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 .
Claim Rejections - 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 12-15, 17-18, 20-24, 26, 37-38, 46-48 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Macur (US 2021/0267245)
Regarding claims 1, 26, Macur discloses method to produce a composition comprising an edible filamentous fungal biomass (Abstract) and composition thereof comprising: providing an aqueous media comprising a carbon source and a nitrogen source ([0188] accomplished via surface fermentation. This involves inoculating a liquid medium containing a carbon source and a nitrogen source with filamentous fungal cells); inoculating the media with a filamentous fungal culture ([0188] inoculating with filamentous fungal cells), wherein the fungal culture comprises Pleurotus spp. ([0550] Pleurotys eryngii), and culturing the filamentous fungal culture in a submerged fungal culture to produce the edible filamentous fungal biomass ([0545] filamentous fungi were grown by at least one method selected from surface fermentation according to the present invention, submerged fermentation according to the methods of the prior art, and fruiting body (i.e. “natural”) growth, and Abstract “biomat”).
Regarding claim 2, Macur discloses wherein the edible filamentous fungal biomass is grown to at least about 25 g/L (dry weight) with a productivity of at least 2.0 g/L/day (dry weight) during the culturing step ([0272] high biomass production (80-120 g/m.sup.2/d or 0.55 g/L/h) and [0274] High biomass density (biomats are typically 0.684 g/cm.sup.3 wet weight or 0.123 g/cm.sup.3 dry weight)).
Regarding claim 3, Macur discloses wherein the carbon source is selected from the group consisting of monosaccharides, oligosaccharides, polysaccharides, glucose, fructose, sucrose, xylose, arabinose, dextrose, starch, dextrin, maltodextrins, cellulose and combinations thereof ([0188] Suitable carbon sources are sugars (e.g. sucrose, maltose, glucose, fructose, Japan rare sugars, etc.), sugar alcohols (e.g. glycerol, polyol, etc.), starch (e.g. corn starch, etc.), starch derivative (e.g. maltodextrin, cyclodextrin, glucose syrup, hydrolysates and modified starch), starch hydrolysates, hydrogenated starch hydrolysates (HSH; e.g. hydrogenated glucose syrups, maltitol syrups, sorbitol syrups, etc.), lignocellulosic pulp or feedstock (e.g. sugar beet pulp, agricultural pulp, lumber pulp, distiller dry grains, brewery waste, etc.), corn steep liquors, acid whey, sweet whey, milk serum, wheat steep liquors, carbohydrates, food waste, olive oil processing waste, hydrolysate from lignocellulosic materials, and/or combinations thereof.).
Regarding claim 4, Macur discloses wherein the carbon source is selected from the group consisting of molasses, sugarcane extract, sugarcane syrup, jackfruit extract, jackfruit syrup, and mixtures thereof ([0188] Suitable carbon sources are sugars (e.g. sucrose, maltose, glucose, fructose, Japan rare sugars, etc.), sugar alcohols (e.g. glycerol, polyol, etc.), starch (e.g. corn starch, etc.), starch derivative (e.g. maltodextrin, cyclodextrin, glucose syrup, hydrolysates and modified starch), starch hydrolysates, hydrogenated starch hydrolysates (HSH; e.g. hydrogenated glucose syrups, maltitol syrups, sorbitol syrups, etc.), lignocellulosic pulp or feedstock (e.g. sugar beet pulp, agricultural pulp, lumber pulp, distiller dry grains, brewery waste, etc.), corn steep liquors, acid whey, sweet whey, milk serum, wheat steep liquors, carbohydrates, food waste, olive oil processing waste, hydrolysate from lignocellulosic materials, and/or combinations thereof.).
Regarding claim 5, Macur discloses wherein the carbon source ([0188] accomplished via surface fermentation. This involves inoculating a liquid medium containing a carbon source and a nitrogen source with filamentous fungal cells) is initially present in the media at a concentration of between about 25 and 35 g/L ([0191] the carbon source of 30g dry malt extract in 1000 mL water), or between about 17* Brix and 24* Brix.
Regarding claim 6, Macur discloses wherein the carbon source ([0188] accomplished via surface fermentation. This involves inoculating a liquid medium containing a carbon source and a nitrogen source with filamentous fungal cells) is initially present in the media at a concentration of between about 50 g/L and 110 g/L ([0195] the carbon source of 75 g/L glycerol), or between about 40* Brix and 88* Brix.
