Office Action 1: Non-Final Rejection (2024-09-11)
Rejection types: 112 - Written Description/Enablement

CLAIMS:
AMENDMENT AND PRESENTATION OF CLAIMS Please replace all prior claims in the present application with the following claims.

1.-10. (Canceled) 29

11\. (New) A method for extracting useful substances from shrimp shells, comprising the following steps:
Si, crushing the shrimp shells to obtain fragments;
S2, mixing the fragments obtained in S1 with water at a mass ratio of (1-2): (1-2) to obtain a mixture;
S3, heating the mixture obtained in S2 to 28-350C, then adjusting the pH value to 6.8-7.5, adding an alkaline protease, mixing, heating to 42-480C, performing constant-temperature enzymolysis, and sieving to obtain enzymatic hydrolysate and solid residues, wherein the mass ratio of the alkaline protease to the mixture is 1: (800-1200), and continuous stirring at a rate of 45-60 r/min is required during the enzymolysis;
S4, performing centrifugal separation on the enzymatic hydrolysate obtained in S3 to obtain an astaxanthin-containing shrimp protein deposit;
S5, mixing the astaxanthin-containing shrimp protein deposit obtained in S4 with vegetable oil, heating to 57-600C while stirring, adding water, and emulsifying for 50-70 min under stirring to obtain an emulsion, wherein the mass ratio of the water to the shrimp protein deposit is (1.2-1.8): 1, and the temperature difference between the mixture of shrimp protein deposit and vegetable oil and the added water is not more than 10C; and
S6, centrifuging the emulsion in S5, and delaminating to obtain astaxanthin-containing oil in an upper layer, water in a middle layer, and a shrimp protein in a lower layer.

12\. (New) The method according to claim 11, wherein in S1, the fragments have a size of 4-9 cm2.

13\. (New) The method according to claim 11, wherein in S3, the sieving is performed through an 80-mesh vibrating screen.

14\. (New) The method according to claim 11, wherein in S3, the constant-temperature enzymolysis time is 50-90 min.

15\. (New) The method according to claim 14, wherein in S3, the constant-temperature enzymolysis time is 50-70 min.

16\. (New) The method according to claim 11, wherein in S4, during the centrifugal separation, the centrifugal rate is 4000-5000 r/min, and the centrifugal time is 10-14 min.

17\. (New) The method according to claim 11 wherein in S5, the pH value is adjusted with glacial acetic acid or hydrochloric acid.

18\. (New) The method according to claim 11, wherein in S5, the temperature difference between the mixture of shrimp protein deposit and vegetable oil and the added water is not more than 0.50C.

19\. (New) The method according to claim 11, wherein in S6, during the centrifuging, the centrifuging rate is 5500-6500 r/min, and the centrifuging time is 10-14 min.

20\. (New) The method according to claim 11, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified S3B, concentrating the calcium-containing liquid obtained in S3a and performing spray drying to obtain calcium citrate powder; mixing the decalcified solid residues obtained in S3a with water at a mass ratio of (1-2): (1-2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid- liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

21\. (New) The method according to claim 12, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified solid residues;
S3B, concentrating the calcium-containing liquid obtained in S3A and performing spray drying to obtain calcium citrate powder;
mixing the decalcified solid residues obtained in S3A with water at a mass ratio of (1-2): (1- 2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid-liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

22\. (New) The method according to claim 13, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified solid residues;
S3B, concentrating the calcium-containing liquid obtained in S3A and performing spray drying to obtain calcium citrate powder; mixing the decalcified solid residues obtained in S3A with water at a mass ratio of (1-2): (1-2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid-liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

23\. (New) The method according to claim 14, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified S3B, concentrating the calcium-containing liquid obtained in S3A and performing spray drying to obtain calcium citrate powder; mixing the decalcified solid residues obtained in S3A with water at a mass ratio of (1-2): (1-2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid-liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

24\. (New) The method according to claim 15, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified solid residues;
S3B, concentrating the calcium-containing liquid obtained in S3A and performing spray drying to obtain calcium citrate powder; mixing the decalcified solid residues obtained in S3A with water at a mass ratio of (1-2): (1-2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid-liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

25\. (New) The method according to claim 16, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified solid residues;
S3B, concentrating the calcium-containing liquid obtained in S3A and performing spray drying to obtain calcium citrate powder; mixing the decalcified solid residues obtained in S3A with water at a mass ratio of (1-2): (1-2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid-liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

