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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/11/2025 has been entered.
Claim Status
Claims 1-9, 11-14, and 18-22 are rejected.
Claims 15 and 17 are previously withdrawn.
No claims are allowable.
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 (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 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 nonobviousness.
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. Applicant is 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.
1. Claims 1-8, 11-14 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Londono et al., (WO 2019/094357 A2, May 16, 2019) (hereinafter Londono) in view of Cormier et al., (US 2016/0326268 A1, Nov. 10, 2016) (cited by applicant on List of References 11/27/2024) (hereinafter Cormier).
Londono discloses compositions comprising aggregates of insoluble alpha-glucan with alpha-1,3-glycosidic linkages and methods of preparing these compositions (Abstract). Aggregates of insoluble alpha-glucan can be present in an aqueous composition (e.g., colloidal dispersion) at a wt.% of about 0.01% to 90 wt.% (page 25, lines 4-10). An alpha-1 ,3-glucan of the composition comprises at least about 95%, 98%, 99%, or 100% alpha-1 ,3 glycosidic linkages (page 16, lines 25-29). The weight average degree of polymerization (DPw) of the insoluble alpha-glucan is at least about 100 (page 16, lines 1-2). Aggregates comprises particles (page 7, line 2). The particles have an average size of about 5-25 nm (i.e., meeting at least 60% by weight of the insoluble alpha-glucan particles in the aqueous dispersion have a diameter of less than 30 micrometers) (page 6, line 7). The composition can be in the form of a household care product, personal care product, industrial product, pharmaceutical product, or food product (page 26, lines 7-9). The aqueous composition in some aspects has no (detectable) dissolved sugars (page 25, lines 15-17). A method of producing aggregates of insoluble-alpha-glucan comprises (a) contacting at least water, sucrose, and a glucosyltransferase enzyme that synthesizes insoluble alpha-glucan at a yield of at least about 40%; and (b) preparing a dispersion of the insoluble alpha-glucan produced in step (a). Dispersion step (b) produces aggregates of the insoluble alpha-glucan synthesized in step (a) (page 18, lines 17-26). Preparing a dispersion of insoluble alpha-glucan can comprise preparing a wet cake of insoluble alpha-glucan produced in the glucosyltransferase reaction of step (a), and dispersing the wet cake in water or an aqueous solution (page 24, lines 15-17). A wet cake can comprise, for example, at least about 50%-90% by weight water or an aqueous solution and about 10%-50% by weight insoluble alpha-glucan (page 24, lines 25-27). The dispersal can be performed by applying high shear using any suitable means. High shear can comprise mixing at about or up to about 15000 rpm (page 23, lines 26-29). Components that can be further present in a glucosyltransferase reaction typically after it has commenced include soluble gluco-oligosaccharides (page 8, lines 12-14). The composition may form opaque films formed by alpha-1,3-glucan (page 38, line 8).
Londono differs from the instant claims insofar as not disclosing wherein the forming the dispersal comprises applying pressure of at least 7000 pounds per square inch (psi) by pressure homogenization.
However, Cormier teaches nanoparticles composed of water insoluble glucans and a process comprising suspending water insoluble glucans in water to produce a suspension, homogenizing said suspension in a high pressure homogenizer for about 10 to about 60 times to produce a clear suspension containing the nanoparticles ([0001]). The water-insoluble glucan was suspended in water and once complete dispersion was achieved, homogenization of the water-insoluble glucan was evaluated at pressures of 35, 70 and 200 MPa (equaling 5076, 10153, and 29,008 psi, respectively). Homogenization at 35 MPa resulted in a decrease of average diameters of 193.80±10.41 nm to 159.83±8.32 nm when increasing from 10 to 60 passes. Overall diameters were observed to exhibit a substantial decrease in size when the glucan was homogenized at 70 MPa with sizes ranging from 167.83±15.5 to 140.53±2.27 nm. Homogenization at 200 MPa did not drastically decrease the diameter of the nanoparticles compared to those at 70 MPa, producing particles with average diameters of 155.63±2.23 nm at 10 passes and 136.53±3.69 nm at 60 passes ([0033]).
