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.
Claims 1-16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The term “fine water” is indefinite because it is unclear what qualities distinguish “fine” water from ordinary water. It is unclear if this limitation reads on concentration, droplet size, purity, or some other measurement. It is unclear if this recitation requires the production of a spray, mist, aerosol, or the like. Clarification is required.
With respect to claim 2, it is unclear if the term “particle size” refers to a water droplet diameter or, alternatively, some other compound or material within the supplied water.
In claims 3, 4 and 9, the terms “the (b)” and “the (c)” should be rewritten as “step (b)” and “step (c)” to improve clarity.
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (CN 202989104)1 in view of Inoue (WO 2020054100)2, Ranganathan (WO 2014082847) and Zhang (CN 102266039)3.
With respect to claims 1, 2 and 5, Zhu discloses a culture method and apparatus in which a culture medium is supplied with humidified air (i.e., “fine water”) and inoculated to initiate an indoor koji culture. Zhu shows that an air passage (Figure 1:5-9) communicates with a storage container (Figure 1:19). An air blow unit (Figure 1:10) and a humidifier (i.e., “fine water generation unit”) (Figure 1:6) is disposed in the air passage. A control unit (Figure 1:4) performs a water adsorption control so that water in the humidified air is supplied to the culture medium in the storage container by blowing air through the air passage. Zhu, however, does not state that the fine water generation unit functions by moving between a water absorbing state and a water releasing state.
Inoue discloses a fine water generation unit disposed in an air passage (Figure 1:L) that changes between a water absorbing state in which an electrically conductive polymer membrane (Figure 2:12) absorbs water in air as a temperature decreases and a water releasing state in which the water absorbed by the electrically conductive polymer membrane is released as fine water as the temperature increases (“As shown in FIG. 1, the fine water discharging device 100 includes a nano-sized water particle discharging element 10 (a fine water generating unit 130 described later). The nano-sized water particle emitting element 10 can transition between an adsorption state in which moisture contained in air is adsorbed and a release state in which the adsorbed moisture is released to air. The nano-sized water particle emitting element 10 is formed in a sheet shape”). Inoue indicates that the fine water is characterized by water particles having a size of less than 50 nm (“the water particles of the water released in the discharging state have a very small particle size distribution range of 2 nm to 50 nm”).
Before the effective filing date of the claimed invention, it would have been obvious to deliver fine water to the culture medium of Zhu using a fine water generator comprising an electrically conductive polymer membrane that absorbs water in a first state and releases water in a second state. Inoue describes such a fine water generator at length and indicates that it is characterized by certain advantages, such as the ability to generate a large quantity of fine water at a fast rate, even under high humidify conditions (“Further, even when the humidity of the outside air is high, the temperature of the film portion 12 rises by energizing the base portion 11, and the film portion 12 (particles 13) converts a large amount of water into water particles as bound water. Can be released into the air at a fast rate”). Inoue indicates that the fine water generator may be used in a wide variety of biological applications, including plant seeding and growth (“when the fine water discharging device 100 (the nano-sized water particle discharging device 10) is applied to a plant growing device to release fine water to a plant, for example, by releasing fine water to a seedling, growth of the seedling can be promoted”), which is analogous to the koji culture method and operation of Zhu. Those of ordinary skill would therefore have understood that Inoue’s fine water generator could either replace Zhu’s humidifying unit or be used in combination with Zhu’s humidifying unit to deliver fine water through the air passage.
Zhu still differs from Applicant’s claimed invention because Zhu does not clearly state that fine water is supplied to culture medium in a step that is separate from and precedes the inoculation step.
Ranganathan and Zhang each teach the general state of the art regarding solid state fermentation of koji. Ranganathan states that culture medium is typically disposed on a plate, dish or tray (see Figs. 1 and 2). Water is applied to the culture medium in a first step to produce moist solid particles. The culture medium is then inoculated with a fungus (typically Aspergillus oryzae) in a second step. This is described by both Ranganathan (“Solid-state fermentation (SSF) involves the growth of microorganisms on moist solid particles”) and Zhang (“The raw material defatted soybean meal and wheat bran, putting in steamer, adding water (by defatted soybean meal based on the number of 80% -100 %), wetting for 2 hours to make the raw material fully absorb water to swell… access aspergillus oryzae, yeast, followed by saline (concentration is 6-8 %) stirring; and then performing low salt solid ferment”).
Before the effective filing date of the claimed invention, it would have been obvious to use the fine water generator in modified Zhu to wet the culture medium before, during and after inoculation. Ranganathan and Zhang indicate that water is typically applied to culture medium in a first step to produce moist solid particles that may then be inoculated with a fungus in a subsequent step. Ranganathan and Zhang indicate that the culture medium must first be soaked to prepare it for Aspergillus oryzae inoculation and culture. It would have been obvious to use the available water generating means already described by Zhu and Inoue to accomplish this.
With respect to claim 3, Zhu, Inoue, Ranganathan and Zhang disclose the combination as described above. Zhu further shows that different valves and seals are provided to reduce entry of outside air.
With respect to claim 4, Zhu, Inoue, Ranganathan and Zhang disclose the combination as described above. Zhu indicates that the supply of humidified fine water may be stopped for a period of time based on environmental information collected and transferred to the controller. Ranganathan and Zhang further describe culture methods in which the supply of fine water is stopped for a period of time.
With respect to claims 6-8, Zhu, Inoue, Ranganathan and Zhang disclose the combination as described above. Zhu further indicates that the storage container is connected to the air passage using an opening that can be closed. Zhu further states that a switching unit (e.g., door, window) may be moved from an open configuration to a closed configuration to selectively allow communication between the storage container and air passage. Zhu states that such operations (i.e., “opening”, “closing”) are notoriously well known in the art (“heat and moisture operation uses manual mode, such as culturing in temperature is higher, the manually opened ventilating window, low temperature during artificial ventilation window is closed”). Ranganathan further shows a typical koji culture support that is sealed using a lid (“the tray further comprises either one or both of: a. two side walls extending upward from the length of top surface and two rear walls extending upward from the breadth of the top surface; b. a lid for covering the top surface of the tray”).
With respect to claims 9-12, Zhu, Inoue, Ranganathan and Zhang disclose the combination as described above. The cited references teach koji culture using trays, plates, dishes, etc. that are readily transported from one location to another. It would have therefore been obvious to perform the claimed steps (b) and (c) at different locations, especially since water supply and inoculation are entirely separate operations.
With respect to claims 13-16, Zhu, Inoue, Ranganathan and Zhang disclose the combination as described above. It would have been obvious to culture both red koji and black koji using the modified Zhu method and device. Black koji (Aspergillus luchuensis, Aspergillus niger and Aspergillus tubingensis) and red koji (e.g., Monascus purpureus) are well known in the art, and those of ordinary skill would have been equipped to culture both according to the teachings of Zhu, especially given that Zhu is not limited to a particular koji species.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Zhang (CN 209778795) and Lueth (DE 19920020) references disclose the state of the art regarding systems and methods for supplying fine water to koji culture.
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/NATHAN A BOWERS/ Primary Examiner, Art Unit 1799
1 See provided English translation
2 See provided English translation
3 See provided English translation
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