Prosecution Insights
Last updated: April 19, 2026
Application No. 18/009,924

MUSHROOM HANDLING APPARATUS

Non-Final OA §102§103§DP
Filed
Dec 12, 2022
Examiner
NGUYEN, PHUONG T
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Axis Technology and Development Limited
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
586 granted / 794 resolved
+3.8% vs TC avg
Strong +36% interview lift
Without
With
+36.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
47 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
17.9%
-22.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 794 resolved cases

Office Action

§102 §103 §DP
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/12/2022. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-2 and 7-21 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Alan (WO 2018172376 A1). Regarding claim 1, Alan discloses A mushroom handling apparatus (mushroom handling apparatus, tittle, figs.1-7) for handling mushrooms (conveyor mushrooms 1, figs.2-3) grown in a plurality of vertically spaced mushroom growing beds (growing beds 4, fig.1) arranged on trays in vertically tiered relationship on shelving (shelving 2, fig.1), said apparatus (mushroom handling apparatus) comprising: a frame (mushroom handling apparatus has frame, fig.1); a mushroom transfer device (first conveying device 10, fig.1) mounted on said frame and incorporating a first guide (chain 14, figs.1-3) adapted to extend circumferentially around the mushroom growing beds (growing beds 4); a plurality of mushroom holders (mushroom holders 20, figs.1-4) mounted on said first guide (chain 14) at spaced locations therealong; a drive (chain 16, figs.2-4) associated with said first guide (chain 14) and configured to move said mushroom holders (mushroom holders 20) to transfer mushrooms carried thereon between the mushroom growing beds (growing beds 4) and a mushroom transfer region at one end of said frame; a mushroom handling device (second conveying device 12, fig.5) mounted adjacent said mushroom transfer device (first conveying device 10) and incorporating a second guide (guide chain 41, fig.10), a portion of said second guide (guide chain 41) overlapping at least a portion of said first guide (chain 14) in the transfer region; a plurality of mushroom grippers (mushroom grippers 40, fig.10) mounted on said second guide (guide chain 41) wherein said mushroom holders (mushroom holders 20) and said mushroom grippers (mushroom grippers 40) are indexed on said first (chain 14) and second (guide chain 41) guides such that said mushroom grippers (mushroom grippers 40) are aligned with respective mushroom holders (mushroom holders 20) in the transfer region to facilitate transfer the mushrooms between said holders of said mushroom transfer device (first conveying device 10) to said grippers of said mushroom handling device (second conveying device 12); and a lifting device [page 5, lines 39-41 cited: “…the first conveying device is height adjustable to align the mushroom holders 20…”] for adjusting the height of said frame with respect to the shelving (shelving 2) to bring said mushroom transfer device (first conveying device 10) and said mushroom handling device (second conveying device 12) into vertical alignment with selected ones of the vertically tiered growing beds (growing beds 4). Regarding claim 2, Alan discloses said frame (frame of mushroom handling apparatus, fig.1) is adapted to be supported on the shelving (shelving 2, fig.1) and/or an adjacent lifting frame. Regarding claim 7, Alan discloses each mushroom holder (mushroom holders 20, figs.1-4) of said mushroom transfer device (first conveying device 10, fig.1) comprises a base portion (first conveying device 10, fig.1, has a base) and a pair of spaced apart fingers (fingers 24, 26, fig.4) extending outwardly from said base portion (base of first conveying device 10) to be located on either side of the stem of a mushroom such that the cap of the mushroom is supported upon said fingers (fingers 24, 26). Regarding claim 8, Alan discloses each mushroom gripper (mushroom grippers 40, fig.10) of said mushroom handling device (second conveying device 12, fig.5) comprises a pair of mushroom gripping members (gripping members 42, 44, fig.5) displaceable towards and away from one another to selectively engage either side of the cap of one of the mushrooms carried by an adjacent one of said mushroom holders (mushroom holders 20, figs.1-4), wherein said gripping members (gripping members 42, 44) of each gripper are arranged to engage mushrooms carried by respective mushroom holders (mushroom holders 20) when aligned therewith to transfer the mushrooms between said