US 12037567

A concise summary of U.S. Patent 12,037,567, including its title, assignee, inventors, key dates, abstract, and a plain-language overview of its independent claims, is provided below.

Summary of U.S. Patent 12,037,567

Title: Functional beverage containing 1,3 butanediol

Assignee: Based on the patent documentation, the assignee is Ketoneaid Inc.

Inventors:

• Frank Borges Llosa
• Stephen Zarpas

Filing Date: July 11, 2023

Issue Date: July 16, 2024

Abstract:
The patent describes a beverage containing specific chemical compounds, including D-ethyl 3-hydroxybutyrate and D-1,3-butanediol, at a concentration of at least 0.5% by volume. The concentration of these compounds can range from 5% to over 19%. The beverage's flavor can be enhanced with hops or other ingredients. The invention is aimed at providing a functional beverage that can help initiate or maintain a state of ketosis.

Plain-Language Overview of Independent Claims:

This patent has two independent claims, which outline the core inventions.

Independent Claim 1: This claim describes a method for increasing the level of ketone bodies in a person's blood. This is achieved by having the person drink a beverage that contains 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 other related compounds, such as D-ethyl 3-hydroxybutyrate and various forms of beta-hydroxybutyrate, as well as ethanol. The goal of this method is to raise the person's blood ketone levels above 0.5 mmol/L, which is a recognized threshold for being in a state of ketosis.

Independent Claim 11: This claim is very similar to the first, but instead of focusing on increasing ketone levels, it describes a method for maintaining them. A person who is already in a state of ketosis can drink the same type of beverage—containing at least 0.5% D-1,3-butanediol and optionally other related substances—to keep their blood ketone levels above the 0.5 mmol/L threshold. This allows them to sustain the metabolic state of ketosis.

Litigation Status:

As of April 26, 2026, a search of the dockets for the Court of Appeals for the Federal Circuit (CAFC) for cases specifically involving U.S. Patent 12,037,567 did not yield any results. This does not definitively rule out the possibility of litigation in other federal courts, but it indicates no appeals related to this patent have reached the CAFC. There is no authoritative information at this time to suggest the patent is involved in any legal disputes.

Based on a review of patent litigation databases as of today's date, May 5, 2026, there is no known litigation involving US patent 12,037,567.

A search was conducted on publicly available federal court dockets, including the Public Access to Court Electronic Records (PACER) system and specific databases for the Court of Appeals for the Federal Circuit (CAFC), for cases naming US patent 12,037,567. No records of complaints filed, ongoing cases, or appeals involving this patent were found.

It should be noted that the "Family has litigation" link provided in the patent's Google Patents entry (https://patents.google.com/patent/[US12037567](/patent/US12037567)/en) refers to litigation involving other patents within the same family, not necessarily US patent 12,037,567 itself. This distinction is critical, as litigation on a related patent does not automatically implicate every patent in the family. The current analysis is restricted to litigation specifically citing US patent 12,037,567.

Proceedings overview

The USPTO ODP API returns no AIA trial proceedings for this patent as of the most recent ingest. Therefore, there are no PTAB proceedings on file for US patent 12,037,567, indicating that the patent's claims remain untested by AIA trials.

Strategic summary

As of today's date, May 29, 2026, all claims of US patent 12,037,567 (claims 1-18) are UNTESTED in AIA trial proceedings. There have been no IPR, PGR, or CBM trials filed against this patent. This means there is currently no estoppel landscape to consider under 35 U.S.C. § 315(e)(2) for potential petitioners. The absence of PTAB activity suggests that either the patent has not yet been asserted aggressively enough to provoke a challenge, or potential challengers have not yet identified strong prior art grounds for an AIA trial.

Recommended next steps

Since no PTAB activity exists for US patent 12,037,567, a defendant facing assertion of this patent would have all prior-art grounds available for a potential IPR or PGR. The absence of PTAB challenges for a patent, especially one with a priority date of 2017-08-23, could suggest that it has not yet been widely asserted in litigation or that the existing prior art landscape (as discussed in the obviousness section) has not been leveraged in an AIA trial. A thorough prior art search would be a critical first step for any defendant considering a challenge.

Inventors

• Frank Borges Llosa: Employer at time of filing not explicitly stated, but rights assigned to Ketoneaid Inc.
• Stephen Zarpas: Employer at time of filing not explicitly stated, but rights assigned to Ketoneaid Inc.

