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 .
Status of the Claims
Claims 1-20 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Objection
Claim 1 is objected to because of the following informalities:
Claim 1, line 12: “the solid-state fermentation” should read “a solid-state fermentation” since the first recitation in step 4 is merely a label of the step. For clarity, “a solid-state fermentation” better represents that the applied tobacco stem or applied cut rolled stems are subjected to a solid-state fermentation and not a previously disclosed or an undisclosed solid-state fermentation.
Appropriate correction is required.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 111685364 A, cited on the IDS dated 8/14/2025, English Translation provided by Examiner) in view of Ness (US 2010/0291653 A1) and Yan (CN 104223348 A, English Translation).
Regarding Claim 1, Ma, directed to lignin degradation ([0025]) and tobacco processes ([0009]), teaches a method for improving a sensory quality of a cut rolled stem using a microorganism fermentation broth ([0009], the present invention provides a method for solid-state fermentation of tobacco stems using Paecilomyces simulans liquid filtrate; and [0025], Compared with direct enzyme treatment of tobacco stems, the present invention achieves more complete lignin degradation and higher sensory quality), comprising the following steps:
step 1, a fermentation broth preparation: subjecting the microorganism to a first-stage cultivation and then to a second-stage expanded cultivation in a fermentation tank to obtain a solution, and filtering the solution to obtain a clear fermentation broth ([0009]-[0014], the present invention provides a method for solid-state fermentation of tobacco stems using Paecilomyces simulans liquid filtrate comprising: (1) Slant culture: The Penicillium strain was inoculated onto a slant culture medium and cultured to obtain the slant culture; (2) Seed culture: The slant culture obtained in step (1) is inoculated into seed culture medium and cultured for 3 to 6 days at a constant rotation speed and temperature to obtain seed culture (first-stage cultivation); (3) Fermentation culture of Paecilomyces: The seed liquid obtained in step (2) is inoculated into Paecilomyces fermentation medium and fermented for 5 to 7 days to obtain Paecilomyces liquid (second-stage expanded cultivation); (4) Filtration of bacterial solution: The Paecilomyces bacterial solution obtained in step (3) is filtered to obtain filtrate (clear fermentation broth); and [0041], The cultured seed liquid was inoculated into a Paecilomyces fermentation culture tank 6);
step 2, conducting a pretreatment on a tobacco stem to obtain a pretreated tobacco stem or the cut rolled stem, wherein the pretreatment is one or more treatments of a sieving, a stem washing and soaking, a heating and humidifying, a stem storage, and a shredding ([0009]-[0014], The method comprising: (5) Solid-state fermentation of tobacco stems; and [0020], the solid fermentation medium is 100% tobacco stem shreds; The stems must be shred before the solid state fermentation);
step 3, a fermentation broth application: applying the clear fermentation broth to the pretreated tobacco stem or the cut rolled stem ([0009]-[0014], The method comprising: (5) Solid-state fermentation of tobacco stems; Spray the filtrate ((clear fermentation broth) evenly onto the tobacco stems (pretreated tobacco stem))
step 4, a solid-state fermentation: subjecting an applied tobacco stem or an applied cut rolled stem to the solid-state fermentation to obtain a fermented tobacco stem or a fermented cut rolled stem ([0009]-[0014], The method comprising: (5) Solid-state fermentation of tobacco stems; Spray the filtrate ((clear fermentation broth) evenly onto the tobacco stems (pretreated tobacco stem) and ferment at a constant temperature of 40-50℃ in a fermentation tank for 5-10 hours to obtain a fermented tobacco stem),
but does not teach the method i) wherein the microorganism is Ganoderma lucidum, wherein the solution is a fungal solution, ii) the method comprising: step 5, drying the fermented tobacco stem or the fermented cut rolled stem.
With respect to i), Ness, directed to lignin degradation ([0010], [0163]), demonstrates that Ganoderma lucidum is a lignocellulose degrading organism capable of degrading lignin from a plant cell wall ([0010], [0163]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Ma wherein Ganoderma lucidum is used in the place of the Paecilomyces species such that the solution is a fungal solution because Ma and Ness are directed to lignin degradation, Ma states that the object of the method is to degrade lignin from the cell walls of tobacco stems using a microorganism (Ma, [0004]), Ness demonstrates that Ganoderma lucidum is a lignocellulose degrading organism capable of degrading lignin from a plant cell wall ([0010], [0163]), and this involves substituting one microorganism for another to yield predictable results.
With respect to ii), Yan, directed to tobacco processes ([0013]-[0016]), teaches a method comprising fermentation: subjecting a tobacco stem to fermentation to obtain a fermented tobacco stem ([0013]-[0017], Tobacco stems are soaked (fermented) in an enzyme solution); and
drying the fermented tobacco stem ([0013]-[0018], Tobacco stems are soaked (fermented) in an enzyme solution, then placed in an oven to reduce moisture content to 10-30%, then placed in a microwave expansion device for 20-80s to dry the tobacco stem).
It would have been obvious to one of ordinary skill in the art before the effective filing date to dry the fermented tobacco stem after the fermentation step (4) disclosed by Ma because Ma and Yan are directed to tobacco fermentation, Yan demonstrates that microwave expansion can effectively increase the aroma components of tobacco stems, making the stems softer and fluffier, reducing the content of
stem chunks and stem pieces in the stems, thereby improving the purity of the stems (Yan, [0006]), one of ordinary skill in the art would understand that the fermentation liquid must be removed before the tobacco stem can be used in a cigarette, and this involves combining prior art elements according to known methods.
Regarding Claim 2, Ma in view of Ness and Yan teaches the method for improving the sensory quality of the cut rolled stem using the Ganoderma lucidum fermentation broth according to claim 1. Ma further teaches the method wherein in the step 1, a medium for the first-stage cultivation and the second-stage expanded cultivation is a potato dextrose broth (PDB) medium or a potato dextrose agar (PDA) medium ([0034]-[0035], (1) Slant culture medium, namely potato culture medium (PDA culture medium): potato 200g /L, glucose 20g/L, agar 20g/L, pH natural, sterilize at 121℃ for 20 minutes; and (2) Seed culture medium: glucose 20g/L, potato 200g/L, pH natural, sterilized at 121℃ for 20 Minutes),
but does not teach the method wherein at an end of the second-stage expanded cultivation, an enzymatic activity of laccase of the fungal solution is 50,000 U/L to 300,000 U/L.
The precise enzymatic activity of laccase of the fungal solution would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the degree and rate of lignin degradation is a variable which can be modified by the amount of the enzymatic activity of laccase of the fungal solution (Ma, [0024], [0041]; and Ness, [0086]). As such, without showing unexpected results, the claimed enzymatic activity cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the enzymatic activity by routine experimentation to obtain the desired degree and rate of lignin degradation, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Regarding Claim 3, Ma in view of Ness and Yan teaches the method for improving the sensory quality of the cut rolled stem using the Ganoderma lucidum fermentation broth according to claim 1. Ma further teaches the method wherein in the step 1, the fungal solution is filtered with a plate and frame filter, and the plate and frame filter has a mesh diameter of smaller than or equal to 1,000 μm ([0041], After continuous culture for 5-7 days, a Paecilomyces liquid with a certain enzyme activity was obtained. The
liquid was then transported to a plate and frame filter press 9. The plate and frame filter press 9 was composed of 10 layers of filter plates 10. A microporous filter membrane was sandwiched between the filter plates by compression pressure. The microporous filter membrane had a diameter of 30 cm
and a pore size of 100-1000 μm).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 111685364 A, cited on the IDS dated 8/14/2025, English Translation provided by Examiner) in view of Ness (US 2010/0291653 A1) and Yan (CN 104223348 A, English Translation) as applied to Claim 1, and further in view of Cai (CN 113215062 A, English Translation).
Regarding Claim 4, Ma further teaches the method wherein in the step 4, the solid-state fermentation is conducted for 4 h to 24 h at a fermentation temperature of 30°C to 60°C ([0009]-[0014], The method comprising: (5) Solid-state fermentation of tobacco stems; Spray the filtrate ((clear fermentation broth) evenly onto the tobacco stems (pretreated tobacco stem) and ferment at a constant temperature of 40-50℃ in a fermentation tank for 5-10 hours to obtain a fermented tobacco stem),
but does not teach the method wherein the solid-state fermentation is conducted at a relative humidity of 70% to 90%.