first (chain 14) and second (guide chain 41) guides in the transfer region. Regarding claim 9, Alan discloses each mushroom gripper (mushroom grippers 40, fig.10) is vertically displaceable at least in the transfer region to facilitate transfer of one of the mushrooms from a respective one of said mushroom holders (mushroom holders 20, figs.1-4) to a respective one of said mushroom grippers (mushroom grippers 40, fig.10) [Page 7, lines 1-19]. Regarding claim 10, Alan discloses said gripping members (gripping members 42, 44, fig.5) of each gripper (gripping members 42, 44, fig.5) are biased towards one another to grip one of the mushrooms therebetween, an actuator (part between gripping members 42, 44, fig.5) being provided for selectively displacing said gripping members (gripping members 42, 44) away from one another [Page 7, lines 1-19]. Regarding claim 11, Alan discloses a controller [control mechanism, Page 7, lines 1-19] arranged for operating said actuator (part between gripping members 42, 44, fig.5) of each mushroom gripper (mushroom grippers 40, fig.10) of said mushroom handling device (second conveying device 12, fig.5), at least in the transfer region, such that said gripping members (gripping members 42, 44, fig.5) selectively engage either side of the cap of a mushroom carried by an adjacent mushroom holder (see fig.6) of said mushroom transfer device (first conveying device 10, fig.1) to engage mushrooms carried by respective mushroom holders (mushroom holders 20, figs.1-4) when aligned therewith to transfer mushrooms between said first (chain 14) and second (guide chain 41) guides in the transfer region [Page 7, lines 1-19]. Regarding claim 12, Alan discloses said actuator (part between gripping members 42, 44, fig.5) of each mushroom gripper (mushroom grippers 40, fig.10) comprises an operating member (outer edge of mushroom grippers 40, fig.10) extending from each mushroom gripper (mushroom grippers 40) and having an inner end acting against respective operating levers to urge the respective gripping members (gripping members 42, 44) away from one another, said controller [control mechanism, Page 7, lines 1-19] comprising at least one control surface acting upon an outer end of said operating member (outer edge of mushroom grippers 40) to control the spacing between said gripping members (gripping members 42, 44, fig.5) of each mushroom gripper (mushroom grippers 40) as said gripper moves past said control surface [Page 7, lines 1-19]. Regarding claim 13, Alan discloses each mushroom gripper (mushroom grippers 40, fig.10) of said mushroom handling device (second conveying device 12, fig.5) is associated with a release mechanism adapted to release one of the mushrooms held by a respective one of said mushroom grippers (mushroom grippers 40) at a selected one or a plurality of positions in a sorting region as a function of the distance between said gripping members (gripping members 42, 44, fig.5) of each mushroom gripper (mushroom grippers 40) when a respective one of the mushrooms is held therein, thereby sorting the mushrooms by size [Page 9, line 38, Page 10, line 3]. Regarding claim 14, Alan discloses a respective punnet (punnet 47, figs.12, 30) at each of said plurality of selected positions for receiving the sorted mushrooms [Page 10, lines 1-3]. Regarding claim 15, Alan discloses a controller [control mechanism, Page 7, lines 1-19] for operating said actuator (part between gripping members 42, 44, fig.5) of each mushroom gripper (mushroom grippers 40, fig.10) of said mushroom handling device (second conveying device 12, fig.5), at least in the transfer region, such that said gripping members (gripping members 42, 44, fig.5) selectively engage either side of the cap of a mushroom carried by an adjacent mushroom holder of said mushroom transfer device (first conveying device 10, fig.1) to engage mushrooms carried by respective mushroom holders (mushroom holders 20, figs.1-4) when aligned therewith to transfer mushrooms between said first (chain 14) and second (guide chain 41) guides in the transfer region, wherein said release mechanism includes a control surface defining a grading member (grading bar 50, figs.26-29) arranged to engage said operating member of said operating mechanism of each gripper (mushroom grippers 40, fig.10) as it passes through the sorting region, to release a mushroom held therein at a respective one of said plurality of positions depending upon the distance between said gripping members (gripping members 42, 44, fig.5) of the respective gripper (mushroom grippers 40). Regarding claim 16, Alan discloses said control surface defining said grading member (grading bar 