DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
1. Claims 1-23 are pending in the instant application.
2. Applicant’s election of Group II (Invention II) in the reply filed on 08/01/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claims 1-10, 12, 15, 20, 21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention. The requirement is still deemed proper and is therefore made FINAL.
3. Claims 11, 13, 14, 16-19, 22, 23 are under consideration in this Office Action.
Claim Rejections - 35 USC § 103
4. 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 of this title, 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.
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.
5. Claims 11, 13, 14, 16-19, 22, 23 are rejected under 35 U.S.C. 103 as being unpatentable over CN110551564 (03/25/2015; PTO 892, IDS filed 07/17/2023) in view of EP1074605 (02/07/2021; IDS filed 07/17/2023), US20200138055 (05/07/2020; PTO 892).
CN110551564 teaches a method and system for processing hemp seeds to recover at least one product (English language machine translation, Description, pg 1 Technical field: "(t]he invention belongs to the technical field of oil extraction and purification technology, and particularly relates to a subcritical fluid technology for extracting hemp oil and a purification method thereof'), the system comprising: a sorter, adapted to separate hulls and hemp hearts to produce an isolated hemp heart fraction is substantially free of the hulls (pg 5: "1 ..... The dried hemp seeds are put into·a blast separator to remove the impurities in the hemp seeds. After the impurities are removed, the hemp seeds are put into the huller and hulled. The hemp seeds are collected and sieved. Put hemp kernels into the blast separator to remove the husk and bracts again"); [a conditioner, adapted to condition] conditioning the isolated hemp heart fraction to a pre-determined internal temperature and moisture content, resulting in conditioned hemp hearts (pg 5: "1. Weigh 30kg of hemp seeds and lay them on the ground at noon to air dry. After 3-4 days of drying, the amount of hemp seeds is 27.8kg. The moisture content of hemp seeds measured is 12[percent] -14[percent], which is in line with the process requirements ... 2 .... put 20 kg of hemp kernels that meet the process requirements into the press"); a press, adapted to permit extraction of oil from the hemp hearts, resulting in a hemp hearts press cake (pg 5: "2.Turn on the double screw low-temperature press, control the temperature below 40 [degrees] C, put 20 kg of hemp kernels that meet the process requirements into the press, collect 7 kg of pressed crude oil, clean up the press and collect slag cake to obtain 12.9 kg of slag cake"); a delumper, adapted to reduce size of lumps from the hemp hearts press cake, resulting in a substantially uniform hemp hearts particles (pg 6: "4. slag cake is filtered through a 150-250 mesh filter"); a super-critical fluid or a nonpolar solvent extractor, adapted to de-oil the substantially uniform hemp hearts particles to produce an extracted hemp seed product (pg 5: "3. Put 12.9kg of slag cake into a 50L extraction tank, close the feeding port; turn on heating, set the water bath temperature to 35°C, turn on the vacuum pump, pump the pressure in the extraction tank to 10pa, add liquid nbutane, and soak and extract for 3h ... p5 6: 7. Adjust the temperature of the extraction tank to 40°C, control the pressure below 100Pa, desolvate for 2h, collect the residue, weigh it to 11.5kg, spread the residue on a drying tray and put it in a vacuum drying· box, set the drying temperature to 38°C, vacuum Less than -0.072MPa, constant weight after drying for 50 hours, weighing 11.3kg of hemp kernel residue; taking dried hemp kernel residue for testing, moisture content 0.6[percent], n-butane was not detected; dried hemp kernel The residue was pulverized at a low temperature, and the hemp kernel meal obtained from the pulverization was vacuum-packed in an aluminum foil bag"); and wherein, upon operation of the system, at least one product having at least one value parameter is recovered, wherein the product is at least one of an improved hemp seed oil product and an improved hemp seed protein product (pg 6: "7. the pulverized hemp seed meal is vacuum-packed in an aluminum foil bag "). The teachings of the reference differ from the claims in that the reference does not teach continuously dividing the de-lumped pressed isolated hemp hearts into a first output stream and a second output stream and mixing the first output stream with the conditioned hemp hearts after said conditioned hemp hearts are conditioned and before they are pressed until the second output stream is <20% residual oil
US20200138055 teaches a method and system (Fig. 1; ABSTRACT: "[a] method of processing an oil cake and/or extraction meal and/or a powder from portions of seeds containing oil, such as ... hemp, ... includes subjecting the seed material to a heating and to a texturing for forming a foodstuff that contains fiber") for processing hemp seeds (S.1; Fig. 1; para (0029): "[s]eeds S.1 containing oil such as ... hemp, ... serve as the starting product for the process") to recover at least one product (P.5; Fig. 1; para [0028): "a foodstuff is obtained as a product P.5'') comprising a mill (M; Fig. 1; para (0033): [i)f the material P.1 is an oil cake composed of contiguous pieces of different sizes , such as shown in FIG . 2, for instance, it can still be ground in a grinder M to a meal or powder P .2. A particle size of a maximum of 5.0 millimeters in extent results therefrom. The grinding can also be dispensed with depending on the starting material P .1 "), suitable to reduce particle size to less than 500 microns (intended use; the mill is considered capable of reducing particle size to less than 500 microns).
EP1074605 teaches a method and system (Fig. 1) for processing seeds (para [0001]: "[t]he invention relates to a method for the production of edible oil from rapeseed or other oilseeds, wherein the rapeseed or the like is first dried, broken up and sifted after passing through a classifying deck and is finally fed to a press after processing") comprising a conditioner ( Fig. 1; para [0035]: "[t]he cleaned and classified rapeseed A.E is then dried in a dryer 3"), adapted to condition the hemp seed to a pre-determined internal temperature and moisture content (para [0012]: "the cleaned and classified rapeseed is then dried at a drying temperature below a limit temperature of 40°C to a water content of the whole rapeseed grain of 4.5[percent) to 5.5[percent) and the stocking and the stupid grain are fed to a silo").
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and/or combine the reference teachings to arrive at the claimed method continuous method of producing an oil product from hemp seeds by constructing a system comprising a sorter, a conditioner, a press, a delumper, a super-critical fluid or a nonpolar solvent extractor, and a mill; using the system on hemp seeds to produce an oil product where method steps include continuously dividing the de-lumped pressed isolated hemp hearts into a first output stream and a second output stream and mixing the first output stream with the conditioned hemp hearts after said conditioned hemp hearts are conditioned and before they are pressed until the second output stream is <20% residual oil, and extracting the second output stream with a solvent as taught by CN110551564 including supercritical CO2, hexane, iso-hexane, pentane, 2-methyltetrahydrofuran, and ethyl acetate. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this in order to obtain a simple and efficient method that can produce an oil product from hemp seeds. It would have been obvious to include all of the method steps recited in claims 13, 14, 16-19 including bagging the hemp hearts after the heating step, collecting a protein product, sorting based on size and shape, and separation of from non-heart material as routine optimization and/or as desired to produce an oil product from hemp seeds. One of ordinary skill in the art at the time the invention was made would have a reasonable expectation of success because making systems and devices used in methods for producing and processing hemps seeds to produce products are known in the art as shown by reference teachings. Hence, the claimed invention as a whole is prima facie obvious.
Double Patenting
6. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
7. Claims 11, 13, 14, 16-19, 22, 23 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12016349. Although the conflicting claims are not identical, they are not patentably distinct from each other for the following reasons.
The claims and/or the specification of U.S. Patent No. 12016349, where the instant application is a continuation of U.S. Patent No. 12016349, teach the claimed continuous method of producing an oil product from hemp seeds, the method comprising: a) dehulling the hemp seeds; b) sorting hemp hearts from hemp seed hulls; c) heating the isolated hemp hearts to at least 30° C. to produce conditioned hemp hearts; d) expeller-pressing the conditioned hemp hearts to produce pressed isolated hemp hearts; e) de-lumping the pressed isolated hemp hearts; f) dividing the de-lumped pressed isolated hemp hearts into a first output stream and a second output stream; g) mixing the first output stream with the conditioned hemp hearts after said conditioned hemp hearts are conditioned and before they are pressed, to produce a mixed product comprising the conditioned hemp hearts and the first output stream; h) recovering the oil from the expeller pressing step wherein the steps f) and g) are carried out continuously until the second output stream is <20% residual oil.
Thus, the teachings of the patent teach the claimed invention.
8. Claims 11, 13, 14, 16-19, 22, 23 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 11576400. Although the conflicting claims are not identical, they are not patentably distinct from each other for the following reasons.
The claims and/or the specification of U.S. Patent No. 11576400, where the instant application is a continuation of U.S. Patent No. 12016349 which is a continuation of U.S. Patent No. 11576400, teach the claimed continuous method of producing an oil product from hemp seeds, the method comprising: a) dehulling the hemp seeds; b) sorting hemp hearts from hemp seed hulls; c) heating the isolated hemp hearts to at least 30° C. to produce conditioned hemp hearts; d) expeller-pressing the conditioned hemp hearts to produce pressed isolated hemp hearts; e) de-lumping the pressed isolated hemp hearts; f) dividing the de-lumped pressed isolated hemp hearts into a first output stream and a second output stream; g) mixing the first output stream with the conditioned hemp hearts after said conditioned hemp hearts are conditioned and before they are pressed, to produce a mixed product comprising the conditioned hemp hearts and the first output stream; h) recovering the oil from the expeller pressing step wherein the steps f) and g) are carried out continuously until the second output stream is <20% residual oil.
Thus, the teachings of the patent teach the claimed invention.
Conclusion
9. No claims are allowed.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christian L Fronda whose telephone number is (571)272 0929. The examiner can normally be reached Monday-Thursday and alternate Fridays between 9:00AM-5:00PM.
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/CHRISTIAN L FRONDA/Primary Examiner, Art Unit 1652