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 .
Response to Amendment
The Amendment filed 18 June 2026 has been entered. Claims 1, 9-10, 12, 14, and 17 are amended. Accordingly, claims 1-3, 5, 9-10, 12-14, 17, and 20 remain pending in the application.
Information Disclosure Statement
The Information Disclosure Statement filed 1 April 2026 has been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5, 9-10, 12-14, 17, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 27, recites "products of degradation thereof". It is unclear what is being degraded to produce the products of degradation. This limitation is interpreted as requiring degradation of at least some of the hemicellulose, and forming a fraction of products of the degradation of the hemicellulose.
Claim 17, line 27, recites "products of degradation thereof". It is unclear what is being degraded to produce the products of degradation. This limitation is interpreted as requiring degradation of at least some of the hemicellulose, and forming a fraction of products of the degradation of the hemicellulose.
Claims 2-3, 5, 9-10, 12-14, and 20 are indefinite as they depend from an indefinite base and fail to cure the deficiencies of the base claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 17 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shika (JP 2007054688).
Regarding Claim 17, Shika discloses a system (100) for separation and recovery of organic substances from biomass ([0001], Fig. 2), wherein hemicellulose is an organic substance of the biomass [0002]. Additionally, the system of Shika can be utilized for extracting various useful organic substances from biomass [0030]. Regarding the separation and recovery of intact hemicellulose compounds, it appears the structure of Shika would be able to carry out separation and recovery of intact hemicellulose compounds, as separation and recovery of intact hemicellulose compounds appears to be based on feedstock and reaction conditions, and the feedstock and reaction conditions of Shika meet the claim limitations (see below), such that the system of Shika meets the limitation of a system for separation and recovery of intact hemicellulose compounds. Shika further discloses biomass includes trees, forestry waste, etc. [0002], which meets the limitation of a lignocellulosic biomass per pg. 9 of the Specification of the present application.
The system of Shika comprises: an apparatus configured to process biomass with a reactor (20) containing said biomass and forming a reaction area, a conduit (30) for sending steam into the reactor (a conduit for sending steam into the reactor meets the limitation of an extraction fluid director configured to direct an extraction fluid in a gaseous phase into the reaction chamber; [0016], Fig. 2), wherein the steam flows through the reactor and separates an organic substance from the biomass (steam flowing through the reactor and separating an organic substance from the biomass appears to meet the limitation whereby said extraction fluid propagates through the reaction area and hemicellulose compounds separate from the solid feedstock matter of the lignocellulosic biomass feedstock, and with an advancement through the biomass material; [0012], [0022]), and the steam (steam meets the limitation of an aqueous extraction fluid) carries thus separated organic substance (organic substance meets the limitation of hemicellulose compounds) out of the reactor (out of the reactor meets the limitation of towards the end of the reaction area; [0022]), a steam generator (1) (steam generator meets the limitation of a first heat-transfer system) in which water is heated to form steam prior to entering the reactor (water heated to form steam meets the limitation of heating the extraction fluid to form a gaseous phase; [0021], Fig. 2), a condenser (50) (condenser meets the limitation of a second heat-transfer system) in which the steam exiting the reactor is condensed to produce a liquid containing the organic substance (condensing steam to produce a liquid containing the organic substance meets the limitation of condensing the extraction fluid exiting the reaction area to produce a liquid extract rich in the intact hemicellulose compounds; [0020], Fig. 2). Regarding the production of a liquid extract rich in the intact hemicellulose compounds and the products of degradation thereof, it appears the condenser of Shika would be able to carry out condensing the extraction fluid exiting the reaction area to produce a liquid extract rich in the intact hemicellulose compounds and the products of degradation thereof, as the compounds in the liquid extract appear to be based on the feedstock and reaction conditions, and the feedstock and reaction conditions of Shika meet the claim limitations, such that the condenser of Shika meets the limitation of a second heat-transfer system, in which the extraction fluid exiting the reaction area is condensed to produce a liquid extract rich in the intact hemicellulose compounds and the products of degradation thereof.
Shika further discloses a band heater for heating the inside of the reactor to a predetermined temperature, and a temperature sensor provided inside the reactor (band heater meets the limitation of a temperature adjusting system configured to adjust a temperature in the reaction area; [0020]). Shika further discloses the pressure inside the reactor is adjusted to a predetermined value by a valve at the outlet of the device (the valve at the outlet of the device meets the limitation of a pressure adjusting system configured to adjust a pressure in the reaction area; [0022]). Shika further discloses a reaction temperature of 170°C (170°C meets the limitation of between 160°C to 220°C) and a reaction pressure of 0.85 MPa (0.85 MPa meets the limitation of between 0.6-2.5 MPa; [0027]), such that the temperature and pressure adjusting systems are configured to adjust a temperature and a pressure in the reaction area to 170°C and 0.85 MPa, respectively.
