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 .
RESPONSE TO AMENDMENT
Claims 1-6 are pending in the application. Claims 7-10 have been cancelled.
Amendments to the claims 1, 3, and 5, filed on 14 July 2026, have been entered in the above-identified application.
Answers to Applicants' Arguments
Applicants' arguments in the response filed 14 July 2026, regarding the 35 U.S.C. §103 rejections made of record, have been fully considered and are deemed persuasive. The rejections have been withdrawn in view of the applicants' arguments and amendments to the claims. However, upon further consideration, a new grounds of rejection has been presented below in further view of Zang et al. (CN 111705092 A), and as further evidenced by Non-Patent Literature No. 3 ("4.1 Mycelium: the hyphal mode of growth") (referred to herein as "Moore") and Non-Patent Literature No. 4 ("The Magic Continues: Mycelial Growth") (referred to herein as "Raineri").
New and Repeated Rejections
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities:
With Regards to Claim 1: Claim 1 recites the limitation --the mycelium layer grows along a biofiber of the artificial bio-nutritional fiber layer and clings on the biofiber-- in lines 8 to 9, which appears to be a typographical error; for clarity, it is recommended to correct this to read "the mycelium layer extends to the biofiber".
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 1-6 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.
With Regards to Claims 1-6: Claim 1 recites the limitation --the mycelium layer grows along a biofiber of the artificial bio-nutritional fiber layer and clings on the biofiber-- in lines 8 to 9. As written, the claim is rendered indefinite because it can have two conflicting interpretations: (1) that the mycelium is actively in a state of "growth", wherein the "mycelium layer" is still growing along a biofiber; or (2) that the mycelium is in an inactive state (i.e., no longer growing along a biofiber). In the instant case, the invention is considered by the examiner to be in a static state wherein said limitation will be treated under the latter interpretation, and will be treated to read as "the mycelium layer extends
Claims 2-6, which depend upon claim 1, are rejected for the same reasons as recited above.
With Regards to Claims 3-6: Claim 3 recites the limitation --a weight percentage of the skeleton material in a paper-making step is from 10% to 90% and a weight percentage of the nutritional material in the paper-making step is from 10% to 90% based on 100% by weight percentage of the artificial bio-nutritional fiber layer-- in lines 2 to 5. As written, a person having ordinary skill in the art would not be adequately apprised as to the intended scope of the claimed invention. In the instant case, the aforementioned limitations are with regards to the material before fabrication of the claimed artificial leather, and a person of ordinary skill in the art would not be adequately apprised as to how they further define the limitation of the claims.
Claims 4 and 5, which depend upon claim 3, are rejected for the same reasons as recited above.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3-6 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
With Regards to Claims 3-6: Claim 3 recites the limitation --a weight percentage of the skeleton material in a paper-making step is from 10% to 90% and a weight percentage of the nutritional material in the paper-making step is from 10% to 90% based on 100% by weight percentage of the artificial bio-nutritional fiber layer-- in lines 2 to 5. However, the limitations are directed towards the amount of material prior to the production of the claimed artificial leather, and would not further limit or define the claimed artificial leather (i.e., the disclosure is silent with regards to the quantity of materials remaining or consumed in the production of the artificial leather). Therefore, it is the decision of the examiner that the limitation of the claims are of improper dependent form for failing to further limit the scope of the claimed invention. (For the purposes of examination, the limitation of claim 3 is considered to be a "product-by-process" limitation; wherein so long as the prior art discloses --the artificial bio-nutritional fiber layer comprises a skeleton material and a nutritional material, and the nutritional material comprises monosaccharide--, the limitation of claim 3 is considered taught.)
