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 .
Status of the Claims
The status of the claims upon entry of the present amendment stands as follows:
Pending claims: 1, 7, 9, 17, 19, 27, 30, and 38
Withdrawn claims: 7, 9, 17, 19, 27, and 38
Previously canceled claims: None
Newly canceled claims: None
Amended claims: None
New claims: None
Claims currently under consideration: 1 and 30
Currently rejected claims: 1 and 30
Allowed claims: None
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1, 9, 19, and 30 and Species a, claims 1, 7, 30, and 38 in the reply filed on 14 May 2026 is acknowledged.
Claims 7, 9, 17, 19, 27, and 38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 14 May 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurokawa et al. (WO 2014/097850 A1, cited on the IDS filed 13 September 2024. See Google Patents translation provided).
Regarding claim 1, Kurokawa teaches a fermented beverage having a fermentable extract residual concentration of 1% or less and an alcohol concentration of 12% or more, obtained from a wort having an original wort extract concentration of 25-32% by weight (p. 1, claims). Kurokawa states, “Fermented beverages refer to beverages obtained by fermenting malt and auxiliary malt materials, or wort produced by saccharifying only auxiliary materials using beer yeast. Fermented beverages include beer, beverages that have the same taste and aroma as beer…” p. 1, Description ¶ 3). Therefore, Kurokawa teaches “a beer-taste beverage”.
In Example 2, Kurokawa teaches fermented beverage having a fermentable extract residual concentration of 0.60% and an alcohol concentration of 15.49 v/v%, obtained from a wort having an original wort extract concentration of 30% by weight.
As evidenced by the instant specification on pp. 9-10, the apparent attenuation is calculated as 100 x (P – Es)/P, where “P” is the original wort extract and “Es” is the apparent extract of the beer-taste beverage (p. 9, line 31 – p. 10, line 4). Here, the apparent extract of the beer-taste beverage corresponds to the “fermentable extract residual concentration” disclosed by Kurokawa. Accordingly, Kurokawa the example of Kurokawa has an apparent attenuation of 100 x (30 – 0.60) / 30 = 98%.
Therefore, Kurokawa teaches a beer-taste beverage having an original extract concentration greater than or equal to 20.0 mass%, an apparent attenuation greater than or equal to 70.0%, and an alcohol content less than 25.0 (v/v)%.
Claim 1 is therefore anticipated by Kurokawa.
Regarding claim 30, Kurokawa teaches a fermented beverage having a fermentable extract residual concentration of 1% or less and an alcohol concentration of 12% or more, obtained from a wort having an original wort extract concentration of 25-32% by weight (p. 1, claims). Kurokawa states, “Fermented beverages refer to beverages obtained by fermenting malt and auxiliary malt materials, or wort produced by saccharifying only auxiliary materials using beer yeast. Fermented beverages include beer, beverages that have the same taste and aroma as beer…” p. 1, Description ¶ 3). Therefore, Kurokawa teaches “a beer-taste beverage”.
In Example 2, Kurokawa teaches a fermented beverage having a fermentable extract residual concentration of 0.60% and an alcohol concentration of 15.49 v/v%, obtained from a wort having an original wort extract concentration of 30% by weight.
Therefore, Kurokawa teaches a beer-taste beverage having an original extract concentration greater than or equal to 19.2 mass% and an alcohol content greater than or equal to 12.5 (v/v)%.
Claim 30 is therefore anticipated by Kurokawa.
Claims 1 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BeerSmith (BeerSmith LLC website, Westvleteren 12 Clone, URL: <https://beersmithrecipes.com/viewrecipe/782272/westvleteren-12-clone,> May 15, 2015, printed on July 30, 2024. (2 pages), cited on the IDS filed 21 February 2025. Publication date confirmed by BeerSmith LLC website, Jskaggs, URL: https://beersmithrecipes.com/wall/45601/1, printed on July 30, 2024. (2 pages), cited on the IDS filed 21 February 2025).
Regarding claim 1, BeerSmith teaches a “Westvleteren 12 Clone” Belgian Dark Strong Ale having an original gravity (OG) of 25.0 °P (i.e., original extract of 25.0 %w/w), a final gravity (FG) of 1.1 °P (i.e., an apparent extract of the beer of 1.1 %w/w), and an alcohol by volume of 13.5 % (p. 1, top box). As is known in the art of brewing, 1 °P = 1 %w/w.
As evidenced by the instant specification on pp. 9-10, the apparent attenuation is calculated as 100 x (P – Es)/P, where “P” is the original wort extract and “Es” is the apparent extract of the beer-taste beverage (p. 9, line 31 – p. 10, line 4). Here, the apparent extract of the beer-taste beverage corresponds to the “final gravity (FG)” disclosed by BeerSmith. Accordingly, BeerSmith the example of BeerSmith has an apparent attenuation of 100 x (25.0 – 1.1) / 25.0 = 95.6%.
Therefore, BeerSmith teaches a beer-taste beverage having an original extract concentration greater than or equal to 20.0 mass%, an apparent attenuation greater than or equal to 70.0%, and an alcohol content less than 25.0 (v/v)%.
Claim 1 is therefore anticipated by BeerSmith.
Regarding claim 30, BeerSmith teaches a “Westvleteren 12 Clone” Belgian Dark Strong Ale having an original gravity of 25.0 °P (i.e., original extract of 25.0 %w/w), a final gravity of 1.1 °P (i.e., an apparent extract of the beer of 1.1 %w/w), and an alcohol by volume of 13.5 % (p. 1, top box). As is known in the art of brewing, 1 °P = 1 %w/w.
Therefore, BeerSmith teaches a beer-taste beverage having an original extract concentration greater than or equal to 19.2 mass% and an alcohol content greater than or equal to 12.5 (v/v)%.
Claim 30 is therefore anticipated by BeerSmith.
Conclusion
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/JAMES P. SHELLHAMMER/Examiner, Art Unit 1793
/EMILY M LE/Supervisory Patent Examiner, Art Unit 1793
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