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 .
Detail Action
Claims 1-46 submitted on 7/11/2024 are pending for examination.
Applicants’ election on 5/31/2026 without traverse of group I (claims 1-20) directed to a process for producing a nutrient supplement from an anaerobic fermentation process, the process comprising: fermenting a gaseous substrate with an acetogenic bacteria in a fermentation vessel; obtaining from the fermentation vessel an amount of a fermentation liquid broth containing acetogenic bacterial cells; separating the fermentation liquid broth into a cell-free permeate and a cell-containing suspension; recovering an oxygenated hydrocarbon compound from the cell-free permeate; increasing the pH of the cell-containing suspension; contacting the cell-containing suspension having an increased pH with a hydrolase enzyme; incubating the cell-containing suspension and the hydrolase enzyme at a temperature of about 50 to about 70 0C for about 3 to about 72 hours to form a hydrolyzed lysate; and fractionating the hydrolyzed lysate into a protein-containing supernatant and a solid cell debris portion,
in their response against the restriction requirement of 3/31/2026 is acknowledged. Claims 21-46 comprise non elected subjected are withdrawn. Claims 1-20 are for examination. Election made final.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9//29/2023 in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the IDS statement.
Claim Rejections: 35 USC § 112(b)
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 claims 1, 3, 7 and 14 and 2-20 (depends on claim 1) 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 1 is indefinite in reciting “process for producing a nutrient supplement from an anaerobic fermentation process” make the claims unclear because of following reason:
Claims involve an anaerobic fermentation process which is to produce oxygenated hydrocarbon, protein-containing supernatant and solid cell debris not nutrient supplement, therefore claim lack a step of producing nutrient supplement ( see claim 15 and claim 18 and claim 19). Correction required.
Claim 3 is indefinite in reciting “the CO-containing gaseous substrate has a H2/CO” make the claims unclear as claim 3 lack antecedent basis. Claim 3 depends on claim 2; and claim 2 does not recite H2. Correction required.
Claim 7 is indefinite in reciting “the CO2-containing gaseous substrate has a H2/CO” make the claims as claim 3 lack antecedent basis. Claim 7 depends on claim 6; and claim 6 does not recite H2/CO. Correction required.
Claim 14 is indefinite in reciting “less than about 5%” make the claims unclear as is it less than 5% or about 5%. Claim in definite I because it lack metes and bound. correction required.
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
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 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.
According to MPEP 2143:"Exemplary rationales that may support a conclusion of obviousness include:(A) Combining prior art elements according to known methods to yield predictable results;(B) Simple substitution of one known element for another to obtain predictableresults;(C) Use of known technique to improve similar devices (methods, or products) in the same way;(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;(E) "Obvious to try" - choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.Note that the list of rationales provided is not intended to be an all-inclusive list. Other rationales to support a conclusion of obviousness may be relied upon by Office personnel."
Claims 1-18 are rejected under 35 U.S.C. 103(a) as being unpatentable over D1: Senaratne et al. D1: wo2019/226703, which is used in the rejection ( also published as US11597906, US20190352596A1, o Priority to US 62674604 201805213). IDS) in view of D2: Zahn et al. (wo2021/055366A1, IDS).
Senaratne et al. D1: ( wo2019/226703) disclose “ Protein-rich nutrient supplements and animal feed supplements derived from an anaerobic bacterial process are generated through a myriad of cell rupturing and protein fractionation/purification processes. Bacterial fermentation systems and methods of obtaining one or more protein-containing portions from a fermentation process using carbon monoxide-containing gaseous substrates are provided. The invention further provides compositions of protein-rich nutrient supplements with useful applications for intake by a variety of different animals and humans.( abstract).
Senaratne et al. D1: ( wo2019/226703) disclose:
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D1: Senaratne et al. differ in that does not disclose a temperature of about 50 to about 70 0C for about 3 to about 72 hours to form a hydrolyzed lysate
D2: Zahn et al. (wo2021/055366A1, ) disclose Protein hydrolysate compositions and methods of making the same are disclosed. The protein hydrolysate composition has a protein-rich organic content. The protein hydrolysate composition may be substantially free of exogenous chelating agents, chaotropic agents and surfactants. The protein hydrolysate composition may be low in ash content. The protein hydrolysate composition is produced by processing a biomass, e.g., a microbial biomass, through a combination of physical, chemical and/or enzymatic treatments. The protein hydrolysate may be sourced via microbial biomass from CCk as a carbon source. Also disclosed are methods of using the protein hydrolysate compositions, e.g., as a biostimulant. ( abstract).
