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 .
This office action was written as a response to the Applicants Remarks filed 2/19/26. Claims 1-20 are pending. Claims 1-14, 19 and 20 have been examined on the merits. Claims 15-18 were withdrawn.
Withdrawn Rejections
The 103(a) rejections of claims 1, 2, 7-9, 11-14, 19, and 20 over Shemesh et al. (CA 3025661) in view of Wei et al. “Production of Fibrinolytic Enzyme from Bacillus Amyloliqufaciens by Fermentation of Chickpeas with the Evaluations of the Anticoagulant and Antioxidant Properties of Chickpeas” Journal of Food Chemistry 2011 have been withdrawn due to the amendments to the claims.
The 103(a) rejections of claims 3-6 over Shemesh et al. (CA 3025661) in view of Wei et al. “Production of Fibrinolytic Enzyme from Bacillus Amyloliqufaciens by Fermentation of Chickpeas with the Evaluations of the Anticoagulant and Antioxidant Properties of Chickpeas” Journal of Food Chemistry 2011 as applied to claims 1 and 2 above and in further view of Hatzikamari et al. “Changes in number and kinds of bacteria during…” International Journal of Food Microbiology 2007 (submitted by Applicants) have been withdrawn due to the amendments to claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 7-9, 11-14, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shemesh et al. (CA 3025661) in view of Bhowmik et al. (WO 2020/157209) and Wei et al. “Production of Fibrinolytic Enzyme from Bacillus Amyloliqufaciens by Fermentation of Chickpeas with the Evaluations of the Anticoagulant and Antioxidant Properties of Chickpeas” Journal of Food Chemistry 2011.
Regarding Claims 1, 7, 8, 9, 11, 12, 13, and 14: Shemesh discloses a method of making a bacterial composition by co-culturing a beneficial bacteria and a biofilm producing bacteria wherein the biofilm producing bacteria forms a biofilm [abstract]. Shemesh discloses that biofilm producing bacteria include B. amyloliquefaciens and B. subtilis. Shemesh discloses that the biofilm producing bacteria are of the bacillus genus and incubating and culturing Bacillus sp. with LB, LBGM, or MRS broth [abstract; pg. 4, lines 12]. Shemesh discloses that the growth substrates can be solid or liquid and that they are not limited to LB, LBGM, or MRS broth, yeast, or peptones [pg. 20, lines 18-26]. Shemesh discloses that the bacterial composition is edible [pg. 4, lines 30-32; pg. 5, lines 1-10].
Shemesh does not disclose isolating starch fibers from a leguminous plant to generate isolated starch fibers.
Shemesh does not disclose including pasteurizing the isolated starch fibers of a legume of a leguminous plant (claim1) ; wherein the leguminous plant selected from the group consisting of chickpea (Cicer arietinum), soybean (Glycine max), common bean (Phaseolus vulgaris), pea (Pisum sativum), lentil (Lens culinaris), pigeon pea (Cajanus cajan), broad bean (Vicia faba) and peanut (Arachis hypogaea)(claim 11); wherein the leguminous plant is chickpea (claim 12).
Bhowmik discloses a composition made from dietary fiber [abstract]. Bhowmik discloses isolating fiber from leguminous plants and nuts [pg. 7, lines 1-33; pg. 8, lines 10-16]. Bhowmik discloses that the fiber is isolated from the source plant [pg. 7, lines 32 and 33]. Bhowmik discloses that the legume can be chickpea, soybean, green bean (common bean), pea, or lentil amongst others [pg. 7, line 15; pg. 8, lines 10-16]. Bhowmik discloses the fermentation of the dietary fiber with fermenting microorganisms [pg. 14, lines 20-34]. Bhowmik discloses heating the fiber to a temperature equal to or greater than 75°C prior to fermentation [pg. 18, lines 27-35]. Bhowmik specifically discloses pasteurization of the fiber prior to fermentation [pg. 19, lines 1-17].
