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) submitted on 2/8/24, 6/5/24 (1st on this date), 6/5/24 (2nd one on this date), 9/24/25 is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1, 4-10, 14-15, 19-20, 23-29) in the reply filed on June 25, 2026 is acknowledged.
However, upon further consideration, the restriction requirement set forth in the office action mailed June 17, 2026 is withdrawn. Claims 15, 19, 20, 23, 24, and 25 are fully examined for patentability under 37 CFR 1.104.
Claim Status
Claims 1, 4-10, 14-15, 19-20, and 23-29 are pending and are examined.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4-10, 14-15, 19-20, and 23-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Angel (US Pub 2014/0273150).
Regarding Claim 1, Angel teaches a method of treating water and/or soil by contacting the water and/or the soil with a Bacillus strain to remove a hydrocarbon, the method comprising contacting the water and/or the soil with an effective amount of an isolated Bacillus strain selected from the group consisting of Bacillus strains Bacillus licheniformis MDG-1000 (NRRL No. B-67888), Bacillus pumilus MDG-1047 (NRRL No. B-67891), Bacillus amyloliquefaciens MDG1607 (NRRL No. B-67666), and strains having all of the identifying characteristics of these strains, and removing the hydrocarbon ([0014] In another aspect, the disclosure relates to a method for removing hydrocarbons from an area that is contaminated by hydrocarbons comprising (a) providing an amount of a composition as disclosed herein, and (b) applying an amount of the composition to at least a portion of the area contaminated by hydrocarbons, wherein the applying is performed under conditions that allow for the hydrocarbons to be removed. [0015] In yet another aspect, the disclosure provides a method for promoting bioremediation in an area contaminated by a hydrocarbon comprising (a) providing an amount of a composition as disclosed herein, and (b) applying an amount of the composition to at least a portion of the area contaminated by the hydrocarbon, wherein applying is performed under condition that allow the composition to promote in situ bioremediation. [0016] In a further aspect, the disclosure provides a method for cleaning hydrocarbons from a surface that is contaminated by hydrocarbons comprising (a) providing an amount of a composition as disclosed herein, and (b) applying an amount of the composition to at least a portion of the surface contaminated by hydrocarbons, wherein the applying is performed under conditions that allow for the hydrocarbons to be removed. [0017] In embodiments of the above methods, the contaminated area may be a body of water selected from seawater, fresh water, brackish water, wetland, swamp, or ice. In other embodiments, the contaminated area may be a land mass. In further embodiments, the contaminated area may comprise a natural or man-made solid surface selected from the group consisting of plants, rocks, soils, metals, plastics, rubber, woven fiber, and concrete. In some embodiments the methods relate to cleaning of containers used to hold hydrocarbons such as, for example, oil tanker liners, metal holding drums, refinery holding tanks, waste containment vessels, and the like. [0052] Non-limiting examples include bacteria species selected from of the genus Pseudomonas (e.g., P. putida, P. oleovorans, P. fluororescens), Achromobacter, Arthrobacter, Bacillus (e.g., B. licheniformis, B. subtilis, B. amyloliquefaciens, B. pumilus), Lactobacillus (e.g., L. acidophilus, L. salivarius bifidum), Micrococcus, Nocardia, Vibrio, Acinetobacter, Brevibacterium, Corynebacterium, Flavobacterium, Leucothrix, Rhizobium, Spirillum, Xanthomonas, Alcaligenes, Cytophaga, Thermomicrobium, Klebsiella, Enterobacter, or Sphaerotilus. These strains taught by Angel include all the strains having all of the identifying characteristics of these strains as listed in the claim).
Regarding Claim 4, Angel teaches the method of claim 1 wherein the hydrocarbon is a short- chain to medium-chain hydrocarbon ([0032] it generally contains alkanes having from 5 to 40 carbon atoms per molecule).
Regarding Claim 5, Angel teaches the method of claim 1 wherein the hydrocarbon is selected from the group consisting of toluene, benzene, kerosene, and combinations thereof ([0079] toluenesulphonic, benezenesulphonic).
