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. Preliminary amendment and claims 1-2, 4-12, 14-15, 17-18, 20 & 24-27 filed on 1/8/24 are acknowledged.
2. Claims 1-2, 4-12, 14-15, 17-18, 20 & 24-27 are under consideration in this Office Action.
3. Priority
Applicant’s claim for domestic priority under 35 U.S.C. 119(e), filed 7/8/21, is acknowledged.
4. Drawings
The drawings filed on 1/8/24 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. 35 U.S.C. § 112, first paragraph (Written Description)
Claims 1-2, 4-12, 14-15, 17-18, 20 & 24-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The instant genus claims 1-2, 4-12, 14-15, 17-18, 20 & 24-27 are drawn to as follows:
1. A method of purifying rubber from a plant that naturally produces rubber, the method comprising: a) contacting plant material with hot water or a dilute basic aqueous solution, thereby forming a plant material composition with a concentration of 3% or less of water extractable materials by weight and an inulin-containing composition; b) separating the plant material composition from the inulin-containing composition; c) pebble milling the plant material composition in the presence of enzymes; d) centrifuging the product of step c) to separate rubber from other material; and e) removing the rubber.
2. The method of claim 1, wherein the plant that naturally produces rubber comprises Parthenium argentatum (Guayule bush), Taraxacum kok-Saghyz (Russian dandelion), Taraxacum brevicorniculatum, Taraxacum officianales, Euphorbia lathyris (plant gopher), Parthenium incanum (mariola), Chrysothammus nauseosus (rabbit brush), Pedilanthus macrocarpus (candililla), Asclepias syriaca, speciosa, subulata, (milkweed), Solidago altissima, graminifolia rigida, (goldenrod), Cacalia atripilicifolia (pale Indian banana), Pycnanthemum incanum (mountain mint), Teucrium canadense (American camedrio), Campanula americana, or any combination thereof.
3. (canceled)
4. The method of claim 1, wherein the pebble milling and addition of enzymes in step b) occur simultaneously.
5. The method of claim 1, wherein no additional water is used during step b).
6. The method of claim 1, wherein the plant material comprises root material.
7. The method of claim 1, wherein the enzymes comprise at least one of pectinase, cellulase, and hemicellulase.
8. The method of claim 1, wherein step b) further comprises adding a buffer.
9. The method of claim 1, wherein centrifugation is at 1 g or greater.
10. The method of claim 1, wherein centrifugation results in at least three separate fractions, wherein the three separate fractions comprise an upper fraction, a middle fraction, and a lower fraction.
11. The method of claim 10, wherein the upper fraction comprises 95% or more of the rubber from the plant.
12. The method of claim 10, wherein the middle fraction comprises enzymes, monomeric sugars, oligomeric sugars, or any combination thereof and/or the lower fraction comprises bagasse.
13. (canceled)
14. The method of claim 10, wherein the upper fraction of rubber is separated.
15. The method of claim 10, further comprising washing the upper fraction of rubber and/or further separating the upper fraction of rubber.
16. (canceled)
17. The method of claim 15, wherein further separating the upper fraction of rubber comprises mechanical separation, chemical separation, or any combination thereof.
18. The method of claim 17, wherein mechanical separation comprises screening, pebble milling, or any combination thereof.
19. (canceled)
20. The method of claim 1, wherein products other than rubber are extracted and purified.
21. (canceled)
22. (canceled)
23. (canceled)
24. The method of claim 1, wherein the method is completed in less than 6 hours.
25. The method of claim 1, further comprising contacting the plant material with an antioxidant.
26. The method of claim 25, wherein the antioxidant comprises primary antioxidants, secondary antioxidants, or any combination thereof.
27. The method of claim 26, wherein primary antioxidants comprise phenolic antioxidants, amine antioxidants, or any combination thereof and/or secondary antioxidants comprise phosphite antioxidants, thioester antioxidants, or any combination thereof.
28.-38. (canceled)
The claimed invention is directed to the genus claims as noted above. Claim 1 (for example) the broadest of genus claims is drawn to: A method of purifying rubber from a plant that naturally produces rubber, the method comprising: a) contacting plant material with hot water or a dilute basic aqueous solution, thereby forming a plant material composition with a concentration of 3% or less of water extractable materials by weight and an inulin-containing composition; b) separating the plant material composition from the inulin-containing composition; c) pebble milling the plant material composition in the presence of enzymes; d) centrifuging the product of step c) to separate rubber from other material; and e) removing the rubber.
The claimed invention encompasses a genus of method steps not adequately described.
However, the instant specification describes: A method of purifying rubber from plant root material selected from Parthenium argentatum (Guayule bush) or Taraxacum kok-Saghyz (Russian dandelion), that naturally produces rubber, the method comprising: a) contacting plant material with hot water or a dilute basic aqueous solution, thereby forming a plant material composition with a concentration of 3% or less of water extractable materials by weight and an inulin-containing composition; b) separating the plant material composition from the inulin-containing composition; c) pebble milling the plant material composition in the presence of enzymes selected from pectinase, cellulase, and hemicellulase; d) centrifuging the product of step c) wherein centrifugation is at 1 g or greater to separate rubber from other material; and e) isolating the rubber.
The MPEP states that the purpose of the written description requirement is to ensure that the inventor had possession, as of the filing date of the application, of the specific subject matter later claimed by him. The courts have stated:
"To fulfill the written description requirement, a patent specification must describe aninvention and do so in sufficient detail that one skilled in the art can clearly conclude that "the inventor invented the claimed invention." Lockwood v. American Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997); In re Gostelli, 872 F.2d 1008, 1012, 10 USPQ2d 1614, 1618 (Fed. Cir. 1989) ("[T]he description must clearly allow persons of ordinary skill in the art to recognize that [the inventor] invented what isclaimed."). Thus, an applicant complies with the written description requirement "bydescribing the invention, with all its claimed limitations, not that which makes it obvious,"and by using "such descriptive means as words, structures, figures, diagrams, formulas, etc., that set forth the claimed invention." Lockwood, 107 F.3d at 1572, 41 USPQ2d at 1966."Regents of the University of California v. Eli Lilly & Co., 43 USPQ2d 1398.
Further, for a broad generic claim, the specification must provide adequate written description to identify the genus of the claim. In Regents" of the University of California v. Eli Lilly & Co. the court stated:
"A written description of an invention involving a chemical genus, like a description of a chemical species, 'requires a precise definition, such as by structure, formula, [or] chemical name,' of the claimed subject matter sufficient to distinguish it from other materials." Fiers, 984 F.2d at 1171, 25 USPQ2d 1601; In re Smythe, 480 F.2d 1376, 1383, 178 USPQ 279, 284985 (CCPA 1973) ("In other cases, particularly but not necessarily, chemical cases, where there is unpredictability in performance of certain species or subcombinations other than those specifically enumerated, one skilled in the art may be found not to have been placed in possession of a genus ...") Regents" of the University of California v. Eli Lilly & Co., 43 USPQ2d 1398.
The MPEP further states that if a biomolecule is described only by a functional characteristic, without any disclosed correlation between function and structure of the sequence, it is "not sufficient characteristic for written description purposes, even when accompanied by a method of obtaining the claimed sequence." MPEP § 2163. The MPEP does state that for a generic claim the genus can be adequately described if the disclosure presents a sufficient number of representative species that encompass the genus. MPEP § 2163. If the genus has a substantial variance, the disclosure must describe a sufficient variety of species to reflect the variation within that genus. See MPEP § 2163. Although the MPEP does not define what constitute a sufficient number of representative species, the courts have indicated what do not constitute a representative number of species to adequately describe a broad generic. In Gostelli, the courts determined that the disclosure of two chemical compounds within a subgenus did not describe that subgenus. In re Gostelli, 872, F.2d at 1012, 10 USPQ2d at 1618. The MPEP lists factors that can be used to determine if sufficient evidence of possession has been furnished in the disclosure of the Application. These include "level of skill and knowledge in the art, partial structure, physical and/or chemical properties, functional characteristics alone or coupled with a known or disclosed correlation between structure and function, and the method of making the claimed invention. Disclosure of any combination of such identifying characteristics that distinguish the claimed invention from other materials and would lead one of skill in the art to the conclusion that the applicant was in possession of the claimed species is sufficient." MPEP § 2163. While all of the factors have been considered, a sufficient amount for a prima facie case is discussed below.