50, figs.26-29) is arranged at an inclined angle with respect to path said mushroom grippers (mushroom grippers 40, fig.10) in the sorting region. Regarding claim 17, Alan discloses said first guide (edge of chain 14, figs.7-10) comprises an endless flexible member extending between guide members (chain 14, guide chain 41) [Page 7, lines 21-24]. Regarding claim 18, Alan discloses said second guide (guide chain 41) comprises a guide rail (guide rail 46) upon which said plurality of mushroom grippers are supported and/or guided (mushroom grippers 40, fig.10) [Page 7, lines 8-11]. Regarding claim 19, Alan discloses A mushroom growing assembly (figs.1-7) comprising shelving (shelving 2, fig.1) defining a plurality of vertically spaced mushroom growing beds (growing beds 4) arranged in vertically tiered relationship, and said mushroom handling apparatus (mushroom handling apparatus, tittle, figs.1-7) of claim 1 mounted on said shelving (shelving 2) [Page 5, lines 7-13]. Regarding claim 20, Alan discloses mushrooms are transferred from the growing beds (growing beds 4) to the transfer region via said mushroom transfer device (first conveying device 10, fig.1) and from the transfer region to a sorting region via said mushroom handling device (second conveying device 12, fig.5). Regarding claim 21, Alan discloses said mushroom handling device (second conveying device 12, fig.5) is adapted to sort the mushrooms by size and to deliver sorted mushrooms to respective punnets (punnet 47, figs.12, 30). Claim Rejections - 35 USC § 103 The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Alan (WO 2018172376 A1) in view of Stover et al. (US 20140227067 A1). Regarding claim 3, Alan discloses substantially all the features as set forth in claim 2 above, such as the shelving, but does not disclose a selectively operable lock for locking said frame at a selected height on the shelving. Stover discloses a mushroom handling apparatus (apparatus 10, fig.1) comprises a selectively operable lock (magnetic lock 80, figs.6A-B). Regarding claim 4, Alan discloses said lock (magnetic lock 80, figs.6A-B) is biased to a locked position to prevent uncontrolled movement of said frame, an actuator (switch 82, figs.6A-B) being provided for selectively releasing said lock (magnetic lock 80) from the locked position. It would have been obvious to one of ordinary skill in the art at before the invention was made to modify a mushroom handling apparatus of Alan, by comprising a selectively operable lock; said lock is biased to a locked position to prevent uncontrolled movement of said frame, an actuator being provided for selectively releasing said lock from the locked position, as taught by Stover, in order to lock said frame at a selected height on the shelving. Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Alan (WO 2018172376 A1) in view of Hendrik (WO 2010151112 A2). Regarding claim 5, Alan discloses substantially all the features as set forth in claim 1 above, such as the mushroom holder and mushroom transfer device, but does not disclose a cutting device is provided for cutting off the stems of mushrooms as the mushrooms are carried by said mushroom holders of said mushroom transfer device. Hendrik discloses a mushroom handling apparatus (system 1, fig.1) comprises a cutting device (cutting member 15, fig.3, Page 10, lines 28-32). Regarding claim 6, Hendrik discloses said cutting device (cutting member 15, fig.3) is located on said frame in the transfer region [cutting member 15, fig.3, is positioned on the frame in the transfer region]. It would have been obvious to one of ordinary skill in the art at before the invention was made to modify a mushroom handling apparatus of Alan, by comprising a cutting device that is located on said frame in the transfer region, as taught by Hendrik, in order to cut off the stems of mushrooms. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of copending Application No. 18703353. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present applicant and that of copending Application No. 18703353 are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of copending Application No. 18703353. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Present application 18009924 Copending application 18703353 1. A mushroom handling apparatus for handling mushrooms grown in a plurality of vertically spaced mushroom growing beds arranged on trays in vertically tiered relationship on shelving, said apparatus comprising: a frame; a mushroom transfer device mounted on said frame and incorporating a first guide adapted to extend circumferentially around the mushroom growing beds; a plurality of mushroom holders mounted on said first guide at spaced locations therealong; a drive associated with said first guide and configured to move said mushroom holders to transfer mushrooms carried thereon between the mushroom growing beds and a mushroom transfer region at one end of said frame; a mushroom handling device mounted adjacent said mushroom transfer device and incorporating a second guide, a portion of said second guide overlapping at least a portion of said first guide in the transfer region; a plurality of mushroom grippers mounted on said second guide wherein said mushroom holders and said mushroom grippers are indexed on said first and second guides such that said mushroom grippers are aligned with respective mushroom holders in the transfer region to facilitate transfer the mushrooms between said holders of said mushroom transfer device to said grippers of said mushroom handling device; and a lifting device for adjusting the height of said frame with respect to the shelving to bring said mushroom transfer device and said mushroom handling device into vertical alignment with selected ones of the vertically tiered growing beds. 2. The apparatus of claim 1, wherein said frame is adapted to be supported on the shelving and/or an adjacent lifting frame. 3. The apparatus of claim 2, further comprising a selectively operable lock for locking said frame at a selected height on the shelving. 4. The apparatus of claim 3, wherein said lock is biased to a locked position to prevent uncontrolled movement of said frame with respect to the shelving, an actuator being provided for selectively releasing said lock from the locked position. 5. The apparatus of claim 1, wherein a cutting device is provided for cutting off the stems of mushrooms as the mushrooms are carried by said mushroom holders of said mushroom transfer device. 6. The apparatus of claim 5, wherein said cutting device is located on said frame in the transfer region. 7. The apparatus of claim 1, wherein each mushroom holder of said mushroom transfer device comprises a base portion and a pair of spaced apart fingers extending outwardly from said base portion to be located on either side of the stem of a mushroom such that the cap of the mushroom is supported upon said fingers. 8. The apparatus of claim 1, wherein each mushroom gripper of said mushroom handling device comprises a pair of mushroom gripping members displaceable towards and away from one another to selectively engage either side of the cap of one of the mushrooms carried by an adjacent one of said mushroom holders, wherein said gripping members of each gripper are arranged to engage mushrooms carried by respective mushroom holders when aligned therewith to transfer the mushrooms between said first and second guides in the transfer region. 9. The apparatus of claim 8, wherein each mushroom gripper is vertically displaceable at least in the transfer region to facilitate transfer of one of the mushrooms from a respective one of said mushroom holders to a respective one of said mushroom grippers. 10. The apparatus of claim 9, wherein said gripping members of each gripper are biased towards one another to grip one of the mushrooms therebetween, an actuator being provided for selectively displacing said gripping members away from one another. 11. The apparatus of claim 10, further comprising a controller arranged for operating said actuator of each mushroom gripper of said mushroom handling device, at least in the transfer region, such that said gripping members selectively engage either side of the cap of a mushroom carried by an adjacent mushroom holder of said mushroom transfer device to engage mushrooms carried by respective mushroom holders when aligned therewith to transfer mushrooms between said first and second guides in the transfer region. 12. The apparatus of claim 11, wherein said actuator of each mushroom gripper comprises an operating member extending from each mushroom gripper and having an inner end acting against respective operating levers to urge the respective gripping members away from one another, said controller comprising at least one control surface acting upon an outer end of said operating member to control the spacing between said gripping members of each mushroom gripper as said gripper moves past said control surface. 13. The apparatus of claim 1, wherein each mushroom gripper of said mushroom handling device is associated with a release mechanism adapted to release one of the mushrooms held by a respective one of said mushroom grippers at a selected one or a plurality of positions in a sorting region as a function of the distance between said gripping members of each mushroom gripper when a respective one of the mushrooms is held therein, thereby sorting the mushrooms by size. 14. The apparatus of claim 13, further comprising a respective punnet at each of said plurality of selected positions for receiving the sorted mushrooms. 