US 11760963

Patent Summary: US 11,760,963

Title: Ketogenic beer and alcoholic beverage mixture containing non-racemic ethyl 3-hydroxybutyrate and/or 1,3 butanediol

Assignee: Ketoneaid Inc.

Inventors: Frank Borges Llosa, Stephen Zarpas

Filing Date: October 23, 2018

Issue Date: September 19, 2023

Abstract:
A beverage can include D ethyl 3-hydroxybutyrate, D 1,3-butanediol, D Beta hydroxybutyrate salts, D Beta hydroxybutyrate/D 1,3-butanediol monoester, D ethyl hydroxybutyrate, hydroxybutyrate, and/or D hydroxybutyric acid of at least 0.5 percent by volume. The percentage of D ethyl 3-hydroxybutyrate, D 1,3-butanediol, D Beta hydroxybutyrate salts, D Beta hydroxybutyrate/D 1,3-butanediol monoester, D ethyl hydroxybutyrate, hydroxybutyrate, and D hydroxybutyric acid can be between 5 and 19 percent, or can be higher than 19 percent. The beverage can be improved by the incorporation of flavor from hops and/or from other ingredients.

Plain-Language Overview of Independent Claims:

This patent has three independent claims which define the core of the invention.

Independent Claim 1: This claim protects a beverage that contains water and at least 0.5% by volume of a specific chemical, D-1,3-butanediol, with little to no of its mirror-image version, L-1,3-butanediol. The beverage can also optionally include a variety of other related "ketogenic" compounds, such as D ethyl 3-hydroxybutyrate, salts of D beta hydroxybutyrate, and ethanol, among others. Essentially, this claim covers a drink designed to support a ketogenic state by using a specific form of butanediol as a key ingredient.

Independent Claim 7: This claim is for a beverage that must contain at least 0.5% by volume of D-1,3-butanediol (with little to no L-1,3-butanediol) and also must include one or more of the additional ketogenic compounds listed in claim 1, such as D ethyl 3-hydroxybutyrate or ethanol. Unlike claim 1, where the additional compounds are optional, this claim requires their presence, creating a specific combination of ingredients.

Independent Claim 17: This claim specifies a more particular beverage formulation. It must contain water, at least 0.5% by volume of D-1,3-butanediol (with little to no L-1,3-butanediol), and must also include D beta hydroxybutyrate salts and D beta hydroxybutyrate. This claim narrows the invention down to a beverage with a precise mixture of these three ketogenic components.

At the time of this analysis, a search of the CAFC 2026 dockets did not reveal any litigation concerning US Patent 11,760,963. However, this does not authoritatively confirm the absence of any legal disputes.

Litigation History of US Patent 11,760,963

As of May 5, 2026, there is one known litigation case involving US patent 11,760,963. The details of the case are as follows:

Case: KetoneAid, Inc. v. Suspend Aging L.L.C. et al

• Plaintiff: KetoneAid, Inc.
• Defendants: Suspend Aging L.L.C. (doing business as ALTRD HEALTH LLC and ALTRD APE COMPANY), and Ibok Ibok (an individual).
• Jurisdiction: U.S. District Court for the District of Puerto Rico.
• Case Number: 3:25-cv-01234.
• Filing Date: April 25, 2025.
• Status: Active. On November 13, 2025, the court denied a motion to dismiss filed by defendant Ibok Ibok. On the same day, the court granted KetoneAid, Inc.'s motion for an entry of default against defendant Suspend Aging L.L.C. The court also enjoined Suspend Aging L.L.C. from using the active ingredient as protected in Claim 1 of the '963 patent. A hearing to determine monetary damages is to be scheduled.

Proceedings overview

As of May 29, 2026, a search for AIA trial proceedings for US Patent 11,760,963 indicates no PTAB activity on file from the USPTO Open Data Portal. Web search results also do not surface any Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) proceedings for this patent. Therefore, all claims of US Patent 11,760,963 remain untested by PTAB challenges.

Strategic summary

Currently, all 18 claims of US Patent 11,760,963 are sustained and untested by any PTAB proceedings. This means there is no estoppel landscape established by prior IPR, PGR, or CBM trials under § 315(e)(2). For a defendant currently being asserted against, all prior-art grounds and statutory bases (§ 102, § 103, § 112) are still available for a potential PTAB challenge. The absence of PTAB activity could indicate that the patent has not yet faced significant challenges from competitors or defensive aggregators.

