CROSS-REFERENCE TO RELATED APPLICATIONS

This patent application claims priority to U.S. Patent Application Serial No. 16/273,015 filed February 11 , 2019.

DESCRIPTION

TECHNICAL FIELD

The present invention relates generally to apparatuses, systems and methods for testing a person’s blood alcohol concentration level. In particular, the present invention relates to such apparatuses, systems and methods that are configured to test a person’s blood alcohol concentration level for the purposes of determining if he or she is over a specified amount, such as a legal limit or the like. Even more particularly, the present invention relates to such apparatuses, systems and methods which can be easily and quickly utilized by an individual so he or she can determine whether their or another person’s blood alcohol concentration level is at or above a predetermined level.

BACKGROUND ART

Many people enjoy consuming alcohol products, including beer, spirits, wine, mixed drinks, wine coolers and the like. As is well known, however, the over consumption of alcohol, and in some circumstances even the consumption of relatively small amounts of alcohol, has resulted in a wide variety of problems for society. For instance, one of the major causes of motor vehicle accidents, which can result in injuries and fatalities, is people who operate their motor vehicle while they are intoxicated, meaning that the alcohol the person consumed is having a negative effect on his or her ability to safely operate the motor vehicle. Driving while intoxicated, which is commonly referred to as drunk driving, is illegal in every jurisdiction. Despite this fact, people still get into their motor vehicle and drive or ride with other persons who are operating a motor vehicle while intoxicated. While the over-consumption of alcohol is generally considered to be at least somewhat unhealthy for nearly everyone, the consumption of alcohol by minors, whether the consumption is to the level of being intoxicated or not, is known to be particularly unhealthy and can cause a wide variety of mental and physiological problems. For purposes of describing the various aspects and benefits of the present invention, the terms“alcohol” and“alcohol products” are utilized herein to include beer, spirits, wine, mixed drinks, wine coolers and the like.

One of the primary causes of drunk driving is the fact that people commonly drink alcohol at a restaurant, bar, party or other location that, at least seemingly, requires him or her to drive their vehicle to get back to their home or they drink at their home and then drive to a different location without knowing they are intoxicated and, as such, should not be driving. Often a person may feel as if they have not had so much alcohol that they are intoxicated when in reality they are intoxicated. The consequences of driving while intoxicated can be severe, including deaths, injuries, damage to property, fines and time in jail or prison. In addition, many people who are convicted of driving while intoxicated may lose their job and/or other opportunities. From a legal standpoint, whether a person is intoxicated or not is often based on whether or not the level of alcohol in their blood system is at or above a specified level. If a person is pulled over and suspected of driving while intoxicated by the police, sheriff or other authorities, they will be given one or more sobriety tests to determine whether they are intoxicated or not. One of the most common methods of determining intoxication is to calculate the person’s blood alcohol concentration. If the person’s blood alcohol concentration is above a certain limit, they are deemed to be intoxicated and are usually arrested. Perhaps the most common level of blood alcohol concentration for presuming intoxication is 0.08, meaning that 0.08% of the person’s bloodstream is composed of alcohol. Higher levels of blood alcohol concentrations will cause increasingly more serious issues for the person, including vomiting, loss of balance and blackouts. For most people, a blood alcohol concentration of 0.45 will result in death.

Unfortunately, the consumption of alcohol often causes a person to be unable to realize how much alcohol he or she has consumed and how intoxicated he or she is becoming. Likewise, it is often very hard for friends of a person who may be drinking and for persons who will be passengers in a motor vehicle that will be operated by a person who is suspected of drinking to be able to know whether or not the person has consumed alcohol above the level where he or she would be

considered to be intoxicated. Part of the problem is that there may not be obvious outward indicators, such as slurred words, wobbly gait and the like, that a person is intoxicated. In addition, there are not easy to use, readily available (particularly of the type which can be easily carried) and accurate ways for a person to test their own or another person’s blood alcohol concentration level to see if it is above a level which is safe and/or legal. Many people would take action to not drive, such as calling a friend, cab or other vehicle ride service, to avoid driving his or her motor vehicle if the person knew he or she was above the level at which they would be considered to be intoxicated.

With regard to minors, one of the problems parents have is being able to determine whether their child has been drinking or not so the parent can, as may be desired or required, discipline the child to discourage future drinking. In addition, if a parent suspects their child has been drinking alcohol, the parent would like to be able to test the child so he or she can take action to prevent the child from driving a motor vehicle or taking other action, such as operating machinery and the like, that can be harmful to the child if the child has been drinking. From a legal standpoint, in most jurisdictions there is no“allowable” or“acceptable” (i.e., zero tolerance laws) level of blood alcohol concentration for minors that would permit a drinking minor to operate a motor vehicle. In other states, a minor is presumed to be intoxicated if his or her blood alcohol concentration is at or above 0.02%.

There are a wide variety of prior art testing apparatuses, systems and methods that allow a person to test the blood alcohol concentration of another person or to allow a person to test his or her own blood alcohol concentration. The most accurate test for blood alcohol concentration is to obtain a sam ple of the person’s blood and perