Prior art — US Patent 11760963

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.

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.

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.

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.

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.

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.