Accordingly, since pressure affects particle size as taught by Cormier, it would have taken no more than the relative skills of one of ordinary skill in the art to have arrived at the claimed pressure through routine experimentation depending on the particle size of the insoluble alpha-glucan particles desired. It would have been prima facie obvious to one of ordinary skill in the art to have applied the pressure by pressure homogenization since this is a known and effective method for achieving a desired particle size as taught by Cormier.
Regarding claims 1 and 3 reciting wherein the first composition comprises at least 88% and at least 95%, respectively, insoluble alpha-glucan, Londono discloses under Table 2 wherein the insoluble alpha-glucan produced in step (a) may be dried. Therefore, a first composition comprising nearly 100% insoluble alpha-glucan and no water would have been obvious.
Regarding claim 8 reciting wherein the insoluble alpha-glucan is dispersed through at least about 60% of the volume of the aqueous dispersion, this would have been obvious by Londono disclosing wherein aggregates of insoluble alpha-glucan can be present in an aqueous composition (e.g., colloidal dispersion) at a wt.% of 90%. Further, as noted in the instant specification, using a dispersal technique as disclosed herein, the insoluble alpha-glucan particles are dispersed through a volume of the dispersion and the above levels of dispersion are contemplated to be for a time of about, at least about, or up to about, 0.5 days ([0080]). Accordingly, the method of producing an insoluble alpha-glucan dispersion of Londono, mixed at an optimized pressure by pressure homogenization, as taught by Cormier, would necessarily produce an aqueous dispersion that exists for a time of at least about 0.5 days following step (b).
Regarding claim 14 reciting wherein the aqueous dispersion has a viscosity that is at least about 50% higher than the viscosity of the aqueous dispersion would have had if it was instead prepared by mixing at an rpm of no more than 10000, Londono discloses wherein the dispersion may be prepared by mixing at an rpm of about 15000. Therefore, since dispersion is mixed at an rpm greater than 10000, the dispersion of Londono necessarily has a viscosity that is at least about 50% higher than the viscosity of the dispersion would have had if it was instead prepared by mixing at an rpm of no more than 10000.
Response to Applicant’s Arguments
Applicant argues that the method of Cormier requires a considerable amount of alpha-1,6 linkages, at most, -86% alpha-1,3 linkages (max. ratio of 6:1 alpha-1,3 to alpha-1,6), need to be present in the insoluble alpha-glucan to obtain their results using high pressure mixing and so would not be suitable for the instantly claimed invention requiring alpha- glucan with at least 95% (claim 1), 98% (claim 5), 99% (claim 18), or 100% (claim 19) alpha-1,3 linkages.
Applicant’s argument has been fully considered but not found to be persuasive. The rejection states that it would have taken no more than the relative skills of one of ordinary skill in the art to have arrived at the claimed pressure through routine experimentation depending on the particle size of the insoluble alpha-glucan particles desired. One of ordinary skill in the art would have arrived at the claimed pressure without having a considerable amount of alpha-1,6 linkages. Cormier discloses that the assembly of the nanoparticles can be partially attributed to the nature of the α-(1→3)-linked and α-(1→6)-linked D-glucose units in the glucan. High-pressure homogenization of the glucan could force the rigid α-(1→3)-linked regions responsible for the insolubility into the center of a forming sphere while α-(1→6)-linked regions assembled on the surface in order to maximize the hydrophilic interaction with the aqueous media. More experimentation however, is needed to determine the exact mechanism of the nanosphere formation ([0021]). Thus, the ratio of α-(1→3)-linked regions to α-(1→6)-linked regions would be relevant to the formation of a nanosphere using high pressure homogenization. As discussed above, Cormier teaches that pressure affects particle size and pressure homogenization is a known and effective method for achieving a desired particle size. However, it is not taught in the disclosure of Cormier that the ability of high pressure homogenization to affect particle size is dependent on the ratio of α-(1→3)-linked regions to α-(1→6)-linked regions. Thus, one of ordinary skill in the art would have reasonably expected the high pressure homogenization technique taught by Cormier to affect the particle size of the alpha glucan of Londono regardless of the ratio of α-(1→3)-linked regions to α-(1→6)-linked regions.