Cai, directed to tobacco processes ([n0001]), teaches a method ([n0001], [n0064]-[n0084], Example 2) comprising:
step 1, a fermentation broth preparation ([n0064]-[n0067], Biological agent preparation: The selected strains were inoculated into LB liquid medium containing tobacco extract and cultured at 37°C with shaking for 24 hours. The fermentation broth was centrifuged at 10000g and 4°C for 10 minutes);
step 3, a fermentation broth application: spraying a fermentation broth on a tobacco material ([n0073], The biological agent was diluted with sterile water, and then sprayed evenly onto the surface of tobacco leaves),
step 4, solid-state fermentation, wherein the solid-state fermentation is conducted for 4 h to 24 h at a fermentation temperature of 30°C to 60°C and a relative humidity of 70% to 90% ([n0073], After mixing evenly, the leaves were cultured in a temperature and humidity controlled incubator at 37℃ and 70% humidity for 24 hours).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Ma in view of Ness, and Yan wherein the solid-state fermentation is conducted a relative humidity of 70% to 90%.as taught by Cai because Ma and Cai are directed to tobacco processes, Cai demonstrates that a fermentation temperature of 30°C to 60°C and a relative humidity of 70% to 90% are suitable conditions for tobacco fermentation involving a microorganism (Cai, [n0073]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 5-7, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 111685364 A, cited on the IDS dated 8/14/2025, English Translation provided by Examiner) in view of Ness (US 2010/0291653 A1) and Yan (CN 104223348 A, English Translation) as applied to Claims 1-3, and further in view of Li (CN 114938860 A, English Translation) and Cai (CN 113215062 A, English Translation).
Regarding Claims 5-6, 15-16, and 18-19, Ma in view of Ness and Yan does not teach the method i) wherein in the step 2. Ma further teaches the method wherein the clear fermentation broth is applied as follows: spraying the clear fermentation broth by a feeding machine ([0041], Fig. 1 shows a schematic of the equipment required to perform the method. The filtrate (clear fermentation broth) obtained from plate and filter press 9 was then transported to a solid fermentation tank 12 containing tobacco stems through the liquid transport pipe 8 (a machine capable of feeding the filtrate) and fermented at a constant temperature of 40-50℃ for 5-10 hours),
but does not teach the method i) wherein the pretreatment comprises the sieving, the stem washing and soaking, the heating and humidifying, the stem storage, and the shredding, sequentially, and after the pretreatment, the cut rolled stem is obtained; before the clear fermentation broth is applied, the cut rolled stem is heated and humidified; and ii) the clear fermentation broth is applied as follows: spraying a diluted clear fermentation broth on a surface of a heated and humidified cut rolled stem with an application proportion of 0.5 wt% to 2.0 wt%, wherein after the clear fermentation broth is diluted, an enzymatic activity of laccase of the diluted clear fermentation broth is 10,000 U/L to 50,000 U/L.
