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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 01/12/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements is/are being considered by the examiner.
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 non-obviousness.
Claim(s) 2-3 and 8, 16, 18-20, 23-24, 32-34 and 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morash et al. (US 20160159.705A1) in view of Bazzana et al. (US-20150211026-Al).
Claims 36 and 37,
Morash et al. teach methods to process fresh food waste feeding to livestock resulted in the animals gaining weight with increased food use efficiency, an increased conversion rate of food into animal weight. (0037). The process to be used as feedstock or as a supplemental source of nutrients for omnivorous mammals, (0174). The method for producing a nutrient rich composition from fresh food waste comprising the steps of: (0014)
(a) providing fresh food waste using a highly efficient and effective collection system; (0015);
(b) grinding the fresh food waste to produce a fresh food waste particle slurry; (0016);
(c) incubating the fresh food waste particle slurry under constant agitation by adding to the fresh food waste particle slurry a combination of enzymes comprising at least one enzyme to digest proteins, at least one enzyme to digest fats and lipids, at least one enzyme to digest cellulosic material, and at least one enzyme to digest other carbohydrates and incubating the mixture at
two or more temperatures ranging between about 100°F and 130° F., to match the temperature performance curves of the enzymes, wherein an in-line grinder is used to create shear during at least part of the incubating, whereby a hydrolysate comprising incubated fresh food waste particles is produced; (0017);
(d) pasteurizing the hydrolysate to eliminate pathogens: (0018);
(e) separating the hydrolysate into a liquid hydrolysate and incubated fresh food particles: (0019);
(f) stabilizing and preserving the hydrolysate; (0020);
(g) emulsifying the stabilized hydrolysate using an ultra-high-shear mixer to produce an emulsified hydrolysate; and (0021). “hydrolysate' refers to a product of the digestion of fresh food waste with enzymes. The liquid may contain small particles and/or oil droplets. (0190).
(h) blending the emulsified hydrolysate in large storage tanks with circulation pumps, to assure the consistency of the finished product. (0022).
Morash et al. teach the emulsified hydrolysate may be results from grinding and emulsification of water and oil soluble particles in the hydrolysates, (0062), but do not teach reducing the fat content of the pasteurized first incubated hydrolysate by centrifugation to form a centrifuged biological hydrolysate comprising a selected fats content in the range of 1 to 4 wt.% and a centrifuged oil; Morash et al. also do not teach drying, milling or pelletizing and
optionally, combining or blending the powdered, dried biological slurry or dried biological slurry pellets with a carbohydrate recyclable stream to form animal provender.
Bazzana et al. teach methods for separating feed stream components for improved biomass processing and productivity, (Abs), to develop co-product compositions for the needs of different markets, such as animal feed markets requiring higher protein or higher fat feeds. (0009). Solids may be separated from feedstock slurry and may comprise triglycerides and fatty acids. These solids may be used as an animal feed, either recovered as discharge from centrifugation or after drying. These solids may be of particular value in a high protein, low fat feed. (0213). In some embodiments, compositions of the processes and systems described herein may comprise at least about 1-20 wt% crude fat. In some embodiments, compositions may comprise about 10 wt % crude fat. In some embodiments, compositions may comprise at least at least about 6-10 wt% crude fat. In some embodiments, compositions may comprise about 8 wt % crude fat. (0218). It would be obvious that the high fat would be more than 10% and the low fat would be less than 6%. In some embodiments, solids separated from whole stillage and oil extracted from feedstock slurry may be combined and the resulting composition may comprise protein, fat, and oil. (0219). Feedstock slurry may be separated using a three-phase centrifuge, which allows for three-phase separation yielding two liquid phases ( e.g., aqueous stream and oil stream) and a solid stream (e.g., solids or wet cake) by Flottweg Tricanter®. (0087). It would have been obvious for one with ordinary skill in the art to use the Tricanter in the centrifugation step to remove fat from Morash‘s incubated biological hydrolysate.
In some embodiments, solids may be used as an animal feed, either recovered as discharge from centrifugation or after drying. These solids may be used as an animal feed, either recovered as discharge from centrifugation or after drying. These solids may be of particular value in a high protein, low fat feed. (0213). And oil can be removed during dry milling. (0585). Also, wet milling, to separate biomass into several components such as germ, pericarp fiber, starch, and gluten, or to form pellet. The slurry may be further processed to separate the starch and gluten protein which may be dried to form gluten meal. The gluten meal and gluten feed stream which both contain protein, fat, and fiber, may be used in feeds for dairy and beef cattle, poultry, swine, livestock, equine, aquaculture, and domestic pets. Condensed fermented extractives which contain protein, growth factors, B vitamins, and minerals may be used as a high energy liquid feed ingredient. (0105).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to increase food use efficiency for animals gaining weight with the process to collect and prepare feedstock for animal with the incubated fresh food waste particle composition including grinding and incubating recycle biological stream at increased temperatures, pasteurizing, reducing fat, drying, milling into slurry or dried pellets, taught by Morash et al. and reducing fat to low percentages less than 6% taught by Bazzana et al. since they have outlines all the steps that could be done.
With regard to claims 2-4, 7-8
Morash et al. teach emulsifying the stabilized hydrolysate using an ultra-high-shear mixer to produce an emulsified hydrolysate; (0021). Various inlet ports or other methods for adding the acids and/or preservatives to the emulsified hydrolysate are used in various stabilization unit embodiments. The separated fluid hydrolysate is stabilized in via the addition and mixing of the emulsified hydrolysate with an acid source and one or more preservatives. (0167). Reducing particle size has the related benefits of improving emulsification. (0139). In some aspects, the stabilizing step of the processes of this invention comprises the addition and mixing of the liquid hydrolysate with an acid source, to adjust the pH, to protect the nutrients form further digestion and/or degradation by microbes or pathogens. The stabilization steps are to produce a finished product that is self-stable for at least two years. (0041). In some aspects, the stabilized hydrolysate is emulsified using an ultra-high-shear mixer to produce an emulsified hydrolysate and/or by addition of an emulsifying agent. (0057), which is a dispersant. Emulsifying the stabilized hydrolysate optionally using an ultra-high-shear mixer to produce an emulsified hydrolysate or an emulsifying agent; and (0109), blending the emulsified hydrolysate in large storage tanks with circulation pumps, to assure the consistency of the finished product. (0110).
Bazzana et al. teach washed wet cake was produced by the centrifuge. The total solids in the wet cake to have a moisture balance, (0465), which means to be stabilized. In some embodiments, there may be a need to remove water from the oil recovered from feedstock or feedstock slurry, (0190), which concentrate the emulsified feedstock slurry.
With regard to claim 5,
Bazzana et al. teach "Distillers co-products" as used herein refers to byproducts from a product alcohol production process that can be isolated before or during fermentation. Distillers co-products include non-fermentable products remaining after product alcohol is removed from a fermented mash and solids isolated from a mash. Distillers co-products may be used in a variety of animal feed and non-animal feed applications. Examples of distillers co-products include, but are not limited to, fatty acids from oil hydrolysis, lipids from evaporation of thin stillage, syrup, distillers grains, distillers grains and solubles, solids from mash before fermentation, and solids from whole stillage after fermentation, biodiesel, and acyl glycerides. (0067). Glyceryl laurate (also known as monolaurin) is a type of acyl glyceride. Another natural product can be added to food source like coconut (0043), which provide high amount of coconut oil.
With regard to claim 16,
Morash et al. teach the incubated fresh food waste particles which are filtered out by the coarse screen, having an average diameter of greater than about 590 µm may be suitable for use as a feedstock and/or as a food supplement or other sources of nutrients for carnivorous or omnivorous mammals, such as pigs, chickens or pets. The incubated fresh food waste com positions are easily digestible, and have a high conversion rate of food to livestock weights, and/or high pet nutritional value. The particles filtered out by the fine screen can be added to the next batch for additional processing. (0036).
With regard to claim 17,
Bazzana et al. teach corn oil contains triglycerides, diglycerides, monoglycerides, fatty acids, phytosterols, vitamin E, carotenoids ( e.g., β-carotene, β -cryptoxanthin, lutein
zeaxanthin), phospholipids, and antioxidants such as tocopherols, it may be added to other co-products at different concentrations or rates, creating the ability to vary the amount of these components in the resulting co-product. In this manner, the fat content of the resulting co-product may be controlled, for example, to yield a lower fat, high protein animal feed that would better suit the needs of dairy cows compared to a high fat product. In another embodiment where a high fat animal feed may be desired, corn oil may be used as a component of animal feed because its high triglyceride content would provide a source of metabolizable energy. In addition, the natural antioxidants in corn oil provide a source of vitamin E as well as reduce the development of rancidity. (0200).
With regard to claim 18,
Morash et al. teach the collection system can collect the fresh food waste frequently: the fresh food; waste in refrigerated trucks; minimizing the distance the fresh food waste must travel to arrive at the processing facility described in this patent; and immediately processing or
refrigerating the fresh food waste at the processing facility. The processing technology is modular, allowing the efficient construction of facilities in urban areas and near sources of fresh food waste in addition to supermarkets, such as food processing facilities, fresh food distributors, fresh green waste from farms, or other viable sources of fresh food waste (the “collection system'), (0009). The incubation vessel 16 includes one or more inlet ports that receive the fresh food waste particle slurry 26 from one or more of the previously discussed grinders and one or more additional inlet ports for receiving various enzymes 28 that are mixed with the fresh food waste particulates prior to and/or during the incubation process, (0162), which provide multiple stream of food sources to process.