Claims 4-6, which depend from claim 3, are rejected for the same reasons as recited above.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 11,015,059 B2) (referred to herein as "Smith'059") in view of Chen et al. (CN 101660215 A) and Zang et al. (CN 111705092 A), and as further evidenced by Non-Patent Literature No. 3 ("4.1 Mycelium: the hyphal mode of growth") (referred to herein as "Moore") and Non-Patent Literature No. 4 ("The Magic Continues: Mycelial Growth") (referred to herein as "Raineri").
Regarding Claim 1: Smith'059 discloses a supporting material that can be a scaffold which can be embedded within composite mycelium material or cultivated mycelium material, the scaffold can by any woven, knitted, or non-woven fibrous structure with any combination of synthetic fiber or natural fiber (figure 3 and [Col. 30: li. 16 to Col. 31: li. 13] of Smith'059). Smith'059 also discloses that the mycelium material can include elongate hyphae defining fine filaments that interconnect with one another, and interconnect with various supporting materials ([Col. 15: li. 31-67] and [Col. 23: li. 27-31] of Smith'059). Specifically, Smith'059 provides for --an artificial leather, comprising: a fiber layer, comprising a first surface, a second surface opposite to the first surface and a plurality of holes extending from the first surface to the second surface and a plurality of holes extending from the first surface to the second surface; and a mycelium layer, encapsulating the first surface and the second surface of the fiber layer and extending from the first surface to the second surface through the plurality of holes, wherein a mycelium of the mycelium layer grows through the plurality of holes--. (In the instant case, because the supporting material comprises holes and is embedded within the composite mycelium layer, it would have been obvious to a person having ordinary skill in the art at the time the invention was made, that the mycelium layer would extends through the holes.)
Smith'059 fails to disclose --an artificial bio-nutritional fiber layer, wherein the artificial bio-nutritional fiber layer comprises a skeleton material and a nutritional material--.
Chen discloses composite fibers made of protein, cellulose, and sodium alginate in a weight ratio of (5-50):(50-59):(0-30) ([0002] and [0008]-[0012] of Chen).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the composite fibers of Chen with the fibers comprising the fiber layer disclosed by Smith'059 in order to have --an artificial bio-nutritional fiber layer, wherein the artificial bio-nutritional fiber layer comprises a skeleton material and a nutritional material--. One of ordinary skill in the art would have been motivated to have incorporated the composite fibers of Chen with the fibers comprising the fiber layer disclosed by Smith'059, from the stand-point of making green and eco-friendly textiles ([0006] of Chen).
Smith'059 in view of Chen fails to disclose --the nutritional material comprises monosaccharide--.
Zang discloses that monosaccharides can be quickly utilized by mycelium for growth and reproduction ([0037] of Zang).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated monosaccharides of Zang with the nutritional material of the artificial leather disclosed by Smith'059 in view of Chen in order to have --the nutritional material comprises monosaccharide--. One of ordinary skill in the art would have been motivated to have incorporated monosaccharides of Zang with the nutritional material of the artificial leather disclosed by Smith'059 in view of Chen, from the stand-point of quick growth and reproduction ([0037] of Zang). (In the instant case, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to have incorporated the monosaccharides as the nutritional material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. See MPEP §2144.07.)
Smith'059 in view of Chen and Zang discloses the claimed artificial leather, but does not explicitly recite that --a mycelium of the mycelium layer grows along a biofiber of the artificial bio-nutritional fiber layer and clings on the biofiber--. However, it has been evidenced by other non-patent literature that mycelium grows normally in such a manner. Moore discloses that the characteristic behaviour pattern of fungi, for which mycelial growth strategy is not unique, is to explore the habitat with rapidly-growing, sparsely-branched hyphae, then, when some of those hyphae find a nutrient, the mycelium captures and exploits the resource, from which it subsequently sends out a new generation of exploratory hyphae ([Pg. 1: paragraphs 1 and 3 of Moore). Raineri discloses the growth process of a mycelium network of intertwined hyphal threads, wherein as they grow, the mycelia break down the food source and stretch out whereby small tubular threads (hyphae) grow, grouping into bundles and spreading out as they grow ([Pg. 1 and Pg. 5 of Raineri). Therefore, as evidenced by Moore and Raineri the mycelium of the mycelium layer disclosed by Smith'059 in view of Chen and Zang would naturally grow (extend) along and cling to a biofiber (nutrient source) of the artificial bio-nutritional fiber layer, as claimed.
Regarding Claim 2: Smith'059 in view of Chen and Zang discloses that the hole diameter of each of the plurality of holes can be smaller than 1/32-inch (793 µm) (figure 3 and [Col. 10: li. 55-61] of Smith'059); which anticipates the claimed range of --500 µm to 1000 µm--. See MPEP §2131.03(I).
Regarding Claim 3: Smith'059 in view of Chen and Zang discloses that the artificial bio-nutritional fiber layer comprises a skeleton material (sodium alginate) and a nutritional material (protein), and a weight percentage of the skeleton material is from 0% to 30% (e.g., 20%) and a weight percentage of the nutritional material is from 5% to 50% (e.g., 30%) based on 100% by weight percentage of the artificial bio-nutritional fiber layer ([0012] and [0064] of Chen); which anticipates the claimed ranges of --10% to 90%-- and --10% to 90%--. See MPEP §2131.03(I).
Regarding Claim 4: Smith'059 in view of Chen and Zang discloses that the skeleton material comprises alginate salt (also known as "sodium alginate") ([0008]-[0012] of Chen).
Regarding Claim 5: Smith'059 in view of Chen and Zang discloses that the nutritional material comprises vegetable protein (e.g., plant proteins extracted from soybean) ([0010] of Chen).
Regarding Claim 6: Smith'059 in view of Chen and Zang discloses that the vegetable protein comprises soy protein ([0010] of Chen).
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2023/0055130 A1) (referred to herein as "Smith'130") in view of Chen et al. (CN 101660215 A) and Zang et al. (CN 111705092 A), and as further evidenced by Non-Patent Literature No. 3 ("4.1 Mycelium: the hyphal mode of growth") (referred to herein as "Moore") and Non-Patent Literature No. 4 ("The Magic Continues: Mycelial Growth") (referred to herein as "Raineri").
Regarding Claim 1: Smith'130 discloses a supporting material that can be a scaffold which can be embedded within composite mycelium material or cultivated mycelium material, the scaffold can by any woven, knitted, or non-woven fibrous structure with any combination of synthetic fiber or natural fiber (figure 3, [0018], and [0125]-[0128] of Smith'130). Smith'130 also discloses that the mycelium material can include elongate hyphae defining fine filaments that interconnect with one another, and interconnect with various supporting materials ([0050] and [0051] of Smith'130). Specifically, Smith'130 provides for --an artificial leather, comprising: a fiber layer, comprising a first surface, a second surface opposite to the first surface and a plurality of holes extending from the first surface to the second surface and a plurality of holes extending from the first surface to the second surface; and a mycelium layer, encapsulating the first surface and the second surface of the fiber layer and extending from the first surface to the second surface through the plurality of holes, wherein a mycelium of the mycelium layer grows through the plurality of holes--. (In the instant case, because the supporting material comprises holes and is embedded within the composite mycelium layer, it would have been obvious to a person having ordinary skill in the art at the time the invention was made, that the mycelium layer would extends through the holes.)
Smith'130 fails to disclose --an artificial bio-nutritional fiber layer, wherein the artificial bio-nutritional fiber layer comprises a skeleton material and a nutritional material--.
Chen discloses composite fibers made of protein, cellulose, and sodium alginate in a weight ratio of (5-50):(50-59):(0-30) ([0002] and [0008]-[0012] of Chen).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the composite fibers of Chen with the fibers comprising the fiber layer disclosed by Smith'130 in order to have --an artificial bio-nutritional fiber layer, wherein the artificial bio-nutritional fiber layer comprises a skeleton material and a nutritional material--. One of ordinary skill in the art would have been motivated to have incorporated the composite fibers of Chen with the fibers comprising the fiber layer disclosed by Smith'130, from the stand-point of making green and eco-friendly textiles ([0006] of Chen).
Smith'130 in view of Chen fails to disclose --the nutritional material comprises monosaccharide--.
Zang discloses that monosaccharides can be quickly utilized by mycelium for growth and reproduction ([0037] of Zang).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated monosaccharides of Zang with the nutritional material of the artificial leather disclosed by Smith'130 in view of Chen in order to have --the nutritional material comprises monosaccharide--. One of ordinary skill in the art would have been motivated to have incorporated monosaccharides of Zang with the nutritional material of the artificial leather disclosed by Smith'130 in view of Chen, from the stand-point of quick growth and reproduction ([0037] of Zang). (In the instant case, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to have incorporated the monosaccharides as the nutritional material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. See MPEP §2144.07.)
Smith'130 in view of Chen and Zang discloses the claimed artificial leather, but does not explicitly recite that --a mycelium of the mycelium layer grows along a biofiber of the artificial bio-nutritional fiber layer and clings on the biofiber--. However, it has been evidenced by other non-patent literature that mycelium grows normally in such a manner. Moore discloses that the characteristic behaviour pattern of fungi, for which mycelial growth strategy is not unique, is to explore the habitat with rapidly-growing, sparsely-branched hyphae, then, when some of those hyphae find a nutrient, the mycelium captures and exploits the resource, from which it subsequently sends out a new generation of exploratory hyphae ([Pg. 1: paragraphs 1 and 3 of Moore). Raineri discloses the growth process of a mycelium network of intertwined hyphal threads, wherein as they grow, the mycelia break down the food source and stretch out whereby small tubular threads (hyphae) grow, grouping into bundles and spreading out as they grow ([Pg. 1 and Pg. 5 of Raineri). Therefore, as evidenced by Moore and Raineri the mycelium of the mycelium layer disclosed by Smith'130 in view of Chen and Zang would naturally grow (extend) along and cling to a biofiber (nutrient source) of the artificial bio-nutritional fiber layer, as claimed.
Regarding Claim 2: Smith'130 in view of Chen and Zang discloses that the hole diameter of each of the plurality of holes can be from 1/8-inch to 1/32-inch (about 3200 µm to about 800 µm) (e.g., 1/32-inch [793 µm]) (figure 3, [0005], and [0018] of Smith'059); which anticipates the claimed range of --500 µm to 1000 µm--. See MPEP §2131.03(I).
Regarding Claim 3: Smith'130 in view of Chen and Zang discloses that the artificial bio-nutritional fiber layer comprises a skeleton material (sodium alginate) and a nutritional material (protein), and a weight percentage of the skeleton material is from 0% to 30% (e.g., 20%) and a weight percentage of the nutritional material is from 5% to 50% (e.g., 30%) based on 100% by weight percentage of the artificial bio-nutritional fiber layer ([0012] and [0064] of Chen); which anticipates the claimed ranges of --10% to 90%-- and --10% to 90%--. See MPEP §2131.03(I).
Regarding Claim 4: Smith'130 in view of Chen and Zang discloses that the skeleton material comprises alginate salt (also known as "sodium alginate") ([0008]-[0012] of Chen).
Regarding Claim 5: Smith'130 in view of Chen and Zang discloses that the nutritional material comprises vegetable protein (e.g., plant proteins extracted from soybean) ([0010] of Chen).
Regarding Claim 6: Smith'130 in view of Chen and Zang discloses that the vegetable protein comprises soy protein ([0010] of Chen).
Conclusion
Applicants' amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Donald M. Flores, Jr. whose telephone number is (571) 270-1466. The examiner can normally be reached 7:30 to 17:00 M-F; Alternate Fridays off.
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/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781
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