DETAILED ACTION
Applicant’s Preliminary Amendment, submitted 8/20/2024, is acknowledged. Claims 1-18 and 28 are currently amended. Claims 19-27 are canceled. Claims 29-30 are newly added. Claims 1-18 and 28-30 are pending in the instant application.
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 .
Priority
The instant application is a U.S. National Phase of PCT/US2023/062954, filed 2/21/2023, and claims Domestic Benefit to U.S. Provisional Application No. 63/312,383, filed 2/21/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1, 14, and 30 are objected to because of the following informalities:
Claim 1 redundantly recites “x) added to the biogas unit” which is a duplicate of the recitation “i) added to the biogas unit” and should be deleted.
Claim 14 ungrammatically recites “is added” but should instead recite “are added” in the last line.
Claim 30 misspells “silage” as “sillage” in the 2nd line.
Appropriate correction is required.
Claim Rejections - 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 1-18 and 28-30 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.
Claim 1 recites the limitation "the corn meal from step 1a)" in element iv). There is insufficient antecedent basis for this limitation in the claim. Step 1a) broadly recites a milled grain but does not recite a corn meal. It is not clear if “the corn meal” is intended to refer to the milled grain set forth in step 1a) or to a separate limitation. Therefore, the metes and bounds of claim 1 cannot be determined, and claim 1 is indefinite.
Claims 2-18 and 28-30 are also rejected for being dependent on a rejected base claim and failing to remedy the issue set forth above.
Regarding claim 28, the phrase "(e.g., ethanol yield)" renders the claim indefinite because it is unclear whether the limitation following the phrase is part of the claimed invention. See MPEP § 2173.05(d). It is not clear if ethanol yield is a required claim limitation because it follows exemplary language and is recited within parentheses. Thus, the metes and bounds of claim 28 are unclear, and claim 28 is indefinite.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-18 and 28-30 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bonk et al. (US2022/0033960; published Feb. 3, 2022; of record in IDS filed 8/20/2024).
Regarding claim 1, Bonk teaches a method for carrying out the combined operation of a bioethanol production unit and a biogas unit, comprising: dry milling corn to reduce the particle size to a corn meal followed by a step of mashing with whole stillage, thin stillage, and/or outflow from the biogas unit (see Abstract, paragraphs [0024]-[0032], [0039]-[0052], [0060]-[0061], [0070]-[0074], [0077], [0081], Figs. 1-2, Table 2, and Claims 1-16). The mash obtained is then fed to a cooking stage with mash temperatures below the gelatinization temperature of the starch in the corn meal, followed by an ethanol-forming fermentation step and then feeding the fermented mash to a distillation step (see Abstract, paragraphs [0021], [0026], [0031], [0049]-[0050], [0071]-[0073], and Claims 1, 5 and 16). Bonk further teaches feeding the whole stillage from the cooking, fermenting, and distilling step back to the mashing step and/or to the biogas unit and/or to a solid-liquid separation step to generate thin stillage and wet cake (see Abstract, paragraphs [0027], [0051]-[0054], [0073]-[0078], [0083], Figs. 1-2, and Claims 1-4, 15, and 16). Bonk further teaches wherein the thin stillage is fed to the mashing step in 1a) and/or to the biogas unit and/or used to make corn oil and residual materials resulting from purification of the corn oil (see Abstract, paragraphs, [0036], [0044], [0052]-[0054], [0061], [0074], [0080]-[0082], Figs. 1-2, and Claims 1, 4, 15, and 16). Bonk further teaches wherein the residual materials resulting from purification of the corn oil are fed to the biogas unit (see Abstract, paragraphs [0032], [0051], [0053]-[0054], [0062], [0082]-[0083], and Figs. 1-2). Bonk further teaches wherein the thin stillage is used to produce a protein product with a raw protein content of more than 44 percent and residual materials resulting from purification of the protein product (see Abstract, paragraphs [0053] and [0082], and Figs. 1-2). Bonk further teaches wherein the residual materials resulting from purification of the protein product are fed to the biogas unit (see Abstract, paragraphs [0053]-[0054], [0080]-[0083], and Figs. 1-2). Bonk further teaches wherein the wet cake is fed to the mashing in step 1a) and/or to the biogas unit (see Abstract, paragraphs [0036], [0052], [0054], [0062], [0074]-[0075], [0080]-[0083], and Figs. 1-2). Bonk further teaches cellulases and cellulase-forming microorganisms such as yeasts are added to the biogas unit, to the mashing step via the outflow from the biogas unit with whole stillage, added to the whole stillage from 1b) that is fed to the biogas unit, added to the thin stillage that is fed to the mashing step, added to the residual materials resulting from purification of the corn oil that are fed to the biogas unit, added to the residual materials resulting from purification of the protein product that are fed to the biogas unit, added to the wet cake that is fed to the mashing step, added to the wet cake that is fed to the biogas unit, and/or added to the biomass added to any of the aforementioned steps, reading on wherein a yield enhancing composition comprising at least two types of enzyme and at least two microorganism strains are added to elements i)-xi) as claimed (see Abstract, paragraphs [0045]-[0046], [0062], [0080]-[0086], Figs. 1-2, and Claim 16).
Regarding claim 2, Bonk teaches wherein the whole stillage from step 1b) is fed to a solid-liquid separation step to generate thin stillage and wet cake (see Abstract, paragraphs [0027], [0051]-[0054], [0073]-[0078], [0083], Figs. 1-2, and Claims 1-4, 15, and 16).
