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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05 February 2026 has been entered.
Claim Status
Claims 1-2,5,7,10-11, 13, 15-16, 18-19, 21-22, 24-25, 27-37, 39-40, and 42-45 are pending in the current application. Claims 3-4, 6, 8-9, 12, 14, 17, 20, 23, 26, 38, and 41 have been cancelled.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 5, 7, 10-11, 13, 15-16, 18-19, 21-22, 24-25, and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Cai et al.(herein referred to as Cai, CN 113424943 A) in view of Ishii et al. (herein referred to as Ishii, JP 3245881 B2)
With regard to Claim 1, Cai teaches a method for producing a flavor ([n0001]). The method comprising a step of inoculating a fermentation medium with a first microorganism and a second microorganism ([n0007]) and then producing a fermentation broth containing amino acids, nucleic acids, and/or organic acids by fermentation of the microorganism ([n0008]). The first microorganism and the second microorganism produce different products, and each producing one selected from the group consisting of amino acids, nucleic acids, and organic acids. ([n0007],[n0008] Cai reads such that glutamic acid is produced, which is an amino acid, and inosinic acid is produced, which is an organic acid). Cai teaches the first microorganism and the second microorganism produce different products and each produces one selected from the group consisting of amino acid, nucleic acid and organic acid. ([n0007],[n0008] glutamic acid producing microorganism produce glutamic acid and inosinic acid producing microorganism produce inosinic acid). Cai teaches the first microorganism can be Corynebacterium glutamicum and the second microorganism can be Corynebacterium stagnantum or Corynebacterium glutamicum ([n0009]).
However, in accordance with the applicant’s election of species above, Cai is silent to the first and second microorganism both producing amino acids. Cai specifically teaches that flavoring with amino acids is rich in nutrients and provides an umami flavor ([n0044]) and that when two or more umami ingredients are used together, the umami taste will be significantly enhanced ([n0003]).
Ishii teaches a method for the simultaneous fermentation of basic L-amino acid-producing bacterium and an acidic L-amino acid producing bacterium ([0001]). Ishii teaches the first microorganism and the second microorganism produce amino acids (Example 1). The method produces the targeted amino acids with only trace amounts of other amino acids and by-products ([0001] page 1, paragraph 1). Additionally, the method provides a significant cost reduction in amino acid production ([0001], page 8, paragraph 2). In addition, Ishii also teaches the first microorganism and the second microorganism are microorganisms of the genus Corynebacterium ([0001] page 3 Ishii reads such that “It is well known that basic L-amino acid-producing bacteria and acidic L-amino acid-producing bacteria belong to the genera Brevibacterium and Corynebacterium”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the simultaneous fermentation of amino acid producing microorganisms taught by Ishii could be implemented into the flavor producing method taught by Cai to produce targeted amino acids with only trace amounts of additional amino acids and by-products ([0001] page 1, paragraph 1) while simultaneously reducing the cost of amino acid production ([0001], page 8, paragraph 2). Cai teaches flavoring with nutrient rich amino acids that provides a desirable umami flavor (Cai [n0044]) and it is advantageous when seeking an umami flavor to use two or more umami ingredients to significantly enhanced the flavor ([n0003]).Therefore, modifying Cai in view of Ishii would produce a significantly enhanced umami flavoring at a reduced cost with less by-products.
Continuing, Cai teaches the fermentation broth contains the products of the microorganisms. Cai teaches that Glutamic acid is 9.8% and other amino acids are 0.38% totally 10.18% of the fermentation broth ([n0030],[n0031]). The examiner noted this amount, in relation to the fermentation broth, is lower than the amount claimed in relation to the solid content. However, Cai teaches the following is the composition of the fermentation broth Ingredient Name Content Water 81.8% Glutamic acid 9.8% Inosinic acid 0.58% Other amino acids 0.38% Organic acid 0.36% Biomass 4.2% Other dry matter 2.88% ([n0031]). Therefore, the amount of amino acids (Glutamic acid 9.8% and Other amino acids 0.38%) in relation to the other solid components is about ~72%. See MPEP 2144.05(I) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). In addition, Cai teaches sugar supplementation can increase the glutamic acid mass percentage content to 8-18% ([n0037]). Cai teaches amino acids such as glutamic acid has a unique umami taste and is widely used in food and condiments as a food additive ([n0002]). Specifically glutamic acid is the amino acid with the largest production in the world ([n0002]).
Therefore, Cai teaches the claimed amount of amino acids + nucleic acids per the applicants definition of solid content. In addition, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention that through routine optimization of the fermentation conditions (such as sugar supplementation) the amount of amino acid, specifically glutamic acid can be increased. One with ordinary skill in the art would be motivated to increase the amount of glutamic acid in the broth to 40 to 90 wt% increase the unique umami taste. See MPEP 2144.05(II)(A) Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.").
With regard to Claim 2, Cai teaches the amino acid is L-glutamic acid ([n0007],[n0008]).
With regard to Claim 5, the combination of Cai and Ishii disclose all the limitations in the claims set forth above.
However, Cai is silent to the second microorganism being lysine-producing microorganism, an arginine-producing microorganism, a histidine-producing microorganism, a tryptophan-producing microorganism, a glycine-producing microorganism, an alanine-producing microorganism, a succinic acid-producing microorganism, a lactic acid-producing microorganism, a guanylic acid-producing microorganism, or an inosinic acid-producing microorganism.
Ishii teaches a first microorganism being a glutamic acid-producing bacteria and teaches a second microorganism being a lysine-producing bacteria (Example 4). Ishii teaches the simultaneous production of amino acids produces the targeted amino acids with only trace amounts of other amino acids and by-products ([0001] page 1, paragraph 1), provides a significant cost reduction in amino acid production ([0001], page 8, paragraph 2), and reduces the environmental load of the waste liquid ([0001], page 8, paragraph 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cai by substituting a lysine-producing bacteria, as taught by Ishii, as the second microorganism. Ishii’s method advantageously reduces by-products, reduces cost, and reduces the environmental load ([0001] page 1, paragraph 1, [0001], page 8, paragraph 2) In addition amino acids provide a desirable umami flavor (Cai [n0044]) and when seeking an umami flavor, it is advantageous to have two or more umami ingredients to significantly enhanced the flavor ([n0003]).
With regard to Claim 7, Cai teaches more than two microorganisms can be used in co-fermentation to produce amino acids and nucleic acids ([n0017]). In addition, one embodiment teaches inoculating the fermentation medium is a process carried out in stages. With the first stage being inoculating the fermentation medium with the first microorganism then secondly inoculating the first microorganism in the fermentation medium with the second microorganism ([n0037]). Cai teaches a multiplying effect of umami flavor is achieved which makes the umami taste significantly better than a single pure product ([n0019]). There is a synergistic enhancement of umami ingredients which has a better taste, flavor, and higher nutritional value ([n0047]).
Cai shows logic and/or sound scientific principles which is evidence for the existence of the process of inoculating a fermentation medium with a third microorganism ([n0017]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the third microorganism would produce a product different from the first and second microorganism and from the group consisting of amino acids, nucleic acids, and organic acids because Cai teaches using different strains of microorganisms and it is common knowledge each strain of a microorganism produces its own products. More specifically, Cai teaches using Corynebacterium glutamicum, Brevibacterium flavum, Brevibacterium dispersum, Brevibacterium ammoniaphagus, Corynebacterium stagnantum, Bacillus pumilus and Bacillus subtilis which are recognized in the art and produce amino acids and organic acids ([n0009]). Thus, a third different strain added would produce a different product than the first and second microorganism already present in the fermentation broth and from the group of amino acids, nucleic acids, and organic acids.
Therefore, The inoculation of a third microorganism would be advantageous because it would add an additional umami flavor which Cai explicitly teaches makes the umami taste significantly better because of the multiplying effect of umami flavor ([n0019]).
With regard to Claim 10, Cai is silent to the first microorganism, the second microorganism and the third microorganism being in a seed culture broth state obtained by individual culture or co-culture.
Ishii teaches an embodiment which utilizes a first microorganism (glutamic acid-producing microorganism) and a second microorganism (lysine-producing microorganism) which are in a seed culture broth state obtained by individual culture (Example 4, Ishii reads such that the individual culture originates from a bouillon slant).
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify Cai to use a first microorganism, a second microorganism, and a third microorganism which are in a seed culture broth because Ishii provides that it was known for seed cultures to be successfully used in a co-fermentation method together and published at the time of filing, which means it was within the general skill of one of ordinary skill in the art to use a seed culture broth in a fermentation method for producing flavor which means it would be obvious to one of skill in the art to do such a thing on the basis of its suitability for a similar intended use. See MPEP 2144.07 Art Recognized Suitability for an Intended Purpose that discussed that when the prior art recognizes something is suitable for a similar intended use.
With regard to Claim 11, the combination of Cai and Ishii discloses all the limitations in the claims set forth above. It is important to note, it is obvious that when adjusting the inoculum of each microorganism, it would have been obvious that amount of product is direct correlated to the inoculation amount of each microorganism and therefore the inoculation amount controls the ratio between the products in the fermentation broth.
Regardless, Cai teaches multi strain co-fermentation is beneficial for controlling the ratio of the target products ([n00017]). Cai teaches an embodiment where a glutamic acid-producing bacterial liquid inoculation amount is 5% to 15% by volume of the co-fermentation medium ([n0007]). In the same embodiment, the inosinic acid-producing bacterial liquid inoculation amount is 1% to 20% by volume of the co-fermentation medium ([n0007]). The result from adjusting the inoculum of each is a glutamic acid mass percentage content of 8-18% and an inosinic acid mass percentage content of 0.5-10% ([n0008]). Therefore, the ratio of L-glutamic acid to L-lysine was directly controlled by adjusting the inoculum of each.
Cai shows that the claimed method step of adjusting the inoculum of each microorganism in order to control the ratio between the products of the microorganisms in the fermentation broth was known to have been successfully achieved and published at the time of filing, which means it was within the general skill of a one with ordinary skill in the art to do such a thing on the basis of its suitability for the similar intended use, see MPEP 2144.07. Cai also explicitly states the method of co-fermentation of microorganism is advantageous for controlling the ratio of the target products ([n00017]).
With regard to Claim 13, Cai teaches a method for producing a flavor ([n0001]). The method comprising a step of inoculating a fermentation medium with a first microorganism and a second microorganism ([n0007]) and then producing a fermentation broth containing amino acids, nucleic acids, and/or organic acids by fermentation of the microorganism ([n0008]). The first microorganism and the second microorganism produce different products, and each producing one selected from the group consisting of amino acids, nucleic acids, and organic acids. ([n0007],[n0008] Cai reads such that glutamic acid is produced, which is an amino acid, and inosinic acid is produced, which is an organic acid). Cai teaches the first microorganism and the second microorganism produce different products and each produces one selected from the group consisting of amino acid, nucleic acid and organic acid. ([n0007],[n0008] glutamic acid producing microorganism produce glutamic acid and inosinic acid producing microorganism produce inosinic acid). However, Cai is silent to the flavor containing L-glutamic acid and L-lysine and a glutamic acid producing microorganism and a lysine-producing microorganism.
Ishii teaches a method for the simultaneous fermentation of basic L-amino acid-producing bacterium and an acidic L-amino acid producing bacterium ([0001]). One embodiment taught by Ishii described the simultaneous production of Lysine and Glutamic acid (Example 4). The embodiment comprises a step of inoculating a fermentation medium with a glutamic acid-producing microorganism and a lysine producing microorganism (example 4). The resulting fermentation brother contains both L-glutamic acid and L-lysine produced via fermentation(Example 4, line 441 “441 As a result, accumulation of 37 g/l of L-glutamic acid and 54 g/l of L-lysine was observed”). The method taught by Ishii advantageously produces the targeted amino acids with only trace amounts of other amino acids and by-products ([0001] page 1, paragraph 1). Additionally, the method provides a significant cost reduction in amino acid production ([0001], page 8, paragraph 2)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the simultaneous fermentation of a glutamic acid producing microorganism and a lysine-producing microorganism taught by Ishii could be implemented into the flavor producing method taught by Cai. This method advantageously produces the target amino acids with only trace amounts of by-products while simultaneously providing a significant cost product ([0001] page 1, paragraph 1, [0001], page 8, paragraph 2).
Continuing, Cai teaches the fermentation broth contains the products of the microorganisms. Cai teaches that Glutamic acid is 9.8% and other amino acids are 0.38% totally 10.18% of the fermentation broth ([n0030],[n0031]). This is lower than the 40 to 90 wt% as claimed. However, Cai teaches sugar supplementation can increase the glutamic acid mass percentage content to 8-18% ([n0037]). Cai teaches amino acids such as glutamic acid has a unique umami taste and is widely used in food and condiments as a food additive ([n0002]). Specifically glutamic acid is the amino acid with the largest production in the world ([n0002]).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention that through routine optimization of the fermentation conditions (such as sugar supplementation) the amount of amino acid, specifically glutamic acid can be increased. One with ordinary skill in the art would be motivated to increase the amount of glutamic acid in the broth to increase the unique umami taste. See MPEP 2144.05(II)(A) Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.").
With regard to Claim 15, the combination of Cai and Ishii discloses all the limitations in the claims set forth above.
However, Cai is silent to the glutamic acid-producing microorganism and the lysine-producing microorganism being in a seed culture broth state obtained by individual culture or co-culture.
Ishii teaches an embodiment which utilizes a glutamic acid-producing microorganism and a lysine-producing microorganism which are in a seed culture broth state obtained by individual culture (Example 4, Ishii reads such that the individual culture originates from a bouillon slant).
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify Cai to use glutamic acid-producing microorganism and the lysine-producing microorganism which are in a seed culture broth because Ishii provides that it was known for seed cultures of glutamic acid-producing microorganism and the lysine-producing microorganism to be successfully used in a co-fermentation method together and published at the time of filing, which means it was within the general skill of one of ordinary skill in the art to use a glutamic acid-producing microorganism and a lysine-producing microorganism in a seed culture broth in a fermentation method for producing flavor which means it would be obvious to one of skill in the art to do such a thing on the basis of its suitability for a similar intended use. See MPEP 2144.07 that discussed that when the prior art recognizes something is suitable for a similar intended use.
With regard to Claim 16, when adjusting the inoculum of each microorganism, it would have been obvious that the amounts of L-glutamic acid and L-lysine produced are directly correlated to the inoculation amount of the glutamic acid-producing microorganism and the lysine-producing microorganism and therefore the inoculation amount would have controlled the ratio between the two.
Regardless, Cai teaches multi strain co-fermentation is beneficial for controlling the ratio of the target products ([n00017]). Cai teaches an embodiment where a glutamic acid-producing bacterial liquid inoculation amount is 5% to 15% by volume of the co-fermentation medium ([n0007]). In the same embodiment, the inosinic acid-producing bacterial liquid inoculation amount is 1% to 20% by volume of the co-fermentation medium ([n0007]). The result from adjusting the inoculum of each is a glutamic acid mass percentage content of 8-18% and an inosinic acid mass percentage content of 0.5-10% ([n0008]). Therefore, the ratio of L-glutamic acid to L-lysine was directly controlled by adjusting the inoculum of each.
As stated above, It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the simultaneous fermentation of a glutamic acid producing microorganism and a lysine-producing microorganism taught by Ishii could be implemented into the flavor producing method taught by Cai (see Claim 13 above). The substitution of lysine taught by Ishii for the inosinic acid taught by Cai is obvious as lysine and inosinic acid are taught by the prior art to be useful for the same purpose (flavoring) thus the idea of combining them flows logically from their being taught individually in the prior art. See MPEP 2144.06 discusses combining or substituting equivalents known for the same purpose.
With regard to Claim 18, the combination of Cai and Ishii discloses all the limitations in the claims set forth above.
Cai teaches producing a flavor ([n0001], Cai reads such that seasoning is prepared by using a multi-strain co-fermentation technology).
With regard to Claim 19, the combination of Cai and Ishii discloses all the limitations in the claims set forth above.
Cai teaches a flavoring containing L-glutamic acid ([n0015],[n0016], Cai reads such that L-glutamic acid is a “flavor short peptide”) and amino acids ([n0015]). Flavoring with amino acids are rich in nutrients and provide an umami flavor ([n0044]). In addition, when two or more umami ingredients are used together, the umami taste will be significantly enhanced ([n0003]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that “amino acids” includes L-lysine. Therefore, Cai teaches a flavoring containing L-glutamic acid and L-lysine which would be rich in nutrients and have a desirable umami flavoring ([n0044],[n0003]).
With regard to Claim 21, the combination of Cai and Ishii discloses all the limitations in the claims set forth above.
Cai teaches a food composition containing the flavor ([n0017] Cai reads such that the seasoning product can be used in various foods, condiments, and snacks).
With regard to Claim 22, the combination of Cai and Ishii discloses all the limitations in the claims set forth above.
Cai teaches a food composition containing the flavor ([n0017] Cai reads such that the seasoning product can be used in various foods, condiments, and snacks) containing L-glutamic acid ([n0015], [n0016]) and L-lysine ([n0015] Cai reads such that the flavoring contains amino acids).
With regard to Claim 24, the combination of Cai and Ishii discloses all the limitations in the claims set forth above.
However, Cai is silent to the first microorganism and the second microorganism are in a seed culture broth state obtained by individual culture or co-culture
Ishii teaches an embodiment which utilizes a first microorganism (glutamic acid-producing microorganism) and a second microorganism (lysine-producing microorganism) which are in a seed culture broth state obtained by individual culture (Example 4, Ishii reads such that the individual culture originates from a bouillon slant).
