DETAILED ACTION
This detailed action is in response to the application filed on April 20, 2023, and any subsequent filings.
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 .
Claim Objections
Claims 1-15 are objected to because of the following informalities:
In Claim 1, the claim should begin with “A” to render the claim grammatically correct;
In Claim 1, the positive sign should be used for H+ to align with conventional terminology;
In Claim 1, the negative sign should be sued for Cl- to align with conventional terminology;
Claims 2-14 should each begin with “The” to render the claims grammatically correct;
In Claim 9, the first instance of “MF” should be proceeded by the full name of the shorthand for microfiltration; and,
In Claim 15, the claim should begin with “A” to render the claim grammatically correct.
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.
Claims 1-15 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.
In step (i) of Claim 1, the use of “a” instead of “the” makes the language unclear if it referring to the same fermentation broth recited in the preamble. For purposes of examination, the fermentation broth in both the preamble and step (i) are considered to be the same.
In Claims 6 and 10, the recitation to step (vi) of Claim 1 renders the claim unclear because step (vi) is optional and may not be present.
The dependent claims not specifically detailed above contain the limitations of the recited claims and thus are rejected for the same reasons.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Claim 1 distinguishes over the combination of the closest prior art, Helfrich, et al., International Publication No. WO 2019/101629 A1 (“Helfrich”) and Jennewein, et al., International Publication No. WO 2019/043029 A1 (“Jennewein”). Helfrich teaches the claimed process (Figs. 1-4) using a weakly basic anion exchange material (Pg22/L33-34) in Cl- form (Pg21/L29-34,Pg23/L10-12) except the adsorption step and pH ranges. Further, unlike the claimed invention, Helfrich requires a need for neutralization step after subjecting the solution to a cation exchange material but prior to the anion exchange (Pg19/L18-21, Pg20/L1-2, Pg20/L35-Pg21/L3, Pg21/L14-20,30-34). Jennewein discloses the adsorption step (Pg27/L29-Pg28/L2) but also requires neutralization (Pg27/L10-11) prior to using a strong basic anion exchange material in Cl- form (Pg27/L11-13).
Conclusion
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/PATRICK ORME/Primary Examiner, Art Unit 1779