Regarding claim 3, Bonk teaches wherein the thin stillage is fed to the mashing step in 1a) (see Abstract, paragraphs, [0036], [0044], [0052]-[0054], [0061], [0074], [0080]-[0082], Figs. 1-2, and Claims 1, 4, 15, and 16).
Regarding claim 4, Bonk teaches wherein cellulases and cellulase-forming microorganisms such as yeasts are added to the thin stillage that is fed to the mashing step in 1a), reading on at least two enzymes and at least two microorganisms are added to the thin stillage that is fed to the mashing step in 1a) (see Abstract, paragraphs [0045]-[0046], [0062], [0080]-[0086], Figs. 1-2, and Claim 16).
Regarding claim 5, Bonk teaches wherein the thin stillage is used to make corn oil and residual materials resulting from purification of the corn oil (see Abstract, paragraphs [0032], [0051], [0053]-[0054], [0062], [0082]-[0083], and Figs. 1-2).
Regarding claim 6, Bonk teaches wherein the residual materials resulting from purification of the corn oil are fed to the biogas unit (see Abstract, paragraphs [0032], [0051], [0053]-[0054], [0062], [0082]-[0083], and Figs. 1-2).
Regarding claim 7, Bonk teaches wherein cellulases and cellulase-forming microorganisms such as yeasts are added to the residual materials resulting from purification of the corn oil that are fed to the biogas unit, reading on at least two enzymes and at least two microorganisms are added to the residual materials resulting from purification of the corn oil that are fed to the biogas unit (see Abstract, paragraphs [0045]-[0046], [0062], [0080]-[0086], Figs. 1-2, and Claim 16).
Regarding claim 8, Bonk teaches wherein the thin stillage is used to produce a protein product with a raw protein content of more than 44 percent and residual materials resulting from purification of the protein product (see Abstract, paragraphs [0053] and [0082], and Figs. 1-2).
Regarding claim 9, Bonk teaches wherein the residual materials resulting from purification of the protein product art fed to the biogas unit (see Abstract, paragraphs [0053] and [0082], and Figs. 1-2).
Regarding claim 10, Bonk teaches wherein cellulases and cellulase-forming microorganisms such as yeasts are added to the residual materials resulting from purification of the protein product that are fed to the biogas unit, reading on at least two enzymes and at least two microorganisms are added to the residual materials resulting from purification of the protein product that are fed to the biogas unit (see Abstract, paragraphs [0045]-[0046], [0062], [0080]-[0086], Figs. 1-2, and Claim 16).
Regarding claim 11, Bonk teaches wherein the wet cake is fed to the mashing in step 1a) (see Abstract, paragraphs [0036], [0052], [0054], [0062], [0074]-[0075], [0080]-[0083], and Figs. 1-2).
Regarding claim 12, Bonk teaches wherein cellulases and cellulase-forming microorganisms such as yeasts are added to the wet cake that is fed to the mashing step in 1a), reading on at least two enzymes and at least two microorganisms are added to the wet cake that is fed to the mashing step in 1a) (see Abstract, paragraphs [0045]-[0046], [0062], [0080]-[0086], Figs. 1-2, and Claim 16).
Regarding claim 13, Bonk teaches wherein the wet cake is fed to the biogas unit (see Abstract, paragraphs [0036], [0052], [0054], [0062], [0074]-[0075], [0080]-[0083], and Figs. 1-2).
Regarding claim 14, Bonk teaches wherein cellulases and cellulase-forming microorganisms such as yeasts are added to the wet cake that is fed to the biogas unit, reading on at least two enzymes and at least two microorganisms are added to the wet cake that is fed to the biogas unit (see Abstract, paragraphs [0045]-[0046], [0062], [0080]-[0086], Figs. 1-2, and Claim 16).
Regarding claim 15, Bonk teaches wherein the milled grain comprises corn meal (see Abstract, paragraphs [0024]-[0026], [0031], [0039], [0041]-[0052], [0061], [0064], [0068]-[0079], Figs. 1-2, and Claims 1-16).
Regarding claim 16, Bonk teaches wherein a biomass other than the milled grain is fed to the biogas unit (see Abstract, paragraph [0062], Table 1, and Figs. 1-2).
Regarding claim 17, Bonk teaches wherein the biomass comprises lignocellulose-rich biomasses, reading on lignocellulosic material (see paragraph [0062]).
Regarding claim 18, Bonk teaches cellulases and glucoamylases, reading on a cellulase and amylase (see paragraphs [0045]-[0046] and [0072]).
Regarding claim 28, Bonk teaches the addition of cellulases and cellulase-forming microorganisms increases ethanol yield, reading on increasing a fermentation product yield (see paragraphs [0045]-[0046]).
Regarding claim 29, Bonk teaches lignocellulose-rich biomasses such as straw, wood, grasses, bagasse, or sawdust can be fed to the biogas unit as a substrate in addition to stillage, the wet cake, or the residual substances from the ethanol unit to provide additional nutrients beneficial to the growth of microorganisms in the biogas unit, reading on mixing the thin stillage with an additional material obtained from a farm, industrial plant, or natural plant origin to form a mixture, adding the yield enhancing composition to the mixture to form a combined mixture, and feeding the combined mixture to the biogas unit (see paragraph [0062]).
Regarding claim 30, Bonk teaches the additional material is grasses and straw, reading on grass clippings and straw pellets (see paragraph [0062]).
Thus, Bonk anticipates claims 1-18 and 28-30 of the instant invention.
Conclusion
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/J.P.S./Examiner, Art Unit 1651
/MELENIE L GORDON/Supervisory Patent Examiner, Art Unit 1651
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