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 .
Claims 1-15 are pending. Applicant's election with traverse of claims 1-5 in the reply filed on June 3, 2026 is acknowledged. The traversal is on the ground(s) that the claims are directed to a common inventive concept, This is not found persuasive because each group is a separate invention that requires a divergent search. The system of group III is directed to an apparatus with control units and dyeing units and these apparatus components are not present in invention I. Invention I is not dyed but just have the capability of being dyed. Invention I would not be prepared with a system containing a dyeing unit since the composition isn’t dyed. Invention II requires a system for anionic aqueous treatments which are also not present in invention I. Invention I stands alone and can be used without any further anionic treatment or system for applying this of dyes. The requirement is still deemed proper and is therefore made FINAL. Claims 6-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-5 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.
The term “concentrated” in claim 1 is a relative term which renders the claim indefinite. The term “concentrated” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The examiner does not know what strength range meets applicant’s limitation of “concentrated”. The examiner interpreted any NaOH strength to meet the concentrated limitation. Claims 2-5 are also rejected for being dependent upon claim 1 and inheriting the same deficiency.
Claim 3 is 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.
The term “strong” in claim 3 is a relative term which renders the claim indefinite. The term “strong” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The examiner does not know what strength range meets applicant’s limitation of “strong”. The examiner interpreted any bond to meet the strong limitation.
Claim 4 is 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. Claim 4 recites the limitation "the mycelial leather replacement composition" in 3. There is insufficient antecedent basis for this limitation in the claim since claim 3 depends from claim 1 and no mention is made of “leather replacement”.
Allowable Subject Matter
Claims 1-5 will be allowable after correction of the 112 second paragraph issues as the closest prior art, Vandelook et al. (Current State and Future Prospects of Pure Mycelium Materials. Fungal Biology and Biotechnology (2021) 8:20), teach that mycelium leather substrates (Figure 3) are effectively prepared by deacetylating mycelium to form chitosan (Figure 5), but do not teach or fairly suggest cationic chlorohydrin cationized mycelium with cellulosic fibers bonded which maintain a positively charged state in aqueous solution. The other closest prior art, Deeg (Greener Solutions: Improving performance of mycelium-based leather. Final Report to Mycoworks, PH 290- Greener Solutions Fall 2017), which teaches deacetylating a mycelium substrate to convert chitin to chitosan and crosslinking (page 7, paragraph 2; page 9, figure 3), but does not teach or fairly suggest cationic chlorohydrin cationized mycelium with cellulosic fibers bonded which maintain a positively charged state in aqueous solution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINA S KHAN whose telephone number is (571)272-5573. The examiner can normally be reached Monday-Friday, 9am-5:30pm EST.
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/AMINA S KHAN/Primary Examiner, Art Unit 1761
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