D2:Zahn et al. (wo2021/055366A1, ) disclose:
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Zahn et al process also disclose :the process includes (9) (a) adjusting the pH of a biomass suspension composition to a pH within a first target pH range of about 0.5 to about 3, if needed, wherein the biomass suspension or the pH adjusted suspension composition produced in step (a) is an acidic suspension composition; and (b) heating the acidic suspension composition to a first temperature of at least about 40 °C for a first time period of at least about 5 minutes, thereby producing an acidic hydrolysate suspension that comprises hydrolyzed microbial protein. In some embodiments, the process includes, after step (b): (i) neutralizing the acidic suspension by adding a neutralizing agent to the acidic suspension composition, thereby forming a neutralized suspension composition, wherein the pH of the neutralized suspension composition is within a second target pH range of about 5 to about 8; and (ii) adding a protease to the neutralized suspension composition at a second temperature of at least about 40 °C and a second time period of at least about 1 hour, thereby further hydrolyzing the microbial protein and forming a protease hydrolysate suspension that comprises hydrolyzed microbial protein. In certain embodiments, the process further includes: (c) separating a liquid supernatant from solid material in the acidic hydrolysate suspension or the protease hydrolysate suspension, wherein the supernatant comprises soluble hydrolyzed microbial protein. In certain embodiments, step (b) includes application of pressure of at least about 15 psi to the acidic suspension for at least a portion of the first time period. In certain embodiments, adjusting the pH in step (b) may include adding one or more acid selected from phosphoric acid, sulfuric acid, nitric acid, formic acid, acetic acid, carbonic acid, and hydrochloric acid.
[10] In accordance with certain embodiments, the process comprises the steps of: (1) culturing a microorganism to grow biomass; (2) harvesting the biomass, which contains protein, in a suspension composition; (3) adjusting the pH of the suspension composition, if necessary, to a pH of at least about 10, and preferably to a pH of about 10 to about 12; (4) optionally, adding a chelating agent and/or a surfactant to the composition; (5) heating the composition to at least about 40 °C for at least 10 minutes, and preferably between about 40 °C to about 130 °C for about 10 minutes to about 8 hours, and optionally pressurizing the composition to a pressure of greater than about 15 psi during at least a portion of the heating, and preferably to a pressure of about 20 psi to about 50 psi; (6) applying a neutralizing agent to the composition to adjust the pH to within a range from about 7.5 to about 9.5, and preferably from about 8.5 to about 9; (7) optionally adding a protease to the composition which further hydrolyzes the protein; and (8) capturing the supernatant containing the hydrolyzed protein from the suspension; and (9) optionally, drying the supernatant and lyophilizing the hydrolyzed protein.
Therefore it would have been obvious to a person of ordinary skill in the art, at the time of the instant invention is filled to combine the teaching of over D1: Senaratne et al. and D2: Zahn et al. to the process of production of Protein-rich nutrient supplements and animal feed supplements wherein the process comprising: fermenting a gaseous substrate such as co/co2/H2 with an acetogenic bacteria such as Clostridium lungdhali in a fermentation vessel; obtaining from the fermentation vessel an amount of a fermentation liquid broth containing acetogenic bacterial cells; separating the fermentation liquid broth into a cell-free permeate and a cell-containing suspension; recovering an oxygenated hydrocarbon compound from the cell-free permeate; increasing the pH of the cell-containing suspension; contacting the cell-containing suspension having an increased pH with a hydrolase enzyme ( as taught by Senaratne et al. D1: wo2019/226703.) and modify the process by using D2: Zahn et al.to come applicants invention of claim 1-18 .
Conclusion
Claims 1-20 are rejected and no claim is allowable.
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Mohammad Meah whose telephone number is 571-272-
1261. The examiner can normally be reached on 8:30-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
supervisor, Robert Mondesi can be reached on 4089187584. The fax phone number
for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD Y MEAH/Examiner, Art Unit 1652
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