Regarding the limitation to obtain a fraction containing 80-95% of a total amount of the intact hemicellulose compounds, it appears the structure of Shika would be able to carry out obtaining a fraction containing 80-95% of a total amount of the intact hemicellulose compounds as recovery rate appears to be based on reaction conditions, such that the band heater and the valve of Shika meet the limitation a temperature adjusting system and a pressure adjusting system configured to adjust temperature and pressure, respectively, to obtain a fraction containing 80-95% of a total amount of the intact hemicellulose compounds.
Shika further discloses regulating temperature, pressures, flow rate, and extraction time [0027], such that at least one controller to regulate reaction conditions in the reaction chamber is necessarily present.
Regarding the fraction-wise extraction of the intact hemicellulose compounds, such that the intact hemicellulose compounds and the products of degradation forming different fractions are eluted with different retention times, it appears the structure of Shika would be able to carry out fraction-wise extraction as fraction-wise extraction appears to be based on residence time, such that the structure of Shika meets the limitation wherein said system is configured for fraction-wise extraction of the intact hemicellulose compounds such that the intact hemicellulose compounds and products of degradation forming different fractions are eluted with different retention times.
Shika further discloses regulating flow rate, and extraction time [0027], such that the structure of Shika is capable of adjusting a flow of the extraction fluid through the reaction area such that the retention time the intact hemicellulose compounds spend in the reaction area is within a range of 5 minutes to 15 minutes.
Allowable Subject Matter
Claims 1-3, 5, 9-10, 12-14, and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 would be allowable for disclosing a method for separation and recovery of intact hemicellulose compounds from lignocellulosic biomass, the method comprising:
providing a lignocellulosic biomass feedstock in an apparatus configured to process the lignocellulosic biomass, thus forming a reaction area containing said lignocellulosic biomass feedstock;
adjusting a temperature in the reaction area to a range between 160°C to 220°C, and adjusting a pressure in the reaction area to a range between 0.6-2.5 MPa, to obtain a fraction containing 80-95% of a total amount of the intact hemicellulose compounds;
propagating an extraction fluid in gaseous phase through the reaction area containing said lignocellulosic biomass feedstock, in predetermined reaction conditions, whereby hemicellulose compounds separate from solid feedstock matter of the lignocellulosic biomass feedstock; and
recovering thus separated intact hemicellulose compounds exiting the reaction area,
wherein, with an advancement through the lignocellulosic biomass material along the length of said reaction area, the extraction fluid carries the separated hemicellulose compounds towards the end of the reaction area such that an extract collected upon recovery is liquid,
wherein the intact hemicellulose compounds are extracted fraction-wise such that the intact hemicellulose compounds and products of degradation thereof forming different fractions are eluted with different retention times, and
wherein a flow of the extraction fluid through the reaction area is adjusted such that a respective one of the retention times the respective separated hemicellulose compounds spend in the reaction area is within a range of 5 minutes to 15 minutes.
Bonn (AT 391717) discloses a method for separation and recovery of hemicellulose from plant biomass, in particular bark, (plant biomass and bark meet the limitation of lignocellulosic biomass), the method comprising: providing the plant biomass in a pressure vessel (claim 1), such that a reaction area containing said biomass feedstock is formed. Bonn further discloses adjusting a temperature in the reaction area to between 140 and 220°C, and adjusting a pressure in the reaction area to above-atmospheric pressure to obtain hemicellulose (claim 1). Bonn further discloses flowing (flowing meets the limitation of propagating) an eluent (i.e. water) (eluent/water meets the limitation of an extraction fluid) through the biomass in the pressure vessel, and by increasing the temperature to 220°C (increasing the temperature to 220°C meets the limitation of predetermined reaction conditions) to dissolve the hemicellulose compounds (claim 1; [0023]-[0024]), such that the hemicellulose compounds separate from the biomass feedstock. Bonn discloses recovering hemicellulose (claim 1) and flowing water in the liquid phase through the biomass in the pressure vessel and leaves the reaction vessel [0023], such that Bonn meets the limitation of recovering thus separated intact hemicellulose compounds exiting the reaction area. Bonn discloses water flows through the biomass (flowing water through the biomass material meets the limitation of an advancement of the extraction fluid through the biomass material along the length of said reaction area) and leaves the reaction vessel enriched in tannins at 60 to 140°C and after increasing the temperature to 220°C, the water leaves the reaction vessel enriched in hemicellulose (water leaving the reaction vessel enriched in hemicellulose meets the limitation of carrying the separated hemicellulose compounds towards the end of the reaction area such that an extract collected upon recovery is a liquid; [0023]-[0024]). Bonn discloses water flows through the biomass and leaves the reaction vessel enriched in tannins at 60 to 140°C and after increasing the temperature to 220°C, the water leaves the reaction vessel enriched in hemicellulose [0023]-[0024], such that the intact hemicellulose compounds are extracted fraction-wise, and different fractions are eluted with different retention times.
Bonn is silent to the extraction fluid being in a gaseous phase.
Yoon (US 2012/0168102) discloses a method of extracting hemicellulose from lignocellulosic materials using water or steam (Abstract, claim 11).