15. The apparatus of claim 13, further comprising a controller for operating said actuator of each mushroom gripper of said mushroom handling device, at least in the transfer region, such that said gripping members selectively engage either side of the cap of a mushroom carried by an adjacent mushroom holder of said mushroom transfer device to engage mushrooms carried by respective mushroom holders when aligned therewith to transfer mushrooms between said first and second guides in the transfer region, wherein said release mechanism includes a control surface defining a grading member arranged to engage said operating member of said operating mechanism of each gripper as it passes through the sorting region, to release a mushroom held therein at a respective one of said plurality of positions depending upon the distance between said gripping members of the respective gripper. 16. The apparatus of claim 15, wherein said control surface defining said grading member is arranged at an inclined angle with respect to path said mushroom grippers in the sorting region. 17. The apparatus of claim 1, wherein said first guide comprises an endless flexible member extending between guide members. 18. The apparatus of claim 1, wherein said second guide comprises a guide rail upon which said plurality of mushroom grippers are supported and/or guided. 19. A mushroom growing assembly comprising shelving defining a plurality of vertically spaced mushroom growing beds arranged in vertically tiered relationship, and said mushroom handling apparatus of claim 1 mounted on said shelving. 20. The mushroom growing assembly of claim 19, wherein mushrooms are transferred from the growing beds to the transfer region via said mushroom transfer device and from the transfer region to a sorting region via said mushroom handling device. 21. The mushroom growing assembly of claim 20, wherein said mushroom handling device is adapted to sort the mushrooms by size and to deliver sorted mushrooms to respective punnets. 1. A mushroom handling apparatus for handling and packing mushrooms grown in a plurality of mushroom growing beds arranged on trays, said apparatus comprising: a frame; a mushroom transfer device mounted on said frame and incorporating a guide adapted to extend circumferentially around the mushroom growing beds; a plurality of mushroom holders mounted on said guide at spaced locations therealong; a mushroom packing device at one end of said frame; and a drive associated with said guide for moving said mushroom holders to transfer mushrooms carried thereon between the mushroom growing beds and said mushroom packing device; said mushroom packing device including a box support and a mushroom deliverer for automatically delivering mushrooms from said mushroom holders of said mushroom transfer device into a box located on said box support. 2. The apparatus as claimed in claim 1, wherein a portion of said guide of said mushroom transfer device is configured to carry said mushroom holders over said box support of said mushroom packing device, said mushroom packing device incorporating a pusher device being provided and having a least a portion thereof adapted to intersect the path of said guide such that said pusher device engages the heads of mushrooms held in said mushroom holders to displace the mushrooms out of said mushroom holders to fall into the box located on said box support. 3. The apparatus as claimed in claim 2, wherein said pusher device comprises an endless flexible member extending between guide pulleys or sprockets and driven by a drive such that a portion of said endless flexible member, arranged to intersect the path of said guide of said mushroom transfer device, travels at the same speed and direction as said mushroom holders to engage mushrooms carried on said mushroom holders and push the mushrooms out of said mushroom holders to fall into the box on said box support. 4. The apparatus as claimed in claim 3, wherein said guide pulleys or sprockets are arranged on either side of the path of said guide such that said endless flexible member traverses the path of said guide at an acute angle to said guide. 5. The apparatus as claimed in claim 3, wherein one or both of said guide pulleys or sprockets are mounted to be laterally displaced with respect to said guide to vary the point of intersection of said pusher device with the path of said guide to spread the mushrooms evenly into the box on said box support. 