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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-4 in the reply filed on 24 October 2025 is acknowledged.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Stiles USPGPub 20220079187 and Kofoed USPN 6024990.
Regarding claims 1-3, Stiles teaches a method of producing a processed hemp protein-containing liquid composition comprising treating the liquid containing hemp protein with protein deamidase and protease. [0041,0049]
Stiles is silent regarding bacterial protease.
Kofoed teaches proteases derived from Bacillus lichenformis and Bacillus amyloliquefaciens are suitable for hydrolysis of plant proteins. (Col. 2, lines 7-63)
Stiles and Kofoed are both directed to treatment of plant proteins with protease enzymes. It would have been obvious to one of ordinary skill in the art at the time the application was filed to have utilized proteases derived from Bacillus lichenformis and Bacillus amyloliquefaciens as the protease in Stiles because these proteases were known in the art to be suitable for hydrolyzing plant proteins. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. (“Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious)) (MPEP 2144.07) Therefore, the modification of Stiles with Kofoed renders obvious claims 1-3.
Regarding claim 4, Stiles teaches hemp milk. [0041,0054]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michele L Jacobson whose telephone number is (571)272-8905. The examiner can normally be reached Monday through Friday from 10-6.
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/Michele L Jacobson/Primary Examiner, Art Unit 1793