Both inventors assigned their interest in the patent to Ketoneaid Inc., the original assignee, which is standard practice. There are no unusual patterns, such as inventors departing the original assignee shortly after filing, apparent from the provided data.

Original assignee

The entity named on the issued patent is Ketoneaid Inc.

Ketoneaid Inc. manufactures and sells exogenous ketone supplements, including beverages and esters, directly embodying the claims of US 12,037,567. Their primary line of business is the development and commercialization of ketone-based nutritional products for health, performance, and ketogenic diet support. As of today's date, Ketoneaid Inc. appears to be an active, operating company.

Assignment timeline

• 2016-04-21 (executed) / recorded 2023-11-09 — Reel 065511/0785
  • Conveyance: Assignment of Assignors Interest
  • Assignor: ZARPAS, STEVEN M.
  • Assignee: KETONEAID, INC.
  • Correspondent: Not available from provided data.
  • Context: Inventor assignment to company, likely covering future inventions in this patent family.
• 2023-07-09 (executed) / recorded 2023-11-09 — Reel 065511/0815
  • Conveyance: Assignment of Assignors Interest
  • Assignor: LLosa, Frank Borges
  • Assignee: KETONEAID, INC.
  • Correspondent: Not available from provided data.
  • Context: Inventor assignment to company, preceding the filing of this application.

Timeline diagram

timeline
    title Ownership of US 12037567
    2016 : Inventor Zarpas assigns to Ketoneaid
    2023 : Inventor Llosa assigns to Ketoneaid
         : Application filed by Ketoneaid
    2024 : Patent issued to Ketoneaid Inc

NPE / troll-pattern signals

1. Shell-entity transfer — Not present. The patent remains with Ketoneaid Inc., an operating company that sells products related to the claimed invention.
2. Known asserter in the chain — Not present. Ketoneaid Inc. is not listed as a known NPE.
3. Repeat correspondent across the chain — Unclear. Correspondent information for the recorded assignments is not available in the provided data.
4. Cascading transfers — Not present. There are no multiple consecutive transfers of the patent from Ketoneaid Inc. to other entities. The recorded assignments are from the inventors to the initial assignee.
5. Pre-litigation transfer — Not present. There is no identified litigation involving this patent.
6. Bankruptcy fire-sale — Not present. There is no information indicating Ketoneaid Inc. has filed for bankruptcy.
7. Privateering — Not present. No evidence suggests Ketoneaid Inc. has transferred the patent to an NPE for assertion against competitors on its behalf.
8. Defensive aggregator (anti-NPE) — Not present. The patent is held by an operating company, not a defensive aggregator.

Verdict

Insufficient data to definitively rule out future NPE activity, but the current pattern points toward Operating-company ownership.

The patent is currently assigned to Ketoneaid Inc., an operating company that manufactures and sells products embodying the patented technology. The only recorded assignments are standard transfers of inventor rights to the company (Reel 065511/0785 and 065511/0815). There are no recorded transfers from Ketoneaid Inc. to any other entity, nor any signals typically associated with NPE activity. Without correspondent information or a history of litigation, a definitive ruling on assertion strategy is not possible, but current ownership aligns with an operating company.
USPTO Assignment Center Search: https://assignmentcenter.uspto.gov/patents/12037567

Based on a technical analysis of the citations for US patent 12,037,567, the following prior art references are identified as most relevant for assessing the novelty of the patent's claims. The analysis focuses on the potential for these references to anticipate the claims under 35 U.S.C. § 102, which requires that a single prior art reference discloses every element of a claimed invention.

The independent claims of US patent 12,037,567 (claims 1 and 11) describe a method of increasing or maintaining ketone bodies in a subject's blood above 0.5 mmol/L. This is achieved by administering a beverage containing at least 0.5% by volume of D-1,3-butanediol with substantially no L-1,3-butanediol.

Key Prior Art References

Here are the most relevant prior art references cited during the patent's examination and an analysis of their potential impact on the claims.

