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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 2003/0110951 (TYLER) in view of United States Patent Application Publication No. 2011/0070331 (WATSON) and United States Patent Application No. 2018/0321209 (GUTIERREZ).
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TYLER teaches applying a first ultrasonic energy to a fluid in a reaction chamber for at least one hour. Generally, the alcohol can be contacted with the ultrasonic energy for at least about one hour. In the broadest embodiments, the alcohol can be contacted with the ultrasonic energy for between about 12 and about 36 hours. Due to being subjected to the ultrasonic energy, the temperature of the alcohol can increase [0040]. Thus, it would have been obvious that a heating step would follow sonication. TYLER teaches that for all ultrasonic steps that one must maintain the temperature at a temperature of between about 70° F. and about 150° F during the process [0040]. In stage I, the fluid is in the presence of a wood load [0050]. The sonication itself results in heating of the product and must be controlled/maintained [0040]. Stages I and II can occur simultaneously or sequentially [0048].
TYLER also teaches applying a first heat to the fluid and maintaining a second temperature of the fluid of at least approximately 100° F for at least one hour [0015]. In this regard, it is noted that in [0048], TYLER teaches that in Stage I, if desired, the alcohol can be processed continuously or through a second and, if desired, a third stage. Thus, the designation of first, second, third temperatures, or even more is a matter of how many stages one skilled in the art undertakes and it would have been obvious to use multiple heating steps based on in the desired end product. In Stage II [0048], wood is used to add flavor [0050].
In stage III, it is taught that by continuing ultrasonic agitation after removing any solid flavorants, it is believed that the flavors can become more permanently associated with the beverage. This includes removing the wood load or the organic material load from the reaction chamber. Thus, it would have been obvious to remove the wood. Thus, it would have also been to remove such materials before stage III.
TYLER teaches that in Stage III that ultrasonic energy can be applied to the alcohol at the same frequencies and energy levels as described above. Further, the temperature of the beverage should remain within the same range as described with respect to Stage II of the process [0062]. As to the cooling, TYLER teaches that a cooling device can be placed in association with the vessel during the process in order to prevent the alcohol from becoming too hot [0040].
Moreover, as to the designation as to whether the ultrasonic energy and heat steps or first, second, third, fourth, etc… TYLER teaches three stages but notes that one need not carry each stage separately [0034]. Moreover, the purpose of TYLER is to have the flavors become permanently associated with the beverage. It would have been obvious to apply additional steps, as needed to obtain the desired flavor. Thus, it would have been obvious that the beverage could have been improved by processing via only the first stage, the first and second stage, or via multiple stages, depending upon the particular application and the desired results (see also [0035]).
TYLER is silent as to using AI.
However, WATSON teaches a controller system and methods for the aging of distilled spirits (see Fig. 10). The controller may be used to control various aspects of the accelerated aging system 10. The system 10 may be operable to receive information from one or more of the components of system 10 (e.g., the reaction vessel 20, the source of alcohol 30, the oxygen source 40, the water supply 50, the vapor collection system 60, the organic material source 70, the kinetic energy source 90, the pressure seal 100, as well as others). Particularly, the controller 120 may be operable to control one or more of the operations of the system 10, including one or more of the activities described above. For example, the controller 120 may be operable to control pressures, temperatures, speeds, introduction of ingredients of a solution 90, as well as other desired operations of the system 10 [0074]; Fig. 1and Fig. 10. The control system 1000 may be a distributed client/server system that spans one or more networks, such as network 1010. In such implementations, data may be communicated or stored in an encrypted format using any standard or proprietary encryption algorithm. Alternately, data may be communicated or stored in an unencrypted formant. System 1000 may be in a dedicated environment—across a local area network or subnet—or any other suitable environment without departing from the scope of this disclosure. The system 1000 may include or be communicably coupled with a server 1020, one or more computers 1030, and network 1010 [0076]. In this regard, it would have been obvious to one skilled in the art to receive data from the process and use that data to correlate one or more parameters for the accelerated aging method and one or more physical attributes and/or perceived qualities of fluid exiting the reaction chamber; receiving one or more desired physical attributes and/or one or more desired perceived qualities of the fluid; and the artificial intelligence system automatically setting the first period of time, the first temperature, the second temperature of the fluid, the second period of time, the third period of time, the third temperature of the fluid, and the fourth period of time in order to achieve the one or more desired physical attributes and/or the one or more desired perceived qualities.
As to the steps of determining, associating, training and receiving, TYLER does teach using gas chromatography to measure flavor (e.g., see Example 3 [0087]). WATSON teaches a controller system and methods for the aging of distilled spirits (see Fig. 10). However, WATSON and TYLER do not correlate one or more parameters for the accelerated aging method and one or more physical attributes and/or perceived qualities of a fluid exiting a reaction chamber based on the presence or the concentration of the chemical in the liquid or the vapor associated with the liquid with the quality or the flavor of a tested beverage.
However, GUTTIERIZ teaches determining a presence or a concentration of a chemical in a liquid or a vapor [0015] associated with the liquid using a chemical testing instrument such as an electronic nose [0012]; associating the presence or the concentration of the chemical/gas [0074]; and training the artificial intelligence system to correlate one or more parameters [0121]. This provides many benefits including providing the user with a graphical interface and system to analyze data.
It would have been obvious to use the artificial training model and electronic nose device of GUTTIEREZ with the references above, as this provides many benefits including providing the user with a graphical interface and system to analyze data..
As noted above, TYLER does teach using gas chromatography to measure flavor (e.g., see Example 3 [0087]) and WATSON teaches a controller system and methods for the aging of distilled spirits (see Fig. 10). It would have been obvious to the use the artificial training model and electronic nose device of to use the or the accelerated aging method and one or more physical attributes and/or perceived qualities of a fluid exiting a reaction chamber based on the presence or the concentration of the chemical in the liquid or the vapor associated with the liquid with the quality or the flavor of a tested beverage; receiving one or more desired physical attributes and/or one or more desired perceived qualities of the fluid.
Moreover, it is noted that automating a manual activity (e.g., taking samples and making calculations) is generally not sufficient to distinguish an invention over prior art. According to MPEP 2144.04, “broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.”
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As to claims 2-6, TYLER is silent as to using AI.
However, WATSON teaches a controller system and methods for aging of distilled spirits (see Fig. 10). The controller may be used to control various aspects of the accelerated aging system 10. It would have been obvious to one skilled in the art to receive data from the process and use that data to correlate one or more parameters for the accelerated aging method. This would change one or more physical attributes and/or perceived qualities of fluid exiting the reaction chamber (i.e., the chemical composition such as taste). This would include providing alerts for parameters that fall outside the desired or preset values.
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TYLER teaches a distilled spirit [0027].
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TYLER teaches in stage I that the fluid is in the presence of a wood load or an organic material [0050].
Claims 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 2003/0110951 (TYLER) in view of United States Patent Application Publication No. 2011/0070331 (WATSON).
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TYLER teaches applying a first ultrasonic energy to a fluid in a reaction chamber for at least one hour. In the broadest embodiments, the alcohol can be contacted with the ultrasonic energy for between about 12 and about 36 hours. Due to being subjected to the ultrasonic energy, the temperature of the alcohol can increase [0040]. Thus, it would have been obvious that a heating step would follow sonication. TYLER teaches that for all ultrasonic steps that one must maintain the temperature at a temperature of between about 70° F. and about 150° F during the process [0040]. In stage I, the fluid is in the presence of a wood load [0050]. The sonication itself results in heating of the product and must be controlled/maintained [0040]. Stages I and II can occur simultaneously or sequentially [0048].
TYLER also teaches applying a first heat to the fluid and maintaining a second temperature of the fluid of at least approximately 100° F for at least one hour. In this regard, it is noted that in [0048], TYLER teaches that in Stage I, if desired, the alcohol can be processed continuously or through a second and, if desired, a third stage. Thus, the designation of first, second, third temperatures, or even more is a matter of how many stages one skilled in the art undertakes and it would have been obvious to use multiple heating steps based on in the desired end product. In Stage II [0048], wood is used to add flavor [0050].
In stage III, it is taught that by continuing ultrasonic agitation after removing any solid flavorants, it is believed that the flavors can become more permanently associated with the beverage. This includes removing the wood load or the organic material load from the reaction chamber. Thus, it would have been obvious to remove the wood. Thus, it would have also been to remove such materials before stage III.
TYLER teaches that in Stage III that ultrasonic energy can be applied to the alcohol at the same frequencies and energy levels as described above. Further, the temperature of the beverage should remain within the same range as described with respect to Stage II of the process. As to the cooling, TYLER teaches that a cooling device can be placed in association with the vessel during the process in order to prevent the alcohol from becoming too hot [0040].
Moreover, as not the designation as to whether the ultrasonic energy and heat steps or first, second, third, fourth, etc… TYLER teaches three stages but notes that one need not carry each stage separately [0034]. Moreover, the purpose of TYLER is to have the flavors become permanently associated with the beverage. It would have been obvious to apply additional steps, as needed to obtain the desired flavor. Thus, it would have been obvious that the beverage could have been improved by processing via only the first stage, the first and second stage, or via multiple stages, depending upon the particular application and the desired results (see also [0035]).
TYLER is silent as to using AI.
However, WATSON teaches a controller system and methods for aging of distilled spirits (see Fig. 10). The controller may be used to control various aspects of the accelerated aging system 10. The system 120 may be operable to receive information from one or more of the components of system 10 (e.g., the reaction vessel 20, the source of alcohol 30, the oxygen source 40, the water supply 50, the vapor collection system 60, the organic material source 70, the kinetic energy source 90, the pressure seal 100, as well as others). Particularly, the controller 120 may be operable to control one or more of the operations of the system 10, including one or more of the activities described above. For example, the controller 120 may be operable to control pressures, temperatures, speeds, introduction of ingredients of a solution 90, as well as other desired operations of the system 10 [0074] and Fig. 10. The control system 1000 may be a distributed client/server system that spans one or more networks, such as network 1010. In such implementations, data may be communicated or stored in an encrypted format using any standard or proprietary encryption algorithm. Alternately, data may be communicated or stored in an unencrypted formant. System 1010 may be in a dedicated environment—across a local area network or subnet—or any other suitable environment without departing from the scope of this disclosure. The system 1000 may include or be communicably coupled with a server 1020, one or more computers 1030, and network 1010 [0076]. In this regard, it would have been obvious to one skilled in the art to receive data from the process and use that data to correlate one or more parameters for the accelerated aging method and one or more physical attributes and/or perceived qualities of fluid exiting the reaction chamber; receiving one or more desired physical attributes and/or one or more desired perceived qualities of the fluid.
Moreover, it is noted that automating a manual activity (e.g., taking samples and making calculations) is generally not sufficient to distinguish an invention over prior art. According to MPEP 2144.04, “broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.”
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As to claims 10-12, TYLER is silent as to using AI.
However, WATSON teaches a controller system and methods for aging of distilled spirits (see Fig. 10). The controller may be used to control various aspects of the accelerated aging system 10. It would have been obvious to one skilled in the art to receive data from the process and use that data to correlate one or more parameters for the accelerated aging method. This would change one or more physical attributes and/or perceived qualities of fluid exiting the reaction chamber (i.e., the chemical composition such as taste). This would include providing an alert for parameters falling outside those desired.
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TYLER teaches a distilled spirit [0027].
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TYLER teaches in stage I that the fluid is in the presence of a wood load or an organic material load such as wood [0050].
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TYLER teaches applying a first ultrasonic energy to a fluid in a reaction chamber for at least one hour. Generally, the alcohol can be contacted with the ultrasonic energy for at least about one hour. In the broadest embodiments, the alcohol can be contacted with the ultrasonic energy for between about 12 and about 36 hours. Due to being subjected to the ultrasonic energy, the temperature of the alcohol can increase [0040]. Thus, it would have been obvious that a heating step would follow sonication. TYLER teaches that for all ultrasonic steps that one must maintain the temperature at a temperature of between about 70° F. and about 150° F during the process [0040]. In stage I, the fluid is in the presence of a wood load or an organic material load such as diatomaceous earth [0043]. The sonication itself results in heating of the product and must be controlled/maintained [0040]. Stages I and II can occur simultaneously or sequentially [0048].
TYLER also teaches applying a first heat to the fluid and maintaining a second temperature of the fluid of at least approximately 100° F for at least one hour. In this regard, it is noted that in [0048], TYLER teaches that in Stage I, if desired, the alcohol can be processed continuously or through a second and, if desired, a third stage. Thus, the designation of first, second, third temperatures, or even more is a matter of how many stages one skilled in the art undertakes and it would have been obvious to use multiple heating steps based on in the desired end product. In Stage II [0048], wood is used to add flavor [0050].
In stage III, it is taught that by continuing ultrasonic agitation after removing any solid flavorants, it is believed that the flavors can become more permanently associated with the beverage [0063]. This includes removing the wood load or the organic material load from the reaction chamber. Thus, it would have been obvious to remove the wood. Thus, it would have also been to remove such materials before stage III.
TYLER teaches that in Stage III that ultrasonic energy can be applied to the alcohol at the same frequencies and energy levels as described above. Further, the temperature of the beverage should remain within the same range as described with respect to Stage II of the process. As to the cooling, TYLER teaches that a cooling device can be placed in association with the vessel during the process in order to prevent the alcohol from becoming too hot [0040].
Moreover, as not the designation as to whether the ultrasonic energy and heat steps or first, second, third, fourth, etc… TYLER teaches three stages but notes that one need not carry each stage separately [0034]. Moreover, the purpose of TYLER is to have the flavors become permanently associated with the beverage. It would have been obvious to apply additional steps, as needed to obtain the desired flavor. Thus, it would have been obvious that the beverage could have been improved by processing via only the first stage, the first and second stage, or via multiple stages, depending upon the particular application and the desired results (see also [0035]).
TYLER is silent as to using AI.
However, WATSON teaches a controller system and methods for aging of distilled spirits (see Fig. 10). The controller may be used to control various aspects of the accelerated aging system 10. The system 120 may be operable to receive information from one or more of the components of system 10 (e.g., the reaction vessel 20, the source of alcohol 30, the oxygen source 40, the water supply 50, the vapor collection system 60, the organic material source 70, the kinetic energy source 90, the pressure seal 100, as well as others). Particularly, the controller 120 may be operable to control one or more of the operations of the system 10, including one or more of the activities described above. For example, the controller 120 may be operable to control pressures, temperatures, speeds, introduction of ingredients of a solution 90, as well as other desired operations of the system 10 [0074] and Fig. 10. The control system 1000 may be a distributed client/server system that spans one or more networks, such as network 1010. In such implementations, data may be communicated or stored in an encrypted format using any standard or proprietary encryption algorithm. Alternately, data may be communicated or stored in an unencrypted formant. System 1010 may be in a dedicated environment—across a local area network or subnet—or any other suitable environment without departing from the scope of this disclosure. The system 1000 may include or be communicably coupled with a server 1020, one or more computers 1030, and network 1010 [0076]. In this regard, it would have been obvious to one skilled in the art to receive data from the process and use that data to correlate one or more parameters for the accelerated aging method and one or more physical attributes and/or perceived qualities of fluid exiting the reaction chamber; receiving one or more desired physical attributes and/or one or more desired perceived qualities of the fluid.
teaches a controller system and methods for the aging of distilled spirits (see Fig. 10).
Moreover, it is noted that automating a manual activity (e.g., taking samples and making calculations) is generally not sufficient to distinguish an invention over prior art. According to MPEP 2144.04, “broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.”
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As to claims 16-19, TYLER is silent as to using AI.