With respect to i), Li, directed to tobacco processes ([n0001]), teaches a method of pretreating tobacco stems ([n0001], [n0066], Example 1), comprising:
sieving ([n0067], (1) The tobacco stems after leaf-stem separation are fed into a high-frequency vibrating screen through a storage-type feeder. Under the action of high-frequency vibration, the stem heads, short stems and broken stems are removed by grading and screening. Long stems with a length of not less than 20 mm and a radius of 3.0±0.5 mm are collected, accounting for about 93% of the total weight of tobacco stems fed),
stem washing and soaking ([n0083]-[n0085], Example 2 starts with the same sieving step (1), followed by (2): The long stems are fed into the stem washing machine and washed with circulating hot
water at about 50°C for 15 seconds; and [n0003] shows that stems can be sieved then washed then humidified),
heating and humidifying ([n0068], (2) The long stems are fed into the drum rehumidifier for rehumidification and heating),
stem storage ([n0069], (3) Distribute the rehydrated and heated tobacco stems evenly in the stem storage tank and store them for 1.0 hour at a temperature of 20℃-30℃ and a relative humidity of 40%-70% before discharging), and
shredding, sequentially, and after the pretreatment, the cut rolled stem is obtained ([n0073]-[n0074], (7) The stem slices obtained in step (6) are pressed a second time through a stem pressing
machine with a roller gap of 0.3 mm to obtain stem slices with a thickness of 0.86 mm and a moisture content of 32.03% by weight. (8) Cut (shred) the stem slices obtained in step (7) into stem strips with a width of 0.13 mm); and
before a fermentation broth is applied, the cut rolled stem is heated and humidified ([n0075], (9) Apply cellulase preparation and pectinase preparation evenly to the stems. Apply 450U of cellulase and 600U of pectinase per 1kg of stems, and then enzymatically hydrolyze for 1.5 hours at 30±5℃; and [n0068], The heating and humidifying step occurs at step (2); [n0070]-[n0072], The stems are subjected to steam at steps (4) and (6)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Ma in view of Ness and Yan wherein the pretreatment the sieving, the stem washing and soaking, the heating and humidifying, the stem storage, and the shredding, sequentially, and after the pretreatment, the cut rolled stem is obtained; before the clear fermentation broth is applied, the cut rolled stem is heated and humidified as taught by Li because Ma and Li are directed to tobacco processes, Li demonstrates that the pretreated stems possess uniform color, good moisture uniformity, high filling value, high whole-shred rate, high quality, good stability, and high sensory quality (Li, [n0010]), and this involves combining prior art elements according to known methods to yield predictable results.
Cai, directed to tobacco processes ([n0001]), teaches a method ([n0001], [n0064]-[n0084], Example 2) comprising:
step 1, a fermentation broth preparation ([n0064]-[n0067], Biological agent preparation: The selected strains were inoculated into LB liquid medium containing tobacco extract and cultured at 37°C with shaking for 24 hours. The fermentation broth was centrifuged at 10000g and 4°C for 10 minutes);
step 3, a fermentation broth application: spraying a diluted clear fermentation broth on a tobacco material with an application proportion of 20 wt% ([n0073], The biological agent was diluted with sterile water to a bacterial concentration of 1×10<sup>10</sup>cfu/mL, and then sprayed evenly onto the surface of tobacco leaves at a dosage of 20%).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Ma in view of Ness, Yan, and Li wherein the clear fermentation broth is applied by spraying a diluted clear fermentation broth on a surface of the heated and humidified cut rolled stem as taught by Cai because Ma and Cai are directed to tobacco processes, Cai demonstrates that the concentration of the microorganism within the fermentation broth can be adjusted by diluting the fermentation broth with sterile water (Cai, [n0073]), and this involves combining prior art elements according to known methods to yield predictable results.
The precise application proportion would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the degree and rate of lignin degradation is a variable which can be modified by the concentration of the microorganism in the diluted clear fermentation broth (Ma, [0024], [0041]; and Cai, [n0073]). As such, without showing unexpected results, the claimed application proportion cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the application proportion by routine experimentation to obtain the desired degree and rate of lignin degradation, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
The precise enzymatic activity of laccase of the diluted clear fermentation broth would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the degree and rate of lignin degradation is a variable which can be modified by the amount of the enzymatic activity of laccase of the liquid applied to the tobacco stems (Ma, [0024], [0041]; and Ness, [0086]; and Cai, [n0073]). As such, without showing unexpected results, the claimed enzymatic activity cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the enzymatic activity by routine experimentation to obtain the desired degree and rate of lignin degradation, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Regarding Claim 7, Ma in view of Ness and Yan teaches the method for improving the sensory quality of the cut rolled stem using the Ganoderma lucidum fermentation broth according to claim 6. Ma further teaches the method wherein the solid-state fermentation is conducted in a leaf storage room, the leaf storage room has a temperature of 30°C to 40°C and a storage time is 4 h to 24 ([0009]-[0014], The method comprising: (5) Solid-state fermentation of tobacco stems; Spray the filtrate ((clear fermentation broth) evenly onto the tobacco stems (pretreated tobacco stem) and ferment at a constant temperature of 40-50℃ in a fermentation tank (leaf storage room) for 5-10 hours to obtain a fermented tobacco stem),
As applied to Claim 4, Ma can be modified in view of Cai such that the solid-state fermentation is conducted at a relative humidity of 70% to 90%.