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify Cai to use a first microorganism and a second microorganism which are in a seed culture broth because Ishii provides that it was known for seed cultures of to be successfully used in a fermentation method together and published at the time of filing, which means it was within the general skill of one of ordinary skill in the art to use a seed culture broth in a fermentation method for producing flavor which means it would be obvious to one of skill in the art to do such a thing on the basis of its suitability for a similar intended use. See MPEP 2144.07 that discussed that when the prior art recognizes something is suitable for a similar intended use.
With regard to Claim 25, when adjusting the inoculum of each microorganism, it would have been obvious that the amounts of products are directly correlated to the inoculation amount of the first and second microorganism and therefore the inoculation amount would have controlled the ratio between the products.
Regardless, Cai teaches an embodiment where the first microorganism (glutamic acid-producing) bacterial liquid inoculation amount is 5% to 15% by volume of the co-fermentation medium ([n0007]). In the same embodiment, the second microorganism (inosinic acid-producing) bacterial liquid inoculation amount is 1% to 20% by volume of the co-fermentation medium ([n0007]). The result from adjusting the inoculum of each is a glutamic acid mass percentage content of 8-18% and an inosinic acid mass percentage content of 0.5-10% ([n0008]). Therefore, the ratio of the products (L-glutamic acid and L-lysine) were directly controlled by the inoculum of the first and second microorganism.
With regard to Claim 27, Cai teaches a flavor produced ([n0017]).
With regard to Claim 28, Cai teaches a food composition containing the produced flavor ([n0017], Cai reads such that the seasoning produced can widely be used in various foods).
Claims 29-34, 37, 40, and 42-45 are rejected under 35 U.S.C. 103 as being unpatentable over Cai et al. (herein referred to as Cai, CN 113424943 A) in view of reference #1 (KR 101049023 B1)
With regard to Claim 29, Cai teaches a method for producing a flavor ([n0001]). The method comprising a step of inoculating a fermentation medium with a first microorganism and a second microorganism ([n0007]) and then producing a fermentation broth containing amino acids and nucleic acids by fermentation of the microorganism ([n0008]). The first microorganism and the second microorganism produce different products, and each producing one selected from the group consisting of amino acids and nucleic acids ([n0007],[n0008] Cai reads such that glutamic acid is produced, which is an amino acid, and inosinic acid is produced, which is a nucleic acid).
Continuing, Cai teaches the fermentation broth contains the products of the microorganisms. Cai teaches that Glutamic acid is 9.8%, other amino acids are 0.38%, and inosinic acid is 0.58% totally 10.76% of the fermentation broth ([n0030],[n0031]). The examiner noted this amount, in relation to the fermentation broth, is lower than the amount claimed in relation to the solid content. However, Cai teaches the following is the composition of the fermentation broth Ingredient Name Content Water 81.8% Glutamic acid 9.8% Inosinic acid 0.58% Other amino acids 0.38% Organic acid 0.36% Biomass 4.2% Other dry matter 2.88% ([n0031]). Therefore, the amount of amino acids and nucleic acids (Glutamic acid 9.8% Inosinic acid 0.58% Other amino acids 0.38%) in relation to the other solid components is about ~76%. See MPEP 2144.05(I) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). In addition, Cai teaches sugar supplementation can increase the glutamic acid mass percentage content to 8-18% and the inosinic acid mass percentage content to 0.5-10% ([n0037]). Cai teaches amino acids such as glutamic acid has a unique umami taste and is widely used in food and condiments as a food additive ([n0002]). Specifically glutamic acid is the amino acid with the largest production in the world ([n0002]). Cai teaches Inosinic acids, such as disodium 5'-inosinate is a nucleotide salt have a chicken-like flavor that can enhance saltiness and freshness of food ([n0002])
Therefore, Cai teaches the claimed amount of amino acids + nucleic acids per the applicants definition of solid content. In addition, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention that through routine optimization of the fermentation conditions (such as sugar supplementation) the amount of amino acid, specifically glutamic acid, and nucleic acid, such as inosinic acid, can be increased. One with ordinary skill in the art would be motivated to increase the amount of glutamic acid and inosinic acid in the broth to 40 to 90 wt% to increase the unique umami taste and to increase the chicken-like flavor to enhance saltiness and freshness of the food. See MPEP 2144.05(II)(A) Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.").
Cai teaches the first and/or second microorganism can be Corynebacterium glutamicum, but is silent to the second microorganism being Corynebacterium ammoniagenes.