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1. U.S. Patent Application Publication No. US 2014/0308719 A1

• Full Citation: US 2014/0308719 A1
• Title: Process for producing (r)-3-hydroxybutyl (r)-3-hydroxybutyrate
• Publication Date: October 16, 2014
• Assignee: Government Of The Usa, As Represented By The Secretary, Department Of Health And Human Services
• Brief Description: This patent application discloses a method for synthesizing the ketone ester (R)-3-hydroxybutyl (R)-3-hydroxybutyrate. The background section explicitly discusses the metabolic effects of this ester and its components. It states that upon oral ingestion, the ester breaks down into (R)-3-hydroxybutyrate and (R)-1,3-butanediol. It further teaches that the liver converts (R)-1,3-butanediol into (R)-3-hydroxybutyrate, which elevates blood levels of ketone bodies. Note that (R)-1,3-butanediol is chemically identical to D-1,3-butanediol.
• Potential Anticipation Analysis:
  • This reference clearly discloses that administering (R)-1,3-butanediol (the D-enantiomer) results in an increase in blood ketone levels. This teaches the core physiological mechanism underlying the claims of patent 12,037,567.
  • However, the primary focus of the document is on the synthesis of a ketone ester. It does not appear to explicitly describe a method of administering D-1,3-butanediol itself in a beverage at a concentration of at least 0.5% for the specific purpose of increasing or maintaining blood ketone levels above 0.5 mmol/L. While it discloses the effect, it does not lay out all the specific steps and parameters of the claimed method. Therefore, it is highly relevant art but may not fully anticipate the claims on its own. It would be a strong reference for an obviousness challenge under 35 U.S.C. § 103.

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2. U.S. Patent No. US 9,138,420 B2

• Full Citation: US 9,138,420 B2
• Title: Compositions and methods for producing elevated and sustained ketosis
• Issue Date: September 22, 2015
• Assignee: University Of South Florida
• Brief Description: This patent describes compositions that combine a medium-chain triglyceride (MCT) source with a ketone precursor to induce a state of "elevated and sustained ketosis." The document lists "1,3-butanediol" as one of several potential ketone precursors that can be used in these compositions. The goal is to rapidly raise and maintain blood ketone levels for therapeutic or performance benefits.
• Potential Anticipation Analysis:
  • This reference discloses a method for producing elevated ketosis using 1,3-butanediol. The term "elevated ketosis" is consistent with the target of over 0.5 mmol/L cited in patent 12,037,567.
  • A key distinction is that patent 12,037,567 claims the use of D-1,3-butanediol specifically (the non-racemic form). The '420 patent broadly discloses "1,3-butanediol" without specifying a particular enantiomer, which would typically be interpreted as the racemic mixture (containing both D and L forms). Since the claims of patent 12,037,567 are limited to the D-enantiomer with "substantially no" L-enantiomer, the '420 patent does not appear to anticipate this specific limitation.

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3. U.S. Patent No. US 6,207,856 B1

• Full Citation: US 6,207,856 B1
• Title: Therapeutic compositions
• Issue Date: March 27, 2001
• Assignee: Btg International Limited
• Brief Description: This patent discloses therapeutic compositions containing ketone bodies or their precursors. It specifically claims an ester of (R)-3-hydroxybutyric acid and an alcohol, explicitly naming (R)-1,3-butanediol as a suitable alcohol. The patent teaches that these compositions can be administered orally as a liquid or drink to elevate blood ketone levels.
• Potential Anticipation Analysis:
  • This reference is significant because it recognizes the utility of the specific (R)-enantiomer of 1,3-butanediol in a composition designed to raise ketone levels.
  • However, the claims and description are focused on the administration of a ketone ester (i.e., (R)-3-hydroxybutyrate bonded to (R)-1,3-butanediol), not the administration of D-1,3-butanediol itself. The claims of patent 12,037,567 are directed to a method of administering the alcohol D-1,3-butanediol directly, not as part of an ester compound. This chemical difference is a critical distinction that likely prevents the '856 patent from anticipating the claims of patent 12,037,567.

Obviousness Analysis of U.S. Patent 12,037,567

This analysis examines the patentability of the claims in U.S. Patent 12,037,567 ("the '567 patent") in light of prior art, under the criteria of 35 U.S.C. § 103, which prohibits the patenting of an invention if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art.

1. Understanding the Claims and the Person of Ordinary Skill in the Art

The independent claims of the '567 patent (Claims 1 and 11) are directed to a method of either increasing or maintaining ketone bodies in a subject by administering a beverage containing at least 0.5% by volume of D-1,3-butanediol, with no, or substantially no, L-1,3-butanediol. The claims also allow for the optional inclusion of other ketogenic compounds, such as D-ethyl 3-hydroxybutyrate, and beta-hydroxybutyrate salts, as well as ethanol. The stated goal is to achieve or maintain blood ketone levels above 0.5 mmol/L.

A person of ordinary skill in the art (POSA) for this invention would likely be a food scientist, a biochemist, or a beverage formulation chemist with experience in functional foods and beverages, particularly those related to nutritional supplements and metabolic health. This individual would have a solid understanding of ketogenic diets, ketone bodies, and their physiological effects.

2. Key Elements of the Claims for Obviousness Analysis

The core components of the invention, as defined by the independent claims, are:

• A method of increasing or maintaining ketone bodies.
• The use of a beverage as the delivery vehicle.
• The inclusion of D-1,3-butanediol as the primary active ingredient.
• A minimum concentration of 0.5% by volume of D-1,3-butanediol.
• The substantial exclusion of L-1,3-butanediol.
• The goal of achieving or maintaining blood ketone levels above 0.5 mmol/L.

3. Analysis of Prior Art and Motivation to Combine

Several prior art references, when considered in combination, suggest that the invention claimed in the '567 patent would have been obvious to a POSA.

• US Patent 9,138,420 (D'Agostino et al., "the '420 patent"): This patent, with a priority date of March 19, 2013, is highly relevant. It explicitly teaches compositions and methods for producing "elevated and sustained ketosis." The '420 patent discloses the use of various ketone precursors, including 1,3-butanediol, in oral compositions to elevate blood ketone levels. Although the '420 patent does not specify the D-isoform of 1,3-butanediol, the general concept of using this compound to induce ketosis is well-established in this reference.

• US Patent 6,207,856 (Veech, "the '856 patent"): With a priority date of March 17, 1997, this patent discloses therapeutic compositions containing ketone bodies and their precursors. The '856 patent teaches the use of these compounds for a variety of therapeutic purposes and discusses their metabolic effects. While it does not focus on a beverage for general functional use, it provides foundational knowledge about the physiological effects of ketone precursors.

• WO 2014/153416 (D'Agostino et al.): This international application, which is related to the '420 patent, further elaborates on compositions for producing ketosis. It discusses the use of ketone esters and other precursors in nutritional supplements. This reference reinforces the idea that various ketone precursors, including 1,3-butanediol, were known to be effective in raising blood ketone levels when consumed orally.

4. Argument for Obviousness

A strong argument for the obviousness of the '567 patent's claims can be constructed as follows:

Motivation to Combine: A POSA, aware of the growing interest in ketogenic diets for health and performance benefits, would have been motivated to develop a convenient, palatable, and effective way to induce or maintain ketosis. The '420 patent and its related publications clearly establish that 1,3-butanediol is an effective ketone precursor. The logical next step for a POSA would be to formulate this compound into a beverage, a common and consumer-friendly delivery format for functional ingredients.

Reasonable Expectation of Success: Given the disclosures in the prior art, a POSA would have had a reasonable expectation of success in creating a ketogenic beverage. The '420 patent demonstrates that oral consumption of 1,3-butanediol leads to a predictable increase in blood ketone levels. The challenge would then become one of formulation—ensuring palatability and stability—rather than one of inventive concept. The dependent claims of the '567 patent, which add flavoring agents and address carbohydrate content, are standard considerations in beverage formulation and do not represent a non-obvious step.

The D-Isomer Limitation: The '567 patent's claims are specific to the D-isomer of 1,3-butanediol. However, it was well-known in the art at the time of the invention that the D-isomer of many biologically active compounds is the more effective or metabolically preferred form. A POSA, seeking to optimize the ketogenic effect of a 1,3-butanediol beverage, would have been naturally led to investigate the properties of the individual isomers. The selection of the D-isomer would have been a routine step in product optimization, not an inventive leap.

Conclusion on Obviousness

The claims of US patent 12,037,567 appear to be vulnerable to an obviousness challenge under 35 U.S.C. § 103. The prior art, particularly the '420 patent, had already taught the core concept of using 1,3-butanediol as an oral supplement to induce ketosis. The subsequent steps of formulating this compound into a beverage and selecting the more biologically active D-isomer would have been obvious to a person of ordinary skill in the art seeking to create a consumer-friendly ketogenic product. The claimed invention, therefore, represents an obvious combination of known elements with a predictable outcome.

Patent Term and Family Analysis for US Patent 12,037,567

This analysis details the patent term adjustments, extensions, related applications, and projected expiration date for US Patent 12,037,567 ("the '567 patent"), based on information from the United States Patent and Trademark Office (USPTO) and public patent databases as of May 9, 2026.

Patent Term Adjustments (PTA) and Extensions (PTE)

A review of the prosecution history for the '567 patent did not indicate any grant of Patent Term Adjustment (PTA) or Patent Term Extension (PTE). The patent's term is therefore calculated based on the standard statutory term.

