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 listing of 3/28/2024 is entered.
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.
Claim 1 is 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.
Claim 1 recites “A premium vodka having improved mouthfeel and smoothness, wherein said vodka is distilled from curated grains with a select variety of carefully selected olives and Extra Virgin Olive Oil.”
The term “improved mouthfeel and smoothness” in claim 1 is a relative term which renders the claim indefinite. The term “improved mouthfeel and smoothness” 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, e.g., it is unclear what is the improved mouthfeel and smoothness of vodka is being compared to, is it as compared to another vodka or other distilled liquors or beer or some other alcoholic beverage. Correction and /or clarification is required.
For the purpose of this office action the term "improved mouthfeel and smoothness" will be interpreted as a result of incorporation of olive or olive based product.
The term “carefully selected” in claim 1 is also a relative term which renders the claim indefinite. The term "carefully selected” 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, e.g., it is unclear "carefully selected" product/olives or olive oil is based on color shape cultivar or some other feature. Correction and /or clarification is required.
For the purpose of this office action the term "carefully selected" will be interpreted as any deliberate selection unless specifically mentioned that unselected product is used or product is not sorted/selected.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by NPL to Kastraelion.com/process, pages 1-5, hereinafter D 1.
Claim 1 recites “A premium vodka having improved mouthfeel and smoothness, wherein said vodka is distilled from curated grains with a select variety of carefully selected olives and Extra Virgin Olive Oil.” D1 pages 1-5 is directed to outlining the process of making vodka with olives. Step 1 pick olives by hand (Page 1), which addresses carefully selected olives of claim 1. Step 2 page 2 has heading of “blend with curated grains” and rest description on Page 2 of D1 states “while most vodkas are made from just grain Kastra Elion is distilled from the finest hand-picked Greek olives from the Nafpaktos region and premium grains curated and blended for the perfect balanced flavor”, which reads on the limitation that vodka is distilled from curated grains with a select variety of carefully selected olives as recited in claim 1. Page 3 of D1 teaches selection of premium grains and olives for “perfect balance of flavor before distilling to achieve “ripe olive notes with a “soft rounded finish and buttery smoothness”. Further Page 4 of D1 describes the step of “30 day resting process ..allows for smoothing the notes before bottling”, which reads on “smoothness”.
Also see 112 (b) rejection above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. UA to POVLOVYCH is cited a pertinent as it is directed special vodka treated with olive essential oil.
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/JYOTI CHAWLA/Primary Examiner, Art Unit 1791