Further, to provide evidence of possession of a claimed genus, the specification must provide sufficient distinguishing identifying characteristics of the genus. The factors to be considered include: a) the scope of the invention; b) actual reduction to practice; c) disclosure of drawings or structural chemical formulas; d) relevant identifying characteristics including complete structure, partial structure, physical and/or chemical properties, and structure/function correlation; e) method of making the claimed compounds; f) level of skill and knowledge in the art; and g) predictability in the art.
Moreover, Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1117 (Fed. Cir.1991), states that "applicant must convey with reasonable clarity to those skilled in the art that, as of the filing date sought, he or she was in possession of the invention. The invention is, for purposes of the 'written description' inquiry, whatever is now claimed" (See page 1117). The specification does not "clearly allow persons of ordinary skill in the art to recognize that [he or she] invented what is claimed" (See Vas-Cath at page 1116). The skilled artisan cannot envision the detailed method steps of the encompassed genus of enzymes, the specific plant(s) used in the extraction process, or the compound used as dilute basic aqueous solution, the step(s) to extract inulin-containing composition; steps to separate plant material composition from the inulin-containing composition; the specific enzyme(s) used; centrifuging the milled product at what speed to separate rubber from other material; and obtaining the rubber. Therefore, conception is not achieved until reduction to practice has occurred, regardless of the complexity or simplicity of the method of isolation.
Adequate written description requires more than a mere statement that it is part of the invention and reference to a potential method of isolating it. The compound itself is required. See Fiers v. Revel, 25 USPQ2d 1601 at 1606 (CAFC 1993).
Therefore, for all these reasons the specification lacks adequate written description, and one of skill in the art cannot reasonably conclude that the applicant had possession of the claimed invention at the time the instant application was filed.
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 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 nonobviousness.
Claim(s) 1-2, 4-12, 14-15, 17-18 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DIJK, Peter Johannes et al. [US 2021/0087300 A1 (2021-03-25)]; US 2019/0233595 Al to GEA Mechanical Equipment GmbH (hereinafter "HRUSCHKA"), "Natural rubber from Russian Dandelion" to Eastern Regional Research Laboratory (hereinafter "ESKEW"), and further in view of Cornish, Katrina et al. [US 2016/0304830 (Oct 20, 2016)].
Claims are described above in paragraph 6.
DIJK et al. teaches a method of purifying rubber from a plant that naturally produces rubber, the method comprising: a) contacting plant material with hot water or a dilute basic aqueous solution (plant material is boiled in water; paragraphs [0042, 0048, 0081]; Table 1), thereby forming a plant material. containing inulin and rubber having a concentration of 3% or less of water extractable materials by weight (following said boiling treatment, the resulting raw plant material composition contains inulin and rubber, wherein said rubber has a concentration of up to 99% pure isoprene polymers and 1% water extractable materials including proteins and/or fatty acids; paragraphs [0011, 0014, 0047-0048; 0061]); b) separating the plant material composition from the inulin-containing composition (inulin is obtained (i.e., isolated) from the raw plant material composition; paragraphs [0047-0048, 0075]), c) ball milling the plant material composition in the presence of-enzymes (cellulase, pectinase, and/or macerase enzymes may be added to the plant material composition either prior to or during ball milling; paragraphs [0057-0059, 0093, 0096]); d) isolating the product of step c) to separate rubber from other material; and e) removing the rubber (the rubber is isolated from other material and made into car tires or other products; paragraphs [0075-0076]). DIJK does not disclose, in step a), the plant material composition having a concentration of 3% or less of water extractable materials by weight. While the rubber portion of said plant material composition of DIJK appears to have a concentration of 3% or less of water extractable materials by weight (paragraphs [0014, 0061]), it is not definitive whether it is the entire plant material composition which has said specific concentration as claimed. While DIJK teaches, in step c), ball-milling the plant material composition in the presence of enzymes, DIJK does not disclose, in step c), specifically pebble-milling the plant material composition in the presence of enzymes. Further, DIJK does not disclose, in step d), specifically centrifugating the product of step c) to separate rubber from other material.