With regard to claim 19,
Morash et al. teach the incubation vessel 16 includes one or more inlet ports that receive the fresh food waste particle slurry 26 from one or more of the previously discussed grinders and one or more additional inlet ports for receiving various enzymes 28 that are mixed with the fresh food waste particulates prior to and/or during the incubation process. In some embodiments, included within incubator vessel 16 is blender/ mixer 30 which includes various mechanical mixing blades or other mixing devices in various embodiments. In some embodiments, blender/mixer 30 is a ribbon blender or paddle mixer but other suitable blenders and mixers are used for blending or mixing in the enzymes, in other embodiments. (0162). Fresh Food Waste Particulate: Refers to the solid, ground-up pieces of food waste after they have been processed or shredded, but before or without a significant liquid medium added, (0192), or dried. Fresh Food Waste Particle Slurry is a mixture where those solid food particulates are suspended in a liquid (usually water).
With regard to claim 20,
Morash et al. teach the fresh organic waste carbohydrates (such as sugars, starches and/or cellulosic materials), (0191), from bakery ad dairy or from supermarket (0009). The fresh food waste may optionally be separated into separate categories of waste, e.g., vegetable waste versus animal meat waste, or into bakery, deli, seafood, produce, and packaged goods. (0185). Produce can be defined as agricultural products and especially fresh fruits and vegetables as distinguished from grain and other staple crops. (0186)
With regard to claim 23,
Morash et al. teach concentrating the liquid agricultural admixture is performed using coarse screen (0187), fine screen, the 30 mesh screen is a vibrating screen, which is vibrating filter. In some aspects the screen may be a vibrating screen. (0188).
Bazzana et al. teach dryer, (0575), evaporator, (0584).
With regard to claim 24,
Bazzana et al. teach in some embodiments, nutrients such as amino acids, nitrogen, minerals, trace elements, and/or vitamins may be added to feedstock slurry. (0083).
With regard to claim 32,
Morash et al. teach mixture of materials commonly found in fresh food waste including bone, (0140), soy meal, (0037); Vegetable waste versus animal meat waste, or bakery, deli, seafood, produce, and packaged goods; (0185); fresh organic waste by digesting proteins,
carbohydrates (such as sugars, starches and/or cellulosic materials), and fats and oils in fresh food waste to produce a composition which contains, for example, amino acids, sugars, fatty acids and minerals; (0191), produce, meat, fish, delicatessen, bakery and dairy. (0009).
With regard to claim 33,
An emulsified hydrolysate made by the process of:
(a) providing fresh food waste using a highly efficient and effective collection system; (b) grinding the fresh food waste using a first grinder and optionally a second grinder to produce a fresh food waste particle slurry; (c) incubating the fresh food waste particle slurry under constant agitation by adding to said fresh food waste particle slurry a combination of enzymes comprising at least one enzyme to digest proteins, at least one enzyme to digest fats and lipids, at least one enzyme to digest cellulosic material and at least one enzyme to digest other carbohydrates and incubating the mixture at two or more temperatures ranging between about 100°F. and 130° F., to match the temperature performance curves of the enzymes wherein a third grinder is used to create shear during at least part of the incubating, whereby a hydrolysate comprising incubated fresh food waste particles is produced; (d) pasteurizing the hydrolysate to kill pathogens; (e) separating the hydrolysate into a liquid hydrolysate and incubated fresh food particles using
a coarse screen and a fine Screen, (f) stabilizing and preserving the hydrolysate, using acid and/or preservatives, or using organic acids and/or organic preservatives allowed for use in the production of a certified organic hydrolysate; (g) emulsifying the stabilized hydrolysate using an ultra-high-shear mixer to produce a stabilized, emulsified hydrolysate; and (h) blending the emulsified hydrolysate in large storage tanks with circulation pumps, to assure the consistency of the finished product. (Claim 1, pg. 69).
Morash et al. teach the emulsified hydrolysate may be results from grinding and emulsification of water and oil soluble particles in the hydrolysates, (0062), but do not teach reducing the fat content of the pasteurized first incubated hydrolysate by centrifugation to form a centrifuged biological hydrolysate comprising a selected fats content in the range of 1 to 4 wt.% and a centrifuged oil; also Morash does not teach a tricanter.
