DETAILED ACTION
Background
Claims 1-9 as filed with the instant application on December 27, 2023 have been examined. No amendments have been filed.
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 Objections
Claims 1, 4 and 8 are objected to because of the following informalities:
In claim 1, at line 11, after “perimeter of the” replace [[inlet]] with --outlet--;
In claim 4, at line 11, after “perimeter of the” replace [[inlet]] with --outlet--, and
in line 19 before “a predetermined amount” add -- for--; and,
In claim 8, at line 1 after “ the aged liquor is” delete [[an]].
Appropriate correction is required.
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 1-9 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.
Regarding instant claims 1 and 4, the terms “inlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the inlet tubing” and “outlet tubing being disposed about a perimeter of the outlet orifice and extending into the interior volume of the container from the inlet tubing” are in each instance indefinite because they are confusing. The language says that the tubing extends from the tubing. Does the tubing extend from some tubing or does the tubing merely extend into the container?
The Office interprets the claimed inlet tubing and outlet tubing as including any such tubing that extends into the interior volume of the recited container to any degree or in any amount.
The term “substantially” in claim 1 at lines 25-26 and in claim 4 at lines 23-24 is a relative term which renders the claim indefinite. The term “substantially similar to” 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. One cannot determine the scope of the claimed flavored alcoholic beverage in claim 1 because it is not clear what is and is not substantially similar to an old aged bourbon or whiskey.
The term “substantially” in claim 2, at line 2 is a relative term which renders the claim indefinite. The term “surface area substantially eight times” 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. One cannot determine the scope of the claimed surface area of a flavoring agent in claim 2 because one cannot determine the interior surface area of a traditional alcohol aging barrel which is itself not defined. The Office interprets the scope of the claimed interior surface area of the claimed container as including any surface area of at least about eight times that of the interior surface area of the sidewalls and of the bottom and lid sections of the container.
The term “traditional” in each of claims 2 and 5, at line 2 is indefinite because one cannot determine what is and what is not a traditional alcohol aging barrel. The Office interprets the claimed alcohol aging barrel as including any alcohol aging barrel.
The term “flavoring agent includes a surface area” in each of claim 2 and 5 is indefinite because the term “including a surface area” is not clear. Does the Applicant mean to recite the surface area of the claimed flavoring agent, a surface area bounded by the surface of the flavoring agent, a surface area including something other than the recited flavoring agent, or some other aspect of the outer surface area of a flavoring agent? The Office interprets the claim as reciting a flavoring agent having or comprising the recited surface area.
The term “substantially” in claim 5, at line 2 is a relative term which renders the claim indefinite. The term “surface area substantially four times” 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. One cannot determine the scope of the claimed surface area of a flavoring agent in claim 5 because one cannot determine the interior surface area of a traditional alcohol aging barrel which is itself not defined. The Office interprets the scope of the claimed container as having an interior surface area of at least about four times that of the interior surface area of the sidewalls and of the bottom and lid sections of the container
Claims 3 and 6-9 are rejected as depending from a rejected base claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over US2016/0376538 A1 to Niazi (Niazi) in view of US2001/0018086 A1 to Gross, II et al. (Gross), WO2019/091590 A1 to Stockhausen (Stockhausen) and either of (i) US2013/0243922 A1 to Lynn et al (Lynn) or (ii) US2021/0246403 A1 to Ben Zvi et al. (Ben Zvi).
The Office considers the claimed “inlet tubing extending into the interior volume of the container from the inlet tubing” and the claimed “outlet tubing extending into the interior volume of the container from the outlet tubing” to include any amount or length of tubing extending any distance in from the external surface of the container or in from its respective orifice, including a flange or fitting piece in the form of a tube.