Regarding Claim 6, Angel teaches the method of claim 1 wherein the hydrocarbon is selected from the group consisting of a gas range organic (GRO), a diesel range organic (DRO), and an oil range organic (ORO) ([0032] it generally contains alkanes having from 5 to 40 carbon atoms per molecule, as the C.sub.1-4 alkanes (i.e., methane, ethane, propane, and butane) are typically in gaseous form under atmospheric conditions. The alkanes from pentane (C.sub.5H.sub.12) to octane (C.sub.8H.sub.18) are refined into gasoline, while alkanes from nonane (C.sub.9H.sub.2O) to hexadecane (C.sub.16H.sub.34) are refined into diesel fuel).
Regarding Claim 7, Angel teaches the method of claim 1 wherein the hydrocarbon is a petroleum hydrocarbon ([0050] Accordingly, the composition can comprise a variety of microorganisms that are capable of metabolizing a hydrocarbon source such as, for example, bacteria, yeasts, fungi, and algae. A variety of these microorganisms have been identified as capable of processing hydrocarbons, including petroleum hydrocarbons).
Regarding Claim 8, Angel teaches the method of claim 1 wherein the hydrocarbon is a long- chain hydrocarbon ([0032] it generally contains alkanes having from 5 to 40 carbon atoms per molecule).
Regarding Claim 9, Angel teaches the method of claim 1 wherein the Bacillus strain produces an enzyme selected from the group consisting of an oxidoreductase, a hydrolase, a transferase, a lyase, an isomerase, a ligase, a peroxidase, a laccase, an esterase, an amylase, a protease, a xylanase, a lipase, a cellulase, an oxygenase, a reductase, an oxidase, a hydroxylase, a dehydrogenase, and combinations thereof ([0062] the enzyme may comprise a protease (e.g., rennin, pancreatin, trypsin, and chymotrypsin, pepsin, cathepsin, papain, ficin, bromelain).
Regarding Claim 10, Angel teaches the method of claim 1 further comprising treating the water and/or the soil with another Bacillus strain ([0052] Bacillus (e.g., B. licheniformis, B. subtilis, B. amyloliquefaciens, B. pumilus), Lactobacillus (e.g., L. acidophilus, L. salivarius bifidum)).
Regarding Claim 11, Angel teaches the method of claim 1 wherein the effective amount of the Bacillus strain is i)about 1.0 x 102 CFU/gram of the water and/or the soil to about 1.0 x 106 CFU/gram of the water and/or the soil; ii) about 1.0 x 102 CFU/gram of the water and/or the soil to about 1.0 x 104 CFU/gram of the water and/or the soil; or iii) about 1.0 x 102 CFU/gram of the water and/or the soil to about 1.0 x 103 CFU/gram of the water and/or the soil ([0046] wherein the amount of microbial component provides from about 100 million to about 100 billion colony forming units (CFU) per gram of combined nutritive component and emulsifier.).
Regarding Claim 14, Angel teaches the method of claim 1 further comprising contacting the water and/or the soil with an exogenous enzyme ([0019] FIG. 1 depicts a series of photographs of three reaction vessels taken over a period of two weeks, where the vessel in column (i) correspond to controls (salt water+crude oil). [0092] the contaminated area may comprise soils).).
Regarding Claim 15, Angel teaches a commercial package comprising isolated Bacillus strains wherein the Bacillus strains consist of Bacillus licheniformis MDG-1000 (NRRL No. B- 67888), Bacillus pumilus MDG-1047 (NRRL No. B-67891), and Bacillus amyloliquefaciens MDG1607 (NRRL No. B-67666), or strains having all of the identifying characteristics of these strains ([0050] Accordingly, the composition can comprise a variety of microorganisms that are capable of metabolizing a hydrocarbon source such as, for example, bacteria, yeasts, fungi, and algae. A variety of these microorganisms have been identified as capable of processing hydrocarbons, including petroleum hydrocarbons (e.g., alkanes, alkenes, cyclic alkanes and alkenes, asphaltenes, polycyclic aromatics, etc.). [0051] Oil-consuming bacteria are known. For example, sulfate-reducing bacteria (SRB) and acid-producing bacteria are anaerobic, while general aerobic bacteria (GAB) are aerobic. These bacteria occur naturally and will act to remove oil from an ecosystem, and their biomass will tend to replace other populations in the food chain. [0052] Non-limiting examples include bacteria species selected from of the genus Pseudomonas (e.g., P. putida, P. oleovorans, P. fluororescens), Achromobacter, Arthrobacter, Bacillus (e.g., B. licheniformis, B. subtilis, B. amyloliquefaciens, B. pumilus)).
