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 .
DETAILED ACTION
Claims 1-18 are pending in the current application.
Claims 7-18 are withdrawn from consideration (see discussion, below).
Claims 1-6 are examined in the current application.
Election/Restrictions
Applicant’s election without traverse of claims 1-6 in the reply filed on January 23rd 2026 is acknowledged.
Claims 7-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 23rd 2026.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Steinberg (USPatPub. 2020/0077690 A1).
Regarding claims 1-4: Steinberg discloses a composition that increases energy, improves insulin sensitivity and enhances physical endurance during increased physical activity comprising caffeine and beta-hydroxybutyrate bonded to R-1,3-butanediol, wherein the caffeine is extracted from green tea leaves (see Steinberg abstract; paragraphs [0004], [0009], [0043] and [0053]), which encompasses the claimed limitations.
Regarding claim 5: Steinberg discloses the composition comprises glucose and/or fructose (see Steinberg abstract; paragraphs [0009] and [0041]), which reads on “sweeteners”.
Regarding claim 6: Steinberg discloses the composition is blended with water or another drinkable liquid for consumption (see Steinberg paragraph [0042]), which reads on “beverage, drink”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached on (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASSAF ZILBERING/Examiner, Art Unit 1792
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