Regarding instant claims 1 and 3, Niazi discloses at Abstract a method of aging an alcoholic beverage (“method for flavoring an alcoholic beverage”) comprising introducing multiple wooden surfaces into a vessel and mixing while maintaining the temperature of the alcoholic beverage. At [0025], Niazi discloses in FIG. 1 a container (”providing a container including”) as an alcoholic beverage aging holding vessel comprising a 1: holding vessel (“a body having an interior volume” and “a sidewall disposed about a perimeter of the bottom section”), a 2: top cover (“a lid section affixed to the sidewall”), an 3: inlet (“an inlet orifice positioned on the lid) and a 7: liquid outlet. Further the Office considers the claimed body including: a bottom section to include the container in FIG. 1 of Niazi. In addition, Niazi discloses at FIG. 1 a container wherein the wooden surfaces comprise 5: wooden shelves (“wooden lattice structure” as in claim 3). At [0026] and FIG. 2, Niazi discloses a 12: holding bracket, a 13: steel mesh and a 9: retaining wall (container including “at least one retaining device positioned within the interior volume of the container”) for holding the 1: wooden slats (“at least one flavoring agent positioned within the interior volume of the container”). In addition, at claim 1, Niazi discloses providing a container comprising at least one liquid inlet (“inlet orifice”) and at least one liquid outlet (“outlet orifice”). Finally, at [0032] in Example 2 Niazi discloses a remarkable reduction in aging after the method of exposing alcohol to wood (“wherein the flavor characteristics of the flavored alcoholic beverage are substantially similar to an old aged bourbon or whiskey”).
Further regarding instant claim 1, the Office considers the claimed “at least partially filling, via the inlet tubing, the interior volume of the container with a distilled alcoholic beverage; positioning at least one flavoring agent in each of the at least one retaining device, and at least partially suspending via the at least one retaining device the at least one flavoring agent in the distilled alcoholic beverage” to include the method of filling of the container disclosed in FIG. 1 and Example 2 of Niazi with distilled alcoholic liquids.
Still further regarding instant claim 1, Niazi does not disclose an outlet orifice for the alcoholic beverage positioned on the lid section of a container; further, Niazi does not disclose an inlet orifice including an inlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the inlet tubing. Further, Niazi does not disclose an outlet orifice including an outlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the outlet tubing. Still further, Niazi does not provide an example of a method comprising suspending the at least one flavoring agent in the distilled alcoholic beverage for 12 hours at 120 degrees Fahrenheit (°F). In addition, Niazi does not disclose removing, via the outlet tubing, a flavored alcoholic beverage from the container.
Gross at Abstract discloses a process for aging an alcoholic beverage in contact with wood and, at [0035] and FIG. 1 discloses a distillate feed tank 20 and flavor transfer tank 22 (“container”) connected via (at [0024]) tubing to a pump in a circulating system. The Office considers the claimed inlet orifice including an inlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the inlet tubing as including the inlet tubing and the attendant connections for flowing an alcoholic beverage from feed tank 20 to flavor transfer tank 22 in FIG. 1 of Gross. In addition, Gross discloses at [0019] processing temperatures of from about 70 to 170 °F, with higher temperatures to increase reaction rates and discloses aging in the presence of oxygen. And Gross at claim 1 discloses aging for a sufficient period of time to produce a matured beverage.
Stockhausen at Example 3 on pages 14-15 discloses aging 400 ml of alcoholic distillates with 12g wood particles for 18 hours to make whisky having a desired flavor; and, at Example 4 on page 15 discloses aging the 400 ml of the distillate with 16g of wood particles for 12 hours to achieve the same desired flavor as in Example 3. Accordingly, Stockhausen discloses that wood flavoring agent surface area and time are result oriented variables for aging a distilled alcoholic beverage.
Lynn at FIG. 1 and 2 and [0041]-[0042] discloses an alcoholic liquid processing device comprising reservoir 110 (container) containing a beverage wherein the container is in contact with another vessel via fluid conduit 130 (outlet tubing) comprising a tube and extending through a cap 114 (lid) and into a depth of the beverage, wherein the tubing is configured to allow the beverage to flow out of the reservoir in a controlled manner.
Ben Zvi at Abstract and Figure 1 discloses an improved method of maturing alcohol comprising (at [0097]) a liquid dispersion system in which liquid spirit is drawn from a bulk substrate 135 (container) via a tube by a pump. At [0108] Ben Zvi discloses a circulation system whereby the distilled alcoholic beverage is pumped to and from the bulk substrate, respectfully via outlet tube 130 and inlet tube 131 from another container (100).
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Gross and Stockhausen for Niazi to suspend its at least one flavoring agent in a distilled alcoholic beverage for 12 hours at 120 °F. All references disclose aging or maturing distilled alcoholic beverages by holding them in contact with a wood flavoring agent; and all references recognize that contact time and flavoring agent surface area determine the amount of maturation, while Gross discloses that higher temperatures increase the rate maturation of the distilled alcoholic beverage. The ordinary skilled artisan in Niazi would have desired to age its distilled alcoholic beverage in the presence of a wood flavoring agent for 12 hours as in Stockhausen where the wood flavoring agent surface area is such that a 12 hour time period gives a desired final product flavor; and, further, the ordinary skilled artisan in Niazi would have desired to age its distilled alcoholic beverage in the presence of a wood flavoring agent at 120 °F as in Gross to increase the maturation rate of the distilled alcoholic beverage to rapidly give a desired final product flavor.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Gross for Niazi to include on one of the lid ports (inlet orifice) of its container in Figure 1 an inlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the inlet tubing. Both references disclose containers adapted to admit distilled alcoholic beverages for aging them with a flavoring agent. The ordinary skilled artisan in Niazi would have desired to use an inlet tube as in Gross extending at least as far as needed into the interior volume of the container of Niazi to stabilize the tubing and to enable the container in Niazi to receive a controlled amount of the distilled alcoholic beverage feed from a designated container or tank connected via tubing to a pump in a circulating system as disclosed at [0024] of Gross.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Lynn for Niazi to further include on its container an outlet orifice positioned on the lid section of the container, the outlet orifice further including an outlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the outlet tubing and, further to use the tubing of Lynn to remove, via the outlet tubing, a flavored alcoholic beverage of Niazi from the container. Both references disclose containers for handling and dispensing alcoholic beverages. The ordinary skilled artisan in Niazi would have desired to include a top draw outlet as in Lynn 130 (FIG. 1) and extending into the interior of the container in Niazi to enable controlled flow of the alcoholic beverage out of the container of Niazi without having to move the container.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Ben Zvi for Niazi to further include on its container an outlet orifice positioned on the lid section of the container, the outlet orifice further including an outlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the outlet tubing and then to remove, via the outlet tubing, a flavored alcoholic beverage from the container. Both references disclose containers for handling and dispensing alcoholic beverages. The ordinary skilled artisan in Niazi would have desired to include an inlet tubing and an outlet tubing as in Ben Zvi at 130 (Figure. 1) and extend each of them into the interior of the container in Niazi to enable controlled flow of the alcoholic beverage out of the container of Niazi without having to move the container. The Niazi container (Figure 1) comprises an upper port and the Ben Zvi circulation system (at [0108]) comprises a pump driven system to enable controlled movement of a desired amount of flavored alcoholic beverage in any direction through an inlet tubing or an outlet tubing.
Regarding instant claim 2, the Office interprets claim 2 as reciting a flavoring agent having or comprising the recited surface area. Further, the Office interprets the claimed alcohol aging barrel as including any alcohol aging barrel.
Further regarding instant claim 2, Niazi discloses in Example 2 at [0031] a cylindrical vessel (“alcohol aging barrel”) wherein the flavoring agent wood surface area is 3.267 million in2. The vessel disclosed in Example 2 of Niazi has a surface area (2 π rH + 2 π r2), where r is the internal radius of the vessel or 5 feet and where H is the height of the vessel or 12 feet. Calculating to give the interior surface of the vessel or alcohol aging barrel of Niazi gives a total of (2π (5 feet)(12 feet) or) about 377 ft2 plus (2π (5 feet)2 or) about 157 ft2 or a total of 534 ft2 or about 77000 in2. Accordingly, the disclosed ratio of the surface area of the flavoring agent to internal alcohol aging barrel surface area in Example 2 of Niazi is 3267000/77000 or about 42:1.
Further regarding instant claim 2, the Office considers the claimed flavoring agent surface area surface area substantially eight times that of an interior surface area of a traditional alcohol aging barrel as including any flavoring agent surface area that is equal to or greater than eight times that of the interior surface area of the alcohol aging barrel. Accordingly, the Office considers the claimed flavoring agent surface area to vessel interior surface area to include the flavoring agent surface area to the interior surface area of the alcohol aging barrel disclosed in Example 2 of Niazi.
Claims 4-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over US2016/0376538 A1 to Niazi (Niazi) in view of US2001/0018086 A1 to Gross, II et al. (Gross) and either of (i) US2013/0243922 A1 to Lynn et al (Lynn) or (ii) US2021/0246403 A1 to Ben Zvi et al. (Ben Zvi).
The Office considers the claimed “inlet tubing extending into the interior volume of the container from the inlet tubing” and the claimed “outlet tubing extending into the interior volume of the container from the outlet tubing” to include any amount of tubing extending any distance in from the external surface of the container or in from the outer surface of its inlet or outlet orifice, including a flange or fitting piece.
Regarding instant claims 4 and 9, Niazi discloses at Abstract a method of aging an alcoholic beverage (“method for flavoring an alcoholic beverage”) comprising introducing multiple wooden surfaces into a vessel and mixing while maintaining the temperature of the alcoholic beverage. At [0025], Niazi discloses in FIG. 1 a container (”providing a container including”) as an alcoholic beverage aging holding vessel comprising a 1: holding vessel (“a body having an interior volume” and “a sidewall disposed about a perimeter of the bottom section”), a 2: top cover (“a lid section affixed to the sidewall”), an 3: inlet (“an inlet orifice positioned on the lid section”) and a 7: liquid outlet. Further the Office considers the claimed body including: a bottom section to include the container in FIG. 1 of Niazi. In addition, Niazi discloses at FIG. 1 a container wherein the wooden surfaces comprise 5: wooden shelves (“wooden lattice structure” as in claim 9). At [0026] and FIG. 2, Niazi discloses a 12: holding bracket, a 13: steel mesh and a 9: retaining wall for holding the 1: wooden slats (“at least one flavoring agent positioned within the interior volume of the container”). In addition, at claim 1, Niazi discloses providing a container comprising at least one liquid inlet (“inlet orifice”) and at least one liquid outlet (“outlet orifice”). Finally, at [0032] in Example 2 Niazi discloses a remarkable reduction in aging after the method of exposing alcohol to wood (“wherein the flavor characteristics of the flavored alcoholic beverage are substantially similar to an aged liquor”).
Further regarding instant claim 4, the Office considers the claimed “at least partially filling, via the inlet tubing, the interior volume of the container with a distilled alcoholic beverage; submerging a majority of each of the at least one flavoring agent within the distilled alcoholic beverage a predetermined amount of time, wherein the distilled alcoholic beverage is flavored with one or more molecules of each of the at least one flavoring agent” to include the method of filling of the container disclosed in FIG. 1 and Example 2 of Niazi with distilled alcoholic liquids.
Still further regarding instant claim 4, the Office considers the claimed “predetermined amount of time” to include any amount of time the alcoholic beverage is in contact with a flavoring agent including the amount of time in the method disclosed in Example 2 of Niazi.
Yet till further regarding instant claim 4, Niazi does not disclose an outlet orifice positioned on the lid section; and, Niazi does not disclose an inlet orifice including an inlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the inlet tubing. In addition, Niazi does not disclose an outlet orifice including an outlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the outlet tubing; and, Niazi does not disclose removing, via the outlet tubing, a flavored alcoholic beverage from the container.
Gross at Abstract discloses a process for aging an alcoholic beverage and, at [0035] and FIG. 1 discloses a distillate feed tank 20 and flavor transfer tank 22 (“container”) connected via (at [0024]) tubing to a pump in a circulating system. The Office considers the claimed inlet orifice including an inlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the inlet tubing as including the inlet tubing and the attendant connections for flowing an alcoholic beverage from feed tank 20 to flavor transfer tank 22 in FIG. 1 of Gross.
Lynn at FIG. 1 and 2 and [0041]-[0042] discloses an alcoholic liquid processing device comprising reservoir 110 (container) containing a beverage wherein the container is in contact with another vessel via fluid conduit 130 (outlet tubing) comprising a tube and extending through a cap 114 (lid) and into a depth of the beverage, wherein the tubing is configured to allow the beverage to flow out of the reservoir in a controlled manner.
Ben Zvi at Abstract and Figure 1 discloses an improved method of maturing alcohol comprising (at [0097]) a liquid dispersion system in which liquid spirit is drawn from a bulk substrate 135 (container) via a tube by a pump. At [0108] Ben Zvi discloses a circulation system whereby the distilled alcoholic beverage is pumped to and from the bulk substrate via outlet tube 130 and inlet tube 131, respectively from another container (100).