Wei discloses the inoculation of chickpeas with Bacillus amyloliquefaciens. [abstract]. Wei discloses incubating Bacillus amyloliquefaciens in LB medium [“Optimization of Fibrinolytic Production Conditions” pg. 3958]. Wei discloses washing and autoclaving (which effectively pasteurizes) the chickpeas and then inoculating the chickpeas with Bacillus amyloliquefaciens [“Optimization of Fibrinolytic Production Conditions” pg. 3958]. Wei discloses chickpeas as cheap and a good source of protein, carbohydrate, and minerals and that they have broad biological activities including antioxidant activity [Introduction, pg. 3957]. Wei discloses Bacillus amyloliquefaciens as a close relative of B. subtilis, that they both serve as food grade microorganisms. Wei discloses Bacillus amyloliquefaciens and B. subtilis as producing fibrinolytic activity and producing phenolic compounds that are major antioxidants, as having applications in cardiovascular protection, as being anti-thrombotic, anti-aging and anti-cancer [Introduction, pg. 3957; pg. 3962, “TPC and TFC”]. Wei discloses the potential for the Bacillus sp. fermented chickpeas and their use as functional foods or functional food additives [abstract; pg. 3962, “TPC and TFC”, “DPPH Radical-Scavenging Effect” ].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Shemesh to include the step of isolating legume fiber and pasteurizing the legume fiber in order to inactivate or kill microbial contaminants in/on the fiber before inoculating with the desired bacteria.
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Shemesh to include chickpeas in the culturing method in in order to increase the health benefits including cardiovascular protection, anti-thrombotic, anti-aging and anti-cancer benefits. This would be advantageous especially in light of the aim of Shemesh which is to promote health and wellness; and disease prevention [Shemesh pg. 33, lines 6-13].
Regarding Claims 2 and 10: Shemesh discloses a bacterial composition containing a co-culture of a beneficial bacteria and a biofilm producing bacteria wherein the biofilm producing bacteria forms a biofilm [abstract]. Shemesh discloses that biofilm producing bacteria include B. amyloliquefaciens and B. subtilis. Shemesh discloses that the biofilm producing bacteria are of the bacillus genus and incubating and culturing Bacillus sp. with LB, LBGM, or MRS broth [abstract; pg. 4, lines 12]. Shemesh discloses that the growth substrates can be solid or liquid and that they are not limited to LB, LBGM, or MRS broth, yeast, or peptones [pg. 20, lines 18-26]. Shemesh discloses that the bacterial composition is edible [pg. 4, lines 30-32; pg. 5, lines 1-10].
Shemesh does not disclose including pasteurized isolated starch fibers of a legume of a leguminous plant.
Bhowmik discloses a composition made from dietary fiber [abstract]. Bhowmik discloses isolating fiber from leguminous plants and nuts [pg. 7, lines 1-33; pg. 8, lines 10-16]. Bhowmik discloses that the fiber is isolated from the source plant [pg. 7, lines 32 and 33]. Bhowmik discloses that the legume can be chickpea, soybean, green bean (common bean), pea, or lentil amongst others [pg. 7, line 15; pg. 8, lines 10-16]. Bhowmik discloses the fermentation of the dietary fiber with fermenting microorganisms [pg. 14, lines 20-34]. Bhowmik discloses heating the fiber to a temperature equal to or greater than 75°C prior to fermentation [pg. 18, lines 27-35]. Bhowmik specifically discloses pasteurization of the fiber prior to fermentation [pg. 19, lines 1-17].
Wei discloses the inoculation of chickpeas with Bacillus amyloliquefaciens. [abstract]. Wei discloses incubating Bacillus amyloliquefaciens in LB medium [“Optimization of Fibrinolytic Production Conditions” pg. 3958]. Wei discloses washing and autoclaving (which effectively pasteurizes) the chickpeas and then inoculating the chickpeas with Bacillus amyloliquefaciens [“Optimization of Fibrinolytic Production Conditions” pg. 3958]. Wei discloses chickpeas as cheap and a good source of protein, carbohydrate, and minerals and that they have broad biological activities including antioxidant activity [Introduction, pg. 3957]. Wei discloses Bacillus amyloliquefaciens as a close relative of B. subtilis, that they both serve as food grade microorganisms. Wei discloses Bacillus amyloliquefaciens and B. subtilis as producing fibrinolytic activity and producing phenolic compounds that are major antioxidants, as having applications in cardiovascular protection, as being anti-thrombotic, anti-aging and anti-cancer [Introduction, pg. 3957; pg. 3962, “TPC and TFC”]. Wei discloses the potential for the Bacillus sp. fermented chickpeas and their use as functional foods or functional food additives [abstract; pg. 3962, “TPC and TFC”, “DPPH Radical-Scavenging Effect” ].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the composition of Shemesh to include the isolated pasteurized legume fiber in order to provide legume fiber free of contaminants before inoculation with the desired bacteria.
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the composition of Shemesh to include chickpeas in the culturing method in in order to increase the health benefits including cardiovascular protection, anti-thrombotic, anti-aging and anti-cancer benefits. This would be advantageous especially in light of the aim of Shemesh which is to promote health and wellness; and disease prevention [Shemesh pg. 33, lines 6-13].
