DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 January 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Amendment and Arguments
Applicant’s amendment does not distinguish from US2018/0282608 A1 (Gopal) in view of US2013/0331466A1 (Gross) as evidenced by US2018/0148632A1 (Bennett) and “ Production of sophorolipids by the yeast Candida bombicola using simple and low cost fermentative media”, Daverey, et al., Food Research International, May 2009, 42(4), 499-504.
Applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that Gross does not teach a composition comprises a fermentation medium in which the yeast was cultivated as amended. The examiner disagrees. As acknowledged by Applicant, Gross teaches fermentation by different yeast leads to sophorolipids ([0005] and [0008]),and the sophorolipids can be provided directly from culture broth ([0008] and claim 20), thus the culture broth containing sophorolipids meets the limitation of a fermentation medium.
Applicant’s other arguments are moot as they do not apply to the current rejection.
Claim Rejections - 35 USC § 103
Claims 5, 6 and 8 stand, and new claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Gopal in view of Gross as evidenced by Bennett and Daverey.
Regarding claims 5, 6 and 8, Gopal teaches a method for removal of heavy hydrocarbon deposit from oilfield apparatus and conduits such as injection pipes, storage tanks comprises applying a composition to the apparatus/conduits/pipe ([0001],[0003] and [0054]-[0058]), wherein the deposit is referred as “Schmoo” ([0014]), which is known to contain asphaltene as evidenced by Bennett ([0009]).
Gopal discloses that the composition comprises a surfactant and an alcohol component such as isopropyl alcohol (([0015], [0029] and [0038]), wherein the surfactant has biocidal activity and the effect of penetrating the lipid phase of the deposit and dissolve the deposit ([0028] and [0029]).
Gopal does not teach the instantly claimed sophorolipid, neither the cultivated yeast.
Gross teaches that sophorolipids can provide effective oil clearing/displacement/solubilization of crude oil as tank cleaner and equipment cleaners ([0003], claim 3, 16 and claim 20), wherein the sophorolipids also exhibit anti-microbial activity and can be produced from fermentation of Candida bombicola ([0008], [0011] and [0067]), which is an equivalent strain of Starmerella bombicola as evidenced by Daverey (p500, second paragraph), and wherein the sophorolipids can be provided directly from culture broth ([0008] and claim 20), which meets the fermentation medium and anticipates the presence of growth byproducts.
At the time the invention was made it would have been obvious for a person of ordinary skill in the art to include the sophorolipids directly from the yeast culture broth, i.e., fermentation medium of Gross in the method of Gopal. The rationale to do so would have been the motivation provided by the teachings of Gross that to do so would predictably provide effective solubilization/cleaning of crude oil from industrial tank and equipment with antimicrobial activity ([0011] and claims 3 and 20), which is desirable by Gopal ([0028]-[0029]).
Regarding claim 20, Gopal teaches that the composition comprises components of biocidal properties ([0015]), thus one of ordinary skill would expect the absence of live microbes in the composition of Gopal and Gross.
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Gopal in view of Gross as evidenced by Bennett and Daverey as applied to claims 5, 6 and 8, and further in view of US2014/0371495A1 (Anderson).
The combined teachings of Gopal and Gross as evidenced by Bennett and Daverey are set forth above .
Gopal further teaches the composition comprises corrosion inhibitors ([0015]).
Neither Gopal nor Gross teaches the presence of ionic liquid and its amount.
Anderson teaches that ionic liquids are highly effective at inhibiting corrosion of metals by hydrocarbon fluids such as vessels in crude oil processing ([0002], [0018], [0101] and [0129]), wherein the amount of the ionic liquid is exemplified as 1 wt.% ([0150]), which meets the claimed amount.
At the time the invention was made it would have been obvious for a person of ordinary skill in the art to include the ionic liquid and amount of Anderson in the composition of Gopal and Gross. The rationale to do so would have been the motivation provided by the teachings of Anderson that to do so would predictably provide corrosion inhibition, and further since it has been held that it is prima facie obviousness to use a known material based on its suitability for its intended use, in the instant case, a corrosion inhibitor for vessels in contact with crude oils (Anderson, [0018] and [0129]). See MPEP 2144.06(II) and 2144.07; In re Fout, 675 F2d 297, 213 USPQ 532 (CCPA 1982); Sinclair & Carroll Co v Interchemical Corp, 325 US 327, 65 USPQ 297 (1945); In re Leshin, 227 F2d 197, 125 USPQ 416 (CCPA 1960) and Ryco, Inc v Ag-Bag Corp, 857 F2d 1418, 8 USPQ2d 1323 (Fed Cir 1988).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Gopal in view of Gross as evidenced by Bennett and Daverey as applied to claims 5, 6 and 8, and further in view of US2017/0044586A1 (Duran).
The combined teachings of Gopal and Gross as evidenced by Bennett and Daverey are set forth above .
Neither Gopal nor Gross teaches the presence of ammonium phosphate.
Duran teaches a fermentation medium for producing sophorolipid from Starmerella bombicola comprises dibasic ammonium phosphate as nutrients ([0026] and [0059]).
At the time the invention was made it would have been obvious for a person of ordinary skill in the art to include dibasic ammonium phosphate of Duran in the fermentation broth, thus the composition of Gopal and Gross, since it would have been obvious for one of ordinary skill in the art to apply a known technique to a known device (method, or product) to yield predictable results, in the instant case, a known technique to produce sophorolipid from yeast . See MPEP 2143 (D).
Conclusion
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/AIQUN LI/ Ph.D., Primary Examiner, Art Unit 1766