Regarding Claims 17 and 20, Ma in view of Ness, Yan, and Cai teaches the method for improving the sensory quality of the cut rolled stem using the Ganoderma lucidum fermentation broth according to claim 4. Claims 5, and 15-17 have identical limitations. Claims 6, 18-20 have identical limitations. As discussed above regarding claims 5-6, 15-16, and 18-19, Ma can be modified in view of Li and Cai such that the method reads on the limitations of Claims 17 and 20.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 111685364 A, cited on the IDS dated 8/14/2025, English Translation provided by Examiner) in view of Ness (US 2010/0291653 A1), Yan (CN 104223348 A, English Translation), Li (CN 114938860 A, English Translation), and Cai (CN 113215062 A, English Translation) as applied to Claims 1-3, and further in view of Nishimura (US 2014/0020695 A1).
Regarding Claims 8-9, Yan further teaches the method wherein in the step 5, the fermented cut rolled stem is dried with a roller to obtain a dried fermented cut rolled stem with a moisture content of 12.5% to 13.5% ([n0098], The stems are put into a drum dryer for drying under the same drying conditions as step in Example 1, and the stems with a moisture content of 12.5% by weight are obtained),
but does not teach the method wherein in the step 5, the fermented cut rolled stem is expanded and inactivated with a steam before being dried, wherein for an expansion of the fermented cut rolled stem, a steam pressure is 0.3 MPa to 0.5 MPa and a steam flow rate is 600 kg/h to 900 kg/h.
Nishimura, directed to tobacco processes ([0003]-[0005]), teaches a method ([0031]) comprising
providing a stem material having a water content of 25 to 50% ([0031]-[0033]);
shredding the stem material ([0031]-[0039]);
expanding and inactivating the stem material with a steam, wherein the steam has a pressure and a flow rate ([0040]-[0043], the rod-like cut stem materials are promptly and easily expanded by drying with superheated steam. The rod-like cut stem materials may be dried by using heated air stream instead of superheated steam flow. The wet rod-like cut stem materials are expanded excellently and uniformly in the drying with superheated steam, and thus cut stems with further increased filling capacity are manufactured. Flowing superheated steam is necessarily capable of inactivating a stem material. Flowing superheated steam necessarily has a pressure and a flow rate).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Ma in view of Ness, Yan, Li, and Cai wherein in the step 5, the fermented cut rolled stem is expanded and inactivated with a steam before being dried as taught by Nishimura because Ma and Nishimura are directed to tobacco processes, Nishimura demonstrates that expanding and inactivating the stem material with a steam increases the filling capacity of the stems with a high degree of uniformity, while at least partially drying the stems (Nishimura, [0043]), and this involves combining prior art elements according to known methods to yield predictable results.
The precise steam pressure and steam flow rate would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the degree of expansion and the filling capacity of the stems are variables which can be modified by the steam pressure and steam flow rate (Nishimura, [0040]-[0043]). As such, without showing unexpected results, the claimed steam pressure and steam flow rate cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the steam pressure and steam flow rate by routine experimentation to obtain the desired degree of expansion and filling capacity, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Claims 10-11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 111685364 A, cited on the IDS dated 8/14/2025, English Translation provided by Examiner) in view of Ness (US 2010/0291653 A1) and Yan (CN 104223348 A, English Translation) as applied to Claim 1, and further in view of Li (CN 114938860 A, English Translation) and Baskevitch (US 4895175 A).
Regarding Claim 10, As applied to Claim 5-6, 15-16, and 18-19, the method of Ma in view of Ness and Yan can be modified in view of Li such that wherein in the step 2, the pretreatment comprises the sieving, wherein after the pretreatment, the pretreated tobacco stem is obtained (Li, [n0067]).
