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 .
DETAILED ACTION
1. Applicant’s election of Group I (claims 1-25) without traverse in the reply filed on 12/19/25 is acknowledged.
2. Claims withdrawn:
Claims 26-29 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
3. Priority
Applicant’s claim for domestic priority under 35 U.S.C. 119(e), filed 1/12/23, is acknowledged.
4. Drawings
The drawings filed on 4/10/24 are acknowledged.
5. Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
6. Claims 1-25 are drawn to as follows:
1. (Original) A method of ethanol fermentation comprising: fermenting a feedstock with an ethanologen in the presence of formic acid and hop acids to produce ethanol and fermentation solids, wherein the fermentation is antibiotic free.
2. (Original) The method of claim 1, wherein the ethanologen is a yeast or a bacterium.
3. (Original) The method of claim 1, wherein the feedstock is bacterially contaminated grain mash.
4. (Original) The method of claim 1, wherein the hop acids are present in a slurry tank, in a propagation tank, or a fermentation tank at a range of about 10 ppm to about 150 ppm, +/- 20%.
5. (Original) The method of claim 1, wherein the hop acids are present in a slurry tank, in a propagation tank, or a fermentation tank at a range of about 20 ppm to about 30 ppm, +/- 20%, or present at 16 ppm, 25 ppm, 84 ppm, or 125 ppm, +/- 20%.
6. (Original) The method of claim 1, wherein the formic acid is present in a slurry tank, in a propagation tank, or a fermentation tank at a range of about 50 ppm to about 400 ppm, +/- 20%, or present at 50 ppm, 60 ppm, 75ppm, 100 ppm, 200 ppm, 300 ppm, or 400 ppm, +/- 20%.
7. (Original) The method of claim 1, wherein the hop acids are added before the formic acid, after the formic acid, or together with the formic acid.
8. (Original) The method of claim 1, wherein the fermentation is a raw starch hydrolysis process.
9. (Original) The method of claim 8, wherein the hop acids are added to a propagator with the ethanologen, to a slurry tank before the ethanologen is added, to a slurry tank after the ethanologen is added, and/or to a fermenter.10. (Original) The method of claim 8, wherein the formic acid is added to a propagator with the ethanologen, to a slurry tank before the ethanologen is added, to a slurry tank after the ethanologen is added, and/or to a fermenter.
11. (Original) The method of claim 8, wherein the formic acid is added to the slurry tank after the hop acids.
12. (Original) The method of claim 1, wherein the fermentation is a conventional cook process fermentation.
13. (Original) The method of claim 12, wherein the formic acid is added to the feedstock prior to cooking.
14. (Currently Amended) The method of claim 12, wherein the hop acids are added to a fermenter after the feedstock is cooled.
15. (Original) The method of claim 8, wherein the ethanol yield is increased relative to a fermentation performed in the presence of formic acid alone or performed in the presence of hop acids alone.
16. (Original) The method of claim 8, wherein levels of lactic acid are relative to a fermentation performed in the presence of formic acid alone or performed in the presence of hop acids alone.
17. (Original) The method of claim 12, wherein the ethanol yield is increased relative to a fermentation performed in the presence of formic acid alone or performed in the presence of hop acids alone.
18. (Original) The method of claim 12, wherein levels of lactic acid are relative to a fermentation performed in the presence of formic acid alone or performed in the presence of hop acids alone.
19. (Currently Amended) The method of claim1, wherein the fermenting comprises inoculating a feedstock with S. cerevisiae.
20. (Original) The method of claim 19, wherein the formic acid is added to a fermenter within 2 hours of yeast propagation.21. (Original) The method of claim 20, wherein the formic acid is present in the fermenter at the end of fermenter fill to 60 ppm, +/- 20%.
22. (Original) The method of claim 19, wherein the hop acids are added to a fermenter.
23. (Currently Amended) The method of claim 22 wherein the hop acids are present in the fermenter at a concentration of about 10 ppm to about 20 ppm, +/- 20%.
24. (Original) The method of claim 19, wherein the hop acids are added to a slurry tank or propagation tank.