However, HRUSCHKA discloses purifying rubber extracted from dandelion material, the field of endeavor to which DIJK directly pertains, to immerse the dandelion material in hot water until a dandelion material composition comprising inulin and rubber has a concentration of 3% or less of water extractable materials by weight (dandelion roots are immersed for 40 minutes in hot water at a temperature of 22°C, thereby forming a plant material composition of 3 degrees Brix (3% by weight of water-extractable sugars) and an inulin-containing composition; paragraphs [0018-0019, 0141-0143] in HRUSCHKA). Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified and/or substituted step a) in DIJK such that the resulting plant material composition has a concentration of 3% or less of water extractable materials by weight, in order to minimize the amount of undesired water extractable materials in the resulting plant composition.
Further, Eskew discloses purifying rubber from dandelions, the field of endeavor to which DIJK directly pertains, to use pebble-milling on said dandelions to extract and isolate their rubber, and to use centrifugation to further purify said rubber (boiled and leached dandelion material undergoes pebble-milling at least twice to extract rubber material, and said rubber then undergoes centrifugation to remove excess water; see Rubber-Recovery Process: paragraph 1 on pg. 858 of ESKEW and paragraph [0004] of DIJK). Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified and/or replaced the ball-milling and rubber-isolating steps of DIJK with specifically pebble-milling and centrifugation, as taught by ESKEW, in order to sufficiently purify the extracted rubber in such a conventionally reliable manner.
As per Claim 2, DIJK in combination with HRUSCHKA and ESKEW teach the method of claim 1, and DIJK further teaches wherein the plant that naturally produces rubber comprises Taraxacum officianales or Taraxacum Kok-Saghyz (Russian dandelion) (in a preferred embodiment, rubber is obtained from Taraxacum Kok-Saghyz; paragraphs [0013, 0041, 0078]).
US 20160304830 A1 (Katrina et al.) teaches, highlights and supports using the live Thermomyces lanuginosus the various limitations of claims 1-2, 4-12, 14-15, 17-18 & 20. However, the reference teaches that the live organism contains the necessary enzyme(s) as shown below in the Figures; as well the various limitations to the claims barring certain obvious details and variations in the claims.
1. A method for enhancing yield of natural rubber from plant material, comprising the steps of: a) providing an aqueous solution or slurry comprising plant material, wherein the plant material comprises natural rubber; b) inoculating the aqueous solution or slurry with an effective amount of live Thermomyces lanuginosus or one or more derivatives thereof; c) incubating the aqueous solution or slurry with the effective amount of live Thermomyces lanuginosus or one or more derivatives thereof; and d) recovering natural rubber from the aqueous solution or slurry following the incubation.
2. The method of claim 1, wherein the plant material is chopped, ground, homogenized, or a combination thereof.
3. The method of claim 1, wherein the plant material is subjected to an alkaline pretreatment prior to the inoculation.
4. The method of any one of claims 1-4, wherein inulin is extracted from the plant material prior to the inoculation.
5. The method of claim 5, wherein the inulin is extracted by boiling the aqueous solution or slurry comprising the plant material one or more times.
6. The method of claim 5, wherein the plant material is filtered following each of the one or more times the aqueous solution or slurry comprising the plant material is boiled.