Recommended next steps

Since no PTAB activity is currently on file for US Patent 11,760,963, a defendant facing assertion of this patent has the full range of PTAB challenge options available. If considering a PTAB petition, a thorough prior art search should be conducted to identify the strongest grounds for invalidity under 35 U.S.C. §§ 102 or 103. The claims of this patent, particularly independent claims 1, 7, and 17, remain unadjudicated by the PTAB.

Inventors

The named inventors for US Patent 11,760,963 are Frank Borges Llosa and Stephen Zarpas. At the time of filing, both appear to be associated with the assignee, Ketoneaid Inc., as Stephen Zarpas is listed as the correspondent for both assignments of inventor interest to Ketoneaid Inc. and is also an inventor. No unusual patterns, such as inventors departing the original assignee shortly after filing, are determinable from the provided information.

Original assignee

The original assignee named on the issued patent is Ketoneaid Inc. This entity appears to be an operating company, as evidenced by its active litigation of the patent against other businesses in the ketogenic health space, suggesting it manufactures or licenses products embodying the claims. Its primary line of business, based on the patent's title and description, is related to ketogenic beverages and nutritional supplements. Ketoneaid Inc. is currently operating and actively asserting this patent.

Assignment timeline

The following assignments are recorded for US Patent 11,760,963, reflecting the transfer of rights from the inventors to the original assignee. No post-issuance assignments transferring ownership from Ketoneaid Inc. to another entity are recorded.

• 2016-04-21 (executed) / recorded 2021-01-29 — Reel 055187/0122
  • Conveyance: Assignment
  • Assignor: ZARPAS, STEVEN M.
  • Assignee: KETONEAID, INC.
  • Correspondent: STEVEN M ZARPAS, Zarpas, S.M. (Attorney at Law), 11825 W. MARKET STREET STE B, OAKTON, VA 22124. This correspondent recurs in this chain.
  • Context: Internal transfer of inventor's interest to the company.
• 2023-07-09 (executed) / recorded 2023-07-10 — Reel 064203/0155
  • Conveyance: Assignment
  • Assignor: LLOSA, FRANK BORGES
  • Assignee: KETONEAID, INC.
  • Correspondent: STEVEN ZARPAS, KETONEAID INC, 11825 W. Market St, Ste B, OAKTON, VA 22124. This correspondent recurs in this chain.
  • Context: Internal transfer of inventor's interest to the company.

Timeline diagram

timeline
    title Ownership of US 11760963
    2016 : Inventor Zarpas assigns to Ketoneaid
    2018 : Filed by Ketoneaid Inc
    2023 : Inventor Llosa assigns to Ketoneaid
         : Issued to Ketoneaid Inc
    2025 : First infringement suit filed

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The recorded assignments are from individual inventors to Ketoneaid Inc., which appears to be an operating company.
2. Known asserter in the chain — not present. Ketoneaid Inc. is not identified on common NPE lists.
3. Repeat correspondent across the chain — present. Steven M. Zarpas (also an inventor) is listed as the correspondent for both assignments to Ketoneaid Inc. (Reel 055187/0122 and Reel 064203/0155).
4. Cascading transfers — not present. Only two assignments from individual inventors to the same company, recorded over a period of years.
5. Pre-litigation transfer — not present. The most recent assignment was recorded on 2023-07-10 (Reel 064203/0155), while the first infringement suit was filed on 2025-04-25, which is more than six months prior to the litigation.
6. Bankruptcy fire-sale — not present. There is no indication that Ketoneaid Inc. has filed for bankruptcy.
7. Privateering — unclear. There is no public information to suggest that Ketoneaid Inc. is operating as a privateer.
8. Defensive aggregator (anti-NPE) — not present. The patent is currently owned and being asserted by Ketoneaid Inc., not a defensive aggregator.

Verdict

Operating-company assertion

This verdict is based on Ketoneaid Inc. being the original assignee and the current owner, as no post-issuance assignments are recorded. Furthermore, Ketoneaid Inc. is actively using this patent as a plaintiff in an infringement lawsuit (KetoneAid, Inc. v. Suspend Aging L.L.C. et al, Case No. 3:25-cv-01234), indicating it is asserting its intellectual property rights as an operating company.

(Verification via USPTO Patent Assignment Search: https://assignmentcenter.uspto.gov/)

Analysis of Prior Art for US Patent 11,760,963

This analysis details the most relevant prior art cited against US Patent 11,760,963, focusing on potential anticipation of the patent's claims under 35 U.S.C. § 102. The core of the invention in the '963 patent is a beverage containing at least 0.5% by volume of D-1,3-butanediol, with substantially no L-1,3-butanediol, intended to support a ketogenic state.

