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 .
Response to Amendment
The preliminary amendment received on 10/09/2024 is acknowledged. Claims 1-10 have been amended. Claims 11-14 have been added. Claims 1-14 are currently pending and have been treated on the merits.
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 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bruhlmann (WO2019185926/IDS submitted).
Regarding claims 1 and 11 and the limitations “A continuous process comprising; a step (a) of growing a microorganism capable of converting a substrate into a compound of formula (I), wherein the compound of formula (I)…”, “” and “wherein the compound of formula (I) is vanillin.”, Bruhlmann discloses a process for the fermentative production of vanillin which falls within the structure claimed and teaches the process may be continuous (Abstract, Page 53 Ln 18).
Regarding claims 2 and 3 and the limitations “wherein the growing the microorganism is carried out in a growth medium”, and “wherein the growth medium is continuously added”, Bruhlmann discloses that in the process the microorganism can be grown or cultured continuously in medium that is added continuously or batch wise (Page 46 Ln 20-25, Page 48 Ln 15-20).
Regarding claims 4, 5, and 6 and the limitation “wherein a concentration of a carbon source in a growth medium is controlled and is adjusted to the needs of the microorganism capable of converting a substrate into a compound of formula (I).”, “wherein step (a) is preceded by a step (a0) of culturing the microorganism”, and “wherein a substrate is selected from the group consisting of glucose, ferulic acid, eugenol, isoeugenol, coumaric acid, caffeic acid, L- tyrosine, vanillic acid, 4-vinyl guaiacol, and combinations thereof”, Bruhlmann disclosed that the fermentation process may be continuous with and without biomass recycling and using multiple substrates including glucose (Page 53 Ln 18-Page 56 Ln 15). Bruhlmann further discloses that numerous variations will become immediately evident having considered the disclosure (Page 56 Ln 12-15). Bruhlmann discloses a fermentation wherein the microorganism is cultivated and then induced to produce the vanillin (Page 60 Ln 5-20). Bruhlmann discloses the use dissolved oxygen measurements to control the glucose feeding of a strain producing vanillin (Page 60 Ln 5-20). As glucose was added over time and the fermentation conducted over several hours this can be considered a continuous production. Further one would find the use of such steps immediately evident as Bruhlmann discloses they would. Bruhlmann further teaches that cultures and nutrients may be added, batchwise, semi-continuously or continuously (Page 46 Ln 20-25) In addition all of these cultures are inoculated from previous culturing of the strains used such as colonies or starter cultures.
Regarding claim 7, and the limitation “process comprising: a step (a) of continuously growing a microorganism capable of converting a substrate into compound of formula (I) as defined in claim 1. further comprising a bioconversion step (b)”, Bruhlmann disclosed that the fermentation process may be continuous with and without biomass recycling and using multiple substrates including glucose (Page 53 Ln 18-Page 56 Ln 15). Bruhlmann teaches that the conversion can be done continuously or batchwise (Page 51Ln 27-29). Embodiments of the process of Bruhlmann thus will continually grow the microorganism and produce the vanillin.
Regarding claims 9 and 10 and the limitations “steps (a) and (b) are successive” and “steps (a) and (b) are simultaneous” Bruhlmann teaches that the conversion can be done continuously or batchwise (Page 51Ln 27-29). , Bruhlmann disclosed that the fermentation process may be continuous with and without biomass recycling and using multiple substrates including glucose (Page 53 Ln 18-Page 56 Ln 15).Bruhlman further teaches cultures and nutreints may be added batchwise or continuously (Page 46 Ln 20-25). The embodiments disclosed by Bruhlman will result in steps (a) and (b) being performed simultaneously as well as successively.
Regarding claim 12 and the limitation “wherein a substrate is selected from the group consisting of glucose, ferulic acid, eugenol, and combinations thereof.” Bruhlmann teaches that substate may be glucose (Page 54 Ln3-10). Bruhlmann further discloses embodiment in which eugenol is isomerized to isoeugenol and isoeugenol converted by cells to vanillin (Page 22 Ln 14-23 Ln1-3).
Regarding claims 13 and 14 and the limitations “the compound of formula (I) as claimed in claim 1, wherein n is between 1 and 2”, and “wherein the compound of formula (I) is vanillin.”, Bruchlman teaches the production of Vanillin has 2 R substituents based on the structure of claim 1 (Abstract).
The above reference anticipates the claim subject matter.
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 1-14 are further rejected under 35 U.S.C. 103 as being unpatentable over Bruhlmann as applied to claims 1-14 above.
For a discussion of what Bruhlmann teaches see the above sections.
Bruhlmann further discloses that numerous variations will become immediately evident having considered the disclosure (Page 56 Ln 12-15). One of ordinary skill in the art would thus find the combination of the elements taught by Bruhlmann to be obvious and would arrive at additional embodiments which render the instant claims obvious as the individual limitations have been identified as noted above.
Conclusion
No claim is allowed.
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/CHARLES Z CONSTANTINE/Examiner, Art Unit 1657
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