25. (Currently Amended) The method of claim 24, wherein the hop acids are present in the slurry tank or propagation tank at a concentration of about 50 ppm to about 130 ppm, +/- 20%
7. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 19 & 22-25 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2022/0010265 A1 (Broadbent; Jeffery R et al).
Broadbent et al. teach a process for propagating Saccharomyces cerevisiae
and for fermentative production of ethanol in a medium that is optionally antibiotic free. In order to reduce bacterial contamination by e.g.
lactic acid forming bacteria hop acids and formic acid are added to the
fermentation medium. Starchy feedstock material may be used as substrate for example, gelatinized and saccharified starch from cereals, grains (wheat, barley, rice, buckwheat) or grain derived-products (malted grain or a wort) or vegetable (potatoes, beets). In order to reduce bacterial contamination
by e.g. lactic acid forming bacteria hop acids and formic acid are added to the fermentation medium. The addition of acids to the medium can be done prior to propagation, prior to a batch/batch-fed fermentation, prior to a continuous fermentation or between two cycles of a continuous fermentation. The level of hop acids may vary from less than 10 ppm to less than 100 ppm, and the total carboxylic acid concentration may vary from less than 0.3% w/v to less than 0.19% w/v (paragraphs [0007], [0008], [0011], [0018], [0027], [0029], [0030], [0031], [0035], [0036], [0067]-[0069], [0087], [0155], [0156], [0158]; example 1; tables 1-3).
8. Double Patenting Rejection
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,597,950 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reason(s).
Instant claims 1-25 are presented above in paragraph 6.
Following are the claims 1-14 of U.S. Patent No. 11,597,950 B1.
1. A method of ethanol fermentation, the method comprising inoculating a feedstock with S. cerevisiae and Z. mobilis, and fermenting the feedstock in the absence of one or more antibiotics to produce ethanol and fermentation solids, wherein the feedstock is a bacterially contaminated grain mash.
2. The method of claim 1, wherein the feedstock is inoculated with Z. mobilis prior to or during S. cerevisiae propagation.
3. The method of claim 1, wherein the Z. mobilis is inoculated with the S. cerevisiae in a propagator.
4. The method of claim 1, wherein the feedstock is inoculated with Z. mobilis prior to or during fermentation.
5. The method of claim 1, wherein the Z. mobilis is added to a fermenter before or after S. cerevisiae propagation is added to the fermenter.
6. The method of claim 1, wherein levels of lactic acid bacteria during fermentation are decreased by at least 5% relative to a fermentation in the absence of Z. mobilis.
7. The method of claim 1, wherein little or no fusel oils are present in the fermentation solids.
8. The method of claim 1, wherein the glycerol content of the fermentation solids is reduced relative to a fermentation in the absence of Z. mobilis.
9. The method of claim 1, wherein ethanol yield is increased relative to a fermentation in the absence of Z. mobilis.
10. The method of claim 1, wherein yeast numbers are decreased after fermentation relative to a fermentation in the absence of Z. mobilis.
11. The method of claim 1, wherein hop acids are added to the fermentation.
12. The method of claim 1, wherein protease, phytase, cellulase, xylanase, or any combination thereof is added to the fermentation.
13. The method composition of claim 11, wherein the hop acids are present in an amount from about 25 ppm to 40 ppm.
14. The method of claim 1, wherein Z. mobilis is added to a raw starch hydrolysis reaction to reduce lactic acid bacterial contamination.
Given the fact pattern of the instant case as well as the patent the species claims of the patent anticipates the instant genus claims. While the patented claim 1 (for example) uses a mixed culture feedstock with S. cerevisiae and Z. mobilis - Fig 1 of the patent illustrates the use of single ethanologen – i.e. S. cerevisiae or Z. mobilisI. Thus an obvious variation of the instant claims.
9. No claim is allowed.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEKCHAND SAIDHA whose telephone number is (571)272-0940. The examiner can normally be reached on M-F 8.00-5.30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert B Mondesi can be reached on 408 918 7584. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TEKCHAND SAIDHA/
Primary Examiner, Art Unit 1652
Recombinant Enzymes, Hoteling
Telephone: (571) 272-0940
Fax: (571) 273-0940