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 .
The response filed on September 22, 2026 is received.
Claims 1-21 are being examined and are being examined.
Restriction/Election:
Applicant’s election of the species “(I)(b) converting the vanillin conjugate that is contained in the fermentation broth into vanillin and the corresponding conjugation partner followed by separating and removing the microbial cells from the fermentation broth such that a liquid remains that is substantially free of microbial cells; (II')(a) treating the liquid resulting from step (I)(a) or (I)(b) with a non-ionic
adsorbent, wherein the liquid resulting from step (I)(a) is optionally first filtered before treatment with the non-ionic adsorbent, wherein the non-ionic adsorbent used in step (II')(a) is capable of adsorbing vanillin and wherein the treatment comprises the steps of (i) adsorption of the vanillin under conditions that allow vanillin to bind to the non-ionic adsorbent and (ii) desorption of the bound vanillin into a solution; and "(II')(b) treating the obtained vanillin solution with both a cation exchange adsorbent and a weak base anion exchange adsorbent in either order” in the reply filed on 09/22/2026 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 § 818.01(a)).
However, upon further consideration the requirement for the election of species as indicated in the Office action mailed on is hereby withdrawn.
Claims 1-21 are being examined.
Claim Rejection - 35 USC §112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, part (I)(b), the phrase “substantially free of microbial cells” is indefinite because the phrase is not defined and there is no specific definition in the specification for the how any cells is considered to be substantially free of microbial cells. As such, the scope of the claim is not clearly set forth.
Suggestion to obviate the rejection: delete the phrase.
In claim 1, part (II’)(a), the phrase “under conditions that allow vanillin to bind to the non-ionic adsorbent” is indefinite because the phrase is not defined and there is no specific definition in the specification for what conditions the claim is referring to. As such, the scope of the claim is not clearly set forth.
Suggestion to obviate the rejection: define the conditions the claim is referring to.
In claim 6, the phrase “different” is indefinite because the phrase is not defined and there is no specific definition in the specification for phrase. As such, the scope of the claim is not clearly set forth.
Suggestion to obviate the rejection: delete the phrase.
Claim Rejection - 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 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Linderberg Moller et al. (US 2015/0267227 A1) in view of Zhao et al. (US 2018/0142270 A1) and Zhang et al. (Eur Food Res Technol, 2008, Vol. 226, p. 377–383).
Regarding claim 1, Linderberg Moller et al. teach a process for recovering and purifying vanillin from a microbial fermentation broth wherein the fermentation broth comprises a vanillin conjugate which is produced during the microbial fermentation by a microbial cell that is capable of producing and secreting the vanillin conjugate, separating and removing the microbial cells from the fermentation broth such that a liquid remains that is substantially free of microbial cells followed by converting the vanillin conjugate that is contained in the liquid into vanillin and the corresponding conjugation partner (See for example, p. 2 paragraphs [0028]-[0031], and p. 47 claim 1, p. 7-8 paragraph [0177]-[0182], [0190] and [0192], and p. 12 paragraphs [0265]-[0268]). Linderberg Moller et al. teach converting the vanillin conjugate that is contained in the fermentation broth into vanillin and the corresponding conjugation partner followed by separating and removing the microbial cells from the fermentation broth such that a liquid remains that is substantially free of microbial cells by adding a polar organic solvent miscible with water to the liquid resulting from step (I)(a) or (I)(b), wherein the liquid resulting from step (I)(a) is optionally filtered either before or after addition of the polar organic solvent (See for example, p. 8 paragraphs [0195], and [0197]-[0207]).
Regarding claim 2, Linderberg Moller et al. teach the vanillin conjugate is vanillin glucoside (See for example, p. 8 paragraph [0192]).
Regarding claim 3, Linderberg Moller et al. teach the microbial cell is a fungal cell (See for example, p. 6 paragraph [0152]).
Regarding claim 4, Linderberg Moller et al. teach the fungal cell is a yeast cell (See for example, p. 6 paragraph [0152]).
Regarding claim 5, Linderberg Moller et al. teach the conversion of the vanillin conjugate into vanillin and the corresponding conjugation partner in step (I)(a) or (I)(b) is carried out either by chemical conversion or enzymatic conversion (See for example, p. 8 paragraph [0195]).
Regarding claim 6, Linderberg Moller et al. teach the polar organic solvent used in step (II)(a) is an alcohol or a mixture of different alcohols (See for example, p. 8 paragraph [0195]).
