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 .
Status of the Application
Receipt is acknowledged of the amendment and response filed 11/21/2025. Claims 1,2,4,7,9,11,19,20,23,25,44,46,47, 49-54,56,59 and 68-70 are pending in the application. Claims 44,46,47,49-54,56,59 and 68-70 are withdrawn from consideration.
Response to Arguments
Applicant’s arguments have been considered. The arguments rely on structural characteristics potentially resulting from extrusion, such as alignment of components and formation of a specific fibrous structure. However the claims broadly recite extrudate and do not limit the product to the extrusion process by the applicant. Accordingly, the arguments are not fully commensurate in scope with the claims. The prior art of record does not specifically disclose extrusion of a mixture containing cultivated animal cells together with plant protein and a peptide cross-linking enzyme to produce a fibrous extrudate having aligned cellular or protein structures as recited. The rejection under 35 USC 103 is withdrawn.
It is noted, however, that various prototype or hybrid cultivated meat products incorporating plant components were publicly disclosed prior to the effective filing date, by entities such as Memphis Meats, Eat Just/Good Meat, and SuperMeat. These products are provided here as examples and are not interpreted as “prior art.” The specific manufacturing processes used to produce such products are not clearly described in the record.
However, absent limitations tying the claimed product specifically to the extrusion process and conditions that generate the claimed structure, the claimed subject matter would require comparison with numerous such existing products and disclosures in order to determine whether the product is structurally distinct. Furthermore, it is not possible to distinguish between cultivated/cultured animal cells and natural animal cells in a food product. Including the process steps and conditions that produce the recited fibrous structure in the claimed invention may help to advance prosecution.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Subbalakshmi Prakash whose telephone number is (571)270-3685. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at (571) 272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUBBALAKSHMI PRAKASH/ Primary Examiner, Art Unit 1793
Prosecution Insights