Regarding Claim 19, Angel teaches the commercial package of claim 15 further comprising a carrier for the Bacillus strains ([0052] Bacillus (e.g., B. licheniformis, B. subtilis, B. amyloliquefaciens, B. pumilus), Lactobacillus (e.g., L. acidophilus, L. salivarius bifidum)).
Regarding Claim 20, Angel teaches the commercial package of claim 15 wherein the Bacillus strains are in powder form ([0044] powder).
Regarding Claim 25, Angel teaches the commercial package of claim 19 wherein the carrier is selected from the group consisting of a salt, mineral oil, a dextrin, whey, sugar, sucrose, limestone, yeast culture, dried starch, sodium silico aluminate, silicon dioxide, polypropylene glycol, polysorbate 80, vegetable oil, water, rice hulls, and combinations thereof ([0019] FIG. 1 depicts a series of photographs of three reaction vessels taken over a period of two weeks, where the vessel in column (i) correspond to controls (salt water+crude oil), the vessel in column (ii) correspond to addition of microbes (salt water+crude oil+microbes), and the vessel in column (iii) correspond to an embodiment of the disclosed composition (salt water+crude oil+Composition A).).
Regarding Claim 26, Angel teaches a method of removing oil in a cleaning application by contacting the oil with a Bacillus strain to remove the oil, the method comprising contacting the oil with an effective amount of an isolated Bacillus strain selected from the group consisting of Bacillus strains Bacillus licheniformis MDG-1000 (NRRL No. B-67888), Bacillus pumilus MDG-1047 (NRRL No. B-67891), Bacillus amyloliquefaciens MDG1607 (NRRL No. B-67666), and strains having all of the identifying characteristics of these strains, and removing the oil ([0051] Oil-consuming bacteria are known. For example, sulfate-reducing bacteria (SRB) and acid-producing bacteria are anaerobic, while general aerobic bacteria (GAB) are aerobic. These bacteria occur naturally and will act to remove oil from an ecosystem, and their biomass will tend to replace other populations in the food chain. [0052] Non-limiting examples include bacteria species selected from of the genus Pseudomonas (e.g., P. putida, P. oleovorans, P. fluororescens), Achromobacter, Arthrobacter, Bacillus (e.g., B. licheniformis, B. subtilis, B. amyloliquefaciens, B. pumilus).
Regarding Claim 27, Angel teaches the method of claim 26 wherein the cleaning application is an industrial cleaning application ([0091] In a further aspect, the disclosure provides a method for cleaning hydrocarbons from a surface that is contaminated by hydrocarbons).
Regarding Claim 28, Angel teaches the method of claim 26 wherein the oil is from an oil stain on concrete ([0092] the contaminated area may comprise a natural or man-made solid surface selected from the group consisting of plants, rocks, soils, metals, plastics, rubber, woven fiber, and concrete.).
Regarding Claim 29, Angel teaches the method of claim 26 wherein the oil is on metal ([0017] the contaminated area may comprise a natural or man-made solid surface selected from the group consisting of plants, rocks, soils, metals).
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 nonobviousness.
Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Angel (US Pub 2014/0273150), in view of Heppenstall (US Pub 2008/0093295).
Regarding Claims 23 and 24, Angel teaches the commercial package of claim 15.
Angel is silent to a binder and the binder is selected from the group consisting of clay, yeast cell wall components, aluminum silicate, and glucan, or combinations thereof.
Heppenstall teaches in the related art of [0018] delivering predetermined, measured quantities of treatment agents, including microorganisms. [0100] Examples of suitable carriers include metal oxides, silica, alumina, clays, lava, slag, diatomaceous earth, infusorial earth, synthetic and natural zeolites, cellulosic fibers, paper, sawdust, porous plastics and the like all of which may be finely ground or have a small particle size, but can also be agglomerated into larger components with the addition of a suitable binder component. Such suitable materials are easily obtained and many commercial bioremediation preparations immobilizing media are commercially available.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a binder such as clays, as taught by Heppenstall, to the package, as taught by Angel, to allow for control certain characteristics of the composition, as taught by Heppenstall, in [0099].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE BRAZIN whose telephone number is (571)270-1457. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JB/
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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