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 .
Applicant's election without traverse of Invention I in the reply filed on 09/11/2025 is acknowledged. Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention. The requirement is still deemed proper and is therefore made FINAL.
Claims 1-12 are under consideration in this Office Action.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over
US20190360006 (11/28/2019; PTO 892) in view of US20130029406 (01/31/2013; PTO 892), US20180363017 (12/20/2018; PTO 892), US20100313882 (12/16/2010; PTO 892), US20110081689 (04/07/2011; PTO 892).
US Patent 10557154 teaches low-cost process to render lignocellulosic biomass accessible to cellulase enzymes to produce fermentable sugars where some variations provide a process to produce ethanol from lignocellulosic biomass including sugarcane bagasse or corn stover (see entire publication and claims especially paragraphs [0006]- [0056]. US Patent 10557154 teaches the following the claims:
1. A process to produce a fermentation product from lignocellulosic biomass, said process comprising:
(a) introducing a lignocellulosic biomass feedstock to a single-stage digestor, wherein said feedstock contains cellulose, hemicellulose, and lignin;
(b) exposing said feedstock to a reaction solution comprising steam or liquid hot water within said digestor, to solubilize at least a portion of said hemicellulose in a liquid phase and to provide a cellulose-rich solid phase;
(c) refining said cellulose-rich solid phase, together with said liquid phase, in a mechanical refiner to reduce average particle size of said cellulose-rich solid phase, thereby providing a mixture comprising refined cellulose-rich solids and said liquid phase;
(d) enzymatically hydrolyzing said mixture in a hydrolysis reactor with cellulase enzymes, to generate fermentable sugars from said mixture, wherein said hydrolysis reactor includes one or more hydrolysis stages; and
(e) fermenting at least some of said fermentable sugars in a fermentor to produce a fermentation product,
wherein there is no separation of said liquid phase from said cellulose-rich solid phase between step (b) and step (c).
2. The process of claim 1, wherein said lignocellulosic biomass feedstock is pretreated, prior to step (a), using one or more techniques selected from the group consisting of cleaning, washing, presteaming, drying, milling, particle size-classifying, and combinations thereof.
3. The process of claim 1, wherein at least a portion of said reaction solution is introduced to said feedstock in a pre-impregnator prior to step (b).
4. The process of claim 1, wherein said reaction solution further comprises an acid.
5. The process of claim 1, wherein said process employs a blow tank configured for receiving said cellulose-rich solid phase or said refined cellulose-rich solids at a pressure lower than digestor pressure.
6. The process of claim 5, wherein said blow tank is disposed downstream of said digestor and upstream of said mechanical refiner.
7. The process of claim 5, wherein said blow tank is disposed downstream of said digestor and downstream of said mechanical refiner.
8. The process of claim 5, wherein vapor is separated from said blow tank.
9. The process of claim 8, wherein heat is recovered from at least some of said vapor.
10. The process of claim 8, wherein at least some of said vapor is condensed or compressed and returned to said digestor.
11. The process of claim 1, wherein a first blow tank is disposed upstream of said mechanical refiner and a second blow tank is disposed downstream of said mechanical refiner.
12. The process of claim 1, wherein said mechanical refiner is selected from the group consisting of a hot-blow refiner, a hot-stock refiner, a blow-line refiner, a disk refiner, a conical refiner, a cylindrical refiner, an in-line defibrator, an extruder, a homogenizer, and combinations thereof.
13. The process of claim 1, said process comprising utilizing multiple mechanical refiners at different parts of said process.
14. The process of claim 13, said process comprising, between steps (c) and (d), conveying at least a portion of said mixture to a second mechanical refiner operated at a lower refining pressure compared to that of said mechanical refiner in step (c).
15. The process of claim 14, wherein said mechanical refiner in step (c) is a pressurized refiner and said second mechanical refiner is an atmospheric refiner.
16. The process of claim 1, wherein step (d) utilizes single-stage enzymatic hydrolysis configured for cellulose liquefaction and saccharification, wherein said single-stage enzymatic hydrolysis includes one or more tanks or vessels.
17. The process of claim 1, wherein step (d) utilizes multiple-stage enzymatic hydrolysis configured for cellulose liquefaction followed by saccharification, wherein each stage includes one or more tanks or vessels.