Key Prior Art References:

The following patent documents were cited by the USPTO examiner during the prosecution of the '963 patent and are most relevant to the claimed invention.

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1. US Patent Application Publication No. US 2003/0138384 A1

• Full Citation: US 2003/0138384 A1, "Methods of using a beverage composition," filed by The Procter & Gamble Co.
• Publication Date: July 24, 2003
• Brief Description: This patent application describes beverage compositions, including carbonated and non-carbonated soft drinks and juices, that are formulated to have a pH greater than 5.5 to reduce dental erosion. The document broadly discusses the inclusion of various functional ingredients and additives in beverages.
• Potential Anticipation: This reference is broad in its description of beverage compositions. While it discusses the formulation of various beverages, it does not specifically disclose the use of D-1,3-butanediol as a primary functional or "alcoholic" component, nor does it teach the specific concentration of at least 0.5% by volume or the substantial exclusion of L-1,3-butanediol. Therefore, it is unlikely to anticipate any of the independent claims (1, 7, or 17) of the '963 patent, which are all predicated on the presence of a specific isomer of 1,3-butanediol at a significant concentration.

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2. US Patent Application Publication No. US 2015/0065571 A1

• Full Citation: US 2015/0065571 A1, "Ketone body and ketone body ester for reducing muscle breakdown," assigned to Tdeltas Limited.
• Publication Date: March 5, 2015
• Brief Description: This application discloses the use of ketone bodies and their esters to reduce muscle breakdown and wasting. It specifically mentions compositions containing a monoester of D-β-hydroxybutyrate with R-1,3-butanediol. The focus is on therapeutic applications for preserving muscle during exercise or in disease states.
• Potential Anticipation: This reference is highly relevant as it explicitly discloses a composition containing a form of 1,3-butanediol (specifically the R-enantiomer, which corresponds to the D-form) in combination with D-β-hydroxybutyrate.
  • Claim 1 & 7: This reference discloses a composition with D-1,3-butanediol. However, it describes it as a component of a monoester rather than as a standalone ingredient in a beverage at a specific concentration. It does not explicitly mention a beverage with "at least 0.5 percent by volume D-1,3-butanediol." The claims of the '963 patent are directed to a beverage with free D-1,3-butanediol, not necessarily an ester. An argument could be made that the breakdown of the ester in a beverage could result in free D-1,3-butanediol, but this would be an argument based on inherency, not explicit disclosure.
  • Claim 17: This claim requires a beverage with D-1,3-butanediol, D-beta hydroxybutyrate salts, and D-beta hydroxybutyrate. The prior art discloses an ester of D-β-hydroxybutyrate and R-1,3-butanediol, which is conceptually close. However, it does not explicitly teach the combination with salts or the specific concentrations required by the '963 patent's claims. The focus is on a therapeutic composition, which may or may not be a "beverage" in the sense of the '963 patent.

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3. US Patent No. 9,138,420 B2

• Full Citation: US 9,138,420 B2, "Compositions and methods for producing elevated and sustained ketosis," assigned to the University of South Florida, with Dominic P. D'Agostino as a lead inventor.
• Publication Date: September 22, 2015
• Brief Description: This patent describes compositions and methods for inducing and sustaining a state of ketosis by administering beta-hydroxybutyrate (BHB) mineral salts combined with medium-chain triglycerides (MCTs). The goal is to achieve elevated blood ketone levels for therapeutic or performance-enhancing benefits.
• Potential Anticipation: This reference is central to the field of exogenous ketones but its direct anticipation of the '963 claims is questionable.
  • Claim 1, 7, & 17: The '420 patent focuses heavily on BHB salts and MCT oil to induce ketosis. It provides a comprehensive list of ketone precursors and salts. However, it does not teach the use of D-1,3-butanediol as the primary ketogenic agent in a beverage at the claimed concentration. The inventive concept of the '963 patent is the use of a specific, non-racemic form of 1,3-butanediol as an alcohol substitute in a beverage, which is distinct from the BHB salt and MCT compositions described in the '420 patent. While both aim for ketosis, the chemical means are different. Therefore, this patent does not appear to anticipate the claims of '963.

