Office Action 2: Final Rejection (2025-05-29)
Rejection types: Double Patenting

CLAIMS:
Amendments to the Claims

This listing of claims replaces all prior versions, and listings, of claims in the above- identified application:

Listing of Claims

Filing Date: October 27, 2023 Title: PROCESS FOR MODIFYING THE PROPERTIES OF CITRUS PULP

1-10. (Canceled)29

11\. (Currently Amended) A citrus fiber comprising:a modified citrus fiber having a c\* close packing concentration value of less than 3.8 w%, anhydrous basis; and
the modified citrus fiber is dispersible in standardized water at a mixing speed of from 800 rpm to 1000 rpm to a 3 w/w% citrus fiber/standardized water solution, and having a viscosity in a range from 2000 mPa-s to 15000 mPa-s, wherein said viscosity is measured at a shear rate of 5 s-1 at 20°C.

12\. (Currently Amended) The citrus fiber according to claim 11, wherein said citrus fiber has a moisture content of from 6% to 14%.

13\. (Previously Presented) The citrus fiber according to claim 11, wherein said citrus fiber is dispersible in standardized water at a mixing speed of 900 rpm.

14\. (Previously Presented) The citrus fiber according to claim 11 having a CIELAB L\* value of at least 90.

15\. (Previously Presented) The citrus fiber according to claim 14 having a CIELAB b\* value of less than 20.

16-18. (Canceled)1717

Title: PROCESS FOR MODIFYING THE PROPERTIES OF CITRUS PULP

19\. (Previously Presented) The citrus fiber according to claim 11, has a moisture content of 5% to 15%.

20\. (Previously Presented) The citrus fiber according to claim 11, wherein at least 90% of a volume of particles have a diameter of less than 1000 micrometers.

21\. (Previously Presented) The citrus fiber according to claim 20, wherein the diameter is from 50 micrometers to 1000 micrometers.

22\. (Previously Presented) The citrus fiber according to claim 21, wherein the citrus fibers have a D4,3 value in an oil-rich phase of below 15 micrometers.

23\. (Previously Presented) A blend comprising citrus fiber according to claim 11 and a plant- derived fiber.

24\. (Currently Amended) A food product, feed product, beverage, a personal care product,a pharmaceutical product, or a detergent product comprising a citrus fiber of claim 11 .

25\. (New) The citrus fiber according to claim 11, wherein the modified citrus fiber has a c\* close packing concentration value of less than 3.4 w%, anhydrous basis.

26\. (New) The citrus fiber according to claim 11, wherein the modified citrus fiber has a c\* close packing concentration value of less than 3.2 w%, anhydrous basis.

27\. (New) The citrus fiber according to claim 11, wherein the citrus fiber is hydrated and subjected to a bleaching agent.

28\. (New) The citrus fiber according to claim 27, wherein the bleaching agent is hydrogen peroxide.

29\. (New) The citrus fiber according to claim 27, wherein the citrus fiber is heat treated at a temperature of from 650 C to 1400 C for a period of 2 seconds to 60 seconds.

30\. (New) The citrus fiber according to claim 29, wherein the citrus fiber is pressure homogenized with a pressure of from 50 bar to 1000 bar.

31\. (New) The citrus fiber according to claim 30, wherein the citrus fiber is screw pressed at a speed and pressure to obtain a dry matter content of about 30 wt %.

32\. (New) A food product, a feed product, a beverage, a personal care product, a pharmaceutical product, or a detergent product comprising the blend of claim 23.

33\. (New) A citrus fiber comprising:a modified citrus fiber having a c\* close packing concentration value of less than 3.8 w%, anhydrous basis; andthe modified citrus fiber is dispersible in standardized water at a mixing speed of from 800 rpm to 1000 rpm to a 3 w/w% citrus fiber/standardized water solution, and having a viscosity in a range from 2000 mPa-s to 15000 mPa-s, wherein said viscosity is measured at a shear rate of5s-1at20SVG {EMBED HERE} 0.140.207 wherein the modified citrus fiber is obtained by a process comprising:
hydrating citrus fiber;
subjecting the citrus fiber to a bleaching agent;
heat treating the hydrated and bleached citrus fiber at a temperature of from 50 °C to 140 °C for a period of 2 seconds to 60 seconds;
treating the hydrated and bleached citrus fiber to obtain homogenized citrus fiber;

Filing Date: October 27, 2023

Title: PROCESS FOR MODIFYING THE PROPERTIES OF CITRUS PULP washing the homogenized citrus fiber with an organic solvent to obtain organic solvent washed citrus fiber;feeding the organic solvent washed citrus fiber through a screw press at a speed and pressure to obtain a dry matter content of about 30 wt %;
milling the screw pressed citrus fiber;
adding 40% to 60% solvent solution, comprising 70 wt% to 100 wt% solvent, to the milled citrus fiber, placing the milled citrus fibers in a vacuum dryer, and vacuum drying the milled citrus fiber using heated water at a temperature of at least 95 0C for at least 4 hours, to remove the solvent from the milled citrus fiber, to form a vacuum dried citrus fiber;
comminuting or pulverizing the vacuum dried citrus fiber; and
recovering modified citrus fiber from the solvent solution.

OFFICE ACTION:
DETAILED ACTION
Notice of Pre-AIA  or AIA  Status
The present application is being examined under the pre-AIA  first to invent provisions.
Status of the Application
Receipt is acknowledged of the amendment and response filed 2/21/2025. Claims 11-15 and 19-33 are pending in the application. Claim 1 was amended, claims 16-18 were previously canceled  and claims 24-33 were added.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/21/2025 was filed before close of prosecution in the application..  The submission is in compliance with the provisions of 37 CFR 1.97.  Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA  as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 11-15 and 19-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of US Patent No. 11,623,967 and US Patent No. 11,834,776.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the patents recite methods of treating a citrus fiber material by similar method steps produce modified citrus fiber having properties as claimed in the current application.
Potentially Allowable Subject Matter
The subject matter in claims 11-15 and 19-33 is potentially allowable.
As summarized in art that was available at the time of the application, the connections between composition/structure/physical state and properties facilitates in providing cell wall materials with tailor-made functional properties by choice of suitable conditions for the preparation (Pickardt et al., cited in the IDS filed 10/23/2023). A method to make a modified citrus fiber with properties as claimed in the current invention, is claimed in the above patents by the applicant.
Further evidence is provided in the review article by Déléris et al., cited in the IDS filed 10/23/2023, detailing the relationship between processing history, including solvent removal and drying method on the functional properties of cellulose based materials.
Response to Arguments
Applicant’s arguments in view of claim amendments are persuasive. The previous rejection of claim 11 under 35 USC 112(b) is withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.

APPLICANT REBUTTAL: Remarks The Final Office Action of May 29, 2025, has been received and reviewed. In this Response, no claims are amended, no claims are cancelled, and no new claims are added.Therefore, claims 11-15 and 19-33 are pending. Applicant requests that the Examiner reconsider and withdraw the rejections.Double Patenting Reiection Claims 11-15 were rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims of U.S. Patent No. 11,623,967 and U.S.Patent No. 11,834,776.Electronic Terminal Disclaimers were filed on June 24, 2025, which were approved.Applicant submits this filing is in compliance with 37 C.F.R. § 1.321(c) and thereby obviates the double patenting rejections of pending claims. Withdrawal of the rejection is respectfully requested.Allowable Subject Matter Applicant thanks the Examiner for the indication of allowability of claims 11-15 and 19- 33. Upon withdrawal of the double patenting rejection, the claims are believed to be in condition for allowance.Summary Applicant submits that the claims are in condition for allowance and requests notification to that effect. Applicant invites the Examiner to contact the undersigned Applicant's Representative at the telephone number listed below if doing so may advance prosecution of this application.Respectfully submitted by Mueting Raasch Group 111 Washington Ave. S., Suite 700 Minneapolis, MN 55401 Phone: (612) 305-1220 Facsimile: (612) 305-1228 07/16/2025

NEXT OFFICE ACTION: DETAILED ACTION
Notice of Pre-AIA  or AIA  Status
The present application is being examined under the pre-AIA  first to invent provisions.
Status of the Application
Receipt is acknowledged of the amendment and response filed 7/16/2025. Claims 11-15 and 19-33 are pending in the application.
Terminal Disclaimer
The terminal disclaimers filed on 7/16/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No  11/623,967 and 11/834,776 have been reviewed and is accepted.  The terminal disclaimers have been recorded.
Response to Arguments
The double patenting rejection is withdrawn in view of the terminal disclaimers as above.
Claims 11-15 and 19-33 are allowable.
The following is an examiner’s statement of reasons for allowance: Claims 11-15 and 19-33 are allowable for the reasons detailed in the record.
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.”
Correspondence

CITED REFERENCE SUMMARIES: Ref US11623967: Claims:
1. A process for preparing citrus fibers from citrus pulp, the process comprising:
treating citrus pulp to obtain homogenized citrus pulp, wherein the treating comprises pressure homogenization;
subjecting the homogenized pulp to a bleaching agent;
washing the homogenized citrus pulp with an organic solvent to obtain organic solvent washed citrus pulp;
feeding the organic solvent washed citrus pulp through a screw press at a speed and pressure to obtain a dry matter content of about 30 wt % or more;
milling the screw pressed citrus pulp for at least 15 minutes;
vacuum drying the milled citrus pulp for at least 90 minutes adding at least 40% (db) of a 60% solvent solution;
vacuum drying the vacuum dried citrus pulp with water at a temperature of at least 95° C. for at least 4 hours to remove the solvent; and
recovering citrus fibers from the citrus pulp, wherein the citrus fiber has a D4,3 value less than 15 micrometers,
wherein the recovered citrus fibers have a moisture content in a range of from 5% to 15% and a c* close packing concentration of less than 3.8 w %, anhydrous basis.
2. The process according to claim 1, wherein the treating comprises pressure homogenization using a pressure of from 50 bar to 1000 bar.
3. The process according to claim 2, wherein said treating comprises a single-pass pressure homogenization using a pressure of from 300 bar to 1000 bar.
4. The process according to claim 2, wherein said treating comprises a multi-pass pressure homogenization comprising at least 2 passes, using a pressure of from 100 bar to 600 bar.
5. The process according to claim 1, wherein the citrus pulp is subjected to a heat treatment prior to the homogenization treatment at a temperature of from 50° C. to 140° C. for a period of 1 second to 3 minutes.
6. The process according to claim 1, wherein said process further comprises subjecting said citrus pulp to a processing aid selected from the group consisting of enzymes, acids, bases, hydrocolloids, vegetable fiber, and combinations thereof.
7. The process according to claim 1, wherein the bleaching agent comprises hydrogen peroxide.
8. The process according to claim 1, wherein the organic solvent is selected from the group consisting of methanol, ethanol, propanol, isopropanol, butanol, and combinations thereof.
9. The process according to claim 1, wherein the organic solvent comprises ethanol, isopropanol, or combinations thereof.
10. The process according to claim 9, wherein the organic solvent further comprises an organic non-polar co-solvent.
11. The process according to claim 10, wherein the non-polar co-solvent comprises up to 20 wt % of a mixture of a polar organic solvent and the non-polar organic solvent.
12. The process according to claim 10, wherein the organic non-polar co-solvent comprises ethyl acetate, methyl ethyl ketone, acetone, hexane, methyl isobutyl ketone, toluene, or a mixture thereof.
13. The process according to claim 2, wherein said treating is a multi-pass pressure homogenization comprising at least 3 passes, using a pressure of from 100 bar to 600 bar.
14. The process according to claim 1, wherein the organic solvent has a solids-to-solvent weight ratio of at least about 0.5:1.
15. The process according to claim 1, wherein the organic solvent has a solids-to-solvent weight ratio in a range of from about 1:1 to about 5:1.
16. The process according to claim 1, wherein the organic solvent has a solids-to-solvent weight ratio in a range of from about 1.5:1 to about 3:1.
