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 .
Claims
Claims 1, 2, 5-7 and 9-20 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/9/2026 has been entered.
WITHDRAWN REJECTIONS
All rejections of record in the Office Action mailed 11/17/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 3/9/2026.
NEW REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Official Correspondence.
Claim Rejections - 35 USC § 112
Claims 1-2 and 5-9 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 phrase “beverage, comprising … the salt component comprises a pre-formed mixture” in claim 1, lines 1-2 is vague and indefinite as it is unclear how the salt component can be pre-formed as the beverage is a liquid having salt in the form of ions. It does not appear possible for the liquid to have anything pre-formed as the salt is dispersed within the alcohol. The Beverage appears to have alcohol compounds, Na ions, Cl ions, etc. These compounds and ions are not “pre-formed” structures. When a person observes a beverage, nothing is in a pre-formed state. The pre-formed language appears to be irrelevant to the beverage. The pre-formed language may be relevant to a method; however, this is not what is claimed. The claims are not directed to a method of making a beverage.
The phrase “beverage, comprising … lake salt, rock salt and solar salt … 8:1:1 in Claim 1, lines 1-6 is vague and indefinite as it is unclear how one can determine which salt is present as any features that may have been present appear to have been lost upon dissolving in the alcohol. The claims are not directed to a method of producing a beverage where it is known precisely how much of the different salts are added but rather a beverage that has already been produced. For example, it is impossible to tell which of the identical Na and Cl ions for NaCl in the beverage originated from lake salt, rock salt and solar salt. Since it is impossible to ascertain which of the identical ions and compounds originated from the different salts it is impossible to determine what the ratios of the salts are and thus impossible to determine whether a beverage infringes. The public is entitled to know with clarity whether other beverages infringe.
Furthermore, the claims do not specify whether all sources of salts like rock salt are identical or do they differ. The claims do not state whether the NaCl content of the rock salt is 95% or 96% or 97% or 98% or something else. The same lack of clarity is for other minerals like calcium, magnesium, potassium, iron and zinc. For example, calcium and magnesium are identical no matter the source.
The phrase “beverage, comprising … lake salt, rock salt and solar salt … 8:1:1 in Claim 1, lines 1-12 is vague and indefinite as it is unclear whether the salts have specific ion concentrations as set forth at Table 2 of the Specification or are the ions present within a range.
PNG
media_image1.png
144
524
media_image1.png
Greyscale
Claim 1 recites the limitation "the tidal flat soil bottom" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "tidal flat soil bottom".
Claim 1 recites the limitation "the alcoholic beverage volume" in line 14. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "alcoholic beverage volume".
Clarification and/or correction required.
ANSWERS TO APPLICANT’S ARGUMENTS
In response to Applicant’s arguments (See p. 5 of Applicant’s Paper filed 2/17/2026.) that the claim boundary is based on the ingredients prior to dissolution, it is noted that said arguments are not persuasive. The claims are directed to a beverage and not a method of making the beverage or a “pre-formed mixture”. If the claims were directed to a method of making a beverage, then Applicant’s arguments would be more persuasive, however, the claims are not. Patentability of the beverage is based on the composition of a beverage and not a pre-formed mixture than has been solved and no longer exists.
The limitations of the amended/new claims are discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at 571-272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRENT T O'HERN/ Primary Examiner, Art Unit 1793 March 12, 2026
Prosecution Insights