26\. (New) The method according to claim 17, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified S3B, concentrating the calcium-containing liquid obtained in S3A and performing spray drying to obtain calcium citrate powder; mixing the decalcified solid residues obtained in S3A with water at a mass ratio of (1-2): (1-2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid-liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

27\. (New) The method according to claim 18, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified solid residues;
S3B, concentrating the calcium-containing liquid obtained in S3A and performing spray drying to obtain calcium citrate powder; mixing the decalcified solid residues obtained in S3A with water at a mass ratio of (1-2): (1-2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid-liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

28\. (New) The method according to claim 19, further comprising steps of extracting useful substances from the solid residues obtained in S3, comprising:
S3A, decolorizing the solid residues, then mixing the decolorized solid residues with water at a mass ratio of 1: (1.2-1.8), then adjusting the pH value to 2.5-3.5 with citric acid, controlling the temperature to 50-60°C, stirring for 8-10 h at a speed of 45-55 r/min, and
performing solid-liquid separation to obtain calcium-containing liquid and decalcified solid residues;
S3B, concentrating the calcium-containing liquid obtained in S3A and performing spray drying to obtain calcium citrate powder; mixing the decalcified solid residues obtained in S3A with water at a mass ratio of (1-2): (1-2), adding NaOH, adjusting the pH value to 13-14, then heating to 42-48°C, stirring at a constant temperature for 10-12 h, and performing solid-liquid separation to obtain solid substances; and
S3C, milling the solid substances obtained in S3B into a colloidal solution with a colloid mill, then mixing the colloidal solution with water at a mass ratio of 1: (1.5-2.5), adjusting the pH value to 3.0-3.2, heating to 45-55°C, stirring at a constant temperature for 6-10 h, performing solid-liquid separation, concentrating and spray-drying the liquid components obtained by the solid-liquid separation to obtain water-soluble chitosan, and drying and milling the solid components obtained by the solid-liquid separation to obtain water- insoluble chitosan.

29\. (New) The method according to claim 20, wherein in S3A, during the decolorizing, the solid residues and water are mixed at a mass ratio of 1: (1.2-1.8), heated to 42-48°C, then added with hydrogen peroxide, and stirred for 2-4 h, and solid-liquid separation is performed to obtain 3 4 5 6 7 8 9 10 decolorized solid residues. solid residues;

OFFICE ACTION:
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 .
Claim Objections
Claims 11, 20-29 are objected to because of the following informalities: the ranges in the ratios are provided in parenthesis; please remove the parenthesis.  Appropriate correction is required.
Claim 12 is objected to because of the following informalities: please place the “2” in “cm2” in a superscript (cm2).  Appropriate correction is required.
Claim 21 is objected to because of the following informalities: the formatting of these limitations is different than that of claims 20 and 22-28.  Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA  35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for the extraction of useful substances from crayfish shells, does not reasonably provide enablement for extraction of useful substances from “shrimp” shells.  The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to perform the invention commensurate in scope with these claims. The claims are drawn to a method of extracting useful substances from shrimp shells. It must first be established that “shrimp” is not a scientific classification and may or may not refer to any number of animals found in the order Decapoda. While some individuals consider “shrimp” and “prawns” so be the same, others would describe these as related, yet different, animals. See Fransen, (The Living Marine Resources of the Eastern Central Atlantic, Volume 1; Chapter: Shrimps and Pawns; pp.37-196, 2014). As is clear from Fransen, there is a tremendous amount of variety among animals referred to as “shrimps,” and “prawns.”
The definition of the claimed “shrimp” is important because all of the applied examples from the instant specification are drawn to crayfish, which are freshwater decapods. While crayfish are members of the order Decapoda, there is no evidence of record to suggest that they are ever referred to as “shrimp.”
Based upon the instant specification, it appears clear that the claimed method can extract astaxanthin from crayfish shells, whereas there is no evidence to suggest that the claimed method can extract this compound from any animal considered to be a “shrimp.” Considering the number of shrimp species described by Fransen, and the fact that only “Eastern Central Atlantic” shrimps and prawns are described in this chapter, would suggest that the non-scientific classification of “shrimp” is incredibly broad. Since the Applicant has only reasonably shown extraction from crayfish shells, and provided no examples for any decapod that is referred to as “shrimp” would suggest that the skilled artisan would need to provide ample experimentation to ensure that the claimed method could also reasonably be performed on a “shrimp.”
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 11-29 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 11 provides for the subjective term “useful.” As there is no clear definition of “useful,” it is unclear how to determine what the Applicant believes to be “useful,” and what is considered “waste.” Although there is an explicitly mention of extracting astaxanthin, there is nothing in the instant specification to suggest that this is the useful compound, or if there are other useful compounds that can be extracted by the claimed method. See MPEP 2173.05(b)(IV).
Conclusion