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4. International Patent Application Publication No. WO 2014/153416 A1

• Full Citation: WO 2014/153416 A1, "Compositions and methods for producing elevated and sustained ketosis," filed by the University of South Florida.
• Publication Date: September 25, 2014
• Brief Description: This is the international counterpart to US 9,138,420 B2 and discloses the same fundamental invention: inducing ketosis through compositions of BHB mineral salts and MCTs.
• Potential Anticipation: For the same reasons outlined for its US counterpart, this document does not anticipate the claims of the '963 patent. It does not disclose a beverage with at least 0.5% D-1,3-butanediol as the key ingredient.

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In summary, while the cited prior art operates in the same technical field of inducing or supporting ketosis through nutritional supplements, none of the key references explicitly disclose the central inventive concept of US 11,760,963: a beverage containing at least 0.5% by volume of substantially pure D-1,3-butanediol. The prior art either focuses on different ketogenic compounds (like BHB salts and MCTs) or describes related molecules (like esters of 1,3-butanediol) for different applications without specifying the claimed beverage formulation.

Analysis of Obviousness under 35 U.S.C. § 103

This analysis evaluates whether the invention claimed in US Patent 11,760,963 would have been obvious to a "person having ordinary skill in the art" (PHOSITA) at the time the invention was made. An invention is considered obvious if the differences between the claimed invention and the prior art are such that the subject matter as a whole would have been obvious to a PHOSITA. This analysis relies on the prior art references identified in the preceding section.

A PHOSITA in this context would be a food scientist or biochemist with experience in formulating functional beverages and nutritional supplements, particularly those related to the ketogenic diet. This person would be familiar with ketone bodies, their metabolic precursors, and methods for creating palatable consumer beverages.

Obviousness of Independent Claim 1

Claim 1: A beverage comprising water and at least 0.5 percent by volume D-1,3-butanediol and no, or substantially no, L-1,3-butanediol, the beverage further optionally comprising one or more additives...

A strong argument for the obviousness of Claim 1 can be made by combining the teachings of US 2015/0065571 A1 ('571) and general knowledge in beverage formulation, as exemplified by US 2003/0138384 A1 ('384).

1. Core Components and Motivation to Combine:

   • The '571 patent application explicitly discloses compositions containing a monoester of D-β-hydroxybutyrate and R-1,3-butanediol (the "D" form claimed in the '963 patent). It teaches using this specific, non-racemic isomer for a therapeutic purpose (reducing muscle breakdown), establishing its utility as a ketogenic precursor for oral administration.
   • The '384 patent application teaches the general art of creating beverage compositions, including adding functional ingredients to a water-based medium for consumer use.

   A PHOSITA, aware of the ketogenic benefits of D-1,3-butanediol from '571, would have been motivated to create a consumer-friendly product for oral delivery. A liquid beverage is one of the most common and predictable delivery systems for nutritional supplements. The motivation would be to take the functional compound identified in '571 and place it into a standard, palatable delivery vehicle as taught by '384, thereby making the basic combination of water and D-1,3-butanediol in a beverage obvious.

2. Addressing Specific Claim Limitations:

   • "no, or substantially no, L-1,3-butanediol": The '571 reference specifically teaches the use of the R-1,3-butanediol isomer. In biochemistry and pharmacology, it is a well-established principle that different stereoisomers of a molecule can have different biological effects. A PHOSITA, seeking to maximize the desired ketogenic effect taught by '571 and minimize any potential unknown or undesirable effects from the L-isomer, would have been naturally led to use the D-1,3-butanediol in a substantially pure form. This constitutes an obvious optimization step to enhance product efficacy and safety.
   • "at least 0.5 percent by volume": This concentration is not explicitly taught in the prior art combination. However, the '963 patent positions its invention as a "ketogenic beer" and an alternative "alcoholic beverage." The threshold for a beverage to be legally considered non-alcoholic in the US is typically less than 0.5% alcohol by volume (ABV). A PHOSITA tasked with creating an alternative alcoholic beverage that provides a physiological effect (in this case, ketosis and potential intoxicating effects described in the patent) would have been motivated to formulate the beverage with a concentration of the active ingredient at or above this 0.5% threshold. Arriving at a specific effective dose would have been a matter of routine experimentation and optimization, not invention.

Therefore, it would have been obvious to a PHOSITA to combine the D-1,3-butanediol taught in '571 with water in a beverage format as taught by '384, using the specific D-isomer for efficacy and formulating it at a concentration of at least 0.5% to create a functional beverage akin to an alcoholic drink.

Obviousness of Independent Claims 7 and 17

Claim 7: A beverage comprising at least 0.5 percent by volume D-1,3-butanediol... and one or more additives selected from the group consisting of D ethyl 3-hydroxybutyrate; D beta hydroxybutyrate salts...