Applicant argues that the office action of the Patent Office takes the stance that one of ordinary skill in the art would produce the aqueous dispersion of Londono using the alpha-glucan of Cormier, which has at most 86% or 67% alpha-1,3 linkages as opposed to the pending claims reciting at least 95% alpha-1,3 linkages.
Applicant’s argument has been fully considered but not found to be persuasive. As discussed above, Cormier teaches that the percentage of alpha-1,3 linkages is an important consideration when regarding the formation of nanospheres but Cormier does not teach that the percentage of alpha-1,3 linkages would affect the results of high pressure homogenization. Thus, one would reasonably expect the homogenization pressures of 35, 70 and 200 MPa (equaling 5076, 10153, and 29,008 psi, respectively) taught by Cormier to affect the particle size of the alpha glucan of Londono regardless of the percentage of alpha-1,3 linkages.
Applicant argues that the ability to produce a stable aqueous dispersion of initially dry insoluble alpha-glucan - initially of at least 88% (claim 1) or 95% (claim 3) by weight of the insoluble glucan and therefore of relatively low possible water content by performing the claimed method as taught in instant Example 1 will exist in dispersion for at least about 0.5 days, following the step of mixing using a pressure of at least 7000 psi is an unexpected feature.
Applicant’s argument has been fully considered but not found to be persuasive. Applicant’s showing does not appear to be unexpected. As noted on page 61 of the instant specification, Table 1 discloses that the dry alpha-1,3-glucan of Example 1 has a change in viscosity at 8000 psi but not at low shear or 5000 psi, which Applicant believes is unexpected in view of US 2018/0273731, which discloses that dispersing dry alpha-1,3 glucan under high pressure did not result in any significant change in viscosity or homogeneity as compared to the viscosity of dry alpha-1,3-glucan dispersed under low shear conditions. However, it is disclosed in paragraph [0056] of US 2018/0273731 A1 that when dried linear glucans with different degrees of polymerization (DPw 1,000 and DPw 500) and a branched glucan were pre-comminuted at 6,000 rpm and then treated with the high pressure homogenizer for 2 passes at an operating pressure of 1,000 bar, no increase in viscosity was noted. Thus, it appears that the dried glucans were subjected to both low shear and high pressure to achieve a viscosity. The examples of US 2018/0273731 A1 do not disclose wherein the dried glucans were subjected to low shear and separately, subjected to high pressure, subsequently resulting in similar viscosities. Thus, it is unclear how the change in viscosity shown at 8000 psi in the instant application is unexpected in view of US 2018/0273731 since it was not shown that high pressure and low shear result in similar viscosity and the Examiner is not persuaded that the results are unexpected.
Further, as evidenced by Samani et al., (Effect of homogenizer pressure and temperature on physicochemical, oxidative stability, viscosity, droplet size, and sensory properties of Sesame vegetable cream, Feb. 07, 2019) (hereinafter Samani) by increasing pressure of homogenization viscosity increases significantly (page 904, second paragraph). Thus, one of ordinary skill in the art would reasonably expect that increasing the pressure to 8000 psi during homogenization would result in a higher viscosity of the dry alpha-1,3-glucan in instant Example 1 when compared to low shear and 5000 psi.
Further, purely arguendo, even if Applicant's showing is unexpected, the independent
claim is not commensurate in scope with Applicant's showing. The showing of unexpected results must occur over the entire claimed range. See MPEP 716.02(d)(II). As noted in Example 1, a significant increase in viscosity was noted only at 8000 psi. However, the claims recite a pressure of at least 7000 psi. Given the data provided in the instant application, one of ordinary skill in the art would not reasonably expect that a pressure of 7000 psi or any values above 8000 psi would demonstrate the same change in viscosity since, as discussed above, Samani teaches that homogenization pressure significantly affects viscosity. Thus, one would not reasonably expect a pressure of 7000 psi or any values above 8000 psi would have the same effect as a pressure of 8000 psi.
2. Claims 1-7, 11-13 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Huh et al., (US 2018/0021238 A1, Jan. 25, 2018) (hereinafter Huh) in view of Cormier et al., (US 2016/0326268 A1, Nov. 10, 2016) (cited by applicant on List of References 11/27/2024) (hereinafter Cormier) and Payne et al., (US 2014/0087431 A1, March 27, 2014) (hereinafter Payne).
Huh discloses a colloidal dispersion comprising poly alpha-1,3-glucan and a solvent (Claim 1), wherein the solvent is water (i.e. aqueous dispersion, Claim 6). The poly alpha-1,3-glucan used in the composition is aqueous insoluble ([0075]). The percentage of glycosidic linkages that are alpha-1,3 is at least 95%, 98%, 99%, or 100% (or any integer value between 50% and 100%) ([0029]). The colloidal dispersion is in the form of a personal care product, pharmaceutical product, food product, household product, or industrial product ([0018]). The insoluble poly alpha-1,3-glucan is dispersed in water using conventional agitators (i.e., mixed) ([0075]). The poly alpha-1,3-glucan constitutes between 0.1% by wt. and 15% by wt. of the total colloidal dispersion (Claim 7). The poly alpha-1,3-glucan comprises particles with an average particle diameter size of between 5 nm and 200 nm (Claim 3). A process for making a poly alpha-1,3-glucan colloidal dispersion comprises heating an enzyme reaction solution comprising an aqueous basic buffered solution of an enzyme and sucrose to make a slurry containing poly alpha-1,3-glucan, filtering the slurry to isolate the poly alpha-1,3-glucan in the form of a wet cake, washing the wet cake with water, and dispersing the wet cake in water to form a poly alpha-1,3-glucan colloidal dispersion (claim 16). The enzyme can be one or more glucosyltransferase (gtf) enzymes ([0027]). The wet cake contains between 60 to 80 wt. % water ([0064]).
Huh differs from the instant claims insofar as not disclosing applying pressure of at least 7000 pounds per square inch (psi) by pressure homogenization.
However, Cormier teaches nanoparticles composed of water insoluble glycans and a process comprising suspending water insoluble glucans in water to produce a suspension, homogenizing said suspension in a high-pressure homogenizer for about 10 to about 60 times to produce a clear suspension containing the nanoparticles ([0001]). The water-insoluble glucan was suspended in water and once complete dispersion was achieved, homogenization of the water-insoluble glucan was evaluated at pressures of 35, 70 and 200 MPa (equaling 5076, 10153, and 29,008 psi, respectively). Homogenization at 35 MPa resulted in a decrease of average diameters of 193.80±10.41 nm to 159.83±8.32 nm when increasing from 10 to 60 passes. Overall diameters were observed to exhibit a substantial decrease in size when the glucan was homogenized at 70 MPa with sizes ranging from 167.83±15.5 to 140.53±2.27 nm. Homogenization at 200 MPa did not drastically decrease the diameter of the nanoparticles compared to those at 70 MPa, producing particles with average diameters of 155.63±2.23 nm at 10 passes and 136.53±3.69 nm at 60 passes ([0033]).
Accordingly, since pressure affects particle size as taught by Cormier, it would have taken no more than the relative skills of one of ordinary skill in the art to have arrived at the claimed pressure through routine experimentation depending on the particle size of the insoluble alpha-glucan particles desired. It would have been prima facie obvious to one of ordinary skill in the art to have applied the pressure by pressure homogenization since this is a known and effective method for achieving a desired particle size as taught by Cormier.
The combined teachings of Huh and Cormier do not disclose wherein the weight average degree of polymerization of the insoluble alpha-glucan is at least about 100, and a first composition comprising at least 88% insoluble alpha-glucan, less than about 0.35% soluble sugars, was produced an enzymatic reaction that synthesizes insoluble alpha-glucan at a yield of at least about 75%, and was produced with an oligosaccharide.