Regarding Claim 19: Shemesh as modified discloses as discussed above in claim 2. Shemesh discloses including the cultured bacteria/biofilm in a food product [pg. 33, lines 6-13].
Regarding Claim 20: Shemesh as modified discloses as discussed above in claim 19. Shemesh discloses snacks foods including cookies, crackers, scones, muffins, breads, breakfast cereals (which are known in the art to be dry and can be eaten as a snack) pg. 33, lines 14-32].
Claims 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Shemesh et al. (CA 3025661) in view of Bhowmik et al. (WO 2020/157209) and Wei et al. “Production of Fibrinolytic Enzyme from Bacillus Amyloliqufaciens by Fermentation of Chickpeas with the Evaluations of the Anticoagulant and Antioxidant Properties of Chickpeas” Journal of Food Chemistry 2011 as applied to claims 1 and 2 above and in further view of Hatzikamari et al. “Changes in number and kinds of bacteria during…” International Journal of Food Microbiology 2007 (submitted by Applicants).
Regarding Claims 3 and 6: Shemesh as modified discloses as discussed above in claim 1.
Shemesh does not disclose that the medium is chickpea milk.
Hatzikamari discloses fermenting chickpea milk with Bacillus sp. [abstract]. Hatzikamari discloses that Bacillus sp. grew well in the chickpea milk and that the fermentation broth was not toxic and safe to consume [abstract].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Shemesh to include chickpea milk as the fermentation media as in Hatzikamari since Shemesh allows for the inclusion of other media and since Hatzikamari discloses that the Bacillus sp. grew well in the presence of chickpea and the fermentation broth (Bacillus sp. and chick pea milk) is safe for consumption.
Regarding Claim 6, Wei and Bhowmik disclose chickpea/chickpea fibers as discussed above in claim 1 and therefore discloses exogenous chickpea fibers.
Regarding Claims 4 and 5: Shemesh as modified discloses as discussed above in claim 2. Shemesh does not disclose that the medium is chickpea milk.
Hatzikamari discloses fermenting chickpea milk with Bacillus sp. [abstract]. Hatzikamari discloses that Bacillus sp. grew well in the chickpea milk and that the fermentation broth was not toxic and safe to consume [abstract].
At the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the composition of Shemesh to include chickpea milk as the fermentation media as in Hatzikamari since Shemesh allows for the inclusion of other media and since Hatzikamari discloses that the Bacillus sp. grew well in the presence of chickpea and the fermentation broth (Bacillus sp. and chick pea milk) is safe for consumption.
Regarding Claim 5, Wei and Bhowmik disclose chick pea fibers as discussed above in claim 2 and therefore discloses exogenous chickpea fibers.
Response to Arguments
The 103(a) rejections of claims 1, 2, 7-9, 11-14, 19, and 20 over Shemesh et al. (CA 3025661) in view of Wei et al. “Production of Fibrinolytic Enzyme from Bacillus Amyloliqufaciens by Fermentation of Chickpeas with the Evaluations of the Anticoagulant and Antioxidant Properties of Chickpeas” Journal of Food Chemistry 2011 have been withdrawn due to the amendments to the claims.
The 103(a) rejections of claims 3-6 over Shemesh et al. (CA 3025661) in view of Wei et al. “Production of Fibrinolytic Enzyme from Bacillus Amyloliqufaciens by Fermentation of Chickpeas with the Evaluations of the Anticoagulant and Antioxidant Properties of Chickpeas” Journal of Food Chemistry 2011 as applied to claims 1 and 2 above and in further view of Hatzikamari et al. “Changes in number and kinds of bacteria during…” International Journal of Food Microbiology 2007 (submitted by Applicants) have been withdrawn due to the amendments to claim 1.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Raab et al. (US 2020/0208343) discloses culturing B. subtilis inside pieces of fabric./fibers from plants including cotton and flax to form biofilm [0086]; discloses the compatibility of the fabrics with biofilm formation and that the fabric provides a scaffold for the biofilm [0086].
Xu et al. CN 104430910 Machine Translation 2015 discloses chick pea milk fermented by B. natto and lactobacilli [abstract; 0019; 0020; 0034].
Zhang et al. CN106107547 Machine Translation 2013 discloses chickpea as rich in soluble dietary fiber [abstract; claims 1-8].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FELICIA C TURNER whose telephone number is (571)270-3733. The examiner can normally be reached Mon-Thu 8:00-4:00 pm.
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/Felicia C Turner/Primary Examiner, Art Unit 1793