7. The method of claim 1, wherein the plant material is a plant or a part of a plant selected from the group of plants consisting of: Rubber dandelion (Taraxacum kok-saghyz); guayule (Parthenium argentatum); rubber tree (Hevea brasiliensis); gopher plant (Euphorbia lathyris); mariola (Parthenium incanum); rabbitbrush (Chrysothanmus nauseosus); candelilla (Pedilanthus macrocarpus); Madagascar rubber vine (Cryptostegia grandiflora); milkweeds (Asclepias spp.); goldenrods (Solidago spp.); Scorzonera tau-saghyz; mountain mint (Pycnanthemum incanum); American germander (Teucreum canadense); tall bellflower (Campanula americana); Palaquium gutta; rubber fig (Ficus elastic); Indian banyan (Ficus benghalensis); Panama rubber tree (Castilla elastic); prickly lettuce (Lactuca seriola); crisphead lettuce (Lactuca sativa); pale Indian plantain (Cacalia atriplicifolia); Canada germander (Teucrium canadense); sunflower (Helianthus annus); painted spurge (Euphorbia heterophylla); Euphorbia lactiflua; Euphorbia characias; jackfruit (Artocarpus heterophyllus); and a combination thereof.
8. The method of claim 1, wherein the plant material is a plant or a root of Taraxacum kok-saghyz.
9. The method of claim 1, wherein the effective amount is an amount of live Thermomyces lanuginosus or one or more derivatives thereof capable of disrupting bonds between a bagasse fraction of the plant material and a natural rubber fraction of the plant material, thereby enhancing yield of natural rubber from the plant material relative to a method wherein live Thermomyces lanuginosus or one or more derivatives thereof are not employed.
10. The method of claim 9, wherein yield of natural rubber from the plant material is enhanced by a percentage relative to a method wherein live Thermomyces lanuginosus or one or more derivatives thereof are not employed selected from the group consisting of: at least 10%; at least 25%; at least 50%; at least 75%; at least 100%; at least 150%; at least 200%; at least 250%; at least 300%; at least 350%; at least 400%; and at least 450%; and at least 500%.
11. The method of any one of claims 1-10, wherein the one or more derivatives of the live Thermomyces lanuginosus comprises a crude enzyme extract, one or more purified enzymes isolated from a crude enzyme extract, or a combination thereof.
12. The method of any one of claims 1-11, wherein the live Thermomyces lanuginosus is Thermomyces lanuginosus isolate STm, the partial genome sequence of which is accessible as GenBank accession number KJ432867.1.
13. The method of claim 1, wherein the incubation occurs at a temperature selected from the group of temperatures consisting of: at least 40° C.; at least 45° C.; at least 50° C.; at least 55° C.; at least 60° C.; at least 65° C.; at least 70° C.; at least 75° C.; at least 80° C.; at least 85° C.; and at least 90° C.
14. The method of claim 1, wherein the incubation occurs at a temperature of about 40° C. to about 90° C.
15. The method of any one of claim 1, 13, or 14, wherein the incubation occurs for a duration selected from the group consisting of: at least 12 hours; at least 24 hours; at least 36 hours; at least 48 hours; at least 72 hours; at least 96 hours; at least 120 hours; at least 144 hours; and at least 168 hours.
16. The method of claim 1, wherein the natural rubber is recovered by a method selected from the group consisting of: flotation and skimming; solvent extraction; centrifugation; and a combination thereof.
17. The method of claim 1, further comprising recovering fermentable sugars, lignin, or a combination thereof from the aqueous solution or slurry.
18. A method for purifying natural rubber comprising the steps of: a) providing a natural rubber; and b) contacting the natural rubber with an effective amount of Thermomyces lanuginosus or one or more derivatives thereof, thereby purifying the natural rubber.
19. The method of claim 18, wherein the natural rubber is provided in an aqueous solution, wherein the rubber has a water content selected from the group consisting of: at least 10%; at least 20%; at least 30%; at least 40%; at least 50%; and about 60%.
20. The method of claim 18 wherein the natural rubber had previously been purified by a method other than that of claim 18.