However, Payne teaches reaction solutions comprising water, sucrose and a glucosyltransferase enzyme that synthesizes poly alpha-1,3-glucan (Abstract). The poly alpha-1,3 glucan can have a molecular weight in DPw of at least about 100 ([0036]). The percent sucrose consumption of a reaction of the process may be 100% ([0070]). The yield of the poly alpha-1,3-glucan produced can be at least about 20%, based on the weight of the sucrose used in the reaction solution ([0071]). Other products (byproducts) of a glucosyltransferase reaction can include various soluble oligosaccharides (DP2-DP7) ([0019]). Oligosaccharides can serve as primers to initiate the glucosyltransferase enzyme (i.e. were added during preparation of the enzymatic reaction ([0056]). Example 18 discloses that after the reaction solution is prepared and allowed to react, the insoluble glucan polymer product is harvested, washed with water, and dried ([0133]).
As discussed above, Huh discloses a colloidal dispersion comprising poly alpha-1,3 glucan. Accordingly, it would have been prima facie obvious to one of ordinary skill in the art to have used the method disclosed by Payne to formulate the poly alpha-1,3 glucan of Huh since this is a known effective and alternative method of forming poly alpha-1,3 glucan as taught by Payne.
Regarding claims 1 and 3 reciting wherein the first composition comprises at least 88% and at least 95%, respectively, insoluble alpha-glucan, Payne teaches that the insoluble poly alpha-1,3-glucan is harvested and dried, as discussed above. It is understood that once the insoluble poly alpha-1,3-glucan is dried, it will comprise substantially all insoluble alpha-glucan, making the limitation of the claims obvious.
Regarding claim 10 reciting wherein the wet cake comprises about 10% to about 55% by weight of the insoluble alpha-glucan and about 45% to 90% by weight of an aqueous fluid, Payne discloses wherein the insoluble glucan polymer product was washed with water prior to being dried. As discussed above, Huh discloses wherein the poly alpha-1,3 glycan in the form of a wet cake contains between 60 to 80% water. A wet cake containing 60 to 80% water contains 20 to 40% poly alpha-1,3 glycan. Therefore, the claimed ranges would have been obvious.
Response to Applicant’s Arguments
Applicant argues that the method of Cormier requires a considerable amount of alpha-1,6 linkages, at most, -86% alpha-1,3 linkages (max. ratio of 6:1 alpha-1,3 to alpha-1,6), need to be present in the insoluble alpha-glucan to obtain their results using high pressure mixing and so would not be suitable for the instantly claimed invention requiring alpha- glucan with at least 95% (claim 1), 98% (claim 5), 99% (claim 18), or 100% (claim 19) alpha-1,3 linkages.
Applicant’s argument has been fully considered but not found to be persuasive. The rejection states that it would have taken no more than the relative skills of one of ordinary skill in the art to have arrived at the claimed pressure through routine experimentation depending on the particle size of the insoluble alpha-glucan particles desired. One of ordinary skill in the art would have arrived at the claimed pressure without having a considerable amount of alpha-1,6 linkages. Cormier discloses that the assembly of the nanoparticles can be partially attributed to the nature of the α-(1→3)-linked and α-(1→6)-linked D-glucose units in the glucan. High-pressure homogenization of the glucan could force the rigid α-(1→3)-linked regions responsible for the insolubility into the center of a forming sphere while α-(1→6)-linked regions assembled on the surface in order to maximize the hydrophilic interaction with the aqueous media. More experimentation however, is needed to determine the exact mechanism of the nanosphere formation ([0021]). Thus, the ratio of α-(1→3)-linked regions to α-(1→6)-linked regions would be relevant to the formation of a nanosphere using high pressure homogenization. As discussed above, Cormier teaches that pressure affects particle size and pressure homogenization is a known and effective method for achieving a desired particle size. However, it is not taught in the disclosure of Cormier that the ability of high pressure homogenization to affect particle size is dependent on the ratio of α-(1→3)-linked regions to α-(1→6)-linked regions. Thus, one of ordinary skill in the art would have reasonably expected the high pressure homogenization technique taught by Cormier to affect the particle size of the alpha glucan of Huh regardless of the ratio of α-(1→3)-linked regions to α-(1→6)-linked regions.
3. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Huh et al., (US 2018/0021238 A1, Jan. 25, 2018) (hereinafter Huh), in view of Cormier et al., (US 2016/0326268 A1, Nov. 10, 2016) (cited by applicant on List of References 11/27/2024) (hereinafter Cormier), Payne et al., (US 2014/0087431 A1, March 27, 2014) (hereinafter Payne), and further in view of Nambiar et al., (US 2015/0259439 A1, Sept. 19, 2015) (hereinafter Nambiar).
Huh, Cormier, and Payne make obvious the limitations of claim 1, as discussed above, but do not teach wherein the insoluble alpha-glucan is dispersed through at least about 60% of the volume of the aqueous dispersion.
However, Nambiar discloses compositions comprising oxidized poly alpha-1,3-glucan compounds (Abstract), including colloidal dispersions ([0043]), wherein the poly alpha-1,3-glucan compound herein can be present in an aqueous composition at a wt. % of about, or at least about 60% ([0087]).
Accordingly, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant application to have dispersed the insoluble alpha-glucan through at least about 60% of the volume of the colloidal dispersion of Huh since Huh does not disclose an amount and this is a known and effective amount to formulate a dispersion as taught by Nambiar.
Regarding the limitation of claim 8 reciting wherein said aqueous dispersion exists for a time of at least about 0.5 days following step (b), as noted in the instant specification, using a dispersal technique as disclosed herein, the insoluble alpha-glucan particles are dispersed through a volume of the dispersion and the above levels of dispersion are contemplated to be for a time of about, at least about, or up to about, 0.5 days ([0080]). Accordingly, the method of producing an insoluble alpha-glucan dispersion of Huh mixed at an optimized pressure by pressure homogenization, as taught by Cormier, would necessarily produce an aqueous dispersion that exists for a time of at least about 0.5 days following step (b).
Response to Applicant’s Arguments
Applicant argues that the ability to produce a stable aqueous dispersion of initially dry insoluble alpha-glucan - initially of at least 88% (claim 1) or 95% (claim 3) by weight of the insoluble glucan and therefore of relatively low possible water content by performing the claimed method as taught in instant Example 1 will exist in dispersion for at least about 0.5 days, following the step of mixing using a pressure of at least 7000 psi is an unexpected feature.
Applicant’s argument has been fully considered but not found to be persuasive for reasons discussed above regarding the unexpected results of disclosed in Example 1 of the instant specification in view of US 2018/0273731 A1 and further evidenced by Samani.
4. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Huh et al., (US 2018/0021238 A1, Jan. 25, 2018) (hereinafter Huh), in view of Cormier et al., (US 2016/0326268 A1, Nov. 10, 2016) (cited by applicant on List of References 11/27/2024) (hereinafter Cormier), Payne et al., (US 2014/0087431 A1, March 27, 2014) (hereinafter Payne), and further in view of Zheng et al., (US 2016/0206648 A1, July 21, 2016) (hereinafter Zheng).
Huh, Cormier, and Payne make obvious the limitations of claim 1, and Payne teaches the insoluble glucan polymer product is harvested and dried as discussed above. The prior art differs from the instant claims insofar as not disclosing wherein the insoluble alpha-glucan provided in the first composition was dried by agitated air drying.
However, Zheng discloses in Example 5 a process for producing a dietary fiber containing material comprising β-glucan ([0104]) wherein the wet solids (glucans) were collected and dried in an agitated vacuum dryer before being milled and further processed ([0109]).
Accordingly it would have been prima facie obvious to one of ordinary skill in the art to have dried the insoluble alpha-glucan by agitated air drying since this is a known and effective method of drying a glucan in the art as taught by Zheng.
Response to Applicant’s Arguments
Applicant argues that Zheng does not remedy the deficiencies of Huh, Cormier, and Payne.
Applicant’s argument has been fully considered but found not to be persuasive. The Examiner submits that Applicant’s argument with regards to Huh, Cormier, and Payne is addressed above and is unpersuasive. Therefore, these rejections are maintained.
5. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Huh et al., (US 2018/0021238 A1, Jan. 25, 2018) (hereinafter Huh), in view of Cormier et al., (US 2016/0326268 A1, Nov. 10, 2016) (cited by applicant on List of References 11/27/2024) (hereinafter Cormier), Payne et al., (US 2014/0087431 A1, March 27, 2014) (hereinafter Payne), and further in view of Paullin et al., (US 2015/0232819 A1, Aug. 20, 2015) (hereinafter Paullin).
Huh, Cormier, and Payne make obvious the limitations of claim 1, and Cormier teaches the use of homogenizing insoluble glucans in water to produce a dispersion as discussed above. The prior art does not teach wherein the aqueous dispersion has a viscosity that is at least about 50% higher than the viscosity that the aqueous dispersion would have had if it was instead prepared by mixing at an rpm (revolutions per minute) of no more than 10000.
However, Paullin teaches a method for increasing the viscosity of an aqueous composition comprising contacting one or more poly alpha-1,3-1,6-glucan ether compounds with an aqueous composition ([0168]). The aqueous composition can be water ([0174]). The method increases the viscosity of the aqueous composition by at least any integer between 1% and 1000000% ([0175]) using homogenization at up to 30000 rpm ([0176]). The method can be used to increase the viscosity of aqueous compositions that are already viscous ([0174]).
As discussed above, it would have been obvious to have used a pressure homogenizer to formulate the colloidal dispersion of Huh. Accordingly, it would have been prima facie obvious to one of ordinary skill in the art to have homogenized at 30000 rpm since this is a known and effective speed for homogenizing a dispersion comprising poly alpha glucan as taught by Paullin. Therefore, since dispersion is mixed at an rpm greater than 10000, the dispersion of the prior art necessarily has a viscosity that is at least about 50% higher than the viscosity of the dispersion would have had if it was instead prepared by mixing at an rpm of no more than 10000.
Response to Applicant’s Arguments
Applicant argues that Paullin does not remedy the deficiencies of Huh, Cormier, and Payne.
Applicant’s argument has been fully considered but found not to be persuasive. The Examiner submits that Applicant’s argument with regards to Huh, Cormier, and Payne is addressed above and is unpersuasive. Therefore, these rejections are maintained.
New Claim Rejections - 35 USC § 103
6. Claims 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Londono et al., (WO 2019/094357 A2, May 16, 2019) (hereinafter Londono) in view of Cormier et al., (US 2016/0326268 A1, Nov. 10, 2016) (cited by applicant on List of References 11/27/2024) (hereinafter Cormier), and further in view of Lenges et al., (WO 2019/046123 A1, March 07, 2019) (hereinafter Lenges).
Londono and Cormier make obvious the limitations of claim 1, as discussed above, but do not teach wherein the method further comprises mixing the aqueous dispersion
with a polyurethane, rubber elastomer, and/or a pigment. However, Lenges discloses an aqueous latex compositions comprising polysaccharide particles and a polymer dispersion or polymer emulsion, wherein the polysaccharide particles comprise polyalpha -1,3-glucan. The invention also relates to an adhesive, a film, a coating or a binder comprising the latex composition in a dry form (abstract). The polymer dispersion or polymer emulsion comprises a polymer polymerized from at least one copolymerizable polyurethane, a rubber elastomer, or a combination thereof (Claim 5). The latex composition further comprises a pigment (Claim 11). In the latex composition, the polysaccharide particles can be used in the form of a colloidal dispersion, wet cake, dry powder, or a combination thereof. In one embodiment, the polysaccharide particles can be used in the form of a colloidal dispersion (page 14, lines 1-4). The percentage of glycosidic linkages between the glucose monomer units of the poly alpha-1 ,3-glucan that are alpha-1 ,3 is greater than or equal to 95%, 96%, 97%, 98%, 99%, or 100% (page 16, lines 10-13). The polysaccharide particles or dispersion of polysaccharide particles can be can be charged into a mixer, optionally with an aqueous solution, and the polymer dispersion or polymer emulsion is then added slowly to the polysaccharide particles with sufficient mixing to provide good dispersion of the polysaccharide particles and the polymer in the aqueous solution, forming the latex composition (page 50, lines 8-13). In Examples 11-14, to make the paint formulations the initial water and AMP- 95® were added to the mix tank and stirred at a slow speed. The alpha-1 ,3-glucan wet cake, approximately 40% solids, was then added and the speed was slowly increased on the disperser. After 5 minutes of mixing the Natrosol™ 330 thickener (Ashland) was added and allowed to dissolve. After 5 minutes the remaining additives and pigments were added one at a time. The disperser speed was increased to 2800-3000 rpm and the formulation was allowed to mix for 10 minutes (page 78, lines 4-14).