However, WATSON teaches a controller system and methods for aging of distilled spirits (see Fig. 10). The controller may be used to control various aspects of the accelerated aging system 10. It would have been obvious to one skilled in the art to receive data from the process and use that data to correlate one or more parameters for the accelerated aging method. This would change one or more physical attributes and/or perceived qualities of fluid exiting the reaction chamber (i.e., the chemical composition such as taste). This would include providing alerts for parameters that fall outside the desired or preset values.
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TYLER teaches a distilled spirit [0027].
Relevant Art Not Relied Upon
Boccorh et al., , An artificial neural network model for predicting flavour intensity in blackcurrant concentrates, Food Quality and Preference, Volume 13, Issue 2, 2002, Pages 117-128 uses an artificial neural network models to predict overall flavor character from concentrates in blackcurrant drinks.
Response to Arguments
Applicant's arguments filed 5/27/2026 have been fully considered but they are not persuasive.
The applicant argues that Watson does not disclose "training an artificial intelligence system to correlate one or more parameters for the accelerated aging method and one or more physical attributes and/or perceived qualities of fluid exiting the reaction chamber," "receiving one or more desired physical attributes and/or one or more desired perceived qualities of the fluid" or "the artificial intelligence system automatically setting the first period of time, the first temperature, the second temperature of the fluid, the second period of time, the third period of time, the third temperature of the fluid, and the fourth period of time in order to achieve the one or more desired physical attributes and/or the one or more desired perceived qualities."
However, the rejection is not an anticipation rejection and also relies on TYLER and GUTTERIEZ. TYLER teaches three stages but notes that one need not carry each stage separately [0034]. Moreover, the purpose of TYLER is to have the flavors become permanently associated with the beverage. It would have been obvious to apply additional steps, as needed to obtain the desired flavor. Thus, it would have been obvious that the beverage could have been improved by processing via only the first stage, the first and second stage, or via multiple stages, depending upon the particular application and the desired results (see also [0035]). GUTTIERIZ teaches determining a presence or a concentration of a chemical in a liquid or a vapor [0015] associated with the liquid using a chemical testing instrument such as an electronic nose [0013]; associating the presence or the concentration of the chemical/gas [0130]; and training the artificial intelligence system to correlate one or more parameters [0121]. This provides many benefits including providing the user with a graphical interface and system to analyze data. It would have been obvious to use the artificial training model and electronic nose device in the accelerated aging method to determine physical attributes and/or perceived qualities of distilled spirits.
The applicant also argues that training an Al system is not merely providing an automatic or mechanical means to replace a manual activity which accomplished the same result. Rather, the AI system provides improved functionality compared to the prior art because the AI system of the present invention provides for determining processing parameters for accelerated aging of a fluid based on desired physical attributes and/or perceived qualities of a fluid. This is an improvement over the prior art, which does not disclose correlating parameters of an accelerated aging method and attributes of a fluid exiting the reaction chamber. No evidence has been provided that the step of training an AI system is merely automating a manual activity.
However, the claims and steps directed to training of the artificial intelligence do reflect an automatic or mechanical means to replace a manual activity. This includes the calculations and adjustments a human would have made to obtain the same result. The same result is not sufficient to distinguish over the prior art
The applicant argues none of the prior art discloses "determining a presence or a concentration of a chemical in a liquid or a vapor associated with the liquid using a chemical testing instrument" and "associating the presence or the concentration of the chemical in the liquid or the vapor associated with the liquid with a quality or a flavor of a tested beverage using an artificial intelligence system",
However, TYLER does teach using GC/MS to track flavor compounds such a phenolics [0087]-[0090]. Moreover, GUTTERIIEZ is now cited show that this information can be obtained and analyzed to make the appropriate adjustments via artificial intelligence.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP A DUBOIS whose telephone number is (571)272-6107. The examiner can normally be reached M-F, 9:30-6:00p.
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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.
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/PHILIP A DUBOIS/Examiner, Art Unit 1791 /Nikki H. Dees/Supervisory Patent Examiner, Art Unit 1791
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