if the concept of combining herbicide resistance traits (specifically with glyphosate tolerance) is considered. It may also be relevant to the broader concept of generating multi-herbicide tolerant plants as described in the background and broader claims of US10947555.

Cited Non-Patent Literature:

• Streber et al. (1989)

  • Full Citation: Streber, W. R., et al. (1989). "Transgenic tobacco plants expressing a bacterial detoxification gene are resistant to 2,4-dichlorophenoxyacetic acid." Bio/Technology, 7(5), 450-454.
  • Publication/Filing Date: May 1989.
  • Brief Description: This publication describes the successful introduction of the tfdA gene from Alcaligenes eutrophus into tobacco plants, resulting in transgenic plants resistant to the herbicide 2,4-dichlorophenoxyacetic acid (2,4-D). This demonstrates an early example of engineering herbicide resistance in plants using a bacterial gene for detoxification.
  • Potentially Anticipated Claims: Streber et al. directly anticipates aspects of claims 1, 10, 16, 17, 21, 22, 25-28, and 30, particularly regarding the concept of using a bacterial gene to confer 2,4-D resistance in plants. It provides foundational knowledge for the genetic engineering of herbicide-tolerant crops.

• Lyon et al. (1989)

  • Full Citation: Lyon, B. R., et al. (1989). "Transgenic tobacco plants with enhanced resistance to the herbicide 2,4-dichlorophenoxyacetic acid." Plant Molecular Biology, 13(5), 575-580.
  • Publication/Filing Date: October 1989.
  • Brief Description: Similar to Streber et al., this paper reports on the successful engineering of tobacco plants for 2,4-D resistance using a gene encoding a 2,4-D degrading enzyme. This further solidifies the prior art demonstrating the feasibility of such an approach.
  • Potentially Anticipated Claims: Lyon et al. (1989) is highly relevant to claims 1, 10, 16, 17, 21, 22, 25-28, and 30, specifically those relating to transgenic plants and methods for conferring 2,4-D resistance.

• Lyon et al. (1993)

  • Full Citation: Lyon, B. R. (1993). "The use of the tfdA gene from Alcaligenes eutrophus for the generation of 2,4-D resistant plants." In Vitro Cellular & Developmental Biology-Plant, 29(1), 17-21.
  • Publication/Filing Date: January 1993.
  • Brief Description: This article provides an overview of the use of the tfdA gene for developing 2,4-D resistant plants, further detailing the work initiated in earlier publications. It confirms the established nature of using tfdA for 2,4-D resistance.
  • Potentially Anticipated Claims: This reference continues to be relevant to claims 1, 10, 16, 17, 21, 22, 25-28, and 30, reinforcing the state of the art regarding 2,4-D resistance in plants.

• Westendorf et al. (2002)

  • Full Citation: Westendorf, C., et al. (2002). "A novel 2,4-dichlorophenoxyacetate/alpha-ketoglutarate dioxygenase from Sphingobium herbicidovorans." Applied and Environmental Microbiology, 68(11), 5821-5827.
  • Publication/Filing Date: November 2002.
  • Brief Description: This paper describes the isolation and characterization of a new 2,4-D/alpha-ketoglutarate dioxygenase, rdpA, from Sphingobium herbicidovorans. This enzyme is distinct from previously known tfdA proteins and is identified as having low homology (28% amino acid identity) to tfdA. The patent text itself states that the AAD-1 gene (SEQ ID NO:3) is derived from Sphingobium herbicidovorans and is related to rdpA. This makes it highly relevant for the AAD-1 gene itself.
  • Potentially Anticipated Claims: Westendorf et al. (2002) is a primary piece of prior art for the AAD-1 gene (initially referred to as rdpA) and its biochemical activity in degrading 2,4-D. This directly impacts claims 1, 10, 16, 17, 21, 22, 25-28, and 30, which relate to the AAD-1 gene and protein, especially concerning its ability to degrade 2,4-D.

• Westendorf et al. (2003)

  • Full Citation: Westendorf, C., et al. (2003). "Characterization of the (R)-dichlorprop- and 2,4-dichlorophenoxyacetate-degrading enzyme RdpA from Sphingobium herbicidovorans." Applied and Environmental Microbiology, 69(10), 6000-6004.
  • Publication/Filing Date: October 2003.
  • Brief Description: This publication further characterizes the RdpA enzyme, showing its ability to catalyze the first step in the mineralization of both (R)-dichlorprop (a phenoxypropionic acid) and 2,4-D (a phenoxyacetic acid). This reference is crucial as it identifies the dual substrate specificity for phenoxyacetic and phenoxypropionic acids, laying the groundwork for the claims of US10947555 that highlight AAD-1's activity on both phenoxy auxins and AOPP herbicides.
  • Potentially Anticipated Claims: Westendorf et al. (2003) is highly relevant to claims 1, 10, 16, 17, 21, 22, 25-28, and 30, particularly those emphasizing the ability of the AAD-1 protein to provide resistance to both phenoxy auxin (like 2,4-D) and aryloxyphenoxypropionate (AOPP) herbicides. It discloses the core functional characteristics of the enzyme that forms the basis of the patent.

• Hunkapiller et al. (1989)

  • Full Citation: Hunkapiller, M., et al. (1989). "Large-scale DNA sequencing by automated fluorescent detection of dideoxynucleotides." Nature, 337(6202), 564-567.
  • Publication/Filing Date: February 9, 1989.
  • Brief Description: This publication describes methods for large-scale DNA sequencing using automated fluorescent detection. This reference is a general molecular biology technique paper.
  • Potentially Anticipated Claims: Hunkapiller et al. (1989) would not directly anticipate the core claims related to herbicide resistance genes or transgenic plants. Instead, it would be considered general knowledge in the field of molecular biology, relevant to the techniques used for cloning and sequencing the genes described in US10947555, but not to the inventive concept itself. It would likely be considered relevant to the "how-to" of the invention, but not the "what" or "why."