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 25 September 2025 has been entered. Claims 1-2, 9-10, 12, 14, and 17 are amended; claims 4, 6-8, 11, 15-16, and 18-19 are cancelled. Accordingly, claims 1-3, 5, 9-10, 12-14, 17, and 20 remain pending in the application. Applicant’s amendments to the claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed 25 June 2025.
Claim Objections
Claims 1, 9-10, 12, 14, and 17 are objected to because of the following informalities:
Claim 1, lines 6-7, 14-15, and 21; Claim 10, lines 3-4; Claim 12, line 3; Claim 14, line 3; Claim 17, lines 20-21, "biomass" should read "lignocellulosic biomass" for consistency.
Claim 9, lines 5-6, "produce an liquid extract" should read "produce a liquid extract".
Claim 14, lines 2-5, "the reaction area is formed in the apparatus configured to product biomass configured as a batch reactor, a continuous-flow reactor or as a combination thereof" should read "the reaction area is formed in the apparatus configured to process biomass, and the apparatus is configured as a batch reactor, a continuous-flow reactor, or as a combination thereof".
Appropriate correction is required.
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 recites the limitation "the products of degradation thereof" in line29-30. There is insufficient antecedent basis for this limitation in the claim. It is further unclear what is being degraded to produces 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 1 recites the limitation "the respective separated target compound" in line 34. There is insufficient antecedent basis for this limitation in the claim. This limitation is interpreted as the intact hemicellulose compounds or the products of degradation thereof.
Claim 9 recites the limitation "the/said target compound" in lines 2, 3, and 6. There is insufficient antecedent basis for this limitation in the claim. This limitation is interpreted as the intact hemicellulose compounds.
Claim 10 recites the limitation "the" in lines 2. There is insufficient antecedent basis for this limitation in the claim. This limitation is interpreted as the intact hemicellulose compounds.
Claim 17 recites the limitation "the products of degradation thereof" in line30-31 and “the products of degradation” in line 37. There is insufficient antecedent basis for this limitation in the claim. It is further unclear what is being degraded to produces the products of degradation. This limitation is interpreted as requiring degradation of at least some of the hemicellulose, and forming a liquid extract rich in products of the degradation of the hemicellulose, as well as forming a fraction of products of the degradation of the hemicellulose.
Claim 17 recites the limitation "the respective separated target compound" in line 42. There is insufficient antecedent basis for this limitation in the claim. This limitation is interpreted as the intact hemicellulose compounds or the products of degradation thereof.
Claims 2-3, 5, 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)/(a)(2) 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.
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.
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.
Claims 1, 5, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bonn (AT 391717) in view of Ilvesniemi (US 2011/0263004) and Yoon (US 2012/0168102) and Nguyen (US 2011/0262984) and Dottori (US 2010/0313882).
Regarding Claim 1, Bonn discloses a method for separation and recovery of hemicellulose (hemicellulose meets the limitation of intact hemicellulose compounds) from plant biomass, in particular bark, (plant biomass and bark meet the limitation of lignocellulosic biomass per pg. 9 of the Specification of the present application), the method comprising: providing the plant biomass in a pressure vessel (pressure vessel meets the broad limitation of an apparatus configured to process biomass; 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.
Regarding the temperature in claim 1, it appears that between 140 and 220°C taught by Bonn overlaps the claimed range of between 160°C and 220°C such that the range taught by Bonn obviates the claimed range. See MPEP 2144.05 (I).
Regarding the pressure in claim 1, atmospheric pressure is approximately 0.1 MPa; therefore, it appears that above-atmospheric pressure taught by Bonn overlaps the claimed range of between 0.6-2.5 MPa such that the range taught by Bonn obviates the claimed range. See MPEP 2144.05 (I).
Bonn is silent to the hemicellulose fraction containing 80-95% of a total amount of the intact hemicellulose compounds.
Ilvesniemi 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].