18. The process of claim 17, said process further comprising additional mechanical refining of said mixture, or a partially hydrolyzed form thereof, following at least a first stage of enzymatic hydrolysis.
19. The process of claim 18, said process further comprising:
introducing said mixture to a first enzymatic-hydrolysis reactor under effective hydrolysis conditions to produce a liquid hydrolysate comprising sugars from said refined cellulose-rich solids and optionally from said hemicellulose, and a residual cellulose-rich solid phase;
optionally separating at least some of said liquid hydrolysate from said residual cellulose-rich solid phase;
conveying said residual cellulose-rich solid phase through an additional mechanical refiner and/or recycling said residual cellulose-rich solid phase through said mechanical refiner, to generate refined residual cellulose-rich solids; and
introducing said refined residual cellulose-rich solids to a second enzymatic-hydrolysis reactor under effective hydrolysis conditions, to produce additional sugars.
20. The process of claim 1, wherein a self-cleaning filter is configured downstream of said hydrolysis reactor to remove cellulosic fiber strands, and wherein said cellulosic fiber strands are recycled back to said hydrolysis reactor.
The teachings of the reference differ from the claims in that the reference does not teach methods steps of producing first vapor stream.
US20130029406 teaches a method of pretreating biomass in two pretreatment stages as part of a biofuel production process (see entire publication and claims especially paragraphs [0017] - [0028]. US20130029406 teaches the following in the claims:
1. A two stage pretreatment process for the recovery of carbohydrates from lignocellulosic biomass, comprising:
a) pretreating the biomass in a first stage by heating the biomass to a first stage temperature of 140° C. to 180° C. for a first stage time of 30 minutes to 2 hours at a first stage pressure of 105 to 150 psig; and
b) pretreating the biomass in a second stage by heating the biomass to a second stage temperature of 190° C. to 210° C. for a second stage time of 2 to 10 minutes at a second stage pressure of 167 to 262 psig.
2. The process of claim 1, further comprising a step of conditioning by atmospheric steam heating and adjusting a moisture content of the biomass prior to the first stage pretreating.
3. The process of claim 1, wherein the first stage pretreating further comprises the addition of water and at least one of an acid promoting hemicellulose hydrolysis, sulfuric acid, sulfur dioxide, acetic acid and a chemical catalyst promoting hemicellulose hydrolysis.
4. The process of claim 1, wherein hemicellulose and inhibitors to downstream hydrolysis and fermentation are removed between the first stage pretreating and the second stage pretreating.
5. The process of claim 1, wherein the first stage pretreating is carried out at a temperature of 140° C. to 170° C. for a time of 50 minutes to 2 hours.
6. The process of claim 1, wherein the second stage pretreating is carried out at a temperature of 200° C. to 210° C. for 3 to 8 minutes.
7. The process of claim 4, wherein the removal of hemicellulose and inhibitors to downstream hydrolysis and fermentation is performed by squeezing the biomass in a modular screw device, a screw press or equivalent device.
8. The process of claim 4, further comprising a subsequent step of squeezing the biomass after the second stage pretreatment to further remove hemicellulose and inhibitors to downstream hydrolysis and fermentation.
9. The process of claim 1, wherein the first stage temperature is 150° C., the first stage pressure is 105 psig, and the first stage time is 55 min.
10. The process of claim 1, wherein the second stage temperature is 205° C., the second stage pressure is 235 psi, and the second stage time is 6.7 minutes.
11. The process of claim 2, wherein the conditioning step comprises: heating the biomass with steam at atmospheric pressure for 10 to 60 minutes; squeezing and draining the biomass to remove liquid containing toxins detrimental to downstream hydrolysis and fermentation; and
evenly adding water and a catalyst promoting hemicellulose hydrolysis to adjust the biomass to a water content of 65% to 80% prior to the first stage.
12. The process of claim 11, wherein the toxins comprise fatty acids, and/or resins.
13. The process of claim 11, wherein the catalyst is sulfuric acid which is added at a concentration of from 0.15% to 2% of the weight of the biomass.
14. The process of claim 11, wherein the water content is 70%-75% by weight of the biomass.
15. The process of claim 11, wherein in the conditioning step the biomass is heated to 90-100° C. for 15 to 30 minutes.
16. The process of claim 11, wherein during the conditioning step, volatile gasses are released during the step of heating the biomass with steam.
US20180363017 teaches process for producing alcohol from lignocellulosic biomass includes adding at least one of sulfur dioxide and sulfurous acid to the lignocellulosic biomass to provide an effective sulfur dioxide dosage and/or effective sulfur dioxide slurry concentration including recycling of recovered acid back to the pretreatment reactor and teaches the role of the conveyor in dewatering (see entire publication and claims especially paragraphs [0012]–[0024] and [0174] - [0176]). US20180363017 teaches the following in the claims:
1. A method for pretreating and hydrolyzing lignocellulosic biomass comprising:
a) adding acid to the lignocellulosic biomass to produce acidified lignocellulosic biomass, said acid comprising at least one of sulfur dioxide and sulfurous acid;
b) pretreating the acidified lignocellulosic biomass in at least one pretreatment reactor to provide a pretreated slurry having a pH less than 1.5, said pretreated slurry comprising cellulose, said acidified lignocellulosic biomass having a consistency between 14.5 wt % and 51 wt %, said at least one pretreatment reactor comprising a first pretreatment reactor, said pretreating conducted at a temperature greater than 170° C. and under pretreating conditions wherein a product of sulfur dioxide dosage and Vs/Vr is greater than 0.8 wt %, where Vs/Vr is a ratio of slurry volume to reactor volume and where sulfur dioxide dosage is a ratio of grams of sulfur dioxide present in the first pretreatment reactor to grams of dry lignocellulosic biomass present in the first pretreatment reactor expressed as a weight percentage; and
c) hydrolyzing the cellulose from the pretreated slurry with an enzyme to produce glucose.
2. The method according to claim 1, comprising reducing a pressure on the pretreated slurry to produce a flash stream and a cooled pretreated slurry.
3. The method according to claim 2, comprising recovering the acid from at least one of the flash stream and a stream derived from the flash stream.
4. The method according to claim 3, comprising recycling the recovered acid back into the at least one pretreatment reactor.
6. The method according to claim 1, wherein said acid is added to the lignocellulosic biomass in an amount sufficient to provide a sulfur dioxide dosage of at least 6 wt %.
7. The method according to claim 1, wherein said acid is added to the lignocellulosic biomass in an amount sufficient to provide a sulfur dioxide dosage of at least 15 wt %.
8. The method according to claim 1, wherein said acid is added to the lignocellulosic biomass in an amount sufficient to provide a sulfur dioxide dosage of at least 20 wt %.
9. The method according to claim 1, wherein step a) includes adding sulfur dioxide to the lignocellulosic biomass upstream of the first pretreatment reactor, to the first pretreatment reactor, or a combination thereof.
12. The method according to claim 1, wherein the enzyme comprises cellulase at a dosage of less than about 12 milligrams protein per gram of cellulose.
13. The method according to claim 11, wherein adding acid to the lignocellulosic biomass comprises adding an amount of sulfur dioxide sufficient to provide a pretreated slurry having a pH less than 1.25.
14. The method according to claim 3, wherein recovering the acid comprises collecting gaseous sulfur dioxide from the flash stream.
US20100313882 teaches process for the continuous steam pretreatment and fractionation of corn cobs and low lignin lignocellulosic biomass to produce a concentrated cellulose solid stream that is sensitive to enzymatic hydrolysis, and fractionation of lignocellulosic
biomass including corncobs including steam treatment and recycling of vapour and water (see entire publication and claims especially paragraphs [0026]–[0048]). US20100313882 teaches the following in the claims:
1. A continuous process for fractionation of lignocellulosic biomass having a lignin content of less than 12%, comprising the steps of:
a) exposing the lignocellulosic biomass to steam in a reaction vessel at a preselected temperature and a preselected reaction pressure, for a preselected exposure time, and at a selected pH value for removing a hemicellulose fraction of the lignocellulosic biomass and activating a cellulose fraction of the lignocellulosic biomass to obtain a prehydrolyzed lignocellulosic biomass;
b) purging liquid condensate and vapor generated during the exposure step to remove and collect a first liquid stream with water soluble compounds and a first vapor stream with volatile chemicals;
c) extracting liquid containing hemicellulose hydrolysis and degradation components from the prehydrolysed lignocellulosic biomass as a hemicellulose degradation stream;
d) rapidly releasing the reaction pressure after the extracting step to afford explosive decompression of the prehydrolyzed lignocellulosic biomass into fibrous solids, vapor and condensate; and
e) collecting the vapor and condensate from the explosive decompression for separation and recovery of byproducts.
2. The process of claim 1, wherein an acid catalyst(s) is added during the exposing step.
3. The process of claim 2, wherein the lignocellulosic biomass is selected from the group consisting of miscanthus, switchgrass, corn cob, prairie grass, sorghum straw, corn stover, and wheat straw.
4. The process of claim 2, wherein the lignocellulosic biomass is miscanthus.
5. The process of claim 2, wherein the steam pretreatement is carried out at a temperature of 170° C. to 205° C.
6. The process of claim 2, wherein the steam pretreatment is carried out for less than 90 min at a pH value of 3.0 to 4.0.
7. The process of claim 2, wherein the steam pretreatment is carried out for less than 90 minutes at a pH value of pH 3.5-3.9.
8. The process of claim 1, wherein the pH value is adjusted using pH adjustment chemical(s) or acid catalysts.
9. The process of claim 8, wherein the acid catalyst is all or in part acetic acid released from the breakdown of the hemicellulose fraction of the lignocellulosic biomass.
10. The process of claim 8, wherein pH adjustment chemical(s) or acid catalyst(s) include mineral acids or acid gases blended with the biomass in an amount of up to 4%.
US20110081689 teaches process for the thermal-mechanical pretreatment of biomass. The process includes subjecting a biomass feedstock including fibers containing cellulose, hemicellulose and lignin, to thermal reaction under conditions exceeding atmospheric pressure, at a temperature exceeding ambient temperature, at a predetermined moisture content and for a predetermined amount of time (see entire publication and claims especially paragraphs [0020]–[0023]). US20110081689 teaches the following in the claims:
1. A process for the thermal-mechanical pretreatment of biomass, comprising the steps of:
(a) subjecting a biomass feedstock including fibers containing cellulose, hemicellulose and lignin, to thermal reaction under conditions exceeding atmospheric pressure, at a temperature exceeding ambient temperature, at a predetermined moisture content and for a predetermined amount of time;
(b) reducing the pressure of said thermal reaction under conditions resulting in explosive decompression of said biomass; and
(c) subjecting said decompressed biomass to axial shear forces to mechanically reduce the size of the fibers of said biomass to obtain treated biomass, wherein said treated biomass has a high level of enzymatic digestability and a low concentration of degradation products.
2. The process of claim 1, wherein said thermal reaction includes the introduction of live steam.
3. The process of claim 1, wherein the pH of said thermal reaction is adjusted to acidic conditions.
4. The process of claim 3, wherein said acidic conditions include a pH of from 1.0 to 6.0.
5. The process of claim 4, wherein said acidic conditions include a pH of from 2.5 to 4.0.
6. The process of claim 3, wherein said acidic conditions are obtained by introducing an acid selected from the group consisting of sulfuric, nitric, phosphoric, hydrochloric, acetic or lactic acids, or mixtures thereof.
7. The process of claim 1, wherein said thermal reaction exceeds 1.0 minutes.
8. The process of claim 7, wherein the thermal reaction takes place from about 10 minutes to about 90 minutes.
9. The process of claim 1, wherein the thermal reaction takes place under pressure of from about 70 psia to about 225 psia.
10. The process of claim 1, wherein the thermal reaction takes place at a temperature of from about 150° C. to about 200° C.
11. The process of claim 1, wherein steam released from said explosive decompression is recovered in a flash tank.
12. The process of claim 1, wherein said explosive decompression reduces the pressure of said thermal reaction to about 5 to about 32 psia.
13. The process of claim 1, wherein said explosive decompression reduces the temperature of said biomass to about 70 to 125° C.
