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 § 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 1-25 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.
Regarding claim 1, the phrase “alternatively” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The term “improved taste” in claim 1 is a relative term which renders the claim indefinite. The term “improved taste” 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. As taste is highly subjective, it is unclear as to what “improved” encompasses.
Regarding claim 2, the phrase “optionally” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 11, 13, and 25, the claim is indefinite because it is unclear whether the limitations within the parenthesis are part of the claimed invention.
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.
Claims 1-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winiski et al. (US 2022/0354152).
In re. claim 1, Winiski teaches a method for providing supplemental growth conditions to inoculated substrates for the support of growing aerial mycelium materials, alternatively, to growth matrices for the support of growing aerial mycelium materials, or alternatively to growing aerial mycelium materials themselves, situated on either inoculated substrates or growth matrices, the method comprising: a) providing a growth environment including at least an inoculated substrate (110) for supporting the growth of aerial mycelium material (para [0172]), alternatively a growth matrix (110) for supporting the growth of aerial mycelium material (para [0167]), or alternatively, growing aerial mycelium material (400) (fig. 2), which growth environment supports base-line growth conditions for the growth of aerial mycelium material (para [0080]); b) conducting at least one of the following steps upon either of said inoculated substrate, growth matrix, or growing aerial mycelium material in situ within the growth environment (methods herein can be applied in situ) (para [0162]),
1) performing a physical manipulation (cutting and compressing in figures 14A-14B) on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium, such that the physical manipulation imparts a physical change in at least one of the inoculated substrate, growth matrix, or growing aerial mycelium (para [0260]), which physical change enhances at least one aerial mycelium material physical attribute when compared with aerial mycelium grown under the base-line growth conditions without the physical manipulation (para [0062]-[0064]), with the physical change being selected from the group consisting of: selectively displacing substrate, growth matrix, or growing aerial mycelium (displaced in both the cutting and compression stages) (figs. 14A-14B), selectively compressing substrate, growth matrix, or growing aerial mycelium (compression stage) (para [0260]) selectively separating, texturing, or patterning portions of growing aerial mycelium (via perforating) (para [0262]), selectively aligning fibers of growing aerial mycelium via either direct contact or indirect contact techniques (growth grain aligned) (para [0108]), and selectively creating spatial voids in the growing aerial mycelium (via perforating) (para [0262]);
adding chemical, biologic, or other substance to at least one of the inoculated substrate, growth matrix, or growing aerial mycelium (para [0269] and [0271]), such that the addition enhances at least one growing aerial mycelium attribute selected from the group consisting of improved taste as a result of chemical, biologic, or substance incorporation or uptake from the addition into the structure of the growing aerial mycelium (flavorant) (para [0273]), or deposition on the growing aerial mycelium surface, desired color change as a result of chemical, biologic, or substance incorporation or uptake from the addition into the structure of the growing aerial mycelium (colorant) (para [0277]), or deposition on the growing aerial mycelium surface, desired improvement in nutritional content for human or animal consumption as a result of chemical, biologic, or substance incorporation or uptake from the addition into the structure of the growing aerial mycelium, or deposition on the growing aerial mycelium surface(fat, protein, amino acid, mineral, etc.) (para [0271]), desired improvement in shelf-life of final aerial-mycelium based product as a result of chemical, biologic, or substance incorporation or uptake from the addition into the structure of the growing aerial mycelium or deposition on the growing aerial mycelium surface (preservative) (para [0271]); c) allowing growing aerial mycelium to continue growing in the growth environment in order to either develop an enhanced physical attribute selected from the group consisting of improved or targeted density (compression improves density) (para [0247]), or to develop an enhanced product performance attribute selected from improved taste, shelf-life, texture, mouth-feel, and nutritional content (para [0271]).
In re. claim 2, Winiski teaches the method of claim 1, wherein said grown aerial mycelium that has experienced either in situ physical manipulation or chemical, biologic, or substance addition to either a substrate, growth matrix, or growing aerial mycelium itself, is optionally terminated and/or separated from the substrate or growth matrix (extraction from the growth matrix) (para [0289]).
In re. claim 3, Winiski teaches the method of claim 1, wherein at least one physical manipulation is performed on the growing aerial mycelium in situ (methods herein can be applied in situ) (para [0162]).
In re. claim 4, Winiski teaches the method of claim 1, wherein at least two physical manipulations are performed on the growing aerial mycelium in situ (cutting and compressing) (para [0260]).
In re. claim 5, Winiski teaches the method of claim 1, wherein at least one chemical, biologic, or substance addition is performed on either the inoculated substrate, growth matrix, or growing aerial mycelium in situ (para [0271]).
In re. claim 6, Winiski teaches the method of claim 1, wherein at least two chemical, biologic, or substance additions are performed on either the inoculated substrate, growth matrix, or growing aerial mycelium in situ (para [0271]).
In re. claim 7, Winiski teaches the method of claim 1, wherein at least one physical manipulation (cutting, pressing, perforating) (para [0260]-[0262]) and one chemical, biologic, or substance addition (additive) (para [0271]) is performed on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium in situ (para [0062]).
In re. claim 8, Winiski teaches the method of claim 1, wherein at least one physical manipulation and one chemical, biologic, or substance addition is performed on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium in situ concurrently in time, such that there is at least some overlap in time that such physical manipulation and chemical, biologic, or substance addition occurs (additive can be added during any one or more post-processing steps) (para [0269]).
In re. claim 9, Winiski teaches the method of claim 1, wherein there is no overlap in time that at least one physical manipulation and one chemical, biologic, or substance addition is performed on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium in situ (added during incubation period, after incubation period, and during post-processing) (para [0289]-[0290]).