Regarding the percentage of hemicellulose compounds extracted in claim 1, it appears that 30-95% taught by Ilvesniemi overlaps the claimed range of 80-95% such that the range taught by Ilvesniemi obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Ilvesniemi to obtain a hemicellulose fraction containing 80-95% of a total amount of the intact hemicellulose compounds, because by selection of temperature (and corresponding pressure) it is possible directly to influence how great portion of all hemicelluloses are extracted, as recognized by Ilvesniemi [0019].
Bonn is further silent to the extraction fluid being in a gaseous phase.
Yoon discloses a method of extracting hemicellulose from lignocellulosic materials using water or steam (Abstract, claim 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Yoon to utilize steam instead of water, because Bonn teaches the claimed invention except that water is used instead of steam, and Yoon teaches that extracting hemicellulose with water and steam are equivalent methods known in the art. Therefore, because the two methods were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the water for the steam.
Bonn is further silent to the intact hemicellulose compounds and the products of degradation thereof forming different fractions, and are eluted with different retention times.
Bonn, however, 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.
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 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].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Nguyen to elute the intact hemicellulose compounds and the products of degradation thereof with different retention times, because Bonn teaches eluting different fractions at different times [0023]-[0024], and Nguyen teaches an increase in residence time produces the products of degradation of hemicellulose [0210], such as acetic acid [0241], and acetic acid (a fraction of products of degradation) can be collected for value added purposes such as sale as an industrial chemical, as recognized by Dottori [0030].
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 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].
Regarding the retention time in claim 1, it appears that 1-10 minutes taught by Nguyen overlaps the claimed range of 5-15 minutes such that the range taught by Nguyen obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Nguyen wherein a flow of the extraction fluid through the reaction area is adjusted such that the retention time the intact hemicellulose compounds spend in the reaction area is within a range of 5 minutes to 15 minutes in order to provide an increase in solubilizing hemicellulose without resulting in product degradation, as recognized by Nguyen [0210].
An alternative rejection of claim 1 is provided in case Bonn does not meet the limitation of adjusting a pressure in the reaction area to a range between 0.6-2.5 MPa.
Alternatively, regarding Claim 1, Bonn discloses a method for separation and recovery of hemicellulose (hemicellulose meets the limitation of intact hemicellulose compounds) from plant biomass, in particular bark, (plant biomass and bark meet the limitation of lignocellulosic biomass per pg. 9 of the Specification of the present application), the method comprising: providing the plant biomass in a pressure vessel (pressure vessel meets the broad limitation of an apparatus configured to process biomass; 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.
Regarding the temperature in claim 1, it appears that between 140 and 220°C taught by Bonn overlaps the claimed range of between 160°C and 220°C such that the range taught by Bonn obviates the claimed range. See MPEP 2144.05 (I).
Bonn is silent to adjusting the pressure in the reaction area to a range between 0.6-2.5 MPa.
Bonn, however, discloses adjusting a pressure in the reaction area to above-atmospheric pressure (claim 1).
Ilvesniemi 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 recover 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 total extraction of hemicellulose at a temperature of 190-240°C and a pressure of 0.6-2 MPa (0.6-2 MPa meets the limitation of 0.6-2.5 MPa; [0036]).
Regarding the temperature in claim 1, it appears that 190-240°C taught by Ilvesniemi overlaps the claimed range of between 160°C and 220°C such that the range taught by Ilvesniemi obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Ilvesniemi to adjust a temperature in the reaction area to a range between 160°C to 220°C, and adjust a pressure in the reaction area to a range between 0.6-2.5 MPa in order to achieve total extraction of hemicellulose from biomass, as recognized by Ilvesniemi [0036].
Bonn is further silent to the hemicellulose fraction containing 80-95% of a total amount of the intact hemicellulose compounds.
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].