APPLICANT REBUTTAL: REMARKS
The Non-final Office Action issued September 11, 2024, presents the examination of claims 11-29.
Amendments to the claims
Claims 11, 12 and 20-29 are amended to address the formal matters identified by the Examiner in the Claim Objections at p. 2 of the Office Action
Claim 11 is further amended to recite that the shrimp are those selected from fresh water shrimp and "sea" shrimp. This amendment finds support in the specification at least in paragraph 12, and in the working Examples 1 and 2.
Claims 11 and 20-29 are further amended to delete the term "useful", describing substances obtained by the claimed methods, from the preamble of these claims.
No new matter is added by any amendment herein.
Claim Objections
The Examiner raises some formal objections to claims 11, 12 and 20-29 as detailed at p. 2 of the Office Action. Applicant submits that the objections relating to the text of the claims are all addressed by the amendments made herein.    Respectfully, Applicant's Representative requests that the Examiner please clarify what "formatting" differences are in claim 21 if this item has been missed.
Rejections under 35 USC § 112
Claims 11-29 are rejected under 35 USC § 112(a); the Examiner asserts that the specification is enabling for extraction of useful substances from
crayfish
shells, it is not reasonably enabling of such extractions from
shrimp
shells.
This rejection is respectfully traversed.  Reconsideration and withdrawal thereof are requested.
The Examiner argues that the scope of "shrimp", without more, is too broad to be used in the claims in view of the very large number of species that fall within the term. Notwithstanding that there might indeed be very many species of "shrimp" in nature, the Examiner has not explained why the claimed process cannot productively be used in the manner described in the specification to shells of other, e.g. Decapoda. Applicant notes in this regard that a working example is provided of extractions from shells of widely divergent species, that is one from crayfish (or "freshwater shrimp") and one from "sea shrimp", i.e. a saltwater species.
That being said, the present claims recite that the shrimp are either "freshwater" or "sea" shrimp. The first should not be objectionable, as the Examiner has described "crayfish" shells to which the claimed method is applied to in the working Example 1 of the specification, as "freshwater decapods." Applicant submits that the specification refers to "sea shrimp" shells as the starting material in the working Example 2.
Claims 11-29 are also rejected under 35 USC § 112(b) as lacking clarity in reciting that "useful" substances are obtained from the claimed methods. Applicant submits that the present amendments render this rejection moot.
Therefore, the present application, as amended, overcomes the rejections of record and is in condition for allowance.    Favorable consideration is respectfully requested.  If any unresolved issues remain, it is respectfully requested that the Examiner telephone the undersigned attorney at (703) 519-9951 so that such issues may be resolved as expeditiously as possible.
As Applicants' remarks with respect to the Examiner's rejections are sufficient to overcome these rejections, Applicants' silence as to assertions by the Examiner in the Office Action or certain requirements that may be applicable to such rejections (e.g., whether a reference constitutes prior art, ability to combine references, assertions as to patentability of dependent claims) is not a concession by Applicants that such assertions are accurate or such requirements have been met, and Applicants reserve the right to analyze and dispute such assertions in the future.
To the extent necessary, a petition for an extension of time under 37 C.F.R. § 1.136 is hereby made. Please charge any shortage in fees due in connection with the filing of this Response, including extension of time fees, to Deposit Account 504213 and please credit any excess fees to such deposit account.
Respectfully Submitted,
DITTHAVONG, STEINER & MLOTKOWSKI
December 9, 2024
Date
201 N. Union Street
Suite 110
Alexandria, VA 22314
Tel. (703) 519-9951
Fax (703) 519-9958

NEXT OFFICE 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 .
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: The previous Office Action rejected the claims on form, as there did not appear to be any art that either directly anticipated the claims or provide for reasonable motivation to apply the method in the manner claimed. The Applicant has corrected all matters of form, and the claims appear to be in a condition for allowance.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion