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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 18, 2025 has been entered.
Claim Status
The status of the claims upon entry of the present amendments stands as follows:
Pending claims:
1, 3-11, 23
Withdrawn claims:
None
Previously canceled claims:
12-22
Newly canceled claims:
2
Amended claims:
1
New claims:
23
Claims currently under consideration:
1, 3-11, 23
Currently rejected claims:
1, 3-11, 23
Allowed claims:
None
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.
Claim 3 is 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 3 recites “the method of claim 2”. This renders the claim indefinite as claim 2 has been cancelled. For the purposes of examination, it is presumed that claim 3 depends from 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, 3, 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Pickardt (US 2012/0009287 A1)(IDS filed 04/12/2023) in view of Wittenberg (US 2012/0130099 A1) (IDS filed 04/12/2023) and Berk (Berk, Zeki. “Chapter 6: Size Reduction”, Food Process Engineering and Technology, p. 153-174, published 2009, https://doi.org/10.1016/B978-0-12-373660-4.X0001-4 [accessed online December 17, 2025]).
Regarding claim 1, Pickardt teaches mechanical deoiling of sunflower seeds (Abstract) comprising:
Dehulling of the sunflower seeds to a residual hull content of ≤5% (i.e., a low-hull fraction, [0016]);
Pressing the sunflower seeds with a low residual hull content, controlling the temperature to under 60[Symbol font/0xB0]C ([0039]; where “under 60[Symbol font/0xB0]C” falls within the claimed range “limited to 70[Symbol font/0xB0]C”), where pressing is carried out with a nozzle to form stable oil cakes ([0040]).
Pickardt does not teach temporarily heating up a part of the press cake to above 100[Symbol font/0xB0]C, supplying pressurized steam to the part of the press cake, expanding the part of the press cake and the pressurized steam to form collets, performing controlled crushing of the collets until a weight-average size of the collets is at least 100% and at maximum 400% of at least one of an average particle size of the low-hull grain fraction and an average particle size of the grains of the oil-containing seed, returning and mixing the collets with the low-hull grain fraction prior to the pressing, cooling the collets down to a temperature below 60[Symbol font/0xB0]C and pressing the cooled collets mixed with the low-hull grain fraction once again.
Regarding temporarily heating up a part of the press cake to above 100[Symbol font/0xB0]C, supplying pressurized steam to the part of the press cake, expanding the part of the press cake and the pressurized steam to form collets, Wittenberg teaches of an expander process where steam is injected into oilseed cakes under pressure to form collets ([0061]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the process for producing seed oil taught by Pickardt with the use of an expander process taught by Wittenberg on the resulting press cake. One would be motivated to make this modification because, as taught by Wittenberg, the higher bulk density of collets after treatment with an expander allow for increased efficiency during extraction ([0061]).
Although Wittenberg doesn’t explicitly teach heating the press cake to 100[Symbol font/0xB0]C before supplying pressurized steam, one of ordinary skill in the art would have adjusted the temperature of the press cake entering the extruder during routine optimization to find the optimum starting temperature that results in the best performance of the expander. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed temperature would thus be obvious.
Regarding returning and mixing the collets with the low-hull grain fraction prior to the pressing, cooling the collets down to a temperature below 60[Symbol font/0xB0]C and pressing the cooled collets mixed with the low-hull grain fraction once again, Wittenberg teaches collecting spent biomass or press cake and recycling the material back into the press with fresh feedstock ([0162]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the process of Pickardt modified by Wittenberg by recycling the collets into the low-hull feed for pressing. One would be motivated to make this modification because recycling of the collets would allow for more residual oil to be pressed from the collets when going through a second round of processing.
Although Wittenberg does not explicitly teach cooling the collets down to a temperature below 60[Symbol font/0xB0]C, one of ordinary skill in the art would have adjusted the temperature of collets before addition to the feed during routine optimization to find the temperature of collets that was low enough to not raise the pressing temperature to above 70[Symbol font/0xB0]C. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed temperature would thus be obvious.
Regarding performing controlled crushing of the collets, Berk teaches that in food processing, intermediate products often must be subjected to size reduction operations such as grinding or milling (i.e., crushing; p. 153, ¶ 1).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the process of Pickardt and Wittenberg with the addition of crushing of the intermediate product as taught by Berk. One of ordinary skill would be motivated to make this modification because Berk teaches that that size reduction can facilitate mass transfer, such as prior to extraction (p. 153, ¶ 4, bullet 6).
Although the prior art does not explicitly teach that the average size of the collets is at least 100% and at maximum 400% of the average particle size of the low-hull grain fraction, one of ordinary skill in the art would have adjusted the size of the collets during routine optimization to find the collet size that resulted in the best pressing when mixed with low-hull grain fraction. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed size ratio would thus be obvious.
Regarding claim 3, Although the prior art does not explicitly teach that the average size of the collets is at maximum 300% of the average particle size of the low-hull grain fraction, one of ordinary skill in the art would have adjusted the size of the collets during routine optimization to find the collet size that resulted in the best pressing when mixed with low-hull grain fraction. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed size ratio would thus be obvious.