Referenced #1 teaches Corynebacterium ammoniagenes having enhanced 5'-inosinic acid productivity (page 1). Methods for producing 5'-inosinic acid include using microorganisms. Among the microorganisms used to produce 5'-inosinic acid, a method for producing it by fermenting a strain of the genus Corynebacterium, for example, Corynebacterium ammoniagenes (page 2). Reference #1 teaches 5'-inosinic acid used in various fields such as food, medicine, and various medical purposes. In particular, it is one of the nucleic acid seasonings that is receiving attention as a taste-enhancing seasoning (page 2).
Therefore, reference #1 imparts reasoning for obviousness because the teaching shows that the utilization of Corynebacterium ammoniagenes to produce a nucleic acid, specifically inosinic acid, was known to have been successfully achieved and published at the timing of filing, which means it was within the general skill of one with ordinary skill in the art to select Corynebacterium ammoniagenes because it would have been obvious to one with ordinary skill in the art to do such a thing on the basis of its suitability for a similar intended use. See MPEP 2144.07 that discussed that when the prior art recognizes something is suitable for a similar intended use/purpose, such a thing is obvious.
With regard to Claim 30, Cai teaches the amino acid is L-glutamic acid ([n0007],[n0008]).
With regard to Claim 31, Cai teaches the nucleic acid is inosinic acid ([n0007],[n0008]).
With regard to Claim 32, Cai teaches the first microorganism is a glutamic acid-producing microorganism, and the second microorganism is an inosinic acid-producing microorganism ([n0007]).
With regard to Claim 34, Cai teaches more than two microorganisms can be used in co-fermentation to produce amino acids and nucleic acids ([n0017]). In addition, one embodiment teaches inoculating the fermentation medium is a process carried out in stages. With the first stage being inoculating the fermentation medium with the first microorganism then secondly inoculating the first microorganism in the fermentation medium with the second microorganism ([n0037]). Cai teaches a multiplying effect of umami flavor is achieved which makes the umami taste significantly better than a single pure product ([n0019]). There is a synergistic enhancement of umami ingredients which has a better taste, flavor, and higher nutritional value ([n0047]).
Cai shows logic and/or sound scientific principles which is evidence for the existence of the process of inoculating a fermentation medium with a third microorganism ([n0017]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the third microorganism would produce a product different from the first and second microorganism and from the group consisting of amino acids, nucleic acids, and organic acids because Cai teaches using different strains of microorganisms and it is common knowledge each strain of a microorganism produces its own products. More specifically, Cai teaches using Corynebacterium glutamicum, Brevibacterium flavum, Brevibacterium dispersum, Brevibacterium ammoniaphagus, Corynebacterium stagnantum, Bacillus pumilus and Bacillus subtilis which are recognized in the art and produce amino acids and nucliecacids ([n0009]). Thus, a third different strain added would produce a different product than the first and second microorganism already present in the fermentation broth and from the group of amino acids, nucleic acids, and organic acids.
Therefore, The inoculation of a third microorganism would be advantageous because it would add an additional umami flavor which Cai explicitly teaches makes the umami taste significantly better because of the multiplying effect of umami flavor ([n0019]).
With regard to Claims 37 and 40, It is important to note, it is obvious that when adjusting the inoculum of each microorganism, it would have been obvious that amount of product is direct correlated to the inoculation amount of each microorganism and therefore the inoculation amount controls the ratio between the products in the fermentation broth.
Regardless, Cai teaches multi strain co-fermentation is beneficial for controlling the ratio of the target products ([n00017]). Cai teaches an embodiment where a glutamic acid-producing bacterial liquid inoculation amount is 5% to 15% by volume of the co-fermentation medium ([n0007]). In the same embodiment, the inosinic acid-producing bacterial liquid inoculation amount is 1% to 20% by volume of the co-fermentation medium ([n0007]). The result from adjusting the inoculum of each is a glutamic acid mass percentage content of 8-18% and an inosinic acid mass percentage content of 0.5-10% ([n0008]). Therefore, the ratio of L-glutamic acid to L-lysine was directly controlled by adjusting the inoculum of each.
Cai shows that the claimed method step of adjusting the inoculum of each microorganism in order to control the ratio between the products of the microorganisms in the fermentation broth was known to have been successfully achieved and published at the time of filing, which means it was within the general skill of a one with ordinary skill in the art to do such a thing on the basis of its suitability for the similar intended use, see MPEP 2144.07. Cai also explicitly states the method of co-fermentation of microorganism is advantageous for controlling the ratio of the target products ([n00017]).
With regard to Claims 42 and 43, Cai teaches a flavor produced ([n0017]).