6. The apparatus as claimed in claim 1, wherein said box support is adapted to cyclically displace the box laterally and/or longitudinally as it is filled with mushrooms to spread the mushrooms evenly into the box. 7. The apparatus as claimed in claim 1, wherein said box support comprises a belt conveyor, a roller conveyor or a fixed or moveable table. 8. The apparatus as claimed in claim 1, wherein said box support is provided with a load cell for determining when the box has been filled with mushrooms, said box support or an associated pusher being adapted to move the box onto a transfer region when it is determined that the box is full. 9. The apparatus as claimed in claim 8, wherein said apparatus comprises said transfer region, and wherein at least a portion of said transfer region comprises a downwardly inclined roller conveyor. 10. The apparatus as claimed in claim 9, wherein said transfer region includes a pusher adapted to push filled boxes laterally into two or more rows on said transfer region. 11. The apparatus as claimed in claim 9, wherein said transfer region is adapted to feed filled boxes onto a conveyor. 12. The apparatus as claimed in claim 1, wherein said packing device further comprises a magazine for storing a supply of empty boxes and incorporating a controller for automatically supplying the empty boxes from said magazine onto said box support for filling the empty boxes with mushrooms. 13. The apparatus as claimed in claim 12, wherein said magazine is located above said box support. 14. The apparatus as claimed in claim 12, wherein said magazine is adapted to store a plurality of the empty boxes and said controller is programmed to sequentially supply the empty boxes onto said box support for filling. 15. The apparatus as claimed in claim 12, wherein said magazine incorporates a folding device for forming the empty boxes by folding cardboard blanks under the control of said magazine controller and sequentially supplying the empty boxes onto said box support to be filled, said magazine including a storage region for storing the cardboard blanks prior to folding. 16. The apparatus as claimed in claim 1, wherein the mushroom growing beds are arranged on trays in vertically tiered relationship on shelving, said apparatus further comprising a lift adapted to adjust the height of said frame with respect to the shelving to bring said mushroom transfer device and mushroom packing device into vertical alignment with selected ones of said vertically tiered growing beds. 17. The apparatus as claimed in claim 1, further comprising a cutter for cutting off the stems of mushrooms as they are carried by said mushroom holders of said mushroom transfer device. 18. The apparatus as claimed in claim 17, wherein said cutter is located adjacent said mushroom packing device. 19. The apparatus as claimed in claim 1, wherein each said mushroom holder of said mushroom transfer device comprises a base portion and a pair of spaced apart fingers extending outwardly from said base portion to be located on either side of the stem of a mushroom such that the cap of the mushroom is supported upon said fingers. 20. The apparatus as claimed in claim 19, wherein a portion of said guide of said mushroom transfer device is configured to carry said mushroom holders over said box support of said mushroom packing device, said mushroom packing device incorporating a pusher being provided and having a least a portion thereof adapted to intersect the path of said guide such that said pusher engages the heads of mushrooms held in said mushroom holders to displace mushrooms out of said mushroom holders to fall into the box located on said box support, wherein said pusher device of said mushroom packing device is adapted to engage the heads of mushrooms carried on said mushroom holders to laterally displace the mushrooms away from said base portion of said respective mushroom holder as said mushroom holders pass over said box support. 21. The apparatus of claim 1, wherein said guide of said mushroom transfer device comprises an endless flexible member extending between guide members. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. 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. /PHUONG T NGUYEN/Primary Examiner, Art Unit 3761 11/05/2025
Read full office action

Prosecution Timeline

Dec 12, 2022
Application Filed
Nov 05, 2025
Non-Final Rejection — §102, §103, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+36.5%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 794 resolved cases by this examiner. Grant probability derived from career allow rate.

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