Regarding the percentage of hemicellulose compounds extracted in claim 1, it appears that 30-95% taught by Ilvesniemi overlaps the claimed range of 80-95% such that the range taught by Ilvesniemi obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Ilvesniemi to obtain a hemicellulose fraction containing 80-95% of a total amount of the intact hemicellulose compounds, because by selection of temperature (and corresponding pressure) it is possible directly to influence how great portion of all hemicelluloses are extracted, as recognized by Ilvesniemi [0019].
Bonn is further silent to the extraction fluid being in a gaseous phase.
Yoon discloses a method of extracting hemicellulose form lignocellulosic materials using water or steam (Abstract, claim 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Yoon to utilize steam instead of water, because Bonn teaches the claimed invention except that water is used instead of steam, and Yoon teaches that extracting hemicellulose with water and steam are equivalent methods known in the art. Therefore, because the two methods were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the water for the steam.
Bonn is further silent to the intact hemicellulose compounds and the products of degradation thereof forming different fractions, and are eluted with different retention times.
Bonn, however, 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.
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 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].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Nguyen to elute the intact hemicellulose compounds and the products of degradation thereof with different retention times, because Bonn teaches eluting different fractions at different times [0023]-[0024], and Nguyen teaches an increase in residence time produces the products of degradation of hemicellulose [0210], such as acetic acid [0241], and acetic acid (a fraction of products of degradation) can be collected for value added purposes such as sale as an industrial chemical, as recognized by Dottori [0030].
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 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].
Regarding the retention time in claim 1, it appears that 1-10 minutes taught by Nguyen overlaps the claimed range of 5-15 minutes such that the range taught by Nguyen obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Nguyen wherein a flow of the extraction fluid through the reaction area is adjusted such that the retention time the intact hemicellulose compounds spend in the reaction area is within a range of 5 minutes to 15 minutes in order to provide an increase in solubilizing hemicellulose without resulting in product degradation, as recognized by Nguyen [0210].
Regarding Claim 5, Bonn discloses the water flows through the biomass material in the pressure vessel in cross-current, co-current, and counter-current flow and leaves the reaction vessel [0023] such that the extraction fluid is directed into the reaction area continuously.
Regarding Claim 14, Bonn discloses the plant biomass is conveyed continuously or at least in bursts through the pressure vessel (claim 3) and Bonn discloses the water flows through the biomass material in the pressure vessel in cross-current, co-current, and counter-current flow and leaves the reaction vessel [0023] such that the extraction fluid is directed into the reaction area continuously. Therefore, the pressure vessel of Bonn appears the meet the limitation of a batch reactor, a continuous-flow reactor or a combination thereof.
Claims 2-3, 9-10, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bonn (AT 391717) in view of Ilvesniemi (US 2011/0263004) and Yoon (US 2012/0168102) and Nguyen (US 2011/0262984) and Dottori (US 2010/0313882) and Shika (JP 2007054688).
Regarding Claim 2, Bonn, Ilvesniemi, Yoon, Nguyen, and Dottori teach the elements as described above with regards to claim 1.
Bonn is silent heating said extraction fluid in a first heat-transfer system unit prior to directing the extraction fluid into the reaction area, whereupon the extraction fluid is vaporized to form a gaseous phase.
Yoon, however, discloses a method of extracting hemicellulose form lignocellulosic materials using water or steam (Abstract, claim 11).
Shika discloses a system (100) for separation and recovery of compounds from biomass ([0001], Fig. 2), wherein steam flows through a reactor and separates an organic substance from the biomass [0012]. Shika further discloses a steam generator (1) in which water is heated to form steam prior to entering the reactor ([0021], Fig. 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 Bonn to incorporate the teachings of Shika to heat said extraction fluid in a first heat-transfer unit, prior to directing the extraction fluid into the reaction area, whereupon the extraction fluid is vaporized to form a gaseous phase, because heating water to form steam is a process parameter well-known in the extraction of target compounds from biomass, as recognized by Shika [0021].