21. The method of claim 18 or claim 20, wherein the effective amount is an amount of live Thermomyces lanuginosus or one or more derivatives thereof capable dissolving at least a fraction of solids entrained in the natural rubber.
22. The method of claim 18, wherein the one or more derivatives of the live Thermomyces lanuginosus comprises a crude enzyme extract, one or more purified enzymes isolated from a crude enzyme extract, or a combination thereof.
23. The method of claim 18, wherein the live Thermomyces lanuginosus is Thermomyces lanuginosus isolate STm, the partial genome sequence of which is accessible as GenBank accession number KJ432867.1.
24. The method of claim 18, wherein the contacting step occurs for a duration selected from the group consisting of: at least 12 hours; at least 24 hours; at least 36 hours; at least 48 hours; at least 72 hours; at least 96 hours; at least 120 hours; at least 144 hours; and at least 168 hours.
25. The method of claim 18, wherein the contacting step occurs at a temperature of about 40° C. to about 90° C.
26. The method of claim 18, wherein the contacting step occurs at a temperature of about 50° C.
27. A method for lignocellulosic biomass saccharification comprising the steps of: a) providing an aqueous solution or slurry comprising lignocellulosic plant material; b) inoculating the aqueous solution or slurry with an effective amount of Thermomyces lanuginosus or one or more derivatives thereof; c) incubating the aqueous solution or slurry with the effective amount of Thermomyces lanuginosus or one or more derivatives thereof; and d) recovering fermentable sugars from the aqueous solution or slurry following the incubation.
28. The method of claim 27, wherein the plant material is ground, chopped, milled, homogenized, or a combination thereof.
29. The method of claim 28, wherein the plant material is filtered.
30. The method of claim 27, wherein the plant material is subjected to an alkaline pretreatment prior to the inoculation.
31. The method of claim 27, wherein the one or more derivatives of the live Thermomyces lanuginosus comprises a crude enzyme extract, one or more purified enzymes isolated from a crude enzyme extract, or a combination thereof.
32. The method of claim 27, wherein the live Thermomyces lanuginosus is Thermomyces lanuginosus isolate STm, the partial genome sequence of which is accessible as GenBank accession number KJ432867.1.
33. The method of claim 27, wherein the incubation occurs at a temperature selected from the group of temperatures consisting of: at least 40° C.; at least 45° C.; at least 50° C.; at least 55° C.; at least 60° C.; at least 65° C.; at least 70° C.; at least 75° C.; at least 80° C.; at least 85° C.; and at least 90° C.
34. The method of claim 27, wherein the incubation occurs at a temperature of about 40° C. to about 90° C.
35. The method of claim 27, wherein the incubation occurs for a duration selected from the group consisting of: at least 12 hours; at least 24 hours; at least 36 hours; at least 48 hours; at least 72 hours; at least 96 hours; at least 120 hours; at least 144 hours; and at least 168 hours.
36. The method of claim 27, wherein the fermentable sugars are recovered by collecting a supernatant, wherein the supernatant comprises the fermentable sugars.
37. The method of claim 36, wherein the supernatant is generated by a method selected from the group consisting of: settling; centrifugation; and a combination thereof.
38. The method of claim 36 or 37, wherein the fermentable sugars are concentrated by a method selected from the group consisting of: evaporation; spray drying; and a combination thereof.
39. A method for lignocellulosic biomass saccharification and enhancing yield of natural rubber from plant materials, comprising the steps of: a) providing an aqueous solution or slurry comprising lignocellulosic plant material, wherein the lignocellulosic plant material comprises natural rubber; b) inoculating the aqueous solution or slurry with an effective amount of Thermomyces lanuginosus or one or more derivatives thereof; c) incubating the aqueous solution or slurry with the effective amount of Thermomyces lanuginosus or one or more derivatives thereof; and d) extracting and recovering natural rubber and fermentable sugars substantially simultaneously from the aqueous solution or slurry following the incubation.
