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 .
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.
Claims 5, 6, 9, 21, 23, 27, and 28 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.
Regarding claims 5, 6, 9, 21, 23, 27, and 28, the term "preferably" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 5 and 28 each recite the broad recitation “wherein the yeast-derived soluble mannan- oligosaccharide fraction comprises (a) at least about 15%, 16%, 17%, 18%, 19%, 20%, 21%, 22%, 23%, 24%, 25%, 26%, 27%, 28%, 29%, 30%, 31%, 32%, 33%, 34%, 35%, 36%. 37%, 38%, 39%, 40%, 41%, 42%, 43%, 44%, 45%, 46%, 47%, 48%, 49%, 50%, 51%, 52%, 53%, 54%, 55%, 56%, 57%, 58%, 59% or more than 60% mannan-oligosaccharide by mass on a dry matter basis” and “at least about 15%, 16%, 17%, 18%, 19%, 20%, 21%, 22%, 23%, 24%, 25%, 26%, 27%, 28%, 29%, 30%, 31%, 32%, 33%, 34%, 35%, 36%. 37%, 38%, 39%, 40%, 41%, 42%, 43%, 44%, 45%, 46%, 47%, 48%, 49%, 50%, 51%, 52%, 53%, 54%, 55%, 56%, 57%, 58%, 59% or more than 60% of proteins by mass on a dry matter basis” and the claim also recites “preferably wherein the soluble mannan-oligosaccharide fraction comprises at least about 20% or at least about 30% mannan-oligosaccharide” and “preferably wherein the soluble mannan- oligosaccharide fraction comprises at least about 30% or 35% of proteins” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-10, 17-23 and 26-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sedmak (WO 2006/121803).
Regarding claim 1, Sedmak teaches preparation of mannan comprising contacting the organic or the plant matter with an effective amount of soluble hydrolysed yeast cell wall derivatives as an active ingredient for degrading the organic or plant matter to produce a decomposition product. (Refer to paragraphs [0006-0009])
Regarding claim 2, the soluble hydrolysed yeast cell wall derivatives are soluble enzymatically-treated yeast cell wall derivatives. (Refer to paragraph [0013])
Regarding claim 3, the soluble enzymatically-treated yeast cell wall derivatives are soluble protease-treated yeast cell wall derivatives. (Refer to paragraph [0013])
Regarding claim 4, the soluble hydrolysed yeast cell wall derivatives comprise or consist of a soluble mannan-oligosaccharide fraction. (Refer to paragraphs [0007-0008])
Regarding claim 5, the yeast-derived soluble mannan- oligosaccharide fraction comprises (a) at least about 15%, 16%, 17%, 18%, 19%, 20%, 21%, 22%, 23%, 24%, 25%, 26%, 27%, 28%, 29%, 30%, 31%, 32%, 33%, 34%, 35%, 36%. 37%, 38%, 39%, 40%, 41%, 42%, 43%, 44%, 45%, 46%, 47%, 48%, 49%, 50%, 51%, 52%, 53%, 54%, 55%, 56%, 57%, 58%, 59% or more than 60% mannan-oligosaccharide by mass on a dry matter basis, preferably wherein the soluble mannan-oligosaccharide fraction comprises at least about 20% or at least about 30% mannan-oligosaccharide; and (b) at least about 15%, 16%, 17%, 18%, 19%, 20%, 21%, 22%, 23%, 24%, 25%, 26%, 27%, 28%, 29%, 30%, 31%, 32%, 33%, 34%, 35%, 36%. 37%, 38%, 39%, 40%, 41%, 42%, 43%, 44%, 45%, 46%, 47%, 48%, 49%, 50%, 51%, 52%, 53%, 54%, 55%, 56%, 57%, 58%, 59% or more than 60% of proteins by mass on a dry matter basis, preferably wherein the soluble mannan- oligosaccharide fraction comprises at least about 30% or 35% of proteins. (Refer to paragraphs [0033-36])
Regarding claim 6, wherein said organic or plant matter comprises monocotyledonous plant matter or dicotyledonous plant matter, preferably wherein said monocotyledonous plant matter or dicotyledonous plant matter comprises leaves, tree foliage, leaf litter and/or crop residues. (Refer to paragraph [0003])
Regarding claim 7, the organic or plant matter comprises leaves, leaf litter and/or crop residues of cereals crops, sugar cane, corn, vines, vegetable crops or fruit trees. (Refer to paragraph [0025])
Regarding claim 8, the organic or plant matter comprises leaves and/or leaf litter from apple trees. (Refer to paragraph [0025])
Regarding claim 9, (a) the soluble hydrolysed yeast cell wall derivatives are contacted with tree foliage or leaves at about 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 55%, 60%, 65%, 70%, 75%, 80%, 85%, 90% or 95% leaf fall, preferably wherein the soluble hydrolysed yeast cell wall derivatives are contacted with tree foliage or leaves at about between 30% and 75% leaf fall; and/or (b) said soluble hydrolysed yeast cell wall derivatives are contacted with plant matter on the ground at about 30%, 35%, 40%, 45%, 50%, 55%, 60%, 65%, 70%, 75%, 80%, 85%, 90% or 95% leaf fall. (Refer to paragraphs [0013])
Regarding claim 10, wherein the soluble hydrolysed yeast cell wall derivatives are used alone or in combination with urea. (Refer to paragraph [0048])
Regarding claim 17, the soluble hydrolysed yeast cell derivatives are obtainable by hydrolysing a yeast cell wall fraction. (Refer to paragraph [0048]) (Refer to Figures 1 and 2)
Regarding claim 18, the soluble hydrolysed yeast cell derivatives are obtainable by hydrolysing a yeast cell wall fraction with an enzyme, optionally with a protease. (Refer to paragraph [0012])