Regarding Claim 3, Bonn discloses water in the liquid phase as the extraction fluid (water in the liquid phase meets the limitation of an aqueous solution; [0023]).
Bonn is silent to the extraction fluid being an aqueous solution prior to forming a gaseous phase.
Yoon, however, discloses a method of extracting hemicellulose form lignocellulosic materials using water or steam (Abstract, claim 11).
Shika discloses a system (100) for separation and recovery of compounds from biomass ([0001], Fig. 2), wherein steam flows through a reactor and separates an organic substance from the biomass [0012]. Shika further discloses a steam generator (1) in which water is heated to form steam prior to entering the reactor [(0021], Fig. 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 Bonn to incorporate the teachings of Shika wherein, prior to formation of the gaseous phase, the extraction fluid is an aqueous solution, because heating water to form steam is a process parameter well-known in the extraction of target compounds from biomass, as recognized by Shika [0021].
Regarding Claim 9, Bonn discloses the enriched water flow leaving the reaction vessel is subsequently cooled via a cooler (cooler meets the limitation of a second heat-transfer system disposed downstream the reaction area; [0023]), such that a liquid extract enriched in the intact hemicellulose compounds is produced, as the water flow/product collection methods are the same for the tannins and the hemicellulose ([0024], claims 4-5).
Regarding Claim 10, Bonn is silent to the amount of eluent used.
Shika discloses a method of extracting organic substances from biomass [0001] comprising a reactor for processing biomass containing biomass and forming a reaction area, wherein the steam flows through the reactor and separates an organic substance from the biomass ([0012], [0022]), and the steam carries thus separated organic substance out of the reactor [0022].
Shika further discloses using 100 g biomass and 0.48-11mL/min water for 2 hours, which appears to meet or, in the alternative, overlap the claimed range of 0.1-10 volumes of the biomass feedstock provided in said reaction area such that the range taught by Shika obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of Shika wherein an amount of the extraction fluid for recovery of the target compound constitutes about 0.1-10 volumes of the biomass feedstock provided in said reaction area, the volume of the extraction fluid calculated per liquid state thereof, in order to provide a sufficient amount of steam for the extraction of target compounds as discovery of optimum ranges of a result effective variable in a known process is ordinarily within the skill of art and selection of the optimum ranges within the general condition is obvious (MPEP 2144.05 (II)).
Regarding Claim 20, Bonn discloses water in the liquid phase as the extraction fluid (water in the liquid phase meets the limitation of an aqueous solution; [0023]).
Bonn is silent to the extraction fluid being an aqueous solution prior to forming a gaseous phase.
Yoon, however, discloses a method of extracting hemicellulose form lignocellulosic materials using water or steam (Abstract, claim 11).
Shika discloses a system (100) for separation and recovery of compounds from biomass ([0001], Fig. 2), wherein steam flows through a reactor and separates an organic substance from the biomass [0012]. Shika further discloses a steam generator (1) in which water is heated to form steam prior to entering the reactor [(0021], Fig. 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 Bonn to incorporate the teachings of Shika wherein, prior to formation of the gaseous phase, the extraction fluid is an aqueous solution, because heating water to form steam is a process parameter well-known in the extraction of target compounds from biomass, as recognized by Shika [0021].
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bonn (AT 391717) in view of Ilvesniemi (US 2011/0263004) and Yoon (US 2012/0168102) and Nguyen (US 2011/0262984) and Dottori (US 2010/0313882) and North (US 2011/0100359).
Regarding Claim 12, Bonn, Ilvesniemi, Yoon, Nguyen, and Dottori teach the elements as described above with regards to claim 1.
Bonn is silent to treating biomass feedstock with a pretreatment fluid to recover at least the volatile compounds prior to extraction with the extraction fluid.
