DETAILED CORRESPONDENCE
Application Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Applicant’s amendment to the claims filed on 03/06/2026 in response to the Non-Final Rejection mailed on 12/10/2025 is acknowledged. This listing of claims replaces all prior listings of claims in the application.
3. Claims 1-20 are pending.
4. Applicant’s remarks filed on 03/06/2026 in response to the Non-Final Rejection mailed on 12/10/2025 have been fully considered and are deemed persuasive to overcome at least one of the rejections and/or objections as previously applied.
The text of those sections of Title 35 U.S. Code not included in the instant action can be found in the prior Office Action.
Claim Rejections - 35 USC § 112(b)
5. The rejection of claims 1-20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for the phrase “such as” and “including” is withdrawn in view of applicants’ amendment to the claims to remove said phrases.
6. The rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for lack of antecedent basis is withdrawn in view of applicants’ amendment to the claims.
Claim Rejections - 35 USC § 102
7. The rejection of claims 1-4, 6-11, and 13-20 under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Guzman et al. (US Patent Application Publication 2020/0270648 A1, priority to 02/24/2019; cited on IDS filed on 06/29/2023) is maintained for the reasons of record and the reasons set forth below. The rejection has been modified in order to address applicants’ amendment to the claims.
8. As amended, claims 1-4 and 6-20 are drawn to a method to produce medium chain fatty acids from organic waste, the method contains the following steps: fermenting the organic waste in a main fermentation, whereby the organic waste is at least partly converted into lactic acid; separating the organic waste into a solid fraction and a liquid fraction; fermenting the liquid fraction during a post fermentation, whereby at least a part of the lactic acid is converted into medium chain fatty acids; separating the at least partly fermented liquid fraction by a biomass separation step into an effluent low in sludge and an effluent high in sludge; extracting medium chain fatty acids from the effluent low in sludge; and wherein the organic waste includes at least one or more of kitchen waste, food waste or selectively collected simple decomposable organic waste, and the organic waste includes solid waste.
9. With respect to claim 1, Guzman et al. teach a method to produce medium chain fatty acids by providing a lactose containing feedstock such as milk , cheese, milk dry solids, lactose powder, or dairy product solids (food waste that includes solid waste) and fermenting the feedstock with a microorganism to convert into lactic acid, separating the organic waste into a solid fraction and a liquid fraction, fermenting the liquid fraction to convert the lactic acid into medium chain fatty acids and separating the liquid fraction into an effluent low in sludge and effluent high in sludge and extracting the medium chain fatty acids from the effluent low in sludge [see Abstract; paragraphs 0019-0020, 0039-0054; Figure 1].
With respect to claim 2, Guzman et al. teach the method wherein the fermentation is preceded by mixing the organic waster with a biomass (mixing with a microorganism is interpreted as biomass) [see paragraphs 0019-0023].
With respect to claims 3-4, Guzman et al. teach the method wherein additives are added to stimulate the fermentation such as through the addition of an acid and/or a base [see paragraph 0036].
With respect to claim 6, Guzman et al. teach the method wherein the main fermentation takes place at temperatures between 45oC to 55oC [see paragraph 0021].
With respect to claim 7, Guzman et al. teach the method wherein a pH value of the main fermentation is between 4 and 6 [see paragraph 0021].
With respect to claim 8, Guzman et al. teach the method wherein the main fermentation is from about 0.25 days to about 5 days (overlaps the claimed ranges) [see paragraph 0043].
With respect to claim 9, Guzman et al. teach the method wherein after the main fermentation a mixing step takes place to form an at least partly fermented mixture whereby a process water is added [see Figure 1; paragraphs 0045-0046].
With respect to claim 10, Guzman et al. teach the method wherein the post-fermentation takes between 0.5 days to about 16 days (overlaps the claimed ranges) [see paragraph 0046].
With respect to claim 11, Guzman et al. teach the method wherein the pH value during the post-fermentation is between about 4 and about 6 [see paragraph 0021].
With respect to claim 13, Guzman et al. teach the method wherein the post fermentation takes place at temperatures between 25oC to 35oC (falls within the claimed range) [see paragraph 0021].
With respect to claim 14, Guzman et al. teach the method wherein extracting medium chain fatty acids from the effluent low in sludge comprises fluid-fluid extraction (liquid-liquid extraction is interpreted as fluid-fluid extraction) [see Figure 1; paragraph 0021].
With respect to claim 15, Guzman et al. teach the method wherein the mixture contains lactic acid and/or a substrate that are configured to be converted into lactic acid, the lactic acid and/or substrate are configured to be converted during the main fermentation into intermediary products and into end product medium chain fatty acids [see paragraphs 0020-0028].
With respect to claim 16, Guzman et al. teach the method wherein the organic waste or the fermented mixture contains lactic acid which are configured to be converted during the post-fermentation into medium chain fatty acids as an end product [see Abstract; paragraphs 0020-0028].
With respect to claim 17, Guzman et al. teach the method wherein the lactic acid and/or the short chain fatty acids is converted into medium chain fatty acids, including caproic acid, during the post-fermentation by microbial chain elongation, whereby lactic acid and/or short chain fatty acids are configured to be produced as an intermediate product [see paragraphs 0009; 0020-0028].
