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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 18, 2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 20-25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 20 has been amended to include the recitation of the “one or more solid or neat organic acids”.
In the Reply to the Final-Office action mailed May 20, 2025, filed November 18, 2025, Applicant presented the following explanation for the support of the newly added recitation of “one or more solid or neat organic acids”:
Step (1) of the process of claim 20 is amended to now recite, inter alia, the combination of “".. an alcoholic beverage, a calcium salt, and one or more solid or neat organic acids, ... to form a cocktail solution; ...” Claim 21 is also amended to render it consistent with the amendment to claim 20. As such, the step (1) of the process of claim 20 now requires the combination of an alcoholic beverage and a calcium salt with one or more organic acids (e.g., ascorbic acid and malic acid), wherein the one or more organic acids are in their solid or neat form (i.e., undissolved/unmixed in water or any other solvent), as the case may be, when combined with the alcoholic beverage and calcium salt. Support for this feature is found throughout the present specification and specifically at [0077] on page 18 thereof, which expressly discloses dissolution of the recited organic acids into the alcoholic beverage. Since the present specification discloses dissolving the one or more organic acids into the alcoholic beverage, it clearly follows that the one or more organic acids are added to and combined therewith in their solid or neat forms (7.e., devoid of any solvent such as water), as the case may be. In view of this disclosure, the written description of the present specification more than adequately supports the amendment to claim 20 that the one or more organic acids are combined with the alcoholic beverage and calcium salt in their solid or neat form.
Applicant’s attention is directed to paragraph [0077] on page 18 of the instant specification:
[0077] Alcoholic beverage (e.g., vodka, triple sec, efc.), simple syrup, fruit juice and/or clarified fruit juice concentrate, if applicable, and, optionally, distilled water were combined in a mixing container to form an alcoholic mixture. Calcium lactate gluconate and, if applicable, organic acid(s) (e.g., malic acid, ascorbic acid, efc.) were then dissolved into the alcoholic mixture with gentle agitation to aid dissolution. After dissolution of the calcium lactate gluconate and, if present, organic acids, any flavorants and/or colorants were then added to the alcoholic mixture.
Hence, paragraph [0077] on page 18 of the instant specification provides support for dissolving organic acids in combination with calcium salt into the alcoholic mixture. Applicant also admits that there is no support for the recitation of “one or more solid or neat organic acids”. Neither the original claims nor instant specification provide written support for the limitation of “one or more solid or neat organic acids”. The written support is only provided for the recitation of dissolving calcium salt in combination with organic acids into the alcoholic mixture. Applicant is invited to amend claim 20 and 21 to include the recitation of dissolving calcium salt in combination with organic acids into the alcoholic mixture instead of “one or more solid or neat organic acids” in order to overcome this rejection.
Claim Rejections - 35 USC § 103
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(s) 20-26 are rejected under 35 U.S.C. 103 as being unpatentable over molecularrecipes.com (Tomato Water Spheres Injected with Basil Oil) in view of Hollencamp (US 2015/0118365 A1).
Claim 20 has been amended to recites the following limitations:
A process for preparing a shelf stable, edible sphere, comprising
(1) combining an alcoholic beverage, a calcium salt, one or more solid or neat organic acids and optionally one or more further components selected from the group consisting of a stabilizer, a thickener, an anti-foaming agent, an organic acid, a sweetener, a fruit juice, a fruit juice concentrate, water, a natural flavorant, an artificial flavorant, a colorants, and a preservative, and any combination thereof, to form a cocktail solution;
(2) de-aerating the cocktail solution to form a de-aerated cocktail solution;
(3) freezing the de-aerated cocktail solution to form a frozen cocktail solution
(4) immersing the frozen or viscous cocktail solution in a sodium alginate bath at ambient temperature or at a controlled temperature above or below ambient temperature for a period of time to form an edible sphere; and
(5) removing the edible sphere from the alginate bath and rinsing the edible sphere with water to form a shelf stable, edible sphere.
New claim 26, similar to claim 20, has been added.
In regard to claims 20 and 26, Molecularrecipes.com discloses a frozen reverse specification process comprising combining tomato water with calcium lactate and xanthan gum, removing the air bubbles (de-aeration) from the mixture of tomato water with calcium lactate and xanthan gum, freezing the de-aerated mixture in the hemispheric silicone mold, immersing the frozen mixture in a sodium alginate bath, rinsing the formed spheres and storing the spheres in tomato water. Molecularrecipes.com discloses deaeration (i.e. removing the air bubbles) in order to “prevent the creation of air bubbles and maintain the clarity of the tomato juice” (page 4). Molecularrecipes.com discloses rinsing the spheres after removal from alginate bath with water (page 5).
Hence, in regard to claims 20 and 26, Molecularrecipes.com discloses:
A process for preparing a shelf stable, edible sphere, comprising
(1) combining an tomato water and calcium salt, and a thickener (xanthan gum);
(2) de-aerating the mixture of tomato water and calcium salt, and a thickener to form a de-aerated solution;
(3) freezing the de-aerated solution to form a frozen solution;
(4) immersing the frozen solution in a sodium alginate bath at ambient temperature or at a controlled temperature above or below ambient temperature for a period of time to form an edible sphere; and
(5) removing the edible sphere from the alginate bath and rinsing the edible sphere with water to form a shelf stable, edible sphere.
Molecularrecipes.com differs from claims 20 and 26 in the recitation of an alcoholic beverage.
In regard to claims 20 and 26, Hollencamp discloses:
[0017] In one aspect, this invention features a method for taking a first liquid containing a multivalent salt and alcoholic beverage, and adding it to a second liquid containing an alginate alkali metal salt. One method for combining these is by extruding the first into a bath of the second resulting in a LIQUID alcohol-encapsulated shell roughly 10 mm in diameter, i.e., one in which the middle materials remain liquid rather than fully gelled (or gel-ified). The resulting beads are stored in a third liquid, which acts as a preservation liquid for the encapsulated alcoholic beads. The stored beads are packaged, and shipped while in a state of submersion in that third liquid.
This disclosure relates to a method for preparing liquid alcohol-containing bead compositions. In one embodiment, a desired end product can be prepared by adding an aqueous composition containing a multivalent salt (hereinafter "the first composition") to an aqueous composition containing an alginate alkali metal salt ("the second composition"). The resultant spheres include an aqueous solution that remains "ungelled" but encapsulated in a water-insoluble shell or outer coating ([0026]).
In regard to the recitation of alcohol, Hollencamp discloses:
Representative "beverages" for beading by the method of this invention include (but are not limited to): wine, sherry, brandy, liqueurs, port, vodka, gin, whisky, scotch, cognac, tequila, rum, or champagne. To a lesser extent, it may be possible to make and serve little beer balls hereby. Ideally, the first (or second) liquid would have added therein, an alcoholic content between about 1 to 95% by volume, more preferably between about 7 to 20% by volume alcohol ([0020]).
In regard to the recitation of calcium salt, Hollencamp discloses:
[0018] In one embodiment, the first liquid contains a multivalent salt like calcium lactate or calcium chloride. Preferably this first liquid includes about 0.2 to 10 wt. %, and more preferably between about 0.5 to 5 wt. %, multivalent salt. That first liquid gets added to a second liquid containing an alginate alkali metal salt like sodium or potassium alginate. The second liquid preferably includes about 0.3 to 10 wt. %, and more preferably between about 0.5 to 6 wt. %, alginate.
In regard to claims 20 and 26, Hollencamp discloses that combination of calcium salt an alcoholic beverage may further include “a thickening agent, such as xanthan gum, starch, or another polysaccharide” ([0019]). Further in this regard, Hollencamp discloses:
[0032] In some embodiments, the first composition can further include a thickening agent. Examples of suitable thickening agents include polysaccharides, such as xanthan gum, guar gum, starch, or agar. In general, the first composition can include from about 0.005% to about 3.5% by weight, or preferably about 0.01% to 3.1% thickening agent. It is believed that adding a thickening agent to the first composition results in remarkable improvement to the spherification process (e.g., better sphere integrity and consistency), when mixed with alcohol. Particularly, adding a thickening agent (e.g., xanthan gum or starch) to the first composition allows it to be mixed with a large variety of alcoholic beverages with different viscosities to form spheres consistently with improved integrity.
In regard to the recitation of “and optionally one or more further components selected from the group consisting of a stabilizer, a thickener, an anti-foaming agent, a sweetener, a fruit juice, a fruit juice concentrate, water, a natural flavorant, an artificial flavorant, a colorant, a preservative, and any combination thereof” in step 1 of claims 20 and 26, Hollencamp discloses that the first composition can further include anti-bitterness agent ([0030]), pH buffer ([0033]), a sweetener ([0034]), a preservative ([0035]), one or more additives, such as natural or artificial flavoring agents, or natural or artificial coloring agents ([0037]).
Claim 20 has been amended to require (1) combining an alcoholic beverage, a calcium salt, one or more solid or neat organic acids. In the Reply to the Final-Office action mailed May 20, 2025, filed November 18, 2025, Applicant presented the following explanation for the support and interpretation of the newly added recitation of “one or more solid or neat organic acids”:
Step (1) of the process of claim 20 is amended to now recite, inter alia, the combination of “".. an alcoholic beverage, a calcium salt, and one or more solid or neat organic acids, ... to form a cocktail solution; ...” Claim 21 is also amended to render it consistent with the amendment to claim 20. As such, the step (1) of the process of claim 20 now requires the combination of an alcoholic beverage and a calcium salt with one or more organic acids (e.g., ascorbic acid and malic acid), wherein the one or more organic acids are in their solid or neat form (i.e., undissolved/unmixed in water or any other solvent), as the case may be, when combined with the alcoholic beverage and calcium salt. Support for this feature is found throughout the present specification and specifically at [0077] on page 18 thereof, which expressly discloses dissolution of the recited organic acids into the alcoholic beverage. Since the present specification discloses dissolving the one or more organic acids into the alcoholic beverage, it clearly follows that the one or more organic acids are added to and combined therewith in their solid or neat forms (7.e., devoid of any solvent such as water), as the case may be. In view of this disclosure, the written description of the present specification more than adequately supports the amendment to claim 20 that the one or more organic acids are combined with the alcoholic beverage and calcium salt in their solid or neat form.
Hence, according to the Applicant, dissolving calcium salt in combination with organic acids into the alcoholic mixture is interpreted as addition of “one or more solid or neat organic acids”. Applicant’s attention is directed to the following passage in Hollencamp:
[0075] Alcoholic beverage (e.g., vodka, triple sec, etc.), simple syrup, fruit juice and/or clarified fruit juice concentrate, if applicable, and, optionally, distilled water were combined in a mixing container to form an alcoholic mixture. Calcium lactate gluconate and, if applicable, organic acid(s) (e.g., malic acid, ascorbic acid, etc.) were then dissolved into the alcoholic mixture with gentle agitation to aid dissolution. After dissolution of the calcium lactate gluconate and, if present, organic acids, any flavorants and/or colorants were then added to the alcoholic mixture.
Hence, Hollencamp discloses the same process of dissolving calcium salt in combination with organic acids into the alcoholic mixture as disclosed in Applicant’s specification that is interpreted by Applicant as addition of “one or more solid or neat organic acids”. Therefore, Hollencamp meets the recitation of organic acids as claimed in claim 20. In regard to claim 26, Hollencamp discloses addition of malic acid or ascorbic acid ([0075]).
Therefore, in regard to claims 20 and 26, Hollencamp discloses a process for preparing a shelf stable, edible sphere, comprising
-- combining an alcoholic beverage, a calcium salt, and organic acid, wherein “[c]alcium lactate gluconate and, if applicable, organic acid(s) (e.g., malic acid, ascorbic acid, etc.) were then dissolved into the alcoholic mixture with gentle agitation to aid dissolution, and optionally one or more further components selected from the group consisting of a stabilizer, a thickener, an anti-foaming agent, a sweetener, a fruit juice, a fruit juice concentrate, water, a natural flavorant, an artificial flavorant, a colorant, a preservative, and any combination thereof, to form a cocktail solution;
--immersing viscous cocktail solution in a sodium alginate bath at ambient temperature for a period of time to form an edible sphere; and
--removing the edible sphere from the alginate bath.
Both references disclose formation of spheres by immersing the mixture of desired liquid (tomato water or alcoholic beverage) in combination with calcium lactate and xanthan gum into alginate bath. Molecularrecipes.com does not discloses alcoholic beverage as desired liquid. Hollencamp discloses alcoholic beverage. One of ordinary skill in the art would have been motivated to modify molecularrecipes.com in view of Hollencamp and to employ alcoholic beverage as a desired liquid for frozen reverse specification in order to produce sphere containing alcoholic beverage as suggested by Hollencamp. Alcohol-containing alginate spheres were known in the art according to Hollencamp. Therefore to employ alcoholic liquid in the frozen reverse specification process as disclosed by Molecularrecipes.com would have been obvious. One of ordinary skill in the art would have been motivated to dissolving calcium salt in combination with organic acids into the alcoholic mixture as suggested by Hollencamp to encapsulated alcoholic beverage as desired.
Claim 21 recites “the stabilizers, thickeners, and/or anti-foaming agents are hydrated prior to combination with the alcoholic beverage and the calcium salt”. Hence, claim 21 reads on hydration of stabilizers or anti-foaming agents. However, stabilizers and anti-foaming agents are optional ingredients that are not required in claim 20.
Hence, in regard to claim 22, Molecularrecipes.com discloses freezing de-aerated composition in a semi-spherical silicone mold (page 4 step 3).
In regard to claim 23, it is noted that one of ordinary skill in the art would have been motivated to vary the freezing temperature in order to obtain frozen alcoholic hemispheres.
In regard to claim 24, Molecularrecipes.com discloses dispersing and hydrating sodium alginate (page 4). Molecularrecipes.com discloses 100 g of distilled water and 5g of sodium alginate (page 3).
In regard to claim 24, Hollencamp discloses:
[0038] The second composition generally consists of an alginate alkali metal salt and a solvent. The alginate alkali metal salt can be formed between alginate anions and alkali metal cations. Examples of suitable alginate alkali metal salts include sodium alginate and potassium alginate. In some embodiments, the second composition includes from about 0.3% to 10% by weight, preferably from about 0.5% to 6% by weight alginate alkali metal salt.
[0039] The solvent in the second composition can also include water. In some embodiments, from about 90% to about 99.6% by weight, preferably 94% to 99.5% by weight water.
[0040] Preferably, the solvent in both compositions includes deionized (or distilled) water. It is believed that it is advantageous to use deionized water as residual ions (e.g., calcium ions) in water could form precipitates with the alginate salt, thereby reducing the shelf life of this second composition.
In regard to claim 25, Molecularrecipes.com discloses that immersion time is varied depending on the thickness of the membrane (page 5).
Response to Arguments
Applicant's arguments filed November 18, 2025 have been fully considered but they are not persuasive.
Applicant’s arguments are directed to the newly added recitation of “one or more solid or neat organic acids”. In the Reply to the Final-Office action mailed May 20, 2025, filed November 18, 2025, Applicant presented the following explanation for the support of the newly added recitation of “one or more solid or neat organic acids”:
Step (1) of the process of claim 20 is amended to now recite, inter alia, the combination of “".. an alcoholic beverage, a calcium salt, and one or more solid or neat organic acids, ... to form a cocktail solution; ...” Claim 21 is also amended to render it consistent with the amendment to claim 20. As such, the step (1) of the process of claim 20 now requires the combination of an alcoholic beverage and a calcium salt with one or more organic acids (e.g., ascorbic acid and malic acid), wherein the one or more organic acids are in their solid or neat form (i.e., undissolved/unmixed in water or any other solvent), as the case may be, when combined with the alcoholic beverage and calcium salt. Support for this feature is found throughout the present specification and specifically at [0077] on page 18 thereof, which expressly discloses dissolution of the recited organic acids into the alcoholic beverage. Since the present specification discloses dissolving the one or more organic acids into the alcoholic beverage, it clearly follows that the one or more organic acids are added to and combined therewith in their solid or neat forms (7.e., devoid of any solvent such as water), as the case may be. In view of this disclosure, the written description of the present specification more than adequately supports the amendment to claim 20 that the one or more organic acids are combined with the alcoholic beverage and calcium salt in their solid or neat form.
Applicant’s attention is directed to paragraph [0077] on page 18 of the instant specification:
[0077] Alcoholic beverage (e.g., vodka, triple sec, efc.), simple syrup, fruit juice and/or clarified fruit juice concentrate, if applicable, and, optionally, distilled water were combined in a mixing container to form an alcoholic mixture. Calcium lactate gluconate and, if applicable, organic acid(s) (e.g., malic acid, ascorbic acid, efc.) were then dissolved into the alcoholic mixture with gentle agitation to aid dissolution. After dissolution of the calcium lactate gluconate and, if present, organic acids, any flavorants and/or colorants were then added to the alcoholic mixture.
Hence, paragraph [0077] on page 18 of the instant specification provides support for dissolving organic acids in combination with calcium salt into the alcoholic mixture. Applicant also admits that there is no support for the recitation of “one or more solid or neat organic acids”. Neither the original claims nor instant specification provide written support for the limitation of “one or more solid or neat organic acids”. The written support is only provided for the recitation of dissolving calcium salt in combination with organic acids into the alcoholic mixture. Applicant is invited to amend claim 20 and 21 to include the recitation of dissolving calcium salt in combination with organic acids into the alcoholic mixture instead of “one or more solid or neat organic acids” in order to overcome this rejection.
Further in response to Applicant’s arguments, it is noted that, according to the Applicant, dissolving calcium salt in combination with organic acids into the alcoholic mixture is interpreted as addition of “one or more solid or neat organic acids”. Applicant’s attention is directed to the following passage in Hollencamp:
[0075] Alcoholic beverage (e.g., vodka, triple sec, etc.), simple syrup, fruit juice and/or clarified fruit juice concentrate, if applicable, and, optionally, distilled water were combined in a mixing container to form an alcoholic mixture. Calcium lactate gluconate and, if applicable, organic acid(s) (e.g., malic acid, ascorbic acid, etc.) were then dissolved into the alcoholic mixture with gentle agitation to aid dissolution. After dissolution of the calcium lactate gluconate and, if present, organic acids, any flavorants and/or colorants were then added to the alcoholic mixture.
Hence, Hollencamp discloses the same process of dissolving calcium salt in combination with organic acids into the alcoholic mixture as disclosed in Applicant’s specification that is interpreted by Applicant as addition of “one or more solid or neat organic acids”. Therefore, Hollencamp meets the recitation of organic acids as claimed in claim 20. In regard to claim 26, Hollencamp discloses addition of malic acid or ascorbic acid ([0075]).
Therefore, in regard to claims 20 and 26, Hollencamp discloses a process for preparing a shelf stable, edible sphere, comprising
-- combining an alcoholic beverage, a calcium salt, and organic acid, wherein “[c]alcium lactate gluconate and, if applicable, organic acid(s) (e.g., malic acid, ascorbic acid, etc.) were then dissolved into the alcoholic mixture with gentle agitation to aid dissolution, and optionally one or more further components selected from the group consisting of a stabilizer, a thickener, an anti-foaming agent, a sweetener, a fruit juice, a fruit juice concentrate, water, a natural flavorant, an artificial flavorant, a colorant, a preservative, and any combination thereof, to form a cocktail solution;
--immersing viscous cocktail solution in a sodium alginate bath at ambient temperature for a period of time to form an edible sphere; and
--removing the edible sphere from the alginate bath.
Both references disclose formation of spheres by immersing the mixture of desired liquid (tomato water or alcoholic beverage) in combination with calcium lactate and xanthan gum into alginate bath. Molecularrecipes.com does not discloses alcoholic beverage as desired liquid. Hollencamp discloses alcoholic beverage. One of ordinary skill in the art would have been motivated to modify molecularrecipes.com in view of Hollencamp and to employ alcoholic beverage as a desired liquid for frozen reverse specification in order to produce sphere containing alcoholic beverage as suggested by Hollencamp. Alcohol-containing alginate spheres were known in the art according to Hollencamp. Therefore to employ alcoholic liquid in the frozen reverse specification process as disclosed by Molecularrecipes.com would have been obvious. One of ordinary skill in the art would have been motivated to dissolving calcium salt in combination with organic acids into the alcoholic mixture as suggested by Hollencamp to encapsulated alcoholic beverage as desired.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERA STULII whose telephone number is (571)272-3221. The examiner can normally be reached Monday-Friday 5:30AM-3:30PM.
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, Nikki Dees can be reached at 571-270-3435. 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.
/VERA STULII/Primary Examiner, Art Unit 1791