Continuation and Divisional Applications

The '567 patent is part of a larger family of applications and is itself a continuation of a prior application.

• Continuation Of: US Patent 12,037,567 is a continuation of U.S. Patent Application No. 16/168,703, which was filed on October 23, 2018, and issued as U.S. Patent 11,760,963.
• Continuation Applications from the '567 Patent: There is one known continuation application that claims priority to the '567 patent:
  • U.S. Patent Application No. 18/436,905, filed on February 8, 2024. This application is currently pending.

There are no divisional applications associated with US patent 12,037,567.

Patent Family Members

US Patent 12,037,567 belongs to a family of related patents and patent applications that share a common priority date of August 23, 2017, originating from a provisional application (US 62/548,969). The key members of this patent family include:

• U.S. Patent 11,760,963: The parent patent from which the '567 patent is a continuation. It is titled "Ketogenic beer and alcoholic beverage mixture containing non-racemic ethyl 3-hydroxybutyrate and/or 1,3 butanediol."
• U.S. Patent Application Publication No. 2024/0301332 A1: Published from pending application 18/436,905.
• U.S. Patent Application Publication No. 2025/0011695 A1: A pending application (No. 18/894,874) in the same family, titled "Beverage containing r-1,3-butanediol and d-beta-hydroxybutyric acid."
• U.S. Patent Application Publication No. 2025/0011696 A1: Another pending application (No. 18/894,890) in the family, titled "Beverage containing r-1,3-butanediol or r-1,3-butanediol and ethanol."

Projected Expiration Date

The term of a U.S. patent is generally 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed, excluding any provisional applications.

• Earliest Non-Provisional Filing Date: The parent application, U.S. Application No. 16/168,703, was filed on October 23, 2018.
• Standard Term Calculation: 20 years from October 23, 2018, results in a base expiration date of October 23, 2038.

As there are no Patent Term Adjustments or Extensions recorded for this patent, the projected expiration date remains the standard calculated date.

Projected Expiration Date for US 12,037,567: October 23, 2038

Defensive Disclosure and Prior Art Generation for US Patent 12,037,567

Document ID: DPD-20260509-001
Publication Date: May 9, 2026
Title: Derivative Formulations, Expanded Applications, and Integrated Systems for Ketogenic Beverages Containing D-1,3-Butanediol
Author: Senior Patent Strategist and Research Engineer, Defensive Publishing Division

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Introduction

This document discloses a series of derivative works, expanded applications, and systems integrations based on the core teachings of U.S. Patent 12,037,567. The purpose of this disclosure is to establish prior art and place into the public domain a comprehensive set of variations and foreseeable improvements related to beverages containing D-1,3-butanediol for the purpose of increasing or maintaining a state of ketosis. This disclosure is intended to render obvious any subsequent patent claims that represent incremental modifications of the concepts described herein.

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Section 1: Derivatives of Core Claims

The following disclosures are derivative variations of the methods claimed in US Patent 12,037,567, specifically the administration of a beverage containing at least 0.5% by volume of D-1,3-butanediol (with substantially no L-1,3-butanediol) to increase or maintain blood ketone levels above 0.5 mmol/L.

Axis 1: Material & Component Substitution

Derivative 1.1: Use of Bio-fermented D-1,3-Butanediol with Co-cultured Probiotics

• Enabling Description: A method for increasing ketone bodies by administering a beverage where the D-1,3-butanediol is produced via a genetically engineered yeast strain (e.g., Saccharomyces cerevisiae) optimized for the synthesis of the D-isomer. The fermentation broth, containing the D-1,3-butanediol, is not fully purified but is co-cultured with a specific probiotic strain (e.g., Lactobacillus rhamnosus GG) known to enhance gut barrier function. The final beverage contains at least 0.5% D-1,3-butanediol, live probiotic cultures, and residual prebiotics from the yeast cell walls, creating a symbiotic ketogenic functional beverage.
• Mermaid Diagram:

  graph TD
      A[Engineered Yeast Culture] -- Fermentation --> B(D-1,3-Butanediol Broth);
      C[Probiotic Culture: L. rhamnosus] -- Co-culturing --> B;
      B -- Minimal Filtration --> D{Symbiotic Ketogenic Beverage};
      D -- Administration --> E[Subject: Ketone Levels Increase];
  

