DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 24, 2026 has been entered.
Claims 2, 4-5, 7-8, 10-11, and 13-15 have been canceled, Claim 30 has been added. Claims 1, 3, 6, 9, 12, and 16-30 are pending, Claims 3, 12, 16-22, and 30 have been withdrawn, and Claims 1, 6, 9, and 23-29 have been considered on the merits, insofar as they read on the elected species of fructan degrading enzyme having SEQ ID NO: 18, fructan degrading enzyme having fructan (2,1)-fructosidase activity (EC 3.2.1.153), at least one surfactant, and a nuclease polypeptide having SEQ ID NO: 19. All arguments have been fully considered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 6, 9, and 23-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1, 9 and 23-29 are directed to a composition comprising a fructan degrading enzyme having at least 95% sequence identity to SEQ ID NO: 18, at least one nuclease polypeptide having DNase or RNase activity, and at least one detergent component being a surfactant. As disclosed in the instant specification, the claimed fructan degrading enzyme, the at least one nuclease polypeptide, and the surfactant (for example, non-ionic plant-derived compounds and microbial biosurfactants will not change the structure or characteristics of enzymes), are naturally occurring. There is no indication in the instant specification that the claimed fructan degrading enzyme, the at least one nuclease polypeptide, and the surfactant have any characteristics that are different from the naturally occurring fructan degrading enzyme, the at least one nuclease polypeptide, and the surfactant, respectively. Thus, the claimed fructan degrading enzyme, the at least one nuclease polypeptide, and the surfactant do not have markedly different characteristics from their natural counterparts in their natural state, and are “product of nature” exceptions. Accordingly, claims 1, 9 and 23-29 are directed to an exception. Claim 6 recites “wherein” clause, which would not materially change the fructan degrading enzyme from its natural state. Therefore, the claims as a whole adds nothing significantly more to the “product of nature” itself. Thus, the claims do not amount to significantly more than the judicial exception itself. Claims 1, 6, 9, and 23-29 do not qualify as eligible subject matter, and should be rejected under 35 U.S.C. § 101.
Response to Arguments
Applicant argues that the presently claimed composition is neither taught nor suggested by Berka, that the GH32 fructan degrading enzyme in the presently claimed composition is not obvious over the disclosures of Berka, and that the teachings of Gjermansen do not relieve this deficiency. However, these arguments are moot in light of the new rejections above in view of applicant’s amendments.
Conclusion
No claims are allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNN Y FAN whose telephone number is (571)270-3541. The examiner can normally be reached on M-F 7am-4pm.
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/Lynn Y Fan/
Primary Examiner, Art Unit 1759