40. The method of claim 39, further comprising recovering lignin from the aqueous solution or slurry.
41. A method for extracting lignin from lignocellulosic plant material, comprising the steps of: a) providing an aqueous solution or slurry comprising lignocellulosic plant material; b) inoculating the aqueous solution or slurry with an effective amount of Thermomyces lanuginosus or one or more derivatives thereof; c) incubating the aqueous solution or slurry with the effective amount of Thermomyces lanuginosus or one or more derivatives thereof; and d) extracting and recovering lignin from the aqueous solution or slurry.
42. A method for producing a crude enzyme extract for the use in any one of the claims herein, comprising: a) providing lignocellulosic biomass, wherein the lignocellulosic biomass is a biomass of a hardwood plant species comprising terpene resins; b) submerging the lignocellulosic biomass in an aqueous solution; c) inoculating the lignocellulosic biomass with Thermomyces lanuginosus; d) incubating the lignocellulosic biomass inoculated with Thermomyces lanuginosus; and e) recovering the aqueous solution, wherein the aqueous solution comprises a crude enzyme extract.
43. The method of claim 42, wherein the Thermomyces lanuginosus is Thermomyces lanuginosus isolate STm, the partial genome sequence of which is accessible as GenBank accession number KJ432867.1.
44. The method of claim 42, wherein the lignocellulosic biomass is biomass of a plant selected from the group consisting of: guayule (Parthenium argentatum); and Eucalyptus spp.
45. The method of claim 42, wherein the lignocellulosic biomass is biomass of guayule (Parthenium argentatum).
46. The method of claim 42, wherein the incubation occurs for a duration selected from the group consisting of: at least 4 days; at least 5 days; at least 6 days; at least 7 days; at least 8 days; at least 9 days; and at least 10 days.
47. The method of claim 42, wherein the lignocellulosic occurs at a temperature selected from the group of temperatures consisting of: at least 30° C.; at least 35° C.; at least 40° C.; at least 45° C.; at least 50° C.; at least 55° C.; at least 60° C.; at least 65° C.; and at least 70° C.
48. The method of claim 42, wherein the incubation occurs at a temperature of about 55° C.
49. A crude enzyme extract produced by the method of claim 42.
50. A crude enzyme extract comprising extracellular enzymes from Thermomyces lanuginosus.
51. The crude enzyme extract of claim 50, wherein the Thermomyces lanuginosus is Thermomyces lanuginosus isolate STm, the partial genome sequence of which is accessible as GenBank accession number KJ432867.1.
52. The invention as disclosed and described herein.
It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art of enzymology/plant science to combine the teachings of the cited art to develop a method encompassing the steps of the claimed invention and do so reasonable expectation of success. One skilled in the art would have been motivated in view of the importance of - Natural rubber cis-polyisoprene, with a molecular mass of 10,000 to 10 million g/mol, is one of the world's most important industrial raw materials. Plant-derived natural rubber is used in over 50,000 different products (See paragraph 2 in US 2016/0304830 A1). There is a strong reliance on natural rubber for the manufacture of these products. Thus, the claimed invention was within the ordinary skill in the art to make and use at the time was made and was as a whole, prima facie obvious.
PNG
media_image1.png
544
938
media_image1.png
Greyscale
PNG
media_image2.png
630
946
media_image2.png
Greyscale
[0025] FIG. 5B: Diagram showing extracellular enzymes produced by Thermomyces lanuginosus grown on guayule bagasse. From - US 20160304830 A1 (Katrina et al.)
[0026] FIG. 6A: Bar graph showing enzyme activity of extracellular enzymes produces by Thermomyces lanuginosus grown on wheat straw. Enzyme activities can be found in Table 1 (Example 1). From - US 20160304830 A1 (Katrina et al.)
Note: US 20160304830 A1 (Katrina et al.) teaches, highlights and supports using the live Thermomyces lanuginosus – but the reference (see figures above) highlights the presence of various enzymes including xylanase, pectinase etc. that are native to T. lanuginosus and can be isolated and used and be effective substitutedly or employed instead of the live Thermomyces lanuginosus.
8. No claim is allowed.
9. 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