With respect to claim 18, Guzman et al. teach the method wherein the solid fraction is converted to biogas by anaerobic digestion [see Figure 1; paragraphs 0018, 0027].
With respect to claim 19, Guzman et al. teach the method wherein the process gas is obtained in the post-fermentation, and/or the main fermentation being discharged directly and/or indirectly to the anaerobic digestion [see Figure 1; paragraphs 0018-0027].
With respect to claim 20, Guzman et al. teach wherein the feedstock is non-acidic lactose containing feedstock, such as dairy permeate (which is interpreted as pre-treated given that permeate is a separated dairy component) [see paragraph 0017].
RESPONSE TO REMARKS: Beginning on p. 6 of applicants’ remarks, applicants in summary contend that Guzman fails to expressly disclose or make obvious the feature of claim 1 of the “organic waste includes at least one or more kitchen waste, food waste, or selectively collected decomposable organic waste, and the organic waste includes solid waste”.
This argument is found to be not persuasive in view of the modified rejection set forth above. Briefly, Guzman teach a lactose containing feedstock such as milk , cheese, milk dry solids, lactose powder, or dairy product solids (food waste that includes solid waste).
Beginning on p. 7 of applicants’ remarks, applicants in summary contend that Guzman does not teach separating organic waste into a solid fraction and a liquid fractionand separating the fermented liquid fraction by a biomass separation step into an effluent low in sludge and an effluent high in sludge.
This argument is found to be not persuasive because as stated in the rejection above, Guzman teach separating the organic waste into a solid fraction and a liquid fraction, fermenting the liquid fraction to convert the lactic acid into medium chain fatty acids and separating the liquid fraction into an effluent low in sludge and effluent high in sludge and extracting the medium chain fatty acids from the effluent low in sludge [see Abstract; paragraphs 0019-0020, 0039-0054; Figure 1]. The tangential flow filtering performed by Guzman to maintain microorganism cells and carboxylic acid production in a continuous can reasonably be interpreted as separation of the solids and liquids as the liquid permeate containing the carboxylic acid would necessarily be low in sludge as compared to the biomass containing retentate. The claims are not limited to the type of solid liquid separation device and the tangential flow filtering process of Guzman for maintaining continuous cultured production of carboxylic acids reasonably reads on the steps recited in the claims.
Claim Rejections - 35 USC § 103
10. The rejection of claims 5 and 12 under 35 U.S.C. 103 as being unpatentable over Guzman et al. (US Patent Application Publication 2020/0270648 A1, priority to 02/24/2019; cited on IDS filed on 06/29/2023) is maintained for the reasons of record and the reason set forth below.
11. The relevant teachings of Guzman et al. as applied to claims 1-4, 6-11 and 13-20 are set forth in the 102(a)(1) and (a)(2) rejection above.
With respect to claims 5 and 12, Guzman et al. teach a method to produce medium chain fatty acids by providing a lactose containing feedstock such as milk (food waste) and fermenting the feedstock with a microorganism to convert into lactic acid, separating the organic waste into a solid fraction and a liquid fraction, fermenting the liquid fraction to convert the lactic acid into medium chain fatty acids and separating the liquid fraction into an effluent low in sludge and effluent high in sludge and extracting the medium chain fatty acids from the effluent low in sludge [see Abstract; paragraphs 0019-0020, 0039-0054; Figure 1]. Guzman et al. further teach that relative population of microorganisms can be manipulated by controlling the pH, temperature and mixture to maintain optimum growth and productivity [see paragraph 0026], and flowrates, dilution concentrations and system parameters were evaluated to optimize production rates, treatment rates and treatment extent [see paragraph 0056].
Although Guzman et al. does not explicitly teach the method of claim of the main fermentation takes place at a relatively high dry matter content of between 10% and 35% of claim 5 and the post-fermentation takes place at a dry matter content between 1 and 15 percent, this modification would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention because MPEP 2144.05.II.A states “[g]enerally differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here 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)”. In the instant case, one of ordinary skill in the art would have been motivated to optimize the dry matter content of the main fermentation and post fermentation using the teachings of Guzman et al. in order to optimize the production of medium chain fatty acids. Therefore, the above invention would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
RESPONSE TO REMARKS: Beginning on p. 8 of applicants’ remarks, applicants in summary contend that Guzman does not disclose any ranges or that dry matter content is a result effective variable with respect to the main fermentation.
This argument is found to be not persuasive because it is the examiner’s position that in the field of fermentation art that these are parameters that one of ordinary skill in the art would modify in order to optimize production conditions. Indeed, Guzman explicitly teach flowrates, dilution concentrations and system parameters were evaluated to optimize production rates, treatment rates and treatment extent [see paragraph 0056].
Conclusion
12. Status of the claims:
Claims 1-20 are pending.
Claims 1-20 are rejected.
No claims are in condition for an allowance.
THIS ACTION IS MADE FINAL. 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 PAUL J HOLLAND whose telephone number is (571)270-3537. The examiner can normally be reached Monday to Friday from 8AM to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Manjunath Rao can be reached at 571-272-0939. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL J HOLLAND/Primary Examiner, Art Unit 1656
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