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Gross for Niazi to include on the lid port (inlet orifice) of its container an inlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the inlet tubing. Both references disclose containers adapted to admit distilled alcoholic beverages for aging them with a flavoring agent. The ordinary skilled artisan in Niazi would have desired to use an inlet tube as in Gross extending at least as far as needed into the interior volume of the container of Niazi to stabilize the tubing, including as a fitting piece or flange, and to enable the container in Niazi to receive a controlled amount of the distilled alcoholic beverage feed from a designated container or tank connected via (at [0024] of Gross) tubing to a pump in a circulating system as in Gross.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Lynn for Niazi to further include on its container an outlet orifice positioned on the lid section of the container, the outlet orifice further including an outlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the outlet tubing and, further to use the tubing of Lynn to remove, via the outlet tubing, a flavored alcoholic beverage from the container. Both references disclose containers for handling and dispensing alcoholic beverages. The ordinary skilled artisan in Niazi would have desired to include a top draw outlet as in Lynn 130 (FIG. 1) and extending into the interior of the container in Niazi to enable controlled flow of the alcoholic beverage out of the container of Niazi without having to move the container.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Ben Zvi for Niazi to further include on its container an outlet orifice positioned on the lid section of the container, the outlet orifice further including an outlet tubing being disposed about a perimeter of the inlet orifice and extending into the interior volume of the container from the outlet tubing and then to remove, via the outlet tubing, a flavored alcoholic beverage from the container. Both references disclose containers for handling and dispensing alcoholic beverages. The ordinary skilled artisan in Niazi would have desired to include an inlet tubing and an outlet tubing as in Ben Zvi at 130 (Figure. 1) and to extend each tubing into the interior of the container in Niazi as in Ben Zvi to enable controlled flow of the alcoholic beverage out of the container of Niazi without having to move the container. The Niazi container (Figure 1) comprises an upper port and the Ben Zvi circulation system (at [0108]) comprises a pump driven system to enable controlled movement of a desired amount of flavored alcoholic beverage in any direction through an inlet tubing or an outlet tubing.
Regarding instant claim 5, the Office interprets claim 5 as reciting a flavoring agent having or comprising the recited surface area. Further, the Office interprets the claimed alcohol aging barrel as including any alcohol aging barrel.
Further regarding instant claim 5, Niazi discloses in Example 2 at [0031] a cylindrical vessel (“alcohol aging barrel”) wherein the flavoring agent wood surface area is 3.267 million in2. The vessel disclosed in Example 2 of Niazi has a surface area (2 π rH + 2 π r2), where r is the internal radius of the vessel or 5 feet and where H is the height of the vessel or 12 feet. Calculating to give the interior surface of the vessel or alcohol aging barrel of Niazi gives a total of (2π (5 feet)(12 feet) or) about 377 ft2 plus (2π (5 feet)2 or) about 157 ft2 or 534 ft2 or about 77000 in2. Accordingly, the disclosed ratio of the surface area of the flavoring agent to internal alcohol aging barrel surface area in Example 2 of Niazi is 3267000/77000 or about 42:1.
Further regarding instant claim 5, the Office considers the claimed flavoring agent surface area surface area substantially four times that of an interior surface area of a traditional alcohol aging barrel as including any flavoring agent surface area that is equal to or greater than four times that of the interior surface area of the alcohol aging barrel. Accordingly, the Office considers the claimed flavoring agent surface area to vessel interior surface area to include the flavoring agent surface area to the interior surface area of the alcohol aging barrel disclosed in Example 2 of Niazi.
Regarding instant claim 6, at [0026] and FIG. 2, Niazi discloses a 12: holding bracket, a 13: steel mesh and a 9: retaining wall for holding the 1: wooden slats, whereby the “at least one flavoring agent are retained in at least one retaining device during the submerging” .
Regarding instant claim 8, the aged liquor disclosed at [0032] and Example 2 of Niazi appears to be substantially the same thing as the claimed aged liquor. Accordingly, absent a clear showing as to how the aged liquor in Niazi differs from that as claimed, the Office considers the aged liquor of Example 2 of Niazi to comprise a four to six year bourbon or whiskey as claimed. See MPEP 2112.01.I.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US2016/0376538 A1 to Niazi (Niazi) in view of US2001/0018086 A1 to Gross, II et al. (Gross) and either of (i) US2013/0243922 A1 to Lynn et al (Lynn) or (ii) US2021/0246403 A1 to Ben Zvi et al. (Ben Zvi). as applied to claim 4 above, and further in view of, WO2019/091590 A1 to Stockhausen (Stockhausen).
As applied to claim 4, Niazi as modified by Gross and Lynn or Ben Zvi discloses at Abstract a method for flavoring an alcoholic beverage comprising (at [0025] and in FIG. 1 of Niazi) providing a container including a body having an interior volume, a sidewall disposed about a perimeter of the bottom section, a lid section affixed to the sidewall, an inlet orifice and an outlet orifice positioned on the lid section each having (at {0024] of Gross) inlet tubing and (at Lynn at FIG. 1 and 2 and [0041]-[0042] and Ben Zvi at Figure 1 and [0108]) outlet tubing extending into the interior volume of the container, and, further, including (at FIG. 1 and at [0026] and FIG. 2 of Niazi) at least one flavoring agent positioned within the interior volume of the container. In addition, at [0032] in Example 2 Niazi as modified by Gross at [0024] and FIG. 1 discloses at least partially filling, via inlet tubing, the container with a distilled alcoholic beverage, submerging a majority of each of the at least one flavoring agent within the distilled alcoholic beverage for a predetermined amount of time to give a flavored alcoholic beverage similar to an aged liquor, followed by removing the aged liquor from the container via the outlet tubing.