As discussed above, the dispersion of Londono can be in the form of a household product and an industrial product. Accordingly, it would have been prima facie obvious to one of ordinary skill in the art to have mixed the dispersion of Londono with polyurethane, a rubber elastomer, and/or a pigment motivated by the desire to form a latex paint formulation (i.e., a household product and/or industrial product) as taught by Lenges.
7. Claims 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Huh et al., (US 2018/0021238 A1, Jan. 25, 2018) (hereinafter Huh), in view of Cormier et al., (US 2016/0326268 A1, Nov. 10, 2016) (cited by applicant on List of References 11/27/2024) (hereinafter Cormier), Payne et al., (US 2014/0087431 A1, March 27, 2014) (hereinafter Payne), and further in view of Lenges et al., (WO 2019/046123 A1, March 07, 2019) (hereinafter Lenges).
Huh, Cormier, and Payne make obvious the limitations of claim 1, as discussed above, but do not teach wherein the method further comprises mixing the aqueous dispersion with a polyurethane, rubber elastomer, and/or a pigment.
However, Lenges discloses an aqueous latex compositions comprising polysaccharide particles and a polymer dispersion or polymer emulsion, wherein the polysaccharide particles comprise polyalpha -1,3-glucan. The invention also relates to an adhesive, a film, a coating or a binder comprising the latex composition in a dry form (abstract). The polymer dispersion or polymer emulsion comprises a polymer polymerized from at least one copolymerizable polyurethane, a rubber elastomer, or a combination thereof (Claim 5). The latex composition further comprises a pigment (Claim 11). The latex compositions are comprised in paint formulations (Claim 12). In the latex composition, the polysaccharide particles can be used in the form of a colloidal dispersion, wet cake, dry powder, or a combination thereof. In one embodiment, the polysaccharide particles can be used in the form of a colloidal dispersion (page 14, lines 1-4). The percentage of glycosidic linkages between the glucose monomer units of the poly alpha-1 ,3-glucan that are alpha-1 ,3 is greater than or equal to 95%, 96%, 97%, 98%, 99%, or 100% (page 16, lines 10-13). The polysaccharide particles or dispersion of polysaccharide particles can be can be charged into a mixer, optionally with an aqueous solution, and the polymer dispersion or polymer emulsion is then added slowly to the polysaccharide particles with sufficient mixing to provide good dispersion of the polysaccharide particles and the polymer in the aqueous solution, forming the latex composition (page 50, lines 8-13). In Examples 11-14, to make the paint formulations the initial water and AMP- 95® were added to the mix tank and stirred at a slow speed. The alpha-1 ,3-glucan wet cake, approximately 40% solids, was then added and the speed was slowly increased on the disperser. After 5 minutes of mixing the Natrosol™ 330 thickener (Ashland) was added and allowed to dissolve. After 5 minutes the remaining additives and pigments were added one at a time. The disperser speed was increased to 2800-3000 rpm and the formulation was allowed to mix for 10 minutes (page 78, lines 4-14).
As discussed above, the colloidal dispersion of Huh can be in the form of a household product and an industrial product. Accordingly, it would have been prima facie obvious to one of ordinary skill in the art to have mixed the aqueous dispersion of Huh with polyurethane, a rubber elastomer, and/or a pigment motivated by the desire to form a latex paint formulation (i.e., a household product and/or industrial product) as taught by Lenges.
Conclusion
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/S.J.K./ Examiner, Art Unit 1614
/TRACY LIU/ Primary Examiner, Art Unit 1614