Ma in view of Ness, Yan, and Li does not teach the method wherein the clear fermentation broth is applied as follows: adding the clear fermentation broth to circulating water in a stem washing and soaking device, and with an enzymatic activity of laccase in the circulating water in the stem washing and soaking device controlled at 3,000 U/L to 10,000 U/L and a temperature of the circulating water controlled at 40°C to 60°C, washing and soaking the pretreated tobacco stem for 20 s to 120 s to obtain a washed and soaked tobacco stem with a moisture content of 20% to 30%, wherein after the pretreated tobacco stem is washed and soaked, the clear fermentation broth is absorbed, and impurities are washed away.
Baskevitch, directed to tobacco processes (col 1, ln 7-12), teaches a tobacco fermentation method (col 5, ln 17 – col 6, ln 2, Example 2),
wherein a fermentation broth is applied by adding the fermentation broth to circulating water in a stem washing and soaking device, and, washing and soaking the tobacco stem to obtain a washed and soaked tobacco stem, wherein after the tobacco stem is washed and soaked, the fermentation broth is absorbed, and impurities are washed away (col 5, ln 17 – col 6, ln 2, Example 2, The reactor used is a 5000-L tank (stem washing and soaking device) equipped with a device for circulating cold or hot water for controlling the temperature. 500 kg of tobacco (including stems) and a fermentation liquid (fermentation broth) are added to the 5000-L tank. The tobacco stem is washed and soaked in the tank, then centrifuged. The fermentation broth is necessarily absorbed by the tobacco stem material, and it is reasonably understood that the impurities are washed away by centrifugation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Ma wherein a fermentation broth is applied by adding the fermentation broth to circulating water in a stem washing and soaking device, and, washing and soaking the pretreated tobacco stem to obtain a washed and soaked tobacco stem, wherein after the pretreated tobacco stem is washed and soaked, the fermentation broth is absorbed, and impurities are washed away as taught by Baskevitch because Ma and Baskevitch are directed to tobacco processes, Baskevitch demonstrates that adding the fermentation broth to circulating water in a stem washing and soaking device allows the circulating water to control the temperature of the fermentation broth while removing impurities by centrifugation (Baskevitch, col 5, ln 17 – col 6, ln 2), and this involves combining prior art elements according to known methods to yield predictable results.
The precise enzymatic activity of laccase in the circulating water would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the degree and rate of lignin degradation is a variable which can be modified by the amount of the enzymatic activity of laccase of the solution which contacts the tobacco stems (Ma, [0024], [0041]; and Ness, [0086]). As such, without showing unexpected results, the claimed enzymatic activity cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the enzymatic activity by routine experimentation to obtain the desired degree and rate of lignin degradation, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
The precise temperature of the circulating water, soaking time, and moisture content of the washed and soaked tobacco stem would have been considered result effective variables by one of ordinary skill in the art before the effective filing date of the invention because the concentration of the fermentation broth applied to the tobacco stem is a variable which can be modified by the temperature of the circulating water, soaking time, and moisture content (Ma, [0024], [0041]; and Baskevitch, col 5, ln 17 – col 6, ln 2). As such, without showing unexpected results, the claimed temperature, time, and moisture content cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the temperature, time, and moisture content by routine experimentation to obtain the desired concentration of the fermentation broth applied to the tobacco stem, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Regarding Claim 11, Ma in view of Ness, Yan, Li, and Baskevitch teaches the method for improving the sensory quality of the cut rolled stem using the Ganoderma lucidum fermentation broth according to claim 10, but does not teach the method wherein the pretreated tobacco stem has a diameter of 8 mm to 10 mm or 3 mm to 4 mm; and a tobacco stem raw material has a moisture content of 11% to 13%.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method wherein the pretreated tobacco stem has a diameter of 8 mm to 10 mm or 3 mm to 4 mm because changing the diameter of the pretreated tobacco stem constitutes change in size to another known size in the art. The change in size, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV A.