Derivative 1.2: Encapsulated D-1,3-Butanediol with pH-Triggered Release

• Enabling Description: A method for maintaining ketone bodies using a beverage containing D-1,3-butanediol that has been micro-encapsulated in a pH-sensitive polymer, such as Eudragit® L 100-55. This polymer is stable in the acidic environment of the stomach but dissolves in the more neutral pH of the small intestine. This provides a delayed and sustained release of the D-1,3-butanediol, preventing a rapid spike in blood levels and prolonging the ketogenic effect, which is ideal for maintaining stable ketosis over several hours. The beverage is a suspension of these microcapsules in a flavored aqueous solution.
• Mermaid Diagram:

  sequenceDiagram
      participant Consumer
      participant Stomach (pH 1.5-3.5)
      participant Small_Intestine (pH 6.0-7.4)
      participant Bloodstream
      Consumer->>Stomach: Ingests Beverage
      Stomach->>Stomach: Microcapsules Remain Intact
      Stomach->>Small_Intestine: Transit of Beverage
      Small_Intestine->>Small_Intestine: Polymer Dissolves, Releases D-1,3-BD
      Small_Intestine->>Bloodstream: Absorption of D-1,3-BD
      Bloodstream->>Bloodstream: Ketone Levels Maintained
  

Derivative 1.3: D-1,3-Butanediol in an Oleogel Emulsion

• Enabling Description: A method for increasing ketone bodies where the D-1,3-butanediol is emulsified within an oleogel matrix, formed from a structuring agent like ethylcellulose in a medium-chain triglyceride (MCT) oil. This creates a creamy, high-fat beverage that provides both an exogenous ketone precursor (D-1,3-butanediol) and a direct ketogenic substrate (MCT oil). The emulsion is stabilized with a food-grade emulsifier like lecithin. This formulation enhances palatability and combines two distinct pathways for ketone production.
• Mermaid Diagram:

  classDiagram
    class OleogelBeverage {
      +MCT_Oil : float
      +Ethylcellulose : float
      +D_1_3_Butanediol : float
      +Lecithin : float
      +Water : float
      +Administer()
    }
    class D_1_3_Butanediol {
      <<Component>>
      +Concentration >= 0.5%
    }
    class MCT_Oil {
      <<Component>>
      +KetogenicSubstrate
    }
    OleogelBeverage "1" *-- "1" D_1_3_Butanediol : contains
    OleogelBeverage "1" *-- "1" MCT_Oil : contains
  

Axis 2: Operational Parameter Expansion

Derivative 2.1: Cryogenic Formulation for High-Altitude Performance

• Enabling Description: A method for maintaining ketosis in high-altitude environments. A highly concentrated beverage (>30% D-1,3-butanediol by volume) is formulated with cryoprotectants (e.g., glycerol) to remain liquid at sub-zero temperatures. This "cryo-keto" fluid is administered to subjects at altitudes above 14,000 feet, where metabolic demands are high and glucose utilization is less efficient. The high concentration allows for a low-volume dose to deliver a significant ketogenic stimulus, counteracting hypoxia-induced cognitive and physical decline.
• Mermaid Diagram:

  flowchart LR
      subgraph High-Altitude Environment [-10°C, >14,000 ft]
          A(Subject) -- Ingests --> B[Cryo-Keto Beverage];
      end
      B -- Contains --> C{D-1,3-BD > 30%};
      B -- Contains --> D[Glycerol Cryoprotectant];
      A -- Maintains --> E[Blood Ketones > 0.5 mmol/L];
      E -- Mitigates --> F[Hypoxia Effects];
  

Derivative 2.2: Nanoscale Emulsion for Rapid Transmucosal Absorption

• Enabling Description: A method for rapidly increasing ketone bodies via a nano-emulsion beverage. D-1,3-butanediol is formulated into oil-in-water nano-droplets with a mean diameter of less than 100 nm, using a high-pressure homogenizer and a surfactant like Tween 80. This formulation is designed for sublingual and buccal (transmucosal) absorption, bypassing first-pass metabolism in the liver. A small volume (5-10 mL) is held in the mouth, leading to a rapid onset of ketosis within minutes, suitable for emergency medical or military applications.
• Mermaid Diagram:

  stateDiagram-v2
      [*] --> Ingestion
      Ingestion --> Transmucosal_Absorption : Held in mouth
      Transmucosal_Absorption --> Rapid_Ketosis : Bypasses first-pass metabolism
      Rapid_Ketosis --> Metabolic_Effect
      Ingestion --> GI_Absorption : Swallowed
      GI_Absorption --> Slower_Ketosis
      Slower_Ketosis --> Metabolic_Effect
  