Regarding claim 7, Macur discloses wherein the nitrogen source ([0188] accomplished via surface fermentation. This involves inoculating a liquid medium containing a carbon source and a nitrogen source with filamentous fungal cells) in the media is selected from an organic nitrogen source ([0194] yeast extract), an inorganic nitrogen source ([0195] Urea), and combinations thereof.
Regarding claim 8, Macur discloses wherein the organic nitrogen source ([0188] accomplished via surface fermentation. This involves inoculating a liquid medium containing a carbon source and a nitrogen source with filamentous fungal cells) is selected from pea protein, yeast extract ([0194] yeast extract), mycoprotein, soy, date pits, one or more amino acids, and combinations thereof.
Regarding claim 9, Macur discloses wherein the inorganic nitrogen source ([0188] accomplished via surface fermentation. This involves inoculating a liquid medium containing a carbon source and a nitrogen source with filamentous fungal cells) is selected from urea ([0195] Urea), liquid phase ammonia, gas phase ammonia, ammonium chloride, ammonium nitrate, ammonium phosphate dibasic, ammonium sulfate, and combinations thereof.
Regarding claim 12, Macur discloses wherein the culturing step comprises 7-12 days ([0192] After 2-5 days of growth, hyphae were transferred onto fresh agar + chloramphenicol media and grown for another 3-7 days.).
Regarding claim 13, Macur discloses wherein the culturing step comprises a fed-batch culturing step ([0054] the fed-batch culturing step comprises a bioreactor, comprising a container; at least one membrane disposed within or on a surface of the container, the at least one membrane comprising a first surface and a second surface; a feedstock for the growth of a filamentous fungus, contacting the first surface of the at least one membrane; and a filamentous fungus inoculum, disposed on either the first surface or the second surface of the at least one membrane, wherein, upon culturing the inoculum in the bioreactor, a biomat of the filamentous fungus forms on the second surface).
Regarding claim 14, Macur discloses wherein the fed-batch culturing step comprises feeding the culture with a media comprising glucose when measured glucose is below 4 g/L ([0193], [0210], [0212] the biomats are produced under continuous media flow conditions where the medium underneath the mat is continuously refreshed, the medium comprises about 5g/L glucose and feeding the culture with the medium comprising glucose when measured glucose is below 4 g/L).
Regarding claim 15, Macur discloses wherein the inoculum from the inoculation step is produced by a submerged fungal culturing step to produce an initial filamentous fungal biomass of at least 5 g/L (dry weight) ([0188], [0272], [0274], [0545], [0550] wherein inoculating a
liquid medium containing a carbon source and a nitrogen source with filamentous fungal cells in a submerged fungal culture to produce biomats that are 0.123 g/cm dry weight, which is 123 g/L with a productivity of 0.55 g/L/h during the culturing step0.
Regarding claim 17, Macur discloses wherein the filamentous fungus culture is selected from the group consisting of Pleurotus ostreatus, Pleurotus salmoneostramineus (Pleurotus djamor), Pleurotus eryngii ([0550] Pleurotys eryngii), Pleurotus citrinopileatus, and combinations thereof.
Regarding claim 18, Macur discloses wherein the filamentous fungus culture comprises Pleurotus eryngii ([0550] Pleurotys eryngii).
Regarding claim 20, Macur discloses wherein the method further comprises the step of inactivating the edible filamentous fungal biomass by heat treatment ([0219] Elimination of cell viability and the potential of further biomat growth is desired in some instances, such as for use of the biomat as a stand-alone protein source or a protein ingredient in foodstuffs. This can be accomplished by heating, irradiation, ethanol and/or steaming.).
Regarding claim 21, Macur discloses wherein the heat treatment is raising the temperature of the culture to at least 50* C ([0223] Biomats are positioned within a steamer such that heated steam, such as steam of a temperature greater than 85° C. or 95° C., comes into contact with the biomats) for at least 0.5 hours ([0224] Biomats are steamed at least to the point where biomat viability is reduced such that further biomat growth and/or cellular reproduction within a biomat is negligible).
Regarding claim 22, Macur discloses wherein the method further comprises the step of harvesting the edible filamentous fungus by dewatering ([0079], [0354] biomats are harvested, steamed, cooled to room temperature and then dehydrated).
Regarding claim 23, Macur discloses wherein the method further comprises the step of extruding the edible filamentous fungus to form a food product ([0088], [0294], [0354]-[355] harvesting the biomat from the bioreactor membrane using gentle force to for a food composition, such as baking flour).