With regard to Claims 44 and 45, Cai teaches a food composition containing the produced flavor ([n0017], Cai reads such that the seasoning produced can widely be used in various foods).
Claims 33, 36, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Cai et al.(herein referred to as Cai, CN 113424943 A) in view of reference #1 (KR 101049023 B1) and Ishii et al. (herein referred to as Ishii, JP 3245881 B2).
With regard to Claim 33, Cai teaches the first microorganism and the second microorganism produce different products, and each producing one selected from the group consisting of amino acids and nucleic acids ([n0007],[n0008]). Cai teaches using different strains of microorganisms and it is common knowledge each strain of a microorganism produces its own products. More specifically, Cai teaches using Corynebacterium glutamicum, Brevibacterium flavum, Brevibacterium dispersum, Brevibacterium ammoniaphagus, Corynebacterium stagnantum, Bacillus pumilus and Bacillus subtilis which are recognized in the art and produce amino acids and nucleic acids ([n0009]).
Ishii teaches bacteria of the genus Brevibacterium and bacteria of the genus Corynebacterium are acidic L-amino acid producing bacteria. Ishii teaches L-amino acids include L-lysine (Lys), L-arginine(Arg), L-histidine (His), L-ornithine (Orn), L-glutamic acid (Glu), L-aspartic acid (Asp) ([0001]).
Therefore, it would be obvious to one with ordinary skill in the art before the effective filing date of the claimed invention that the second microorganism could be a lysine-producing microorganism, an arginine-producing microorganism, a histidine-producing microorganism, a tryptophan-producing microorganism, a glycine-producing microorganism, or an alanine- producing microorganism because Cai already teaches the second microorganism is from the genus Brevibacterium or Corynebacterium which Ishii clearly teaches is a bacterium which produces lysine and arginine as well as other L-amino acids. One would be motivated to produce one of these amino acids in order make the umami taste significantly better than a single pure product through synergistic enhancement of umami ingredients ([n0019], [n0047]).
With regard to Claims 36 and 39, Cai is silent to the first microorganism, the second microorganism and the third microorganism being in a seed culture broth state obtained by individual culture or co-culture.
Ishii teaches an embodiment which utilizes a first microorganism and a second microorganism which are in a seed culture broth state obtained by individual culture (Example 4, Ishii reads such that the individual culture originates from a bouillon slant).
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify Cai to use a first microorganism, a second microorganism, and a third microorganism which are in a seed culture broth because Ishii provides that it was known for seed cultures to be successfully used in a co-fermentation method together and published at the time of filing, which means it was within the general skill of one of ordinary skill in the art to use a seed culture broth in a fermentation method for producing flavor which means it would be obvious to one of skill in the art to do such a thing on the basis of its suitability for a similar intended use. See MPEP 2144.07 Art Recognized Suitability for an Intended Purpose that discussed that when the prior art recognizes something is suitable for a similar intended use.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Cai et al.(herein referred to as Cai, CN 113424943 A) in view of reference #1 (KR 101049023 B1) and evidenced by Kim et al. (herein referred to as Kim, US 20200347346 A1).
With regard to Claim 35, Cai teaches more than two microorganisms can be used in co-fermentation to produce amino acids and nucleic acids ([n0017]). Cai teaches a multiplying effect of umami flavor is achieved which makes the umami taste significantly better than a single pure product ([n0019]). There is a synergistic enhancement of umami ingredients which has a better taste, flavor, and higher nutritional value ([n0047]). Cai teaches using different strains of microorganisms and it is common knowledge each strain of a microorganism produces its own products. More specifically, Cai teaches using Corynebacterium glutamicum, Brevibacterium flavum, Brevibacterium dispersum, Brevibacterium ammoniaphagus, Corynebacterium stagnantum, Bacillus pumilus and Bacillus subtilis which are recognized in the art and produce amino acids and nucleic acids ([n0009]).Cai teaches the glutamate-producing strain refers to one of Corynebacterium glutamicum and the inosinic acid-producing strain refers to one or more of Corynebacterium stagnantum, Corynebacterium glutamicum, Bacillus pumilus and Bacillus subtilis ([n0009]). Additionally, as evidenced by Kim, it is well known in the art that microorganisms of the genus Corynebacterium produce 5′-guanosine monophosphate (guanylic acid) which is use as a flavor additive (Kim [0002]).