17. The process according to claim 1 further comprising applying a processing aid to the citrus pulp.
18. The process according to claim 17, wherein the processing aid comprises an enzyme, an acid, a base, a hydrocolloid, a vegetable fiber, or a mixture thereof.
19. The process according to claim 17, wherein the processing aid is applied to the citrus pulp prior to homogenization of the citrus pulp.
20. The process according to claim 1, wherein the recovered citrus fiber has a diameter of less than 1000 micrometers.
Ref US11834776: Claims:
1. A process for modifying the characteristics of citrus fiber comprising:
hydrating citrus fiber;
subjecting the citrus fiber to a bleaching agent;
heat treating the hydrated and bleached citrus fiber at a temperature of from 50° C. to 140° C. for a period of 2 seconds to 60 seconds;
treating the hydrated and bleached citrus fiber to obtain homogenized citrus fiber;
washing the homogenized citrus fiber with an organic solvent to obtain organic solvent washed citrus fiber;
feeding the organic solvent washed citrus fiber through a screw press at a speed and pressure to obtain a dry matter content of about 30 wt %;
milling the screw pressed citrus fiber;
adding 40% to 60% solvent solution, comprising 70 wt % to 100 wt % solvent, to the milled citrus fiber, placing the milled citrus fibers in a vacuum drier, and vacuum drying the milled citrus fiber using heated water at a temperature of at least 95° C. for at least 4 hours, to remove the solvent from the milled citrus fiber, to form a vacuum dried citrus fiber;
comminuting or pulverizing the vacuum dried citrus fiber; and
recovering modified citrus fiber from the solvent solution;
wherein said recovered citrus fiber is dispersible in standardized water at a mixing speed of from 800 rpm to 1000 rpm to a 3 w/w % citrus fiber/standardized water solution having a viscosity is in a range of from 2000 mPas to 15000 mPas as measured at a shear rate of 5 s−1 at 20° C.
2. The process according to claim 1, wherein said citrus fiber is obtained from citrus pulp, citrus peel, citrus rag and combinations thereof.
3. The process according to claim 1, wherein treating the hydrated and bleached citrus fiber comprises pressure homogenization using a pressure of from 50 bar to 1000 bar.
4. The process according to claim 3, wherein treating the hydrated and bleached citrus fiber is a single-pass pressure homogenization using a pressure of from 300 bar to 1000 bar.
5. The process according to claim 3, wherein treating the hydrated and bleached citrus fiber is a multi-pass pressure homogenization comprising at least 2 passes, using a pressure of from 100 bar to 600 bar.
6. The process according to claim 1, wherein heat treating comprises treating the hydrated and bleached citrus fiber at a temperature of from 80° C. to 100° C. for a period of 20 seconds to 45 seconds.
7. The process according to claim 1, wherein said process further comprises subjecting said citrus fiber to a processing aid selected from the group consisting of enzymes, acids, bases, hydrocolloids, vegetable fiber, and combinations thereof.
8. The process according to claim 1, wherein the bleaching agent comprises hydrogen peroxide.
9. The process according to claim 1, wherein the organic solvent is selected from the group consisting of methanol, ethanol, propanol, isopropanol, butanol, and combinations thereof.
10. The process according to claim 1, wherein the organic solvent is selected from the group consisting of ethanol, isopropanol, or combinations thereof.
11. The process according to claim 10, wherein the organic solvent further comprises an organic non-polar co-solvent.
12. The process according to claim 11, wherein the non-polar co-solvent comprises up to 20 wt % of a mixture of organic solvent and non-polar organic co-solvent.
13. The process according to claim 11, wherein the non-polar organic co-solvent comprises ethyl acetate, methyl ethyl ketone, acetone, hexane, methyl isobutyl ketone, toluene, or a mixture thereof.
14. The process according to claim 1, wherein milling the screw pressed citrus fiber is performed for 15 to 30 minutes.
15. The process according to claim 1, wherein vacuum drying the milled citrus fiber is performed for 90 minutes.
16. The process according to claim 1, wherein vacuum drying the vacuum dried citrus fibers is carried out with water at a temperature of 95° C. for 4 hours.