LiveSmart 360 - Changing Laws of Physics?

[Doc Bunkum]

I read where Mark McCool of Cyberwize fame is launching a new mlm nutritional company - LiveSmart 360. (Google "Mark McCool" if you don't know anything about this guy.)

Anyways, it looks like LiveSmart 360 is coming out with some pretty amazing products.

Like their patent-pending, proprietary ingredient ZorbMax.

They claim ZorbMax will...

Dr. Shawn Mueller, an authoritative research scientist in the field of trace minerals and electrolytes partnered with LiveSmart 360 to create Zorbmax, a patent-pending technology that helps your body absorb up to three times the nutrients that would normally be wasted. That includes vitamins and minerals in food, supplements, and drink – anything you ingest.

Help your body absorb three times more nutrients than it normally would?

If you think about that, how is it possible to force the body to absorb more nutrients than it requires? Put another way, how much more water can you put in a pail that's already full of water?

Part of the answer might lie in a search of "Dr. Shawn Mueller".

I have discovered Dr. Shawn Mueller is a fraud and just about all claims he and others are making about this ‘technology’ and the underlying products are false to the point it rises to the level of Deceptive Trade Practices under the Florida Statues.

Also with the FDA oversight going on with “dietary supplements’ there is more than a good chance this company is in line for a “FDA Warning Letter” that would completely knock this ‘Zorbmax’ and it’s current packaging and delivery method off the market.

The Truth About LiveSmart 360 and Dr. Sean Mueller

This should get interesting as LiveSmart 360 and their distributors start spreading claims about their products on the internet!

[Arthur Rubin]

They claim ZorbMax will...

Dr. Shawn Mueller, an authoritative research scientist in the field of trace minerals and electrolytes partnered with LiveSmart 360 to create Zorbmax, a patent-pending technology that helps your body absorb up to three times the nutrients that would normally be wasted. That includes vitamins and minerals in food, supplements, and drink – anything you ingest.

Help your body absorb three times more nutrients than it normally would?

Please read closely, noting the emphasis I added. They may not have promised anything.

[Doc Bunkum]

What makes LiveSmart 360 products stand out from the rest? The patent-pending, proprietary ingredient ZorbMax! This sensational new technology boosts your body’s ability to absorb nutrients, and that means better, quicker results you can really feel.

“No one in the world has anything like it” Dr. Shawn D. Mueller declared as he spoke on stage during the May 15th launch meeting of LiveSmart.

One small problem.


IT'S A BIG LIE - THERE IS NO PATENT PENDING STATUS FOR THIS PRODUCT!

What is true, Dr. Shawn Mueller and another individual did file a patent application with the USPTO in 2005. What is also true is that this patent was repeatedly denied over the next few years and finally officially abandoned in 2008.

The full text of the patent with supporting documents may be viewed at:

http://www.freepatentsonline.com/20060251732.pdf

The denial information can also be viewed at: http://www.uspto.gov/.

Tricky to find if you don't know where to look, but filed patents that were never granted are found under the “PAIR” search for filed and published patents.

The number that must be used to locate this document is “20060251732”.

Status:
Abandoned -- Failure to Respond to an Office Action

Application Type:
Utility
Status Date:
02-14-2008

Examiner Name:
PAK, JOHN D

I know you are probably as shocked and surprised at these revelations as I was.

I mean, it's not every day you come across a network marketing company making deceptive claims to move product, or in this case, just outright fibbing.

[wserra]

Good find, Doc, with a couple of quibbles.

For anyone who wishes to verify the information from the USPTO, the number you gave is not the application number, but rather the publication number. The application number is 11/121443. I am looking at the application data here, although this link may well not work due to USPTO's use of captcha and temporary URLs.

Anyway, here's the transaction history:

Date Transaction Description
02-19-2008 Mail Abandonment for Failure to Respond to Office Action
02-14-2008 Aband. for Failure to Respond to O. A.
07-20-2007 Mail Non-Final Rejection
07-18-2007 Non-Final Rejection
05-11-2007 Date Forwarded to Examiner
05-03-2007 Response to Election / Restriction Filed
04-06-2007 Mail Restriction Requirement
04-02-2007 Requirement for Restriction / Election
08-05-2005 Information Disclosure Statement considered
03-28-2007 Correspondence Address Change
11-02-2005 IFW TSS Processing by Tech Center Complete
08-05-2005 Reference capture on IDS
11-02-2005 Case Docketed to Examiner in GAU
08-05-2005 Information Disclosure Statement (IDS) Filed
08-05-2005 Information Disclosure Statement (IDS) Filed
06-08-2005 Application Return from OIPE
06-09-2005 Application Is Now Complete
06-08-2005 Application Return TO OIPE
06-08-2005 Application Dispatched from OIPE
06-09-2005 Application Is Now Complete
06-01-2005 Cleared by OIPE CSR
05-30-2005 IFW Scan & PACR Auto Security Review
05-04-2005 Initial Exam Team nn

The rejection itself is here (see above note about USPTO URLs). This salient paragraph follows the technical details:

Therefore the claimed invention, as a whole, would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made, because every element of the invention and the claimed invention as a whole have been fairly disclosed or suggested by the teachings of the cited references.

IOW, Mueller was trying to patent old stuff.

That was over three years ago. Maybe Mueller and company are just behind in reading their mail. You're so cynical, Doc.

[Doc Bunkum]

Thanks.

You're much more familiar with finding documents in the patent office than I am.

Anyways, bottom line, Dr. Mueller’ Crystalloid Electrolyte Water is just some some mineralized distilled water that does nothing that suckers are paying $40 for.

Call me cynical.

I see also "Dr." Mueller is a Naturopathic doctor who holds a Ph.D in Naturopathy with degrees in Exercise Sceince, Psychology, Phlebotomy, and Neuromuscular Therapy.

In other words, not a "real" doctor.

[Doc Bunkum]

Dr. Shawn Mueller explains:

“An electromagnetic charge is critical to every process in the human body. The quality of these charges is linked to the health of cells. My patent-pending technology speeds absorption, enabling the body to take maximum advantage of the nutrients in food and supplements. The cell is where health begins and ends. That’s why the difference increased cellular energy makes in the body is so profound and powerful.”

(“An electromagnetic charge is critical to every process in the human body." - tell that to some guy sent to the electric chair.)

The USPTO explains:

The claimed invention, as a whole, would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made, because every element of the invention and the claimed invention as a whole have been fairly disclosed or suggested by the teachings of the cited references.