Linderberg Moller et al. do not teach (II)(b) treating the vanillin solution produced in step (II)(a) with either: (i) a cation exchange adsorbent followed by a weak base anion exchange adsorbent, or (ii) a weak base anion exchange adsorbent followed by a cation exchange adsorbent; and (II)(c) optionally decolorizing the resulting solution with an adsorbent; or: (II')(a) treating the liquid resulting from step (I)(a) or (I)(b) with a non-ionic adsorbent, wherein the liquid resulting from step (I)(a) is optionally first filtered before treatment with the non-ionic adsorbent, wherein the non-ionic adsorbent used in step (II')(a) is capable of adsorbing vanillin and wherein the treatment comprises the steps of (i) adsorption of the vanillin under conditions that allow vanillin to bind to the non-ionic adsorbent and (ii) desorption of the bound vanillin into a solution; (II')(b) treating the obtained vanillin solution with either: (i) a cation exchange adsorbent, (ii) a weak base anion exchange adsorbent, or (iii) both a cation exchange adsorbent and a weak base anion exchange adsorbent in either order; and (II')(c) optionally decolorizing the resulting solution with an adsorbent; and (III) crystallizing the vanillin from the obtained solution (claim 1), the cation exchange adsorbent used in step (II)(b) is a strong acid cation exchange adsorbent (claim 7), the weak base anion exchange adsorbent used in step (II)(b) is a weak base anion exchange resin (claim 8), the weak base anion exchange adsorbent used in step (II)(b) is converted to the acetate form before being used (claim 9), the process comprises step (II)(b)(i) (claim 10), the adsorbent used in step (II)(c) is carbon (claim 11), the non-ionic adsorbent used in step (II')(a) is a non-ionic resin (claim 12), wherein desorption of the bound vanillin into a solution in step (II')(a)(ii) is carried out using an organic solvent, a mixture of different organic solvents, a mixture of water and an organic solvent, or a mixture of water and different organic solvents as eluent (claim 13), the cation exchange adsorbent used in step (II')(b) is a strong acid cation exchange adsorbent (claim 14), the weak base anion exchange adsorbent used in step (II')(b) is a weak base anion exchange resin (claim 15), the weak base anion exchange adsorbent used in step (II')(b) is converted to the acetate form before being used (claim 16), the process comprises step (II')(b)(iii) and wherein in said step the vanillin solution is treated with a cation exchange adsorbent followed by a weak base anion exchange adsorbent (claim 17), the adsorbent used in step (II')(c) is carbon (claim 18), the process does not contain a purification step with a strong base anion exchange adsorbent (claim 19), the process occurs at a pH below 7 (claim 20), and crystallization of vanillin is performed at a pH of about 3.5 - 5.5 (claim 21).
However, regarding recovering and purification techniques applied in the method for recovering and purifying vanillin from a microbial fermentation broth, Linderberg Moller et al. teach vanillin glycoside can be recovered from the fermentation broth using recovered from the culture using any useful techniques known in the art, including percolation technique, reverse osmosis, multi-stage recrystallization from aqueous solutions and ultrafiltration, vanillin adsorption, adsorption resins with cross-linked-polystyrene, ultrafiltration and membrane techniques, etc. (See for example, p. 7 paragraph [0190] and –Continued on p. 8).
Moreover, regarding claim 1, (II)(b) treating the vanillin solution produced in step (II)(a) with either: (i) a cation exchange adsorbent followed by a weak base anion exchange adsorbent, or (ii) a weak base anion exchange adsorbent followed by a cation exchange adsorbent; and (II)(c) optionally decolorizing the resulting solution with an adsorbent; or: (II')(a) treating the liquid resulting from step (I)(a) or (I)(b) with a non-ionic adsorbent, wherein the liquid resulting from step (I)(a) is optionally first filtered before treatment with the non-ionic adsorbent, wherein the non-ionic adsorbent used in step (II')(a) is capable of adsorbing vanillin and wherein the treatment comprises the steps of (i) adsorption of the vanillin under conditions that allow vanillin to bind to the non-ionic adsorbent and (ii) desorption of the bound vanillin into a solution; (II')(b) treating the obtained vanillin solution with either: (i) a cation exchange adsorbent, (ii) a weak base anion exchange adsorbent, or (iii) both a cation exchange adsorbent and a weak base anion exchange adsorbent in either order; and (II')(c) optionally decolorizing the resulting solution with an adsorbent; and (III) crystallizing the vanillin from the obtained solution, before the effective filing date of the invention Zhao et al. teach extraction and purification of vanillin from a fermentation medium/broth by filtration to remove bacteria and further ultrafiltration and subjecting the ultrafiltrate to reverse osmosis (RO) treatment and concentrate, to obtain a crude vanillin product by adjusting pH of the concentrated liquid to 5-6 and cooling to allow crystallization (See for example, p. 2 paragraphs [0027]-[0028]).
