Office Action 1: Non-Final Rejection (2024-06-18)
Rejection types: Double Patenting

CLAIMS:
CLAIMS What is claimed is:
1\. A process of treating individualized trichomes to remove proteins, whereby the process comprises: a. selecting a trichome containing biomass; b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content; c. wetting the trichomes; d. reacting the trichomes with a reactant comprising at least one of a chlorite, a peroxide, and a peracid at a pH greater than about 8; e. removing the trichomes from the reaction; and f. measuring the protein content of the reacted trichomes.
2\. The process of Claim 1 wherein the peracid is peracetic acid.
3\. The process of Claim 2 wherein peracetic acid is generated by reacting N,N,N’,N’-Tetraacetylethylenediamine with hydrogen peroxide.
4\. The process of Claim 1 wherein the temperature of the reacting step d is maintained above 20oC.
5\. The process of Claim 1 wherein the pH of the reacting step d is maintained above 5.0.
6\. The process of Claim 1 wherein the reaction of the reacting step d is for greater than 1 minute.
7\. The process of Claim 1 wherein the biomass is from Stachys byzantina.
8\. A process of treating individualized trichomes to remove proteins, whereby the process comprises: a. selecting a trichome containing biomass; b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content; c. wetting the trichomes; d. reacting the trichomes with a first reactant; e. reacting the trichomes with a second reactant; f. removing the trichomes from the second reaction; and g. measuring the protein content of the reacted trichomes.
9\. The process of Claim 8 wherein the trichomes are removed from the first reaction before reacting with the second reactant.
10\. The process of claim 8 wherein the peracid is peracetic acid.
11\. The process of Claim 8 wherein the peracetic acid is generated by reacting N,N,N’,N’-Tetraacetylethylenediamine with hydrogen peroxide.
12\. The process of Claim 8 wherein the first reactant, the second reactant, or both reactants comprise sodium chlorite.
13\. The process of Claim 12 wherein hydrogen peroxide is included in the reaction.
14\. The process of Claim 12 wherein the temperature is maintained above 20oC.
15\. The process of Claim 8 wherein the biomass is from Stachys byzantina.
16\. The process of Claim 8 wherein at least one of the first and second reactants comprise a peracid and a peracid activator.
17\. The process of Claim 8 wherein the individualized trichomes have a Hunter Color value of L\* greater than 87.
18\. The process of Claim 17 wherein the individualized trichomes have a Hunter Color value of b\* less than 17.
19\. The process of Claim 8 wherein protein present in the individualized trichomes is reacted with the first and second reactants so as to break down the protein via oxidation, yielding individualized trichomes.

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 .
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of U.S. Patent No. 11,427,960 and 11,846,068. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application includes all of the claimed limitations of the other patents but adds an additional pH requirement.  This additional limitation is well within the range of obviousness for further clarifying the treatment liquids as understood by the average artisan.
Conclusion

APPLICANT REBUTTAL: REMARKS
Claim Status
Claims 1-19 are pending in the present application.
Double Patenting
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of U.S. Patent No. 11,427,960 (P&G 15300) and 11,846,068 (P&G 15300C).
A Terminal Disclaimer is being submitted herewith to overcome this rejection.
Conclusion

NEXT 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 .
Terminal Disclaimer
The terminal disclaimer filed on 09/17/2024 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of USP 11,427,960 and 11,846,068 has been reviewed and is accepted.  The terminal disclaimer has been recorded.
Allowable Subject Matter
Claims 1-19 are allowed.
The following is an examiner’s statement of reasons for allowance: The primary reason for allowance is that it has not been shown or reasonably suggested by the prior art to have a method of treating individualized trichomes in order to remove proteins in the claimed manner.  While separating of trichomes from plant matter has been done in the past, the specific methodology of the claims that include a reduction of protein content during the separation process has not been reasonably shown by the prior art as a whole.
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

