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 .
DETAILED ACTION
The Amendments filed on 7/20/2026 has been received and entered.
Claims 1-37 are pending. Claims 1-35 and 37 are examined on the merits. Claim 36 is withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any rejection not reiterated below are hereby withdrawn.
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-35 and 37) in the reply filed on 3/17/2026 is acknowledged.
Claim 36 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/17/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/18/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Claim Rejections - 35 USC § 102
Claims 1-6, 8, 10-11, 13, 18-19, 21, 25, 29-30, 32-35, and 37 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Carlton et al. (from IDS, US 20220354068 A1). This is not a new rejection.
Carlton et al. teaches a method of processing an edible aerial mycelium further includes at least one of: boiling the edible aerial mycelium in an aqueous saline solution; brining the edible aerial mycelium in a brining solution; and drying the edible aerial mycelium. In some aspects, at least one of the aqueous saline solution and the brining solution includes at least one additive. In some aspects, the at least one additive is a flavorant, a colorant, or both [0014]. 0329] (c) Perforate the sliced mycelium sections (e.g., using spiked roller, dough docking, or other perforation equipment and methods, such as those described elsewhere herein) to allow moisture to escape during dehydrating/smoking or other steps while allowing flavors to penetrate during brining stage. [0330] (d) Boil in a first aqueous saline solution. This can kill microbes, reduce malodors, reduce moisture, denatures proteins, or provide other benefits described herein. Boiling can remove bitter or other undesired flavors. Larger sliced sections may require a longer boiling time. [0331] (e) Marinate. This can include mixing one or more colors (oil soluble carotenoid that is heat stable, e.g., not affected by pH), smoke and/or salmon fish flavors, sunflower oil, salt, sugar, and acid to further tenderize. This marinate step can be completed in a previous stage for a longer marinate time. A preservative can be introduced during the marinade. A device to tenderize and/or improve marinade absorption, such as a vacuum tumbler can be implemented, and can improve yield and/or reduce marinade time requirements for a desired result. [0332] (f) Dry or smoke. Apply heat and/or use a smoker. Dry to further remove moisture to desired texture and/or water activity, depending on desired texture. [0247] In some aspects, an additive can be a fat, a protein, a peptide, an amino acid, a flavorant, an aromatic agent, a mineral, a vitamin, a micronutrient, a colorant, or a preservative; or a combination thereof. An additive can be a naturally occurring additive or an artificial additive, or a combination thereof. [0248] Non-limiting examples of a fat include almond oil, animal fat, avocado oil, butter, canola oil (rapeseed oil), coconut oil.
[0456] Open volume (volume fraction). Aerial mycelia were obtained essentially as described in Example 6. After extraction from the growth matrix, the mycelium was dried for 18 hours at 110° F., after which the residual moisture content was less than about 10% (w/w) of the total mass of the mycelium. The open volume (volume fraction) of the dried mycelium was measured by a variety of methods.
[0258] Non-limiting examples of a vitamin include ascorbic acid (vitamin C), biotin, a retinoid, a carotene, vitamin A, thiamine (vitamin B1), riboflavin (vitamin B2), niacin (vitamin B3), pantothenic acid (vitamin B5), pyridoxine (vitamin B6), folate, folic acid (vitamin B9), cobalamin (vitamin B12), choline, calciferol (vitamin D), alpha-tocopherol (vitamin E) or phylloquinone (menadione, vitamin K); or a combination thereof.
Atmosphere has a pressure and tumbler has a pressure; thus, the limitation of Claim 10 is met. Flavoring ingredients have a volume, which is added to the mycelium, which also has a volume; thus, the limitation of Claim 11 is met. 1 atmospheric pressure is 1013 mbar; therefore, the limitation of Claim 13 is met.
Claim Rejections - 35 USC § 103
Claim(s) 1-35 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Miao (CN 107691625 A, translation provided) further in view of Carlton et al. (from IDS, US 20220354068 A1). This is not a new rejection.