In addition, regarding desorption of the bound vanillin into a solution in step (II')(a)(ii) is carried out using an organic solvent, a mixture of different organic solvents, a mixture of water and an organic solvent, or a mixture of water and different organic solvents as eluent (claim 13), the cation exchange adsorbent used in step (II')(b) is a strong acid cation exchange adsorbent (claim 14), the weak base anion exchange adsorbent used in step (II')(b) is a weak base anion exchange resin (claim 15), the weak base anion exchange adsorbent used in step (II')(b) is converted to the acetate form before being used (claim 16), the process comprises step (II')(b)(iii) and wherein in said step the vanillin solution is treated with a cation exchange adsorbent followed by a weak base anion exchange adsorbent (claim 17), the adsorbent used in step (II')(c) is carbon (claim 18), the process does not contain a purification step with a strong base anion exchange adsorbent (claim 19), and crystallization of vanillin is performed at a pH of about 3.5 - 5.5 (claims 20-21), the process occurs at a pH below 7, before the effective filing date of the invention Zhang et al. teach adsorption resins including cationic exchange adsorbent (H103 resin) for adsorbing vanillin at different pH values including pH 6 or 3 using organic solvent for adsorption and recovery of vanillin, etc. (See for example, p. 380 left-hand column 3rd paragraph, Table 2, p. 382 left-hand column below figure 6 and description, and Abstract).
Therefore, in view of the above teachings, a person of ordinary skill in the art before the effective filing date of the invention would have been motivated and apply the known and available recovery and purification techniques taught by the prior art (teachings of Zhao et al. and Zhang et al.) to optimize the
recovering and purifying vanillin from a microbial fermentation broth in the method as taught by Linderberg Moller et al. with a reasonable expectation of success in providing the claimed process for recovering and purifying vanillin from a microbial fermentation broth. The claimed method would have been obvious because Linderberg Moller et al. teach a process for recovering and purifying vanillin from a microbial fermentation broth wherein the fermentation broth comprises a vanillin conjugate which is produced during the microbial fermentation by a microbial cell that is capable of producing and secreting the vanillin conjugate, separating and removing the microbial cells from the fermentation broth such that a liquid remains that is substantially free of microbial cells followed by converting the vanillin conjugate that is contained in the liquid into vanillin and the corresponding conjugation partner, converting the vanillin conjugate that is contained in the fermentation broth into vanillin and the corresponding conjugation partner followed by separating and removing the microbial cells from the fermentation broth such that a liquid remains that is substantially free of microbial cells by adding a polar organic solvent miscible with water to the liquid resulting from step (I)(a) or (I)(b), wherein the liquid resulting from step (I)(a) is optionally filtered either before or after addition of the polar organic solvent, and further teach vanillin glycoside can be recovered from the fermentation broth using recovered from the culture using any useful techniques known in the art, including percolation technique, reverse osmosis, multi-stage recrystallization from aqueous solutions and ultrafiltration, vanillin adsorption, adsorption resins with cross-linked-polystyrene, ultrafiltration and membrane techniques. Because Zhao et al. teach extraction and purification of vanillin from a fermentation medium/broth by filtration to remove bacteria and further ultrafiltration and subjecting the ultrafiltrate to reverse osmosis (RO) treatment and concentrate, to obtain a crude vanillin product by adjusting pH of the concentrated liquid to 5-6 and cooling to allow crystallization, and further because Zhang et al. teach adsorption resins including cationic exchange adsorbent (H103 resin) for adsorbing vanillin at different pH values including pH 6 or 3 using organic solvent for adsorption and recovery of vanillin.
Conclusion(s):
No claim(s) is allowed at this time.
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/KADE ARIANI/Primary Examiner, Art Unit 1651