Regarding claim 24, Macur discloses further comprising the steps of dewatering the filamentous fungal biomass to produce a harvested filamentous fungal biomass comprising about 60-85% water and about 5-40% filamentous fungal biomass ([0168], [0330] harvested biomats are rinsed, steamed, and drip dried on porous plastic mesh for 5 minutes, which would result in relatively moist biomats comprising about 60-85% water and about 5-40% filamentous fungal biomass); pressing the harvested filamentous fungal biomass to produce a filamentous fungal biomass slab ([0270] aggregation of biomass into a single coherent mat); shredding the filamentous fungal biomass slab to form shreds; and drying the shreds at about 50* C to about 85* C to form dried shreds ([0322], [0354] shredding the filamentous fungal biomass slab to form shreds and portions are dried at 50 degrees C).
Regarding claim 37, Macur a discloses composition comprising an edible filamentous fungus (Abstract), wherein the filamentous fungus is Pleurotus spp. ([0550] Pleurotys eryngii), which was cultured in a media a carbon source selected from molasses, sugarcane extract, sugarcane syrup, jackfruit extract, jackfruit syrup, and mixtures thereof ([0188] Suitable carbon sources are sugars (e.g. sucrose, maltose, glucose, fructose, Japan rare sugars, etc.), sugar alcohols (e.g. glycerol, polyol, etc.), starch (e.g. corn starch, etc.), starch derivative (e.g. maltodextrin, cyclodextrin, glucose syrup, hydrolysates and modified starch), starch hydrolysates, hydrogenated starch hydrolysates (HSH; e.g. hydrogenated glucose syrups, maltitol syrups, sorbitol syrups, etc.), lignocellulosic pulp or feedstock (e.g. sugar beet pulp, agricultural pulp, lumber pulp, distiller dry grains, brewery waste, etc.), corn steep liquors, acid whey, sweet whey, milk serum, wheat steep liquors, carbohydrates, food waste, olive oil processing waste, hydrolysate from lignocellulosic materials, and/or combinations thereof.); and wherein the edible filamentous fungus (Abstract) was produced at a productivity of at least 20 g/L (dry weight) ([0272], [0274] (biomats are 0.123 g/cm dry weight, which is 123 g/L with a productivity of 0.55 g/L/h (at least 20 g/L dry weight).
Regarding claim 38, Macur discloses wherein the filamentous fungus culture is selected from the group consisting of Pleurotus ostreatus, Pleurotus salmoneostramineus (Pleurotus djamor), Pleurotus eryngii ([0550] Pleurotys eryngii), Pleurotus citrinopileatus, and combinations thereof.
Regarding claim 46, Macur discloses wherein the composition comprises between about 50% to approximately 80% biomass ([0329], [0348] wherein the mixture comprises 66.6% biomass).
Regarding claim 47, Macur a discloses food composition comprising the composition of claim 37 ([0088], [0294], [0354] harvesting the edible biomat to form a food composition, such as baking flour).
Regarding claim 48, Macur discloses wherein the food composition is selected from the group consisting of spreads, pastes, pre-whipped toppings, custards, coatings, nut butters, frostings, cream filings, confectionery fillings, dairy alternative products, beverages and beverage bases, extruded and extruded/puffed products, meat imitations and extenders, baked goods and baking mixes ([0355] Biomat flour was then used as an addition to other standard flours (King Arthur flour, Bob's Red Mill Flour & Bob's Red Mill Wheat Flour) and a variety of baked goods), granola products, bar products, smoothies and juices, and soups and soup bases.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Macur (US 2021/0267245) in view of Soni (US 20180303044).
Regarding claim 10-11, Macur discloses the nitrogen source comprises urea ([0195] Urea) between about 1 g/L and 3 g/L urea ([0195] urea at 2.548 g/L), but does not expressly disclose the use of pea protein and said pea protein being between about 1 g/L and 12 g/L.
However, Soni discloses a similar method for producing myceliated compositions (Abstract) that uses a pea protein ([0070] cultivating the fungi in an aqueous media with 5 g/L pea protein) and said pea protein being between about 1 g/L and 12 g/L ([0070] cultivating the fungi in an aqueous media with 5 g/L pea protein).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Macur, by adding pea protein to the composition between about 1 g/L and 12 g/L, as taught by Soni, for the purpose of providing a nitrogen source useful to enhance the production of edible fungi.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Macur (US 2021/0267245) in view of Edwards (US 2014/0363846).
Regarding claim 16, Macur discloses the invention substantially as set forth above, and further discloses wherein the culturing step takes place in a bioreactor ([0054], [0296] a bioreactor for cultivation of ligamentous fungi), but does not expressly disclose wherein the bioreactor has an impeller tip speed set during the culturing step of between 2 and 3 meters/second (m/s).
Edwards discloses a similar production composition (Abstract) wherein the bioreactor has an impeller tip speed set during the culturing step of between 2 and 3 meters/second (m/s) ([0070] culturing a fungal cell of the genus Myceliophthora in a bioreactor with agitation using impeller stirring with a tip speed of from about 0.5 to about 10 m/s, or any rate therebetween, for example from about 0.5 to about 3 m/s).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Macur, by making the bioreactor have an impeller tip speed set during the culturing step of between 2 and 3 meters/second (m/s), as taught by Edwards, for the purpose of agitating the liquid medium at a sufficient rate to ensure distribution of the cells throughout the medium and to prevent formation of concentration gradients of nutrients.
Claims 19 are rejected under 35 U.S.C. 103 as being unpatentable over Macur (US 2021/0267245) in view of Soni (US 20180303044) and Gu (Engineering the Expression and Characterization of Two Novel Lavvase Isoenzymes from Coprinus comatus in Pichia pastoris by Fusing an Additional Ten Amino Acids Tag at N-Terminus (April 2014)).
Regarding claim 19, Macur discloses the invention substantially as set forth above, and further discloses wherein the aqueous media comprises a carbon source ([0188] accomplished via surface fermentation. This involves inoculating a liquid medium containing a carbon source and a nitrogen source with filamentous fungal cells) selected from monosaccharides, oligosaccharides, polysaccharides, glucose, fructose, sucrose, xylose, arabinose, dextrose, starch, dextrin, maltodextrins, cellulose and combinations thereof ([0188] Suitable carbon sources are sugars (e.g. sucrose, maltose, glucose, fructose, Japan rare sugars, etc.), sugar alcohols (e.g. glycerol, polyol, etc.), starch (e.g. corn starch, etc.), starch derivative (e.g. maltodextrin, cyclodextrin, glucose syrup, hydrolysates and modified starch), starch hydrolysates, hydrogenated starch hydrolysates (HSH; e.g. hydrogenated glucose syrups, maltitol syrups, sorbitol syrups, etc.), lignocellulosic pulp or feedstock (e.g. sugar beet pulp, agricultural pulp, lumber pulp, distiller dry grains, brewery waste, etc.), corn steep liquors, acid whey, sweet whey, milk serum, wheat steep liquors, carbohydrates, food waste, olive oil processing waste, hydrolysate from lignocellulosic materials, and/or combinations thereof.); urea between about 1 g/L and 10 g/L (Table 31, urea at 3.5 g/L); potassium phosphate between about 0.2 g/L and about 5 g/L (Table 31, potassium phosphate at 4 g/L); magnesium sulfate between about 0.1 g/L and 2 g/L (Table 31, magnesium sulfate at 1 g/L), Macur does not expressly disclose pea protein between about 5 g/L and 15 g/L and thiamine between about 0.25 mg/L and 50 mg/L.
However, Soni discloses a similar method for producing myceliated compositions (Abstract) that uses a pea protein ([0070] cultivating the fungi in an aqueous media with 5 g/L pea protein) and said pea protein being between about 5 g/L and 15 g/L ([0070] cultivating the fungi in an aqueous media with 5 g/L pea protein).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Macur, by adding pea protein to the composition between about 1 g/L and 12 g/L, as taught by Soni, for the purpose of providing a nitrogen source useful to enhance the production of edible fungi.
Gu further discloses a similar composition that uses thiamine between about 0.25 mg/L and 50 mg/L (Page 2, 1st column, 2nd paragraph and 2nd column, 1st paragraph, edible fungi cultured in medium containing 2.5 mg/l thiamine).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Macur, by adding thiamine the composition between about 0.25 mg/L and 50 mg/L, as taught by Gu, for the purpose of providing an enhanced edible fungi product that is also rich in vitamin B1 (thiamine).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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/AARON M RODZIWICZ/Examiner, Art Unit 3642
/MONICA L PERRY/Primary Examiner, Art Unit 3644