In addition, Gross discloses at [0019] processing temperatures of from about 70 to 170 °F, with higher temperatures to increase reaction rates and discloses aging in the presence of oxygen. And Gross at claim 1 discloses aging for a sufficient period of time to produce a matured beverage.
Stockhausen at Example 3 on pages 14-15 discloses aging 400 ml of alcoholic distillates with 12g wood particles for 18 hours to make whisky having a desired flavor; and, at Example 4 on page 15 discloses aging the 400 ml of the distillate with 16g of wood particles for 12 hours to achieve the same desired flavor as in Example 3. Accordingly, Stockhausen discloses that wood flavoring agent surface area and time are result oriented variables for aging a distilled alcoholic beverage.
Before the effective filing date of the present invention, the ordinary skilled artisan would have found it obvious in view of Gross and Stockhausen for Niazi to suspend its at least one flavoring agent in a distilled alcoholic beverage for 12 hours at 120 °F. All references disclose aging or maturing distilled alcoholic beverages by holding them in contact with a wood flavoring agent; and all references recognize that contact time and flavoring agent surface area determine the amount of maturation, while Gross discloses that higher temperatures increase the rate maturation of the distilled alcoholic beverage. The ordinary skilled artisan in Niazi would have desired to age its distilled alcoholic beverage in the presence of a wood flavoring agent for 12 hours as in Stockhausen where the wood flavoring agent surface area is such that a 12 hour time period gives a desired final product flavor; and, further, the ordinary skilled artisan in Niazi would have desired to age its distilled alcoholic beverage in the presence of a wood flavoring agent at 120 °F as in Gross to increase the maturation rate of the distilled alcoholic beverage to rapidly give a desired final product flavor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US2012/09088018 A1 to Lix discloses at Abstract aging an alcoholic beverage in a container 52 containing an array of wood inserts (50, Fig. 8) via a method comprising (at [0019]) filling the container 62 with distillate 64, sealing it and aging by controllably varying the temperature and pressure of the contents.
A Clarivate machine translation of RU2698973 C1 to Mimbulatov (Mimbulatov), provided with this Office action, discloses at Abstract on page 1 subjecting a raw grain distillate to thermal treatment in the presence of greenhouse chips with continuous natural circulation from top to bottom in a reservoir in an apparatus loop that equipped with a heat exchanger and its subsequent cooling in the reservoir and slowly heating the distillate to a temperature of 40–50 °C ( about 101 to 122 °F), wherein the time of the exposure is not less than 5 days. In the Drawing and text at page 4, 2nd-3rd full paragraph, Mimbulatov discloses its reservoir as a stainless container 3 having a lid section, an inlet coming from valves 11, and shutoff valve 10 (outlet); and, at page 3, 4th paragraph from the bottom discloses the greenhouse chips as oak wood chips. As Mimbulatov discloses at the top of page 4 a tanks are filled with the distillate with underfilling of not more than 2%.
US 4210676 to Dudar et al (Dudar) discloses at Abstract and the front page a method for ripening spirits in the presence of wood staves in (at col. 3, lines 3-31) an irradiation chamber 1 as a container comprising cover 5, and inside the chamber wood staves 7 that are retained by holder 6. Dudar further discloses the chamber 1 comprising inlet 21 and outlet 27. At col. 1, lines 42-64, Dudas discloses heating the contents of the chamber using ultrasonic energy to a desired temperature.
US3119321 A to Deal discloses an apparatus for aging alcoholic spirits in a barrel (10, Fig. 1). At col. 2, lines 3-15, Deal discloses admitting raw liquor or whiskey into the barrel and agitating the liquor with a wooden paddle wheel 25 (Fig. 2 and col. 2, lines 37-56 and col. 4, lines 19-22) equipped with outlet opening 46 (Fig. 3) and valve 47.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW E MERRIAM whose telephone number is (571)272-0082. The examiner can normally be reached M-H 8:00A-5:30P and alternate Fridays 8:30A-5P.
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 H 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.
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/ANDREW E MERRIAM/Examiner, Art Unit 1791