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.