14. The process of claim 1, wherein said axial shear forces are provided by introducing said biomass to a compounder.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and/or combine the reference teachings to make the claimed invention by modifying the method of US20190360006 to include the method steps of taught by US20130029406, US20180363017, US20100313882, US20110081689 to arrive at the claimed process for preparing the biomass feedstock. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this in order to obtain simple process for preparing biomass feedstock for conversion to a desired sugar. It would have been obvious to one of ordinary skill in the art to select and use all of the products, devices, and parameters recited in the claims as routine optimization and/or as desired for the preparation of biomass feedstock for conversion to a desired sugar. One of ordinary skill in the art at the time the invention was made would have a reasonable expectation of success because processes for producing and preparing biomass feedstock are known in the art as shown by the reference teachings. Hence, the claimed invention as a whole is prima facie obvious.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of US Patent No. 12043854 (07/23/2024; PTO 892). Although the conflicting claims are not identical, they are not patentably distinct from each other for the following reasons.
The claims and/or specification of the patents teach the claimed process for preparing a biomass feedstock for conversion to a sugar, a biofuel, a biochemical, or a biomaterial, said process comprising: (a) providing a biomass feedstock containing cellulose, hemicellulose, and lignin; (b) optionally, introducing said biomass feedstock and a first vapor stream to a biomass-heating unit, thereby generating a heated biomass stream; (c) introducing said biomass feedstock, or said heated biomass stream if step (b) is conducted, and a first liquid stream to a liquid-addition unit, thereby generating a wet biomass stream, wherein said first liquid stream contains a pretreatment chemical; (d) introducing said wet biomass stream to a mechanical conveyor operated to physically remove liquid from said wet biomass stream, thereby generating an excess- liquid stream comprising said pretreatment chemical and a solid discharge stream comprising said biomass feedstock and said pretreatment chemical; (e) recycling at least a portion of said excess-liquid stream to said first liquid stream; and (f) recovering or further processing said solid discharge stream. Thus, the teachings anticipate the claimed
Claims 1-12 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of copending Application No. 18779240. Although the conflicting claims are not identical, they are not patentably distinct from each other for the following reasons.
The claims and/or specification of the copending applications teach the claimed process for preparing a biomass feedstock for conversion to a sugar, a biofuel, a biochemical, or a biomaterial, said process comprising: (a) providing a biomass feedstock containing cellulose, hemicellulose, and lignin; (b) optionally, introducing said biomass feedstock and a first vapor stream to a biomass-heating unit, thereby generating a heated biomass stream; (c) introducing said biomass feedstock, or said heated biomass stream if step (b) is conducted, and a first liquid stream to a liquid-addition unit, thereby generating a wet biomass stream, wherein said first liquid stream contains a pretreatment chemical; (d) introducing said wet biomass stream to a mechanical conveyor operated to physically remove liquid from said wet biomass stream, thereby generating an excess- liquid stream comprising said pretreatment chemical and a solid discharge stream comprising said biomass feedstock and said pretreatment chemical; (e) recycling at least a portion of said excess-liquid stream to said first liquid stream; and (f) recovering or further processing said solid discharge stream. Thus, the teachings anticipate the claimed invention.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-12 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-6, 8-20 of copending Application No. 18018304. Although the conflicting claims are not identical, they are not patentably distinct from each other for the following reasons.
The claims and/or specification of the copending applications teach the claimed process for preparing a biomass feedstock for conversion to a sugar, a biofuel, a biochemical, or a biomaterial, said process comprising: (a) providing a biomass feedstock containing cellulose, hemicellulose, and lignin; (b) optionally, introducing said biomass feedstock and a first vapor stream to a biomass-heating unit, thereby generating a heated biomass stream; (c) introducing said biomass feedstock, or said heated biomass stream if step (b) is conducted, and a first liquid stream to a liquid-addition unit, thereby generating a wet biomass stream, wherein said first liquid stream contains a pretreatment chemical; (d) introducing said wet biomass stream to a mechanical conveyor operated to physically remove liquid from said wet biomass stream, thereby generating an excess- liquid stream comprising said pretreatment chemical and a solid discharge stream comprising said biomass feedstock and said pretreatment chemical; (e) recycling at least a portion of said excess-liquid stream to said first liquid stream; and (f) recovering or further processing said solid discharge stream. Thus, the teachings anticipate the claimed invention.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
No claim is allowed.
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/CHRISTIAN L FRONDA/Primary Examiner, Art Unit 1652