Claim 17: A beverage comprising water, at least 0.5 percent by volume D-1,3-butanediol, D beta hydroxybutyrate salts, and D beta hydroxybutyrate...

The obviousness of these more specific claims can be argued by extending the previous combination to include the teachings of US 9,138,420 B2 ('420).

1. Motivation to Add Further Ketogenic Compounds:

   • The '420 patent is a foundational text in the field, teaching compositions for inducing "elevated and sustained ketosis" by using beta-hydroxybutyrate (BHB) mineral salts. It establishes the desirability of using exogenous ketone salts to support a ketogenic state.
   • A PHOSITA, starting with the obvious beverage from the '571 and '384 combination, would be aware of other methods for inducing ketosis, such as the BHB salts from '420. The motivation to combine these teachings would be to create a more effective, multi-faceted product. It is common practice in the dietary supplement field to combine multiple ingredients that work towards a common goal via similar or complementary mechanisms.

2. Reasonable Expectation of Success:

   • A PHOSITA would have a reasonable expectation of success in combining D-1,3-butanediol with BHB salts and/or D-beta-hydroxybutyrate. Both are known ketogenic precursors that are converted into ketone bodies in the liver. Combining them would be expected to provide a more robust and potentially more sustained elevation of blood ketones than either compound alone. This would be seen as an obvious way to improve upon the base product.

Thus, claims 7 and 17, which require the addition of other ketogenic compounds like BHB salts to the base D-1,3-butanediol beverage, would have been obvious by combining the teachings of '571, '420, and general beverage formulation knowledge ('384). The combination is a predictable amalgamation of known ketogenic agents into a conventional delivery format to achieve a superior ketogenic effect.

US Patent 11,760,963: Patent Term and Family Analysis

Date of Analysis: May 5, 2026

This report details the term adjustments, related applications, and projected expiration date for US Patent 11,760,963.

Patent Term Adjustment (PTA) / Patent Term Extension (PTE)

• Patent Term Adjustment (PTA): There is no indication of any Patent Term Adjustment (PTA) recorded for this patent in the publicly available data. The patent's term is therefore calculated from its filing date.
• Patent Term Extension (PTE): There is no indication of any Patent Term Extension (PTE) for this patent. PTE is typically granted for delays caused by regulatory review (e.g., by the FDA) and is not applicable here.

Continuity and Related Applications

US Patent 11,760,963, which issued from application US 16/168,703, is the parent patent in a family of related applications. The following applications claim continuation status from this parent patent, indicating they share the same original priority date of August 23, 2017.

• Continuation Application:

  • Application Number: US 18/350,563
  • Filing Date: July 11, 2023
  • Status: This application has issued as US Patent 12,037,567 B2.
  • Title: Functional beverage containing 1,3 butanediol

• Continuation Application:

  • Application Number: US 18/436,905
  • Filing Date: February 8, 2024
  • Status: This application has been published as US 2024/0301332 A1 and is currently pending.
  • Title: Functional beverage containing 1,3 butanediol

• Continuation Application:

  • Application Number: US 18/894,874
  • Filing Date: September 24, 2024
  • Status: This application has been published as US 2025/0011695 A1 and is currently pending.
  • Title: Beverage containing r-1,3-butanediol and d-beta-hydroxybutyric acid

• Continuation Application:

  • Application Number: US 18/894,890
  • Filing Date: September 24, 2024
  • Status: This application has been published as US 2025/0011696 A1 and is currently pending.
  • Title: Beverage containing r-1,3-butanediol or r-1,3-butanediol and ethanol

There are no divisional applications indicated for this patent.

Projected Expiration Date

The expiration date of a US patent is typically 20 years from the filing date of the earliest non-provisional application to which it claims priority.

• Application Filing Date: October 23, 2018 (Application No. US 16/168,703)
• Priority Date: The application claims priority to a provisional application filed on August 23, 2017. However, the 20-year term is calculated from the non-provisional filing date.
• Patent Term: 20 years from October 23, 2018.

Based on this calculation and in the absence of any term adjustments, the projected expiration date for US Patent 11,760,963 is October 23, 2038. The Google Patents page for this patent indicates an "Adjusted expiration" of 2040-11-05. This discrepancy may be due to a significant PTA that is not immediately apparent in the basic bibliographic data. A detailed review of the file wrapper would be required to confirm the source of this adjustment. However, based on the filing date, the baseline expiration is 2038.