Regarding claim 8, Although the cited prior art does not teach the temperature of the collets mixed in with the low-hull grain fraction, one of ordinary skill in the art would have adjusted the temperature of the collets mixed back into the low-hull grain fraction during routine optimization to find the temperature that results in the best oil yield during pressing. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed temperature would thus be obvious.
Regarding claim 9, Although the cited prior art does not teach the amount of collets that make up the press cake, one of ordinary skill in the art would have adjusted the amount of the collets mixed back into the low-hull grain fraction during routine optimization to find the composition that results in the best oil yield during pressing. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed percentage of collets in the cake would thus be obvious.
Regarding claim 10, Pickardt also teaches that pressing takes place to a residual oil content of 10-35% ([0040]), which overlaps with the claimed range of “8 to 22 percent”.
With respect to the overlapping ranges, MPEP §2114.05 teaches that it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness.
Regarding claim 11, Pickardt also teaches that the screw press is cooled to under 80[Symbol font/0xB0]C ([0039]). Therefore, it logically follows that if the system is being cooled, there is no heat being added during pressing.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Pickardt (US 2012/0009287 A1) (IDS filed 04/12/2023) in view of Wittenberg (US 2012/0130099 A1) (IDS filed 04/12/2023) and Berk (Berk, Zeki. “Chapter 6: Size Reduction”, Food Process Engineering and Technology, p. 153-174, published 2009, https://doi.org/10.1016/B978-0-12-373660-4.X0001-4 [accessed online December 16, 2025]) as applied to claim 1 above, and further in view of Stibora (Stibora, Eric. “Utilization of Expanders to Maximize Oil Recovery on Pre-Press Cake”, Anderson International Corp., published October 23, 2017 [accessed online March 10, 2025]).
Regarding claim 4, The cited prior art does not teach wherein the pressurized steam is metered such that the press cake is temporarily heated to above 100[Symbol font/0xB0]C, and that the collets, after expanding, have a temperature from 80[Symbol font/0xB0]C to 95[Symbol font/0xB0]C.
However, in the same field of endeavor, Stibora teaches that steam is injected into an expander to elevate the temperature above the boiling point of water (i.e., above 100[Symbol font/0xB0]C, p. 3, ¶ 4). Although Stibora does not teach that the collets have a temperature of 80[Symbol font/0xB0]C to 95[Symbol font/0xB0]C after expanding, Stibora does teach that the hot material at 105-115[Symbol font/0xB0]C exits the expander, and that cooling collets in a forced air vessel assures that the materials is below the boiling point of a solvent before sent to the extractor (p. 3, ¶ 4 – p. 4, ¶ 1). It logically follows that during the cooling process, the hot collets above the boiling point of water were cooled to at least a temperature of 80[Symbol font/0xB0]C to 95[Symbol font/0xB0] at some point while being cooled to a temperature below that of the solvent to be used.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consult Stibora to determine the temperature of the press cake while inside the expander. One would be motivated to consult Stibora for the temperature in the expander because the prior art is silent regarding the temperature that the press cake is brought to in the formation of collets.
Regarding claim 5, Pickardt teaches extraction step with at least one solvent of the partially deoiled dehulled sunflower seeds ([0018]).
Pickardt does not teach wherein the entire press cake is expanded to form collets or wherein the collets mixed with low-hull grain fraction are taken prior to extracting, after extracting, or both.
However, in the same field of endeavor, Wittenberg teaches that spent biomass into the press with feedstock ([0162]) and that spent biomass is pressed cake that has been by subjecting to mechanical pressing in an oilseed press ([0085]). Therefore, it logically follows that the spent biomass that is recycled has been taken prior to a solvent extraction step.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the process of obtaining oil from seeds taught by Pickardt with recycling material prior to solvent extraction taught by Wittenberg. One would be motivated to make this modification because recycling material taken prior to solvent extraction will ensure that there is no residual solvent present in the pressing process.
Although the cited prior art does not explicitly teach wherein the entire press cake is expanded to form collets, it would have been obvious to one of ordinary skill in the art to subject the entire press cake to expansion to form collets. Stibora teaches that the dense structure of the pre-press cake works against the processor, so a solution is to feed the cake into an expander to make a collet (p. 5, ¶ 1). Therefore, one would be motivated to convert all of the press cake into collets to have more efficient processing.
Regarding claim 6, Pickardt also teaches extraction with alcohol and then a subsequent alcohol-water extraction ([0033]) that extraction liquids can be pure fluids such as alcohols ([0044]).
Although Pickardt does not explicitly teach swelling in an alcohol-water mixture, swelling would inherently occur when the collets are subjected to the alcohol-water mixture.
Regarding claim 7, The cited prior art does not teach wherein the press cake is comminuted prior to supplying the pressurized steam.
