DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s election of Group I (Invention I) in the reply filed on 03/11/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention. The requirement is still deemed proper and is therefore made FINAL.
Claims 1-11 are pending and under consideration in this Office Action.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over
US20170029761 (02/02/2017; PTO 892) in view of Melvin et al. ("Fourier Transform Infrared Quantification of Sugars in Pretreated Biomass Liquors", Applied Biochemistry and Biotechnology, Vol. 84-86, 2000; 12 pages; IDS filed 10/17/2023), US20140106419 (2014-04-17; PTO 892).
US20170029761 (02/02/2017; IDS filed 10/17/2023) teaches a method for controlling enzymatic hydrolysis during a pretreating step, e.g. a mashing process, in a manufacturing process for producing ethanol or a brew. US20170029761 teaches the method comprises the following steps:
- performing a Fourier Transform Infrared (FTIR) measurement on the liquid part of the
slurry of said manufacturing process, and
- controlling the value of a process parameter such as reducing enzyme activity when a
certain glucose threshold is reached based on the results obtained from said FTIR
measurement;
wherein said results indicate the content of glucose and other saccharides in the slurry
and wherein said controlling of the value of the process parameter is performed in order
to affect the conversion of pulverized straw and corn stover which comprise cellulose
and hemicellulose into monomeric carbohydrates, e.g. glucose, in said enzymatic
hydrolysis.
See entire publication and claims especially paragraphs [0001], [0031], [0070]-[0071], [0076], [0087], [0099], [0142]-[0144], [0219]; and Figure 6a.
US20170029761 teaches in Example and paragraphs [0070], [0144] and [0219] the control of at least one process parameter such as total sugar/starch content, total dissolved carbohydrate and relative degree of polymerisation (RDP) ([0087],[0219])
Melvin et al. teach an arrangement for controlling enzymatic hydrolysis in a manufacturing process of ethanol, wherein the arrangement comprises:
- a batch or continuous reactor for subjecting a process stream of said manufacturing
process to enzymatic hydrolysis,
- additional processing equipment upstream (e.g. "fermentation train", pump, Ingold
port) and downstream (e.g. further vessels) of said reactor in the process,
- at least one FTIR measurement station configured to measure the content of one or
more carbohydrates in a pretreated liquid, and
- a process controller for on-line monitoring and control coupled to receive measurement
results from said FTIR measurement station, wherein said process controller is configured to control the value of at least one process parameter such as the pH of the manufacturing process.
See entire publication and abstract especially page 39, paragraph 1 - page 40, paragraph 1; Figures 2,3; table 1; page 41, paragraph 2 - paragraph 3; page 42, line 25 - line 28; page 42, line 42 – line 45; page 44, line 32 - line 39; page 49, line 32 - line 39; page 49, paragraph 3).
The FTIR controlled pretreatment step taught by Melvin et al. is performed in order to affect the generation of monomeric carbohydrates where controlling the process to maximize the concentration of soluble xylose or glucose and mannose produced and to minimize the degradation of the hemicellulosic sugars to furfural and 5-hydroxymethyl-2-furfural (HMF) (see page 40, paragraph 1) affect the conversion of cellulose and hemicellulose into monomeric carbohydrates in the later stage of enzymatic hydrolysis.
US20140106419 teaches a control system suitable for controlling enzymatic hydrolysis in a manufacturing process of products including butanol, wherein the control system comprises:
- a reactor (30; "fermentor") for subjecting a process stream of said manufacturing
process to enzymatic hydrolysis,
- additional processing equipment upstream and downstream of said reactor in the
process, such as liquefaction units (1 0; upstream), separation units (20; upstream), and
mixing units (140; downstream), dryer units (150; downstream)
- at least one Fourier Transform Infrared, later FTIR, measurement station configured to
measure the content of one or more carbohydrates in a process fluid contained in said
reactor or in any of said additional processing equipment, and
- a process controller coupled to receive measurement results from said at least one
FTIR measurement station ([0173]-[0174] in combination with [0248]), wherein said process controller is configured to control the value of at least one process parameter such as the amount of fermentable carbon source (e.g., starch, sugars), oil and solids of various streams.
See entire publication and claims especially paragraphs [0016],[0054]-[0058],[0172]-[0174],[0248];Figures 10, 11.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and/or combine the reference teachings to make the claimed invention where the method steps, reactors, and equipment of Melvin et al. and US20140106419 (2014-04-17; PTO 892) are incorporated into the method of US20170029761. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this in order to obtain a method for controlling enzymatic hydrolysis in a manufacturing process of chemical bioproducts using least one Fourier Transform Infrared measurement. It would have been obvious to adjust all method steps and conditions including Fourier Transform Infrared (FTIR) measurement as routine optimization and/or as desired. One of ordinary skill in the art at the time the invention was made would have a reasonable expectation of success because method for controlling enzymatic hydrolysis using Fourier Transform Infrared measurement are known in the art as shown by the above reference teachings especially the teachings of US20160040138. Hence, the claimed invention as a whole is prima facie obvious.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christian L Fronda whose telephone number is (571)272 0929. The examiner can normally be reached Monday-Thursday and alternate Fridays between 9:00AM-5:00PM.
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/CHRISTIAN L FRONDA/Primary Examiner, Art Unit 1652
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