Defensive Disclosure Document

Reference Patent: US 11,760,963
Title: Ketogenic beer and alcoholic beverage mixture containing non-racemic ethyl 3-hydroxybutyrate and/or 1,3 butanediol
Publication Date: May 5, 2026
Purpose: To establish prior art against potential future patent applications by disclosing foreseeable variations, extensions, and applications of the core technology described in US patent 11,760,963. This document is intended for public disclosure.

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Part 1: Derivative Disclosures Based on a Core D-1,3-Butanediol Beverage

The following disclosures expand upon the core concept of a beverage comprising at least 0.5% by volume of substantially pure D-1,3-butanediol as claimed in US 11,760,963.

1.1. Material & Component Substitution: Alternative Ketogenic Alcohols

• Enabling Description: A ketogenic beverage is formulated wherein the D-1,3-butanediol is partially or fully substituted with an alternative non-ethanol, metabolically active diol or triol. Specifically, (2R,4R)-pentanediol is used at a concentration range of 0.5% to 25% by volume. This diol is metabolized in the liver via beta-oxidation to yield ketone bodies. The formulation is stabilized in an aqueous solution buffered with a citrate-phosphate buffer to a pH of 4.5, enhancing shelf-stability and palatability. Additional flavorants and non-nutritive sweeteners, such as erythritol and monk fruit extract, are included to mask the inherent bitterness of the active ingredient.

• Diagram:

  graph TD
      subgraph Formulation Process
          A[Start: Deionized Water] --> B{Buffer Addition};
          B --> C[Mix until pH 4.5];
          C --> D{Add (2R,4R)-pentanediol};
          D --> E[Mix until dissolved];
          E --> F{Add Flavorants/Sweeteners};
          F --> G[Final Filtration];
          G --> H[Carbonation & Bottling];
      end
  

1.2. Material & Component Substitution: Self-Emulsifying Delivery System

• Enabling Description: A non-aqueous, self-emulsifying ketogenic beverage concentrate is disclosed. The formulation comprises 30-60% D-1,3-butanediol, 20-40% medium-chain triglyceride (MCT) oil (caprylic C8 and capric C10), and 10-20% a non-ionic surfactant system (e.g., Polysorbate 80, Sorbitan monooleate). When this concentrate is added to water or another aqueous beverage, it spontaneously forms a stable oil-in-water nanoemulsion (micelle diameter 50-200 nm), enhancing the bioavailability and absorption rate of both the D-1,3-butanediol and the MCTs. The concentrate can be packaged in single-serving vials for addition to other drinks.

• Diagram:

  sequenceDiagram
      participant User
      participant Concentrate
      participant Water
      participant Nanoemulsion
  
      User->>Water: Pours Water into glass
      User->>Concentrate: Adds Concentrate to Water
      Concentrate->>Water: Surfactants activate
      Water->>Nanoemulsion: Forms stable oil-in-water nanoemulsion
      Nanoemulsion-->>User: Ready for consumption
  

1.3. Operational Parameter Expansion: High-Concentration Supercritical CO2 Extraction

• Enabling Description: A process is disclosed for creating a hop-flavored D-1,3-butanediol concentrate. A base solution of 80% D-1,3-butanediol and 20% water is chilled to 2°C. This solution is used as a solvent in a supercritical CO2 extraction process targeting lupulin glands from cryogenically frozen hop cones (e.g., Citra or Mosaic varietals). The process is run at 60 °C and 100 bar pressure. This method selectively extracts hop oils and alpha acids directly into the ketogenic alcohol base without requiring ethanol, creating a potent, beer-like flavoring concentrate that can be diluted to a final beverage concentration of 1-10% by volume.

• Diagram:

  graph LR
      A[D-1,3-Butanediol/Water Solution] --> C{Chiller};
      B[Cryo-Hops] --> D{Extraction Chamber};
      E[Supercritical CO2] --> D;
      C --> D;
      D --> F{Separator};
      F --> G[Hop-Infused Concentrate];
      F --> H[Spent Hops];
      E --> F;
  

1.4. Cross-Domain Application: Aerospace Nutrient Solution

• Enabling Description: A ketogenic beverage for long-duration spaceflight is disclosed, optimized for microgravity stability and cognitive performance. The formulation consists of 10% D-1,3-butanediol, an electrolyte blend adjusted for spaceflight-induced fluid shifts (higher potassium, lower sodium), and a radiation-protective antioxidant package including astaxanthin and pterostilbene. The liquid is packaged in a zero-G collapsible pouch with a one-way valve. The D-1,3-butanediol serves as a non-glycemic energy source to maintain crew alertness during critical tasks while minimizing metabolic load and CO2 production from respiration. The formulation is verified to be stable against gamma radiation exposure up to 50 Gy.

• Diagram:

  classDiagram
      class AerospaceBeverage {
          +Double a_D_1_3_Butanediol_percent
          +ElectrolyteProfile m_Electrolytes
          +AntioxidantPackage m_Antioxidants
          +Packaging m_ZeroGPouch
          +verifyRadiationStability(dose)
          +calculateMetabolicLoad()
      }
      class ElectrolyteProfile {
          +Double potassium_mg
          +Double sodium_mg
          +Double magnesium_mg
      }
      class AntioxidantPackage {
          +Double astaxanthin_mcg
          +Double pterostilbene_mg
      }
      AerospaceBeverage *-- ElectrolyteProfile
      AerospaceBeverage *-- AntioxidantPackage
  

1.5. Cross-Domain Application: Agricultural Metabolic Supplement

• Enabling Description: A liquid feed supplement for ruminant livestock (e.g., cattle) designed to mitigate metabolic stress during transport or weaning. The supplement is a water-miscible solution containing 15% D-1,3-butanediol, propylene glycol (as a glucogenic precursor), and cobalt chloride (for Vitamin B12 synthesis). It is administered via the water supply. The D-1,3-butanediol provides a readily available energy source that bypasses traditional glucose pathways, reducing the risk of ketosis (in the pathological sense) and improving energy balance. This leads to reduced weight loss and improved immune function during periods of stress.

• Diagram:

  stateDiagram-v2
      [*] --> Healthy
      Healthy --> Stress_Event: Transport or Weaning
      Stress_Event --> NegativeEnergyBalance: Reduced Feed Intake
      NegativeEnergyBalance --> PathologicalKetosis: High Fat Mobilization
      NegativeEnergyBalance --> Supplementation: Administer D-1_3_BD
      Supplementation --> EnergyBalanceRestored: Exogenous Ketones
      EnergyBalanceRestored --> Healthy
      PathologicalKetosis --> [*]
  

1.6. Integration with Emerging Tech: AI-Driven Personalized Formulation

• Enabling Description: A system for creating personalized ketogenic beverages. A user provides real-time biomarker data via a wearable sensor (e.g., continuous glucose monitor, breath acetone meter). This data is fed into a cloud-based AI model trained on metabolic response data. The AI calculates an optimal D-1,3-butanediol concentration (from 1% to 15% by volume) and recommends co-administration of additives (e.g., sodium BHB for immediate effect, electrolytes for hydration). The formulation is then mixed on-demand by a countertop appliance that dispenses the components from separate cartridges.

• Diagram:

  sequenceDiagram
      participant Wearable
      participant UserApp
      participant AI_Cloud
      participant Dispenser
  
      loop Real-time Data
          Wearable->>UserApp: Stream Glucose/Ketone Data
      end
      UserApp->>AI_Cloud: Send Biomarker Data
      AI_Cloud->>AI_Cloud: Calculate Optimal Formulation
      AI_Cloud->>UserApp: Return Formulation Recipe
      UserApp->>Dispenser: Send Recipe via Bluetooth
      Dispenser->>Dispenser: Mix Ingredients from Cartridges
      Dispenser-->>UserApp: Notify "Beverage Ready"
  

1.7. The "Inverse" Mode: Rapid-Metabolism Formulation

• Enabling Description: A ketogenic beverage designed for rapid onset and clearance, intended for short-term mental focus (e.g., a 60-minute task). The beverage contains a low dose of D-1,3-butanediol (1-3% by volume) combined with metabolic accelerators. Specifically, it includes glucuronolactone and a B-vitamin complex (B3, B5, B6) which are co-factors in the hepatic alcohol dehydrogenase pathway responsible for metabolizing the diol. This formulation is designed to elevate blood ketones to a peak within 30 minutes and return to baseline within 90 minutes, avoiding sustained ketosis.

• Diagram:

  graph TD
      subgraph Metabolic Pathway
          A(Ingestion) --> B(D-1,3-Butanediol);
          C(B-Vitamins & Glucuronolactone) --> D{Hepatic Metabolism};
          B --> D;
          D -- Alcohol Dehydrogenase --> E(Beta-Hydroxybutyrate);
          E --> F(Rapid Peak Blood Ketones);
          F --> G(Fast Clearance);
      end
  

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Part 2: Derivative Disclosures Based on Combination Claims

These disclosures expand on claims requiring D-1,3-butanediol in combination with other ketogenic agents like BHB salts.