However, in the same field of endeavor, Stibora teaches that inside an expander, the material is shredded before steam is injected (p. 3, ¶ 4).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consult Stibora to determine that a material fed into an expander is shredded prior to exposure to the steam. One would be motivated to consult Stibora because the prior art is silent regarding whether or not the material is intact prior to being brought into contact with steam.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Pickardt (US 2012/0009287 A1)(IDS filed 04/12/2023) in view of Wittenberg (US 2012/0130099 A1) (IDS filed 04/12/2023) and Mayo (Mayo, Matt, et al. “Dry Separation Methods”, Solids Processing, Chemical Engineering, p. 61-64, published August 2014 [accessed online December 17, 2025]).
Regarding claim 23, Pickardt teaches mechanical deoiling of sunflower seeds (Abstract) comprising:
Dehulling of the sunflower seeds to a residual hull content of ≤5% (i.e., a low-hull fraction, [0016]);
Pressing the sunflower seeds with a low residual hull content, controlling the temperature to under 60[Symbol font/0xB0]C ([0039]; where “under 60[Symbol font/0xB0]C” falls within the claimed range “limited to 70[Symbol font/0xB0]C”), where pressing is carried out with a nozzle to form stable oil cakes ([0040]).
Pickardt does not teach temporarily heating up a part of the press cake to above 100[Symbol font/0xB0]C, supplying pressurized steam to the part of the press cake, expanding the part of the press cake and the pressurized steam to form collets, performing seiving of the collets until a weight-average size of the collets is at least 100% and at maximum 400% of at least one of an average particle size of the low-hull grain fraction and an average particle size of the grains of the oil-containing seed, returning and mixing the collets with the low-hull grain fraction prior to the pressing, cooling the collets down to a temperature below 60[Symbol font/0xB0]C and pressing the cooled collets mixed with the low-hull grain fraction once again.
Regarding temporarily heating up a part of the press cake to above 100[Symbol font/0xB0]C, supplying pressurized steam to the part of the press cake, expanding the part of the press cake and the pressurized steam to form collets, Wittenberg teaches of an expander process where steam is injected into oilseed cakes under pressure to form collets ([0061]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the process for producing seed oil taught by Pickardt with the use of an expander process taught by Wittenberg on the resulting press cake. One would be motivated to make this modification because, as taught by Wittenberg, the higher bulk density of collets after treatment with an expander allow for increased efficiency during extraction ([0061]).
Although Wittenberg doesn’t explicitly teach heating the press cake to 100[Symbol font/0xB0]C before supplying pressurized steam, one of ordinary skill in the art would have adjusted the temperature of the press cake entering the extruder during routine optimization to find the optimum starting temperature that results in the best performance of the expander. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed temperature would thus be obvious.
Regarding returning and mixing the collets with the low-hull grain fraction prior to the pressing, cooling the collets down to a temperature below 60[Symbol font/0xB0]C and pressing the cooled collets mixed with the low-hull grain fraction once again, Wittenberg teaches collecting spent biomass or press cake and recycling the material back into the press with fresh feedstock ([0162]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the process of Pickardt modified by Wittenberg by recycling the collets into the low-hull feed for pressing. One would be motivated to make this modification because recycling of the collets would allow for more residual oil to be pressed from the collets when going through a second round of processing.
Although Wittenberg does not explicitly teach cooling the collets down to a temperature below 60[Symbol font/0xB0]C, one of ordinary skill in the art would have adjusted the temperature of collets before addition to the feed during routine optimization to find the temperature of collets that was low enough to not raise the pressing temperature to above 70[Symbol font/0xB0]C. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed temperature would thus be obvious.
Regarding performing sieving of the collets, Mayo teaches that screening or sieving involves the separation of dry granular solids according to particle size (p. 62, col. 1, ¶ 3).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the process of Pickardt and Wittenberg with the addition of sieving to separate out particles as taught by Mayo. One of ordinary skill would have been motivated to make this modification because Mayo teaches separation is used to isolate specific material fractions according to particle size (p. 61, col. 1, ¶ 1).
Although the prior art does not explicitly teach that the average size of the collets is at least 100% and at maximum 400% of the average particle size of the low-hull grain fraction, one of ordinary skill in the art would have adjusted the size of the collets during routine optimization to find the collet size that resulted in the best pressing when mixed with low-hull grain fraction. MPEP §2144.05(II) states where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The claimed size ratio would thus be obvious.
Response to Arguments
Claim Rejections – 35 U.S.C. §103 of claim 1 over Pickardt and Wittenberg: Applicant' s arguments have been fully considered and are persuasive to the extent that the claims as presently amended would not be anticipated/obvious in view of Pickardt and Wittenberg. However, upon further consideration, a new ground(s) of rejection is made in view of Pickardt, Wittenberg, and Berk.
The rejections of claims 1, 3-11, 23 have been maintained herein.
Conclusion
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/A.S.H./Examiner, Art Unit 1793
/EMILY M LE/Supervisory Patent Examiner, Art Unit 1793