CITED REFERENCE SUMMARIES: Ref US11427960B2: Claims:
A process of treating individualized trichomes to remove proteins, whereby the process comprises: a. selecting a trichome containing biomass, b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content, c. wetting the trichomes, d. reacting the trichomes with a reactant comprising a peracid and a peracid activator, e. removing the trichomes from the reaction, and f. measuring the protein content of the reacted trichomes wherein protein present in the individualized trichomes is reacted with the reactant to break down the protein via oxidation, yielding individualized trichomes with less than 0.1% protein by weight of molecular weight greater than 3,500 daltons.
a. selecting a trichome containing biomass,
b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content,
c. wetting the trichomes,
d. reacting the trichomes with a reactant comprising a peracid and a peracid activator,
e. removing the trichomes from the reaction, and
f. measuring the protein content of the reacted trichomes
wherein protein present in the individualized trichomes is reacted with the reactant to break down the protein via oxidation, yielding individualized trichomes with less than 0.1% protein by weight of molecular weight greater than 3,500 daltons.
The process of claim 1 wherein the peracid is peracetic acid.
The process of claim 2 wherein peracetic acid is generated by reacting N,N,N′,N′-Tetraacetylethylenediamine with hydrogen peroxide.
The process of claim 1 wherein the temperature of the reacting step d is maintained above 20° C.
The process of claim 1 wherein the pH of the reacting step d is maintained above 5.0.
The process of claim 1 wherein the reaction of the reacting step d is for greater than 1 minute.
The process of claim 1 wherein the biomass is from Stachys byzantina.
A process of treating individualized trichomes to remove proteins, whereby the process comprises: a. selecting a trichome containing biomass, b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content, c. wetting the trichomes, d. reacting the trichomes with a first reactant, e. reacting the trichomes with a second reactant, f. removing the trichomes from the second reaction, and g. measuring the protein content of the reacted trichomes wherein at least one of the first and second reactants comprise a peracid and a peracid activator, and wherein the individualized trichomes have Hunter Color values of L* greater than 87 and b* less than 17, and wherein protein present in the individualized trichomes is reacted with the first and second reactants so as to break down the protein via oxidation, yielding individualized trichomes with less than 0.1% protein by weight of molecular weight greater than 3,500 daltons.
d. reacting the trichomes with a first reactant,
e. reacting the trichomes with a second reactant,
f. removing the trichomes from the second reaction, and
g. measuring the protein content of the reacted trichomes
wherein at least one of the first and second reactants comprise a peracid and a peracid activator, and wherein the individualized trichomes have Hunter Color values of L* greater than 87 and b* less than 17, and wherein protein present in the individualized trichomes is reacted with the first and second reactants so as to break down the protein via oxidation, yielding individualized trichomes with less than 0.1% protein by weight of molecular weight greater than 3,500 daltons.
The process of claim 9 wherein the trichomes are removed from the first reaction before reacting with the second reactant.
The process of claim 9 wherein the peracid is peracetic acid.
The process of claim 9 wherein the peracetic acid is generated by reacting N,N,N′,N′-Tetraacetylethylenediamine with hydrogen peroxide.
The process of claim 9 wherein the first reactant, the second reactant, or both reactants comprise sodium chlorite.
The process of claim 13 wherein hydrogen peroxide is included in the reaction.
The process of claim 14 wherein the temperature is maintained above 20° C.
The process of claim 9 wherein the biomass is from Stachys byzantina.
Ref US11846068B2: Claims:
A process of treating individualized trichomes to remove proteins, whereby the process comprises: a. selecting a trichome containing biomass; b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content; c. wetting the trichomes; d. reacting the trichomes with a reactant comprising at least one of a chlorite, a peroxide, and a peracid; e. removing the trichomes from the reaction; and f. measuring the protein content of the reacted trichomes; wherein protein present in the individualized trichomes is reacted with the reactant to break down the protein via oxidation, yielding individualized trichomes with less than 0.1% protein by weight of molecular weight greater than 3,500 daltons.
a. selecting a trichome containing biomass;
b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content;
c. wetting the trichomes;
d. reacting the trichomes with a reactant comprising at least one of a chlorite, a peroxide, and a peracid;
e. removing the trichomes from the reaction; and
f. measuring the protein content of the reacted trichomes;
wherein protein present in the individualized trichomes is reacted with the reactant to break down the protein via oxidation, yielding individualized trichomes with less than 0.1% protein by weight of molecular weight greater than 3,500 daltons.
The process of claim 1 wherein the peracid is peracetic acid.