Regarding claim 19, the soluble hydrolysed yeast cell derivatives are obtainable by i. subjecting a yeast cell wall fraction to an enzymatic treatment to obtain insoluble yeast cell wall derivatives comprising a ß-glucan enriched cell wall fraction and a yeast-derived soluble mannan-oligosaccharide fraction; and ii. separating said ß-glucan enriched cell wall fraction from said yeast-derived soluble mannan-oligosaccharide fraction. (Refer to Figures 1 and 2)
Regarding claim 20, the enzymatic treatment is protease treatment. (Refer to paragraph [0012])
Regarding claim 21, the soluble hydrolysed yeast cell wall derivatives are obtainable by a method comprising the following steps i. providing a yeast cell material from a species from the genera Saccharomyces, Khyveromyces, Hanseniaspora, Metschnikowia, Pichia, Starmerella, Torulaspora or Candida, preferably wherein the yeast is S. cerevisiae; ii. subjecting said yeast material to autolysis and/or enzyme assisted hydrolysis for a sufficient time to obtain a yeast autolysate and/or a yeast hydrolysate comprising a soluble yeast extract fraction and an insoluble yeast cell wall fraction; iii. subjecting said yeast autolysate or said yeast hydrolysate to separation to separate the soluble yeast extract fraction from the insoluble yeast cell wall fraction; iv. recovering the yeast cell wall fraction and discarding the soluble yeast extract fraction; v. subjecting the yeast cell wall fraction to an enzymatic treatment with a protease to obtain yeast cell wall derivatives comprising a ß-glucan enriched cell wall fraction and a soluble mannan- oligosaccharide fraction; vi. separating said ß-glucan enriched cell wall fraction from said soluble mannan- oligosaccharide fraction; and vii. recovering said soluble mannan-oligosaccharide fraction. (Refer to paragraph [0024] and Figures 1 and 2)
Regarding claim 22, contacting organic matter or plant matter with an effective amount of soluble hydrolyzed yeast cell wall derivatives as an active ingredient for degrading the organic or plant matter to produce a decomposition product and to reduce the inoculum of the overwintering pathogenic fungus. (Refer to paragraph [0012])
Regarding claim 23, (a) monocotyledonous plant matter or dicotyledonous plant matter, preferably wherein the monocotyledonous plant matter or dicotyledonous plant matter comprises leaves, tree foliage, leaf litter and/or crop residues-; and/or (b) leaves, leaf litter and/or crop residues of cereals crops, sugar cane, corn, vines, vegetable crops or fruit trees; and/or (c) leaves and/or leaf litter from apple trees or grape vines. (Refer to paragraph [0003])
Regarding claim 26, the overwintering pathogenic fungus is apple scab (e.g. Ventirua inaequalis), powdery mildew (e.g. Erysiphe necator), brown rot (e.g. Monilinia laxa, Monilinia fructicola or Monilinia fructigena) or grey mold (e.g. Botrytis cinerea). (Refer to paragraph [0025])
Regarding claim 27, (a) the soluble hydrolysed yeast cell wall derivatives are contacted with tree foliage or leaves at about 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45%, 50%, 55%, 60%, 65%, 70%, 75%, 80%, 85%, 90% or 95% leaf fall, preferably wherein said soluble hydrolysed yeast cell wall derivatives are contacted with tree foliage or leaves at about between 30% and 75% leaf fall; and/or (b) said soluble hydrolysed yeast cell wall derivatives are contacted with plant matter on the ground at about 30%, 35%, 40%, 45%, 50%, 55%, 60%, 65%, 70%, 75%, 80%, 85%, 90% or 95% leaf fall. (Refer to paragraphs [0013])
Regarding claim 28, the soluble hydrolysed yeast cell wall derivatives: (a) are soluble enzymatically-treated yeast cell wall derivatives; (b) are soluble protease-treated yeast cell wall derivatives; (c) comprise or consist of a soluble mannan-oligosaccharide fraction; or (d) comprise or consist of a soluble mannan-oligosaccharide fraction that comprises: (i) at least about 15%, 16%, 17%, 18%, 19%, 20%, 21%, 22%, 23%, 24%, 25%, 26%, 27%, 28%, 29%, 30%, 31%, 32%, 33%, 34%, 35%, 36%. 37%, 38%, 39%, 40%, 41%, 42%, 43%, 44%, 45%, 46%, 47%, 48%, 49%, 50%, 51%, 52%, 53%, 54%, 55%, 56%, 57%, 58%, 59% or more than 60% mannan-oligosaccharide by mass on a dry matter basis, preferably wherein the soluble mannan-oligosaccharide fraction comprises at least about 20% or at least about 30% mannan-oligosaccharide; and (ii) at least about 15%, 16%, 17%, 18%, 19%, 20%, 21%, 22%, 23%, 24%, 25%, 26%, 27%, 28%, 29%, 30%, 31%, 32%, 33%, 34%, 35%, 36%. 37%, 38%, 39%, 40%, 41%, 42%, 43%, 44%, 45%, 46%, 47%, 48%, 49%, 50%, 51%, 52%, 53%, 54%, 55%, 56%, 57%, 58%, 59% or more than 60% of proteins by mass on a dry matter basis, preferably herein the soluble mannan-oligosaccharide fraction comprises at least about 30% or 35% of proteins. (Refer to paragraphs [0033-36])
Conclusion
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/JYOTI Mutreja/ Primary Examiner, Art Unit 1798