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 with traverse of Group II, claims 3-10 and 12-13, in the reply filed on 9/2/25 is acknowledged. The traversal is on the ground(s) that the applicant traversed the restriction. It is noted that inventions listed as Groups I-V do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features as set forth in page 4 of the previous Office Action.
Therefore, given that the Examiner has properly established that Groups I-V lack unity as set forth in page 4 of the Office Action mailed 7/8/25, it is the Examiner's position that the restriction is proper.
The requirement is still deemed proper and is therefore made FINAL.
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 3-10, 12-13, 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Koch et al (US20190315790) in view of Koch et al (US20190297931).
Koch teaches the synthesis of D-allulose.
Koch, example 19, teaches a purified allulose solution having a purity of 95 wt.-% and containing 3733 g allulose was evaporated to a dry matter content of 86 wt.-%. The solution was stirred at 40 rpm in a crystallizer at a temperature of 50° C. The tempered solution was seeded with the suspension of Example 18. The utilized crystal fraction was 50 μm to 120 μm. The seed crystals amounted to a content of 0.3 wt.-% (seed crystals/g allulose solution).
The revolution speed was transiently increased in order to distribute the seed crystals homogenously in the solution and then reset to 40 rpm. The crystallization was performed at a linear cooling gradient of 0.085° C./h and was terminated at 30° C. The suspension was separated for 20 minutes by means of a centrifuge at 8000 rpm. Cover water (desalted) was added at a ratio of 20 vol.-% (desalted water:volume of suspension). 1980 g crystalline allulose were provided corresponding to a yield of 53 wt.-%.
Koch, paragraph 87 of the PGPUB, teaches the conversion of educt saccharide, preferably fructose to product saccharide, preferably allulose.
It 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 that a solution having a purity of 95 wt.-% allulose would comprise about 5 wt.-% fructose there would be residual fructose present in the solution after the conversion of fructose to allulose.
Although Koch teaches concentration by means of an evaporator, Koch does not teach concentrating until the saturation concentration is exceeded.
Koch (‘931), paragraph 39 of the PGPUB, teaches allulose remains in solution thereby providing an improved shelf-life and storage stability of aqueous liquid compositions without forming undesirable precipitates. Moreover, allulose syrups can be transported at higher concentrations even at oversaturated concentrations at ambient temperature without crystallization.
It 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 to evaporate the crude product composition as taught by Koch to an oversaturated concentration as taught by Koch (‘931) as this reduces the amount of water needs in the remaining process while not crystalizing the solution.
Having a purified allulose solution having a purity of 95 wt.-% and further comprising 5 wt.-% fructose as taught by the references reads on providing the allulose preparation as claimed in claim 3, step a.
Evaporating the crude product composition to an oversaturated concentration as taught by the references reads on concentrating as claimed in claim 3, step c.
Seeding with the allulose suspension as taught by Koch reads on claim 3, step d.
Crystallizing performed at a linear cooling gradient of 0.085° C./h to provide a yield of 53 wt.-%. Reads on claim 3, step e.
The suspension separated by means of a centrifuge as taught by Koch reads on claim 3, step f.
Regarding claims 4-8, Koch, example 19, teaches a purified allulose solution having a purity of 95 wt.-% allulose and further comprising 5 wt.-% fructose.
Regarding claims 9-10, Koch, example 19, teaches a purified allulose solution having a purity of 95 wt.-% and containing 3733 g allulose was evaporated to a dry matter content of 86 wt.-%.
Regarding claim 12, Koch, paragraph 244 of the PGPUB, teaches concentration of the crude product composition provided in step (c) or of the pre-purified product composition provided in step (d) may be achieved by means of an evaporator, preferably at a temperature below 60° C.
Regarding claim 13, Koch, paragraph 277 of the PGPUB, teaches the amount of seed crystals is within the range of from 0.001 wt.-% to 10 wt.-%, relative to the weight of the dry matter contained in said composition.
Regarding claim 31, Koch teaches a purified allulose solution having a purity of 95 wt.-%.
Regarding claim 32, Koch, paragraph 244 of the PGPUB, teaches concentration of the crude product composition provided in step (c) or of the pre-purified product composition provided in step (d) may be achieved by means of an evaporator, preferably at a temperature below 60° C.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20200407389 teaches a method for producing functional crystalline sweetener.
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/STEFANIE J COHEN/ Examiner, Art Unit 1732 1/27/26