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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1,2,5-7,9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schutter(WO 2018134285A1).
Regarding claims 1,6,7,9, Schutter teaches(para 9, 43,46)
A method of producing a dealcoholized beverage, the method comprising the steps of:(A) separating ethanol and an aroma component from an alcohol-containing beverage to obtain a mixture containing the ethanol and the aroma component and a residual liquid which remains after the separation of the ethanol and the aroma component from the alcohol-containing beverage;
(B) bringing a resin into contact with the mixture containing the ethanol and the aroma component to cause the resin to adsorb the aroma component;
(D) recovering the aroma component from the resin, for example a styrene resin, and
(E) mixing the residual liquid obtained in the step (A) with the aroma component obtained in the step (D) to obtain a dealcoholized beverage.
Schutter teaches that the beverage contains “beer flavors” that contribute to its “complex olfactory profile”(para 16). Therefore, the beverage is a “beer-taste beverage”.
Schutter does not specifically teach removing ethanol from the resin having absorbed the aroma compound. However, Schutter teaches mixing the residual liquid(retentate) with the flavor component(3b). It would have been obvious to remove the ethanol component since Schutter desires only the flavor component to be added back to the residual liquid. Furthermore, alcohol free beverages are well known in the art. As such, it would have been obvious to adjust the alcohol content of the final beverage depending on the preferences of the consumer, i.e. a low alcohol or no alcohol beverage.
Schutter does not specifically teach removing the alcohol with water and recovering the aroma by eluting the aroma component from the resin with steam. However, since these are both common separation methods in the art, it would have been obvious to practice either method to recover the alcohol and flavor components.
Regarding claim 2,5, Schutter teaches that the alcohol containing beverage is beer which is known to have an ethanol content of 0.1 to 60v/v%(para 9).
Regarding claims 8 and 9, Schutter does not specifically teach removing the alcohol with water and recovering the aroma by eluting the aroma component from the resin with steam. However, since these are both common separation methods in the art, it would have been obvious to practice either method to recover the alcohol and flavor components.
Response to Arguments
Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive.
The applicant argues that alcohol is added back into the permeate with the flavor component, and that the absorbent material has a low affinity for alcohol, so the ethanol would be removed by water and added in with the beer concentrate. However, Schutter teaches(abstract)
“A method for preparing beer concentrate, comprising the steps of: A) Subjecting beer or cider (1) to a first concentration step to obtain a retentate (2) and a permeate (3) comprising alcohol (3a) and volatile flavour components (3b), B) Subjecting the permeate (3) to an adsorption unit whereby the volatile flavour and alcohol-containing permeate is passed over or through an adsorption unit, C) Recovering one or more of the flavour components (3b) from the adsorption unit in a further recuperation process D) Combining the retentate (2) with the flavour components (3b).”
It is clear from this passage that the alcohol and flavor components form the retentate in step A. Step D recites that only the flavor component 3b is added back in with the retentate. The reference does not say anything about adding the alcohol in as well.
Applicant’s argument pertaining to the affinity of the absorbent material for ethanol is also not persuasive. As stated above, it does not appear that Schutter requires alcohol in the beer concentrate because the reference never states putting alcohol back in with the retentate.
Schutter also states that(para 33) “After the concentraton step, the highly concentrated retentate (2) is collected while the aqueous permeate (3) is processed by an adsorption unit in order to selectively retrieve volatile flavour components and optionally ethanol.” Therefore, Schutter teaches that absorption and retention of ethanol is optional and not the main focus of the invention.
Lastly, Schutter teaches(para 40) “The adsorbent employed in accordance with the present invention have an affinity for one or more of the aforementioned beer flavour substances, thus enabling the selective removal of at least one of these beer flavour substances. In addition, the adsorbent typically have a low affinity for ethanol.”
This section specifically states that the absorption material selectively absorbs beer flavor, in order to achieve selective removal of these flavors. Later these flavors are added back in with the retentate(abstract). Since the absorbent material has a low affinity for ethanol, the alcohol is intended to be not saved but instead washed away by water before adding to the retentate.
Conclusion
Applicant's 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.
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/KATHERINE D LEBLANC/ Primary Examiner, Art Unit 1791