The process of claim 2 wherein peracetic acid is generated by reacting N,N,N′,N′-Tetraacetylethylenediamine with hydrogen peroxide.
The process of claim 1 wherein the temperature of the reacting step d is maintained above 20° C.
The process of claim 1 wherein the pH of the reacting step d is maintained above 5.0.
The process of claim 1 wherein the reaction of the reacting step d is for greater than 1 minute.
The process of claim 1 wherein the biomass is from Stachys byzantina.
A process of treating individualized trichomes to remove proteins, whereby the process comprises: a. selecting a trichome containing biomass; b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content; c. wetting the trichomes; d. reacting the trichomes with a first reactant; e. reacting the trichomes with a second reactant; f. removing the trichomes from the second reaction; and g. measuring the protein content of the reacted trichomes; wherein at least one of the first and second reactants comprise a peracid and a peracid activator, and wherein the individualized trichomes have Hunter Color values of L* greater than 87 and b* less than 17, and wherein protein present in the individualized trichomes is reacted with the first and second reactants so as to break down the protein via oxidation, yielding individualized trichomes.
d. reacting the trichomes with a first reactant;
e. reacting the trichomes with a second reactant;
f. removing the trichomes from the second reaction; and
g. measuring the protein content of the reacted trichomes;
wherein at least one of the first and second reactants comprise a peracid and a peracid activator, and wherein the individualized trichomes have Hunter Color values of L* greater than 87 and b* less than 17, and wherein protein present in the individualized trichomes is reacted with the first and second reactants so as to break down the protein via oxidation, yielding individualized trichomes.
The process of claim 8 wherein the trichomes are removed from the first reaction before reacting with the second reactant.
The process of claim 8 wherein the peracid is peracetic acid.
The process of claim 8 wherein the peracetic acid is generated by reacting N,N,N′,N′-Tetraacetylethylenediamine with hydrogen peroxide.
The process of claim 8 wherein the first reactant, the second reactant, or both reactants comprise sodium chlorite.
The process of claim 12 wherein hydrogen peroxide is included in the reaction.
The process of claim 12 wherein the temperature is maintained above 20° C.
The process of claim 8 wherein the biomass is from Stachys byzantina.
Ref US11427960: Claims:
1. A process of treating individualized trichomes to remove proteins, whereby the process comprises:
a. selecting a trichome containing biomass,
b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content,
c. wetting the trichomes,
d. reacting the trichomes with a reactant comprising a peracid and a peracid activator,
e. removing the trichomes from the reaction, and
f. measuring the protein content of the reacted trichomes
wherein protein present in the individualized trichomes is reacted with the reactant to break down the protein via oxidation, yielding individualized trichomes with less than 0.1% protein by weight of molecular weight greater than 3,500 daltons.
2. The process of claim 1 wherein the peracid is peracetic acid.
3. The process of claim 2 wherein peracetic acid is generated by reacting N,N,N′,N′-Tetraacetylethylenediamine with hydrogen peroxide.
4. The process of claim 1 wherein the temperature of the reacting step d is maintained above 20° C.
5. The process of claim 1 wherein the pH of the reacting step d is maintained above 5.0.
6. The process of claim 1 wherein the reaction of the reacting step d is for greater than 1 minute.
7. The process of claim 1 wherein the biomass is from Stachys byzantina.
8. The process of claim 1 wherein the biomass is from Stachys byzantina.
9. A process of treating individualized trichomes to remove proteins, whereby the process comprises:
a. selecting a trichome containing biomass,
b. individualizing the trichomes from the biomass, wherein the trichomes have a protein content,
c. wetting the trichomes,
d. reacting the trichomes with a first reactant,
e. reacting the trichomes with a second reactant,
f. removing the trichomes from the second reaction, and
g. measuring the protein content of the reacted trichomes
wherein at least one of the first and second reactants comprise a peracid and a peracid activator, and wherein the individualized trichomes have Hunter Color values of L* greater than 87 and b* less than 17, and wherein protein present in the individualized trichomes is reacted with the first and second reactants so as to break down the protein via oxidation, yielding individualized trichomes with less than 0.1% protein by weight of molecular weight greater than 3,500 daltons.
10. The process of claim 9 wherein the trichomes are removed from the first reaction before reacting with the second reactant.
11. The process of claim 9 wherein the peracid is peracetic acid.
12. The process of claim 9 wherein the peracetic acid is generated by reacting N,N,N′,N′-Tetraacetylethylenediamine with hydrogen peroxide.
13. The process of claim 9 wherein the first reactant, the second reactant, or both reactants comprise sodium chlorite.
14. The process of claim 13 wherein hydrogen peroxide is included in the reaction.
15. The process of claim 14 wherein the temperature is maintained above 20° C.
16. The process of claim 9 wherein the biomass is from Stachys byzantina.