Miao teaches processing an edible mushroom involves washing edible mushroom, blanching mushroom with hot water, removing edible mushrooms after blanching, cooking in water at 80-90 degrees C for 10-20 minutes, and boiling into boiled liquid for cooking to obtain cooked mushroom. The cooked mushroom is sent to a centrifugal dehydrator for dehydration to obtain dehydrated mushroom having moisture content of 60-80%. The dehydrated mushroom is sent into a vacuum tumbler for tumbling at a pressure of -0.1MPa for 50 minutes. The obtained mushroom is placed in an oven and baked, and when temperature of oven reaches to 30-35 degrees C then heating is stopped and baked for one hour, and then temperature is increased until oven temperature reaches to 35-40 degrees C, where temperature is increased to 45-50 degrees C and baked for 3-5 hours until the baking is completed to obtain baked mushroom. The obtained mushroom is air-dried, put into the screen that is hollowed at bottom at time of drying, and moisture content of mushroom is measured when air-drying is carried out until the moisture content reaches 40-45%, and then drying is stopped. The obtained mushroom is sterilized in a sterilization chamber at 90-120 degrees C for 30-45 minutes, and is subjected to bagging and sealing, and then stored in a cold room for refrigerating. The boiled liquid comprises 10-12 pts. wt. cola, 0.5-1 pts. wt. edible alkali, 0.3-0.8 pts. wt. sodium glutamate, 0.3-0.5 pts. wt. tannic acid, 0.1-0.3 pts. wt. methyl salicylate, 0.05-0.1 pts. wt. edible glycerine and 0.2-0.3 pts. wt. nicotinic acid (Description). Mushroom is aerial mycelium. Sodium glutamate is a flavoring. Atmosphere has a pressure and tumbler has a pressure; thus, the limitation of Claim 10 is met. Flavoring ingredients have a volume, which is added to the mycelium, which also has a volume; thus, the limitation of Claim 11 is met. 1 atmospheric pressure is 1013 mbar; therefore, the limitation of Claim 13 is met. 80 degree C is 176 degree F; thus, limitation of Claim 23 is met. 90 degree C is 194 degree F; therefore, limitation of Claim 22 is met.
However, Maio does not teach thiamine added based on about 1/5 th of the weight of sugar, flavoring component equal to between 2-4 times volume of mycelium segments, flavoring pressure between about 0 mbar to about 100 mbar, flavoring target temperature is at or below 40 degree F, target internal temperature is about 165 degree F, drying pressure is between about 3-about 5 mbar, drying temperature is between about 40 degree F-about 70 degree F, preconditioned air with a target humidity between about 0%-30% relative humidity, thiamine, coconut, marinade.
Carlton et al. teaches a method of processing an edible aerial mycelium further includes at least one of: boiling the edible aerial mycelium in an aqueous saline solution; brining the edible aerial mycelium in a brining solution; and drying the edible aerial mycelium. In some aspects, at least one of the aqueous saline solution and the brining solution includes at least one additive. In some aspects, the at least one additive is a flavorant, a colorant, or both [0014]. [0329] (c) Perforate the sliced mycelium sections (e.g., using spiked roller, dough docking, or other perforation equipment and methods, such as those described elsewhere herein) to allow moisture to escape during dehydrating/smoking or other steps while allowing flavors to penetrate during brining stage. [0330] (d) Boil in a first aqueous saline solution. This can kill microbes, reduce malodors, reduce moisture, denatures proteins, or provide other benefits described herein. Boiling can remove bitter or other undesired flavors. Larger sliced sections may require a longer boiling time. [0331] (e) Marinate. This can include mixing one or more colors (oil soluble carotenoid that is heat stable, e.g., not affected by pH), smoke and/or salmon fish flavors, sunflower oil, salt, sugar, and acid to further tenderize. This marinate step can be completed in a previous stage for a longer marinate time. A preservative can be introduced during the marinade. A device to tenderize and/or improve marinade absorption, such as a vacuum tumbler can be implemented, and can improve yield and/or reduce marinade time requirements for a desired result. [0332] (f) Dry or smoke. Apply heat and/or use a smoker. Dry to further remove moisture to desired texture and/or water activity, depending on desired texture. [0247] In some aspects, an additive can be a fat, a protein, a peptide, an amino acid, a flavorant, an aromatic agent, a mineral, a vitamin, a micronutrient, a colorant, or a preservative; or a combination thereof. An additive can be a naturally occurring additive or an artificial additive, or a combination thereof. [0248] Non-limiting examples of a fat include almond oil, animal fat, avocado oil, butter, canola oil (rapeseed oil), coconut oil.
[0456] Open volume (volume fraction). Aerial mycelia were obtained essentially as described in Example 6. After extraction from the growth matrix, the mycelium was dried for 18 hours at 110° F., after which the residual moisture content was less than about 10% (w/w) of the total mass of the mycelium. The open volume (volume fraction) of the dried mycelium was measured by a variety of methods.
[0258] Non-limiting examples of a vitamin include ascorbic acid (vitamin C), biotin, a retinoid, a carotene, vitamin A, thiamine (vitamin B1), riboflavin (vitamin B2), niacin (vitamin B3), pantothenic acid (vitamin B5), pyridoxine (vitamin B6), folate, folic acid (vitamin B9), cobalamin (vitamin B12), choline, calciferol (vitamin D), alpha-tocopherol (vitamin E) or phylloquinone (menadione, vitamin K); or a combination thereof.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to add thiamine because Carlton et al. teaches a method of processing an edible aerial mycelium further includes at least one of: boiling the edible aerial mycelium in an aqueous saline solution; brining the edible aerial mycelium in a brining solution; and drying the edible aerial mycelium. In some aspects, at least one of the aqueous saline solution and the brining solution includes at least one additive [0014]. [0258] Non-limiting examples of a vitamin include ascorbic acid (vitamin C), biotin, a retinoid, a carotene, vitamin A, thiamine (vitamin B1). One would have been motivated to make food preparation with thiamine for the expected benefit of enriching supplements is a food product of dried mycelium. Absent evidence to the contrary, there would have been a reasonable expectation of success in making the claimed invention from the combined teachings of the cited references.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to add coconut oil because Carlton et al. teaches a method of processing an edible aerial mycelium further includes at least one of: boiling the edible aerial mycelium in an aqueous saline solution; brining the edible aerial mycelium in a brining solution; and drying the edible aerial mycelium. In some aspects, at least one of the aqueous saline solution and the brining solution includes at least one additive [0014]. 0247] In some aspects, an additive can be a fat, a protein, a peptide, an amino acid, a flavorant, an aromatic agent, a mineral, a vitamin, a micronutrient, a colorant, or a preservative; or a combination thereof. An additive can be a naturally occurring additive or an artificial additive, or a combination thereof. [0248] Non-limiting examples of a fat include almond oil, animal fat, avocado oil, butter, canola oil (rapeseed oil), coconut oil. One would have been motivated to make food preparation with coconut oil for the expected benefit of enriching supplements is a food product of dried mycelium. Absent evidence to the contrary, there would have been a reasonable expectation of success in making the claimed invention from the combined teachings of the cited references.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use a marinade because Carlton et al. teaches [0331] (e) Marinate. This can include mixing one or more colors (oil soluble carotenoid that is heat stable, e.g., not affected by pH), smoke and/or salmon fish flavors, sunflower oil, salt, sugar, and acid to further tenderize. This marinate step can be completed in a previous stage for a longer marinate time. A preservative can be introduced during the marinade. A device to tenderize and/or improve marinade absorption, such as a vacuum tumbler can be implemented, and can improve yield and/or reduce marinade time requirements for a desired result. One would have been motivated to make use a marinade for the expected benefit of introducing flavor and/or preservative. Absent evidence to the contrary, there would have been a reasonable expectation of success in making the claimed invention from the combined teachings of the cited references.
The references also do not specifically teach performing the process in the time span and temperature range and pressure claimed by applicant. Flavoring pressure between about 0 mbar to about 100 mbar, flavoring target temperature is at or below 40 degree F, target internal temperature is about 165 degree F, drying pressure is between about 3-about 5 mbar, drying temperature is between about 40 degree F-about 70 degree F, preconditioned air with a target humidity between about 0%-30% relative humidity. The process in the time span and temperature range and pressure is clearly a result effective parameter that a person of ordinary skill in the art would routinely optimize. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Thus, optimization of general conditions is a routine practice that would be obvious for a person of ordinary skill in the art to employ. It would have been customary for an artisan of ordinary skill to determine the optimal process in the time span and temperature range to use in order to best achieve the desired results. Thus, absent some demonstration of unexpected results from the claimed parameters, this optimization of ingredient amount would have been obvious at the time of applicant’s invention.
The reference does not specifically teach adding the ingredients in the amounts claimed by applicant for flavoring mycelium. Thiamine added based on about 1/5 th of the weight of sugar, flavoring component equal to between 2-4 times volume of mycelium segments. The amount of a specific ingredient in a composition that is used for a particular purpose (the composition itself or that particular ingredient) is clearly a result effective parameter that a person of ordinary skill in the art would routinely optimize. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Thus, optimization of general conditions is a routine practice that would be obvious for a person of ordinary skill in the art to employ. It would have been customary for an artisan of ordinary skill to determine the optimal amount of each ingredient to add in order to best achieve the desired results. Thus, absent some demonstration of unexpected results from the claimed parameters, this optimization of ingredient amount would have been obvious at the time of applicant’s invention.
Response to Arguments
Applicant argues that Carlton does not teach boiling, flavoring or drying.
In response to Applicant’s argument, Carlton et al. teaches a method of processing an edible aerial mycelium further includes at least one of: boiling the edible aerial mycelium in an aqueous saline solution; brining the edible aerial mycelium in a brining solution; and drying the edible aerial mycelium. In some aspects, at least one of the aqueous saline solution and the brining solution includes at least one additive. In some aspects, the at least one additive is a flavorant, a colorant, or both [0014].
Applicant argues that it would not be obvious to combine the references.
In response to Applicant’s argument, the references teach methods of processing food. The methods of processing a dried food for consumption would be required to meet health and safety standards that are delineated by health and food and sanitary guidelines. It would be obvious to add thiamine added based on about 1/5 th of the weight of sugar, flavoring component equal to between 2-4 times volume of mycelium segments, flavoring pressure between about 0 mbar to about 100 mbar, flavoring target temperature is at or below 40 degree F, target internal temperature is about 165 degree F, drying pressure is between about 3-about 5 mbar, drying temperature is between about 40 degree F-about 70 degree F, preconditioned air with a target humidity between about 0%-30% relative humidity, thiamine, coconut, marinade for flavoring and creating a dried food.
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 CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached Monday-Friday 9-5:30 PM.
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Catheryne Chen Examiner Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
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