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 Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-20 recite a “recipe”. According to the Oxford English Dictionary the definition of a recipe is “A statement of the ingredients and procedure required for making something, (now) esp. a dish in cookery” (emphasis added). A recipe is not a machine, manufacture or composition of matter. A recipe is not a method because it is either a mental step or merely a printed description of the ingredients and procedure required for making something, but not the method itself. As such, the instantly pending claims fail to recite an invention that falls within one of the four statutory classes of invention. Since the claims do not fall within any of the statutory classes of invention, the claims have not been evaluated on their merits with respect to the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20030180393 which teaches a combination of mushrooms and whey protein concentrate. [0099]
US 20180280430 which teaches a single dosage form comprising whey protein, egg, soy protein, hemp protein, peanut butter, coconut oil, olive oil and mushroom. [0029,0069,0082]
Guthrie https://www.wellbeing.com.au/recipes/hemp-mushroom-risotto.html, published online 14 Nov. 2019, retrieved 29 July 2025 which teaches a combination of hemp and mushrooms.
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/Michele L Jacobson/Primary Examiner, Art Unit 1793