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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-14, in the reply filed on 5/18/2026 is acknowledged.
Claims 15-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/18/2026.
It is noted that claims 15-20 have also been canceled.
Information Disclosure Statement
The information disclosure statements dated 3/14/2023 and 9/21/2023 have been considered and made of record.
Claim Objections
Claim 8 is objected to because of the following informalities: The dependency of claim 8 is not clear from the current version of the claim. The claim will be treated on its merits as though it depends from claim 7. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 10 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 2, “the bottom side” lacks antecedent basis.
Claims 10 and 11 are considered indefinite because it is not clear if the claim encompasses a plurality of harvesting systems as recited in claim 1 or additional growth containers with harvesting systems as recited in claim 1 coupled to the additional growth containers. Note: As recited in claim 1, the harvesting system includes a growth container. Clarification and/or correction is requested.
Allowable Subject Matter
Claims 1, 3-7, 9 and 12-14 are allowed.
Claim 8 would be allowable if rewritten to overcome the object set forth in this Office action.
Claims 2, 10 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 and any claim dependent therefrom would be allowable because the prior art of record fails to teach or fairly suggest a harvesting system, in the claimed environment or scope of claim, that includes a growth container comprising a first mesh, a second mesh disposed over the first mesh such that the fungal biomass grows further through the second mesh, and a rotator or a slider coupled to the second mesh and configured to move the second mesh relative to the first mesh causing the fungal biomass to shear and transport the fungal biomass on the second mesh to a delivery area.
The closest prior art reference of Koehler (DE 3622172 and corresponding English machine translation) (Attached PTO-892) discloses a device (Fig. 5) that includes a first mesh (porous cylindrical body) (44); a second mesh (cylindrical mesh or grid)(46) disposed over the first mesh such that the fungal biomass grows further through the second mesh; and a cutting or scraping device (22); however, the prior art of record fails to teach or fairly suggest a rotator or a slider coupled to the second mesh and configured to move the second mesh relative to the first mesh causing the fungal biomass to shear and transport the fungal biomass on the second mesh to a delivery area.
The references of Steves (US 1,808,383)( IDS dated 9/21/2023) only discloses a device (Figs. 2 and 3) that includes a first mesh (mesh screen) (19, 20, 21, 22).
The reference of Brousse et al. (FR 2633801)(IDS dated 9/21/2023) only discloses a system (Figs. 1-3) that includes a plurality of vertically mounted growth containers comprising a first mesh (12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H BEISNER whose telephone number is (571)272-1269. The examiner can normally be reached on Mon-Fri from 8am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL A MARCHESCHI, can be reached at telephone number (571)272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/William H. Beisner/
Primary Examiner
Art Unit 1799
WHB
Prosecution Insights