Axis 3: Cross-Domain Application

Derivative 3.1: Aerospace - Astronaut Countermeasure for Microgravity

• Enabling Description: A method to mitigate muscle and bone density loss in astronauts during long-duration spaceflight. The beverage, containing D-1,3-butanediol and fortified with calcium and vitamin D, is administered daily. The resulting state of mild, sustained ketosis provides an alternative energy source for muscle tissue, potentially reducing the catabolism of muscle proteins. The metabolic state may also influence signaling pathways related to bone remodeling, helping to counteract microgravity-induced osteopenia. The beverage is packaged in a zero-G compatible pouch.
• Mermaid Diagram:

  graph TD
      A[Astronaut in Microgravity] -- Daily Ingestion --> B(Fortified Ketogenic Beverage);
      B --> C{D-1,3-BD + Ca/Vit D};
      C --> D[Sustained Ketosis];
      D -- Provides --> E[Alternative Muscle Fuel];
      E -- Reduces --> F[Muscle Protein Catabolism];
      D -- Influences --> G[Bone Remodeling Pathways];
      G -- Reduces --> H[Bone Density Loss];
  

Derivative 3.2: AgTech - Livestock Feed Supplement for Ketosis Induction

• Enabling Description: A method to improve the metabolic health of dairy cattle during the transition period (pre- and post-calving) when they are susceptible to ketosis. An aqueous solution of D-1,3-butanediol (at least 0.5%) is incorporated into the total mixed ration (TMR) or administered as a drench. This preemptively increases blood ketone levels, providing a readily available energy source and reducing the severity of negative energy balance. This can lead to improved milk yield, better reproductive performance, and lower incidence of metabolic disorders.
• Mermaid Diagram:

  sequenceDiagram
      participant Farmer
      participant DairyCow
      participant Rumen
      participant Liver
      Farmer->>DairyCow: Administers D-1,3-BD Drench
      DairyCow->>Rumen: Drench enters digestive system
      Rumen->>Liver: D-1,3-BD absorbed
      Liver->>Liver: Converts D-1,3-BD to Ketones
      Liver-->>DairyCow: Increased Blood Ketones
      DairyCow-->>Farmer: Improved Metabolic Health
  

Derivative 3.3: Consumer Electronics - "Nootropic" Beverage for E-Sports Athletes

• Enabling Description: A method to enhance cognitive performance and reduce mental fatigue in competitive gamers. A "nootropic" functional beverage containing D-1,3-butanediol, caffeine, and L-theanine is consumed prior to and during gaming sessions. The brain's ability to utilize ketones for energy, especially during prolonged periods of high cognitive load, provides a more stable fuel source than glucose alone. This can improve reaction time, focus, and decision-making speed while the L-theanine mitigates the jitteriness from caffeine.
• Mermaid Diagram:

  flowchart
      A[Gamer Consumes Beverage] --> B{Ingredients: D-1,3-BD, Caffeine, L-Theanine};
      B --> C[Brain Utilizes Ketones & Glucose];
      C --> D[Stable Cognitive Fuel Supply];
      D --> E[Enhanced Focus & Reaction Time];
      B --> F[Caffeine Stimulates CNS];
      B --> G[L-Theanine Modulates Jitters];
      E & F & G --> H[Improved Gaming Performance];
  

Axis 4: Integration with Emerging Tech

Derivative 4.1: AI-Optimized Personalized Ketogenic Dosing

• Enabling Description: A system for maintaining precise ketosis levels. A subject wears a continuous ketone monitor (CKM) which transmits real-time data via IoT to a cloud-based AI platform. The AI algorithm processes this data along with inputs from a wearable (activity level, heart rate) and a diet-tracking app. The AI then calculates the precise dose of a D-1,3-butanediol beverage required to maintain the user's ketone levels within a target therapeutic window (e.g., 1.5-2.5 mmol/L) and sends a notification to the user's smartphone with the recommended dosage and timing.
• Mermaid Diagram:

  graph LR
      A[Wearable Sensor] -- Activity Data --> D{AI Platform};
      B[Continuous Ketone Monitor] -- Ketone Data --> D;
      C[Diet App] -- Meal Data --> D;
      D -- Analyzes & Predicts --> E[Optimal D-1,3-BD Dose];
      E -- Sends --> F[User Smartphone Notification];
      F -- Instructs --> G[User];
      G -- Consumes --> H(Keto Beverage);
      H -- Affects --> B;
  

Derivative 4.2: Blockchain-Verified Supply Chain for Clinical-Grade D-1,3-Butanediol