Cai shows logic and/or sound scientific principles which is evidence for the existence of the process of inoculating a fermentation medium with a third microorganism ([n0017]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the third microorganism would produce a product different from the first and second microorganism and from the group consisting of amino acids, nucleic acids, and organic acids because Cai teaches using different strains of microorganisms and it is common knowledge each strain of a microorganism produces its own products. More specifically, Cai teaches using bacteria from the genus Corynebacterium which is recognized in the art to produce guanylic acid ([n0009], Kim [0002]). Thus, a third different strain from the genus Corynebacterium could produce guanylic acid which would additionally add to the synergistic enhancement of umami ingredients.
Response to Arguments
Applicant's arguments filed 05 February 2026 have been fully considered but they are not persuasive.
First, the applicant argues that the compositions solid content directly affects the taste, aroma, and overall sensory quality of the resulting flavor. Applicant defines the “solid content” as the total residue remaining after removing microbial cells from the fermentation brother and drying the remaining material. This includes the target product and microbial metabolites, residual medium components, and other fermentation derived substances. Applicant points to examples 2 and 4 of the present application to demonstrate that the fermentation broth containing amino acids or amino acid + nucleic acid in an amount of 40 to 90 wt% relative to the total solid content achieves superior sensory properties. However, these examples are not sufficient to highlight an unexpected result because examples 2 and 4 teach amino acid + nucleic acid in an amount of 88% and 86% relative to the total solids. These amounts are within the claimed range and Per MPEP 716.02(d)(II) To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside (emphasis added) the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960). So in this case, 88% and 86% as taught in examples 2 and 4 do not show a sufficient amount of data points and only show points inside the claimed range. Thus, without points outside the claimed range and a larger sample size the data cannot clearly show an unexpected result. Next applicant points to examples 6, 8, and 10 which show amino acids in an amount of 73%, 71%, and 76% in relation to the total solids. As stated above for examples 2 and 4, the data points presented only show points within the claimed range and as shown above per MPEP 716.02(d)(II) points also must be shown outside the claimed range. Therefore examples 6, 8, and 10 do not clearly show unexpected results because there is an insufficient number of data points and the data points presented (73%, 71%, and 76% ) are all within the claimed range and without points outside the claimed range criticality cannot be established. Applicant’s argument is not found to be persuasive.
Continuing, Applicant argues that Ishii neither teaches no suggests controlling the fermentation broth to achieve the claimed solid content ratio or the resulting organoleptic advantages. This argument is not found to be persuasive because Ishii is merely relied upon to teach the simultaneous fermentation of amino acid producing microorganisms and is not relied upon to teach the content of the amino acids. Thus, applicants argument is not found to be persuasive.
Applicant argues that Cai does not disclose simultaneous co-fermentation nor does it describe the amino acid content relative to the total solids. In this case, Cai teaches the amino acid content and nucleic acid in amounts relative to the fermentation broth. As shown above in the rejection Cai teaches an example wherein the broth contains glutamic acid at 9.8%, other amino acids at 0.38%, and inosinic acid is 0.58% totally 10.76% of the fermentation broth ([n0030],[n0031]). The examiner noted this amount, in relation to the fermentation broth, is lower than the amount claimed in relation to the solid content. However, Cai teaches the following is the composition of the fermentation broth Ingredient Name Content Water 81.8% Glutamic acid 9.8% Inosinic acid 0.58% Other amino acids 0.38% Organic acid 0.36% Biomass 4.2% Other dry matter 2.88% ([n0031]). Therefore, the amount of amino acids and nucleic acids (Glutamic acid 9.8% Inosinic acid 0.58% Other amino acids 0.38%) in relation to the other components is about ~76% (See calculation below, the biomass is not included per applicants definition of solid content)
G
l
u
t
a
m
i
n
a
c
i
d
9.8
%
+
I
n
o
s
i
n
i
c
a
c
i
d
0.58
%
+
o
t
h
e
r
a
m
i
n
o
a
c
i
d
s
(
0.38
%
)
G
l
u
t
a
m
i
n
a
c
i
d
9.8
%
+
I
n
o
s
i
n
i
c
a
c
i
d
0.58
%
+
o
t
h
e
r
a
m
i
n
o
a
c
i
d
s
0.38
%
+
o
r
g
a
n
i
c
a
c
i
d
0.36
%
+
o
t
h
e
r
d
r
y
m
a
t
t
e
r
(
2.88
%
)
Thus, this amount is within the range claimed by applicant. In addition, Cai provides ample motivation to modify the amount of amino acid or amino acid + nucleic acid because both amino acids provides an umami flavor while the nucleic acid, inosinic acid, has a chicken-like flavor that enhances the saltiness. Therefore, applicants argument is not found to be persuasive.
Conclusion
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/K.I.D./Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792
Prosecution Insights