Bazzana et al. teach methods for separating feed stream components for improved biomass processing and productivity, (Abs), to develop co-product compositions for the needs of different markets, such as animal feed markets requiring higher protein or higher fat feeds. (0009). In some embodiments, solids may be separated from feedstock slurry and may comprise triglycerides and fatty acids. These solids may be used as an animal feed, either recovered as discharge from centrifugation or after drying. The solids may be particularly suited as feed for ruminants ( e.g., dairy cows) because of its high content of available lysine and by-pass or rumen undegradable protein. For example, these solids may be of particular value in a high protein, low fat feed. (0213). In some embodiments, compositions of the processes and systems described herein may comprise at least about 1-20 wt% crude fat. In some embodiments, compositions may comprise about 10 wt % crude fat. In some embodiments, compositions may comprise at least at least about 6-10 wt% crude fat. In some embodiments, compositions may comprise about 8 wt % crude fat. (0218). It would be obvious that the low fat would be less than 6%. In some embodiments, solids separated from whole stillage and oil extracted from feedstock slurry may be combined and the resulting composition may comprise protein, fat, and oil. (0219). Feedstock slurry may be separated using a three-phase centrifuge. A three-phase centrifuge allows for three-phase separation yielding two liquid phases ( e.g., aqueous stream and oil stream) and a solid stream (e.g., solids or wet cake) by Flottweg Tricanter®. (0087). It would have been obvious for one with ordinary skill in the art to use the Tricanter in the centrifugation step to remove fat from Morash‘s incubated biological hydrolysate. The separated fluid hydrolysate is stabilized in via the addition and mixing of the emulsified hydrolysate with an acid source and one or more preservatives. (0167).
With regard to claims 34,
Morash et al. teach the method for producing a nutrient rich composition from fresh food waste comprising many steps, (0014), (a) providing fresh food waste using a highly efficient and effective collection system; (0015); (b) grinding the fresh food waste to produce a fresh food waste particle slurry (0016); and step (c) incubating the fresh food waste particle slurry
under constant agitation by adding to the fresh food waste particle slurry a combination of enzymes comprising at least one enzyme to digest proteins, at least one enzyme to digest fats and lipids, at least one enzyme to digest cellulosic material, and at least one enzyme to digest other carbohydrates and incubating the mixture at two or more temperatures ranging between about 100°F. and 130° F., to match the temperature performance curves of the enzymes, wherein an in-line grinder is used to create shear during at least part of the incubating, whereby a hydrolysate comprising incubated fresh food waste particles is produced; (0017). (d) pasteurizing the hydrolysate to eliminate pathogens; (0018);
Morash et al. teach the emulsified hydrolysate may be results from grinding and emulsification of water and oil soluble particles in the hydrolysates, (0062), but do not teach reducing the fat content of the pasteurized first incubated hydrolysate by centrifugation to form a centrifuged biological hydrolysate comprising a selected fats content in the range of 1 to 4 wt.% and a centrifuged oil;
Bazzana et al. teach methods for separating feed stream components for improved biomass processing and productivity, (Abs), to develop co-product compositions for the needs of different markets, such as animal feed markets requiring higher protein or higher fat feeds. (0009). In some embodiments, solids may be separated from feedstock slurry and may comprise triglycerides and fatty acids. These solids may be used as an animal feed, either recovered as discharge from centrifugation or after drying. The solids may be particularly suited as feed for ruminants ( e.g., dairy cows) because of its high content of available lysine and by-pass or rumen undegradable protein. For example, these solids may be of particular value in a high protein, low fat feed. (0213). In some embodiments, compositions of the processes and systems described herein may comprise at least about 1-20 wt% crude fat. In some embodiments, compositions may comprise about 10 wt % crude fat. In some embodiments, compositions may comprise at least at least about 6-10 wt% crude fat. In some embodiments, compositions may comprise about 8 wt % crude fat. (0218). It would be obvious that the low fat would be less than 6%. In some embodiments, solids separated from whole stillage and oil extracted from feedstock slurry may be combined and the resulting composition may comprise protein, fat, and oil. (0219). Feedstock slurry may be separated using a three-phase centrifuge. A three-phase centrifuge allows for three-phase separation yielding two liquid phases ( e.g., aqueous stream and oil stream) and a solid stream (e.g., solids or wet cake) by Flottweg Tricanter®. (0087). It would have been obvious for one with ordinary skill in the art to use the Tricanter in the centrifugation step to remove fat from Morash‘s incubated biological hydrolysate. The separated fluid hydrolysate is stabilized in via the addition and mixing of the emulsified hydrolysate with an acid source and one or more preservatives. (0167).
Double Patenting
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-5, 7-8, 16-20, 23-24, 32-34 and 36-37 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 and 12-21 of copending Application 18/411,984 (Document ID: US 20240409446 Al), 16/708,299 (Document ID: US 20200113186Al) and 16/102,669 (Document ID: US 20190048307Al). Although the claims at issue are not identical, they are not patentably distinct from each other, especially with the copending Application 18/411,984 (Document ID: US 20240409446 Al), while the other two copending Applications add a whole list of dispersants in claims 5.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
No Claim is allowed.
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/NGOC-ANH THI NGUYEN/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615