• Enabling Description: A method for ensuring the purity and isomer-specificity of D-1,3-butanediol used in medical-grade ketogenic beverages for treating conditions like epilepsy. Each batch of synthesized D-1,3-butanediol is tested for purity (e.g., >99.5% D-isomer, <0.1% L-isomer) using chiral chromatography. The results, batch number, and manufacturing location are immutably recorded on a private blockchain. A QR code on the final beverage product allows a clinician or patient to scan and verify the entire supply chain history and certificate of analysis for that specific batch, ensuring authenticity and safety.
• Mermaid Diagram:

  erDiagram
      MANUFACTURER ||--o{ BATCH : produces
      BATCH {
          string BatchID
          string PurityData
          string IsomerRatio
      }
      BATCH ||--|{ BLOCKCHAIN_TRANSACTION : is_recorded_in
      BLOCKCHAIN_TRANSACTION {
          string TransactionID
          string Timestamp
          string BatchID
      }
      PRODUCT ||--|| BATCH : contains
      PRODUCT {
          string ProductID
          string QRCode
      }
      CONSUMER {
          string Device
      }
      CONSUMER }o--|| PRODUCT : scans
  

Axis 5: The "Inverse" or Failure Mode

Derivative 5.1: Low-Power Mode - A "Keto-Priming" Beverage

• Enabling Description: A method to gently acclimate a user to a ketogenic state, designed to minimize the side effects of "keto flu." The beverage contains a sub-therapeutic concentration of D-1,3-butanediol (0.5% - 1.0%) combined with a precise blend of electrolytes (sodium, potassium, magnesium). This "keto-priming" beverage does not induce deep ketosis on its own but provides enough exogenous ketones to slightly reduce the brain's immediate demand for glucose while replenishing electrolytes lost during the initial diuretic phase of a ketogenic diet. It is designed to be consumed for the first 3-5 days of transitioning to a low-carbohydrate diet.
• Mermaid Diagram:

  graph TD
      A[User Starting Keto Diet] -- Consumes --> B(Keto-Priming Beverage);
      B --> C{Low-Dose D-1,3-BD (0.5-1.0%)};
      B --> D{Electrolyte Blend};
      C --> E[Mild Elevation of Ketones];
      E --> F[Reduces Brain Glucose Demand];
      D --> G[Replenishes Lost Electrolytes];
      F & G --> H[Mitigates 'Keto Flu' Symptoms];
  

Section 2: Combination Prior Art with Open-Source Standards

Combination 2.1: Integration with OpenAPS for Diabetic Ketosis Management

• Disclosure: A method combining the D-1,3-butanediol beverage with the Open Artificial Pancreas System (OpenAPS). For individuals with Type 1 Diabetes using a DIY hybrid closed-loop system, the beverage can be used as a therapeutic intervention to manage hyperglycemic events. When the OpenAPS algorithm predicts a sustained high blood glucose level that is slow to respond to insulin, the system could recommend a dose of the ketogenic beverage. The resulting ketones provide an alternative fuel source for the body's cells, reducing the immediate need for glucose and lowering the risk of glucotoxicity, while the system continues to titrate insulin. The D-1,3-butanediol consumption event would be logged as an input to the OpenAPS algorithm, allowing it to adjust its insulin delivery predictions.

Combination 2.2: Integration with the Quantified Self (QS) Data Framework

• Disclosure: A method where the consumption of the D-1,3-butanediol beverage is tracked and correlated with other life-log data using a Quantified Self framework. Users would log beverage intake (time, volume) via an open API. This data is integrated with other data streams such as sleep data (from Oura), activity data (from Strava), and cognitive performance data (from a Stroop test app). Open-source data analysis tools (e.g., Python with Pandas/SciPy libraries) are used to run correlation analyses to identify the objective impact of beverage-induced ketosis on various personal health and performance metrics, with the data and analysis methods shared within the QS community.

Combination 2.3: Use in Conjunction with Open-Source Bio-Reactor Designs

• Disclosure: A method for producing the D-1,3-butanediol beverage using open-source hardware and software for bioreactors. Following public schematics for building a small-scale, automated bioreactor (e.g., from Open-Bio-Reactors.org), a user cultivates a non-pathogenic, genetically modified E. coli strain (with its genetic modifications published under an open-source license) engineered to produce D-1,3-butanediol from a simple sugar feedstock. The entire process, from culturing to filtration and final beverage mixing, is managed by open-source control software, making small-batch, decentralized production of the core active ingredient feasible.