Bonn is further silent to the hemicellulose fraction containing 80-95% of a total amount of the intact hemicellulose compounds.
Ilvesniemi (US 2011/0263004) discloses a method by which biomass can be treated such that a desired part of its hemicellulose and other extractives can be extracted without endangering the further use of the fibrous matrix and to provide a method which can be applied to recovery of hemicelluloses from wood, annual and perennial plants (such as grass-stemmed plants and moss) and peat [0013]. Ilvesniemi further discloses the method using extraction with hot water to separate hemicelluloses without disintegrating them [0019]. Ilvesniemi further discloses 30 to 95% by weight of the hemicelluloses of the fibrous structure are removed [0044]. Ilvesniemi further discloses by selection of temperature (and corresponding pressure) it is possible directly to influence which hemicellulosic compounds are dissolved in the extractive solution and how great portion of all hemicelluloses are extracted [0019].
Although Ilvesniemi teaches an overlapping percentage of hemicelluloses, Ilvesniemi is drawn to liquid-phase extraction, whereas the claim is drawn to gas-phase extraction.
Bonn is further silent to adjusting a flow of the extraction fluid through the reaction area such that a respective one of the retention times the respective separated target compound spends in the reaction area is within a range of 5 minutes to 15 minutes.
Nguyen (US 2011/0262984) discloses the residence time within the reactor is typically selected to provide an increase in cellulose bioavailability and/or solubilizing hemicellulose without resulting in product degradation [0210]. Nguyen further discloses a residence time of contacting the feedstock with water for 1-10 minutes [0211].
Although Nguyen teaches an overlapping time in the reaction area, Nguyen is drawn to liquid-phase extraction, whereas the claim is drawn to gas-phase extraction.
Bonn is further silent to forming products of degradation, wherein the intact hemicellulose compounds and the products of degradation thereof form different fractions and are eluted with different retention times.
Nguyen discloses as the residence time of the feedstock in the vessel for steam treatment increases, degradation of cellulose and/or hemicellulose to undesired products may be observed [0210]. Nguyen further discloses degradation of hemicellulose forms acetic acid [0241].
Dottori (US 2010/0313882) discloses acetic acid is released during the breakdown (aka degradation) of hemicellulose [0023]. Dottori further discloses acetic acid in the hemicellulose degradation stream is collected for value added purposes (claim 41); for example, acetic acid may be recovered for sale as an industrial chemical [0030].
However, Bonn does not teach forming products of degradation, such that a person having ordination skill in the art would not have been motivated to extract intact hemicellulose compounds and products of degradation thereof, specifically, acetic acid as taught by Nguyen and Dottori, fraction-wise with different retention times.
There is no articulated reason why one skilled in the art would start from Bonn's liquid-phase extraction, replace its extraction mechanism with steam based on Yoon, select Ilvesniemi's yield range, use Nguyen's residence time for a different purpose, and further rely on Dottori's degradation-product recovery, to arrive at the present invention's selective recovery of intact hemicellulose.
Therefore, the elements of claim 1 would be considered allowable.
Claims 2-3, 5, 9-10, 12-14, and 20 would be considered allowable because they are dependent on claim 1.
Response to Arguments
Applicant’s arguments, see "Remarks", pg. 12-14, filed 18 June 2026, with respect to claims 1-3, 5, 9-10, 12-14, and 20 have been fully considered and are persuasive. The rejection of 18 March 2026 has been withdrawn.
Applicant's arguments filed 18 June 2026 have been fully considered but they are not persuasive.
Applicant argues there is no indication in Shika that the structure provides fraction-wise extraction of the intact hemicellulose compounds. It is not clear that the system of Shika would necessarily be able to provide the fraction-wise extraction of the intact hemicellulose compounds. Shika does not directly and unambiguously disclose fraction-wise elution of intact hemicellulose compounds and hemicellulose degradation products at different retention times (“Remarks”, pg. 10, par. 2-5).
However, it appears Shika would be able to carry out fraction-wise extraction of the intact hemicellulose compounds as fraction-wise extraction is based on a difference in retention time, as Shika teaches regulating extraction time [0027]. It is unclear what the structure difference is between the system of claim 17 and the system of Shika that would enable fraction-wise extraction.
Applicant argues Shika does not disclose or suggest obtaining a fraction containing 80-95% of a total amount of the intact hemicellulose compounds or adjustment of the extraction-fluid flow SO that the relevant fraction has a retention time of 5-15 minutes in the reaction area (“Remarks”, pg. 10, par. 6-pg. 11, par. 1).
However, it is unclear what the structure difference is between the system of claim 17 and the system of Shika that would enable obtaining a fraction containing 80-95% of a total amount of the intact hemicellulose compounds or adjustment of the extraction-fluid flow so that the relevant fraction has a retention time of 5-15 minutes in the reaction area. Inclusion of the material or article worked upon (i.e. the hemicellulose) by a structure being claimed does not impart patentability to the claims (See MPEP 2115).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.E.S./Examiner, Art Unit 1735
/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735
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