The precise moisture content of the tobacco stem raw material would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the fermentation efficiency of the tobacco stem is a variable which can be modified by moisture content of the tobacco stem raw material (Ma, [0005]). As such, without showing unexpected results, the claimed moisture content cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the moisture content by routine experimentation to obtain the desired fermentation efficiency of the tobacco stem, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Regarding Claim 14, Ma in view of Ness and Yan teaches the method for improving the sensory quality of the cut rolled stem using the Ganoderma lucidum fermentation broth according to claim 10. Yan further teaches the method wherein in the step 5, the fermented tobacco stem is dried as follows: delivering the fermented tobacco stem to a microwave drying device, and allowing an expansion, a drying, and an inactivation to obtain a dried fermented tobacco stem, wherein an expansion time is 30 s to 100 s ([0018], (5) Place the soaked tobacco stems in an oven at 100-105℃ and adjust the moisture content of the tobacco stems to 10-30%. Then place the tobacco stems in a microwave expansion device, set the microwave power to 240-1500w, and expand for 20-80s to complete the processing; The application of microwaves to the tobacco stems necessarily heats, dries, and expands the tobacco material by excitation of molecules),
but does not state that the dried fermented tobacco stem has a moisture content of 8% to 10% and an expansion degree of 1.5 to 2.0.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dry the fermented tobacco stem to a moisture content of 8% to 10% because Li discloses that a moisture content between 7% and 14% is ideal for a dried fermented tobacco stem (Li, [n0045]-[n0046]).
The precise expansion degree would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the absorption quality, softness, density, and purity of the stems are variables which can be modified by the expansion degree (Yan, [0006]). As such, without showing unexpected results, the claimed expansion degree cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the expansion degree by routine experimentation to obtain the desired absorption quality, softness, density, and purity, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 111685364 A, cited on the IDS dated 8/14/2025, English Translation provided by Examiner) in view of Ness (US 2010/0291653 A1), Yan (CN 104223348 A, English Translation), Li (CN 114938860 A, English Translation), and Baskevitch (US 4895175 A) as applied to Claim 10, and further in view of Abbott (US 3,749,103 A) and Cai (CN 113215062 A, English Translation).
Regarding Claim 12-13, Ma further teaches the method wherein the solid-state fermentation is conducted for 6 h to 24 h on a fermentation bed, and the fermentation bed has a temperature of 40°C to 60°C ([0009]-[0014], The method comprising: (5) Solid-state fermentation of tobacco stems; Spray the filtrate ((clear fermentation broth) evenly onto the tobacco stems (pretreated tobacco stem) and ferment at a constant temperature of 40-50℃ in a fermentation tank (bed) for 5-10 hours to obtain a fermented tobacco stem),
but does not teach the method i) wherein after the pretreated tobacco stem is washed and soaked, the washed and soaked tobacco stem is delivered by a mesh belt to the fermentation bed, and free water on a surface of the washed and soaked tobacco stem is drained during a delivering, ii) wherein the fermentation bed has a temperature of 40°C to 60°C and a relative humidity of 70% to 90%.
With respect to i), Abbott, directed to tobacco processes (col 1, ln 48-51), teaches a mesh belt capable of transporting a washed tobacco material, free water on a surface of the washed tobacco material is drained during a transporting (col 4, ln 40-50, The tank 40 is filled with water which soaks the tobacco to a moisture content of 70 to percent. The downstream end of a conveyor 41 has a drum 42 mounted in the tank 40 below the surface of the water. An endless wire mesh conveyor belt 42, having an upper run 43 and a lower run 44, is received over drum 42. The wire mesh conveyor belt, which defines a continuous screen, has small closely spaced openings through which excess water drains).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention wherein after the pretreated tobacco stem is washed and soaked, the washed and soaked tobacco stem is delivered by a mesh belt to the fermentation bed, and free water on a surface of the washed and soaked tobacco stem is drained during a delivering because Ma and Abbott are directed to tobacco processes, Abbott demonstrates that a wire mesh conveyor belt is capable of transporting a tobacco material while allowing excess water to drain (Abbott, col 4, ln 40-50), and this involves combining prior art elements according to known methods to yield predictable results.
With respect to ii), As applied to Claim 4, Ma can be modified in view of Cai such that the fermentation occurs in an atmosphere having a relative humidity of 70% to 90%.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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