In re. claim 10, Winiski teaches the method of claim 1, wherein at least one physical manipulation and one chemical, biologic, or substance addition is performed sequentially on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium in situ (additive can be added after any one or more post-processing steps) (para [0269]).
In re. claim 11, Winiski teaches the method of claim 1, wherein at least two physical manipulations are performed on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium in situ, wherein the at least two physical manipulations are separated temporally in which temporal gap there are either no physical manipulations occurring, or there are different physical manipulations occurring from those of the at least two physical manipulations (Multiple compression and cutting steps can be performed in a sequence, for example, the aerial mycelium can be cut to form a section, and the section can be cut to form strips, and so forth, with one or more compression steps implemented before or after the cutting steps within this sequence) (para [0261]).
In re. claim 12, Winiski teaches the method of claim 1, wherein two of the same physical manipulations are performed on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium in situ, but such physical manipulations are separated temporally by a time period of no physical manipulation (inherent time period between cutting and compressing in the sequence) (para [0261]).
In re. claim 13, Winiski teaches the method of claim 1, wherein at least two chemical, biologic, or substance additions (additives, such as fat, protein, flavorant, colorant, preservative, etc.) (para [0271]) are performed on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium in situ, wherein the at least two chemical, biologic, or substance additions are separated temporally in which there are either no chemical, biologic, or substance additions occurring in the temporal gap, or there are different chemical, biologic, or substance additions occurring from those of the at least two chemical, biologic, or substance additions (One or more additives can be incorporated into a mycelium of the present disclosure at virtually any step(s) during or between the mycelium growth or post-processing steps described herein) (para [0284]).
In re. claim 14, Winiski teaches the method of claim 1, wherein two of the same chemical, biologic, or substance additions are performed on at least one of the inoculated substrate, growth matrix, or growing aerial mycelium in situ, but such chemical, biologic, or substance additions are separated temporally by a time period in which there is no chemical, biologic, or substance addition (when added to the mycelium (para [0284]) and to the substrate ([0285]) would have an inherent period of no addition during mycelium growth).
In re. claim 15, Winiski teaches the method of claim 1, wherein a temporal period occurs between a multiplicity of either physical manipulation or chemical, biologic, or substance additions, in which either physical manipulation or chemical, biologic, or substance addition occurrences are separated by at least one temporal period in which either physical manipulation or chemical, biologic, or substance addition does not occur, and the growing aerial mycelium is left undisturbed to grow without supplemental physical manipulation or chemical, biologic, or substance addition (when added to the substrate ([0285]) would have an inherent period of no addition during mycelium growth prior to the post-processing of the mycelium (para [0260]-[0262]).
In re. claim 16, Winiski teaches the method of claim 1, wherein the chemical, biologic, or substance addition in situ includes a material which imparts animal meat-like taste to the aerial mycelium (meat flavorant) (para [0273]).
In re. claim 17, Winiski teaches the method of claim 16, wherein the chemical, biologic, or substance addition in situ which imparts animal meat-like taste to the aerial mycelium reacts in the presence of a sugar and heat to form such taste (thiamine added) (para [0281]).
In re. claim 18, Winiski teaches the method of claim 16, wherein the chemical, biologic, or substance addition in situ which imparts animal meat-like taste to the aerial mycelium is thiamine (thiamine added) (para [0281]).
In re. claim 19, Winiski teaches the method of claim 1, wherein the physical manipulation in situ creates either a homogeneous (via compressing) (figs. 14A-14B) or heterogeneous surface (perforated surface) (fig. 15A) topology of the growing aerial mycelium (para [0260]-[0262]).
In re. claim 20, Winiski teaches the method of claim 1, wherein the physical manipulation in situ is exposure to sound waves (perforating, cutting, and compressing inherently creates some sound waves).
In re. claim 21, Winiski teaches the method of claim 1, wherein the physical manipulation is a direct contact with an apparatus in situ that either compresses, slices, cuts, scores, abrades, scratches, creates voids, repositions portions of the aerial mycelium, or a combination thereof (para [0260]-[0262]).
In re. claim 22, Winiski teaches the method of claim 1, wherein at least one physical manipulation of the aerial mycelium in situ is accompanied by at least one chemical, biologic, or other substance addition in situ(additive added during the post-processing steps) (para [0284]).
In re. claim 23, Winiski teaches the method of claim 1, wherein at least one physical manipulation is performed on the growing aerial mycelium in situ (para [0260]-[0262]).
In re. claim 24, Winiski teaches the method of claim 1, wherein at least one chemical, biologic, or other substance addition is added to the growing aerial mycelium in situ (para [0271]).
In re. claim 25, Winiski teaches the method of claim 1, wherein at least one physical manipulation and/or at least one chemical, biologic, or other substance addition is performed in situ on the growing aerial mycelium (para [0260]-[0262]), resulting in at least one enhanced aerial mycelium attribute selected from the group consisting of increased density (compression improves density) (para [0247]), targeted taste (flavorant) (para [0271]), targeted texture (meat texture) (para [0054]), increased surface homogeneity (via compressing) (figs. 14A-14B), increased surface heterogeneity (via perforating) (fig. 15A), enhanced color (colorant) (para [0271]), enhanced mouth feel (meat texture) (para [0054]), enhanced tensile strength (para [0124]), and enhanced void space in the aerial mycelium (via perforating) (fig. 15A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher D. Hutchens whose telephone number is (571)270-5535. The examiner can normally be reached M-F 9-5.
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/C.D.H./
Primary Examiner
Art Unit 3647
/Christopher D Hutchens/Primary Examiner, Art Unit 3647