North discloses prior to extraction of hemicellulose, biomass is pretreated in a devolatilization reactor to separate and collect volatile components of biomass [0011] with steam [0070], wherein pretreatment is conducted at a temperature between 120-220 degrees Celsius [0072] and a pressure of 6-16 bara [0072], which is equivalent to 0.6-1.6 MPa. North further discloses full fractionation of biomass into all of its constituent parts (such as volatiles/extractables; hemicellulosic sugars; cellulosic sugars; lignin phenols; proteins; inorganic salts; etc.), while maintaining as much possible the structural complexity of the individual monomeric chemical constituents permits a very wide range of chemical and liquid transportation fuel products to be produced in a flexible and economic manner [0043].
Regarding the temperature in claim 12, it appears that 120-220 degrees Celsius taught by North overlaps the claimed range of 70-120 degrees Celsius such that the range taught by North obviates the claimed range. See MPEP 2144.05 (I).
Regarding the pressure in claim 12, it appears that 0.6-1.6 MPa taught by North is close to the claimed range of 0.05 mPa to 0.5 MPa such that the range taught by North obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of North wherein, prior to extraction with the extraction fluid, the biomass feedstock is pretreated with a pretreatment fluid to recover at least the volatile compounds, wherein pretreatment is conducted at a temperature within a range of 70-120 degrees Celsius and pressure within a range of about 0.05 mPa to about 0.5 MPa in order to have full fractionation of biomass into all of its constituent parts (such as volatiles/extractables; hemicellulosic sugars; cellulosic sugars; lignin phenols; proteins; inorganic salts; etc.), while maintaining as much possible the structural complexity of the individual monomeric chemical constituents, which permits a very wide range of chemical and liquid transportation fuel products to be produced in a flexible and economic manner [0043].
Regarding Claim 13, Bonn is silent to treating biomass feedstock with a pretreatment fluid to recover at least the volatile compounds prior to extraction with the extraction fluid.
North further discloses biomass is pretreated in a devolatilization reactor to separate and collect volatile components of biomass [0011] with steam [0070]. Steam meets the limitation of a pretreatment fluid and the limitation of a gaseous substance.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonn to incorporate the teachings of North wherein the pretreatment fluid is a gaseous substance, because the use of steam to extract volatiles from biomass is a process parameter well-known in the art of extracting compounds from biomass, as recognized by North.
Response to Arguments
Applicant’s arguments regarding Dottori (US 2012/0329116) and Nobuyuki (JP 2002059118), see "Remarks", pg. 10-13, filed 25 September 2025, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bonn (AT 391717) and Ilvesniemi (US 2011/0263004) and Yoon (US 2012/0168102) and Nguyen (US 2011/0262984) and Dottori (US 2010/0313882).
The deficiencies in Dottori ‘116 and Nobuyuki have been overcome by the new grounds of rejection. Dottori ‘882 is relied upon for providing motivation for collecting products of degradation, such as acetic acid, which may be recovered for sale as an industrial chemical [0030].
Applicant's arguments regarding Yoon, filed 25 September 2025, have been fully considered but they are not persuasive.
Applicant argues Yoon does not disclose or suggest that intact hemicellulose compounds are extracted fraction-wise/eluted at different times (“Remarks”, pg. 12, par. 3).
However, Yoon is not relied upon for teaching fraction-wise extraction/eluting at different retention times. Bonn is relied upon for teaching intact hemicellulose compounds are extracted fraction-wise, and different fractions are eluted with different retention times (see rejection of claim 1).
Applicant argues the extracted hemicellulose of Yoon is immediately subjected to further chemical treatment with oxidizing/reducing agents so long-chain hemicellulose cannot remain intact (“Remarks”, pg. 12, par. 4).
However, Yoon is not relied upon for teaching extraction of intact hemicellulose compounds. Bonn is relied upon for teaching extraction of intact hemicellulose compounds (see rejection of claim 1).
Conclusion
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/S.E.S./Examiner, Art Unit 1735
/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735