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 .
The amendment and response filed on December 19, 2025 are received.
New claims 16-19 are added.
Claims 1-19 are pending in this application, claims 4-15 are withdrawn from further consideration (see Restriction/Election below), and claims 1-3 and 16-19 are being examined.
Restriction/Election:
Applicant’s election without traverse of Group I, claims 1-3 and 16-19, in the reply filed on12/19/2025 is acknowledged.
Claims 4-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions (Groups II-IV), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025.
Claim Rejection - 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 1-3 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones, et al. (Fire and Materials, 2018, Vol. 42, p. 816 – 882).
Regarding claim 1, Jones et al. a mycelium composite material comprising: a fungi generated mycelium fiber matrix; and a biofiller dispersed within the matrix, wherein the biofiller provides a structural element and nutrition source for the fungi and the mycelium fibers bind the biofiller (mycelium composite, rice hull and wheat grain substrates (function to support fungal growth) inoculated substrate deposited into sterile plastic moulds, hyphal growth bind the substrates, …, dehydrated square tile) (See for example, p. 817 figure 1 and its description, p. 817 paragraph 2.2 -Continued on p. 818 left-hand column 1st paragraph).
Regarding claim 2, Jones et al. the mycelium composite material of claim 1, wherein the biofiller is an organic filler, an inorganic filler, or a combination thereof (rice hull and wheat grain) (See for example, p. 817 paragraph 2.2).
Regarding claim 3, Jones et al. the mycelium composite material of claim 1, further including a core of fungi colonized substrate encased by a water-repellant fungi skin, wherein the core and skin include a mycelium fiber network (mycelium composite, rice hull and wheat grain substrates (function to support fungal growth) inoculated substrate) (See for example, p. 817 figure 1 and its description, p. 817 paragraph 2.2 -Continued on p. 818 left-hand column 1st paragraph).
Regarding claim 16, Jones et al. the mycelium composite material of claim 1, wherein the biofiller includes a source of silica in the nutrition source to enhance fire resistance of the mycelium composite (composite constituents rice hull and glass fines containing silica) (See for example, p. 817 right-hand column paragraph 2.1).
Regarding claim 1, Jones et al. the mycelium composite material of claim 1, being heated to kill any living microbes in the mycelium composite (“Preparation of mycelium composites” substrates sterilized before use, etc.) (See for example, p. 817 paragraph 2.2 -Continued on p. 818 left-hand column 1st paragraph).
Regarding claim 18, Jones et al. the mycelium composite material of claim 1, being pressure molded to enhance mechanical strength of the mycelium composite material (inoculated substrate deposited into sterile plastic moulds, forming a dehydrated square tile) (See for example, p. 817 paragraph 2.2 -Continued on p. 818 left-hand column 1st paragraph, and p. 817 Figure 1 and its description).
Regarding claim 19, Jones et al. the mycelium composite material of claim 1, provided on or within a building envelope (mycelium composite as a dehydrated square tiles, and mycelium composite material use in civil construction) (See for example, p. 817 Figure 1 and its description, and p. 824 left-hand column 1st paragraph).
Jones et al. therefore anticipate the claimed mycelium composite material.
Conclusion(s):
No claims is allowed at this time.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KADE ARIANI whose telephone number is (571)272-6083. The examiner can normally be reached IFP, Monday - Friday, 8:00 AM -4:00 PM EST.
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/KADE ARIANI/Primary Examiner, Art Unit 1651
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