2.1. Material & Component Substitution: Organo-Metallic BHB Chelate

• Enabling Description: A beverage is formulated with D-1,3-butanediol (5-10% by volume) and a novel chelated form of D-beta-hydroxybutyrate. Instead of simple mineral salts, a D-BHB-creatine-magnesium chelate is synthesized. This molecule provides BHB, creatine, and magnesium in a single, highly bioavailable complex. The chelation improves solubility, reduces the total mineral load compared to standard salt mixtures, and provides the additional ergogenic benefits of creatine. This creates a synergistic effect for athletic performance applications.

• Diagram:

  classDiagram
    class Beverage {
      +Double D_1_3_butanediol_concentration
      +ComplexKetoneSource ketone_source
    }
    class BHB_Creatine_Mg_Chelate {
      -String chemicalStructure
      +Double BHB_payload_percent
      +Double creatine_payload_percent
      +Double magnesium_payload_percent
      +calculateMolarRatio()
    }
    Beverage "1" *-- "1" BHB_Creatine_Mg_Chelate : contains
  

2.2. Integration with Emerging Tech: Blockchain-Verified Purity

• Enabling Description: A system for ensuring the quality and isomeric purity of the ketogenic ingredients in the beverage. Each batch of raw D-1,3-butanediol and D-BHB salts is tested by a third-party lab using chiral chromatography. The results, including the enantiomeric excess (e.g., >99.5% D-isomer), are recorded as a transaction on a permissioned blockchain (e.g., Hyperledger Fabric). The final beverage product is labeled with a QR code. When scanned by a consumer, the QR code retrieves the immutable lab results from the blockchain, providing full transparency and verification of the product's composition and quality.

• Diagram:

  flowchart TD
      A[Raw Material Batch] --> B{3rd Party Lab Test};
      B -- Chiral Chromatography --> C[Certificate of Analysis];
      C --> D{Create Blockchain Transaction};
      D --> E[Record on Hyperledger Fabric];
      F[Beverage Production] --> G{Package & Label};
      E --> G;
      G --> H[Product with QR Code];
      I[Consumer] -- Scans QR Code --> J{Query Blockchain};
      J --> K[Display Purity Data];
      E --> J;
  

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Part 3: Combination Prior Art with Open-Source Standards

3.1. Combination with Open mHealth Data Standard

• Disclosure: A health and wellness platform is described that integrates consumption data from a "smart" ketogenic beverage bottle with other health metrics using the Open mHealth schema. The beverage bottle cap contains an NFC tag that records each opening event (timestamped). A mobile application reads the NFC data and logs a consumption event. This event is structured using the Open mHealth omh:physical_activity:kcal_burned and omh:body:blood_glucose schemas to correlate the timing of ketone consumption with its effect on blood glucose and energy expenditure as measured by a separate wearable. This allows for the creation of open-source datasets correlating exogenous ketone intake with metabolic outcomes.

3.2. Combination with OPC Unified Architecture (OPC-UA)

• Disclosure: A method for manufacturing the ketogenic beverage of US 11,760,963 in a continuous-flow process controlled by the OPC-UA open-source standard for industrial automation. Inline near-infrared (NIR) and Raman spectroscopy sensors continuously monitor the concentration of D-1,3-butanediol and dissolved minerals in the blending tank. These sensors act as OPC-UA servers, publishing data to an OPC-UA client running on the central control system. The control system adjusts the flow rates of ingredient pumps in real-time to maintain the final product composition within a 0.1% tolerance of the target specification, ensuring high batch-to-batch consistency.

3.3. Combination with the Fast Healthcare Interoperability Resources (FHIR) Standard

• Disclosure: A clinical nutrition protocol is described for administering a therapeutic ketogenic beverage in a hospital setting. The beverage, containing D-1,3-butanediol and D-BHB salts as per claim 17 of US 11,760,963, is prescribed by a physician. The prescription and administration details are managed using the FHIR standard. A MedicationRequest resource specifies the exact formulation and dosage schedule. Nurses record each administration event using a MedicationAdministration resource, which links to the patient's electronic health record (EHR). This enables interoperable tracking of the therapeutic intervention and its correlation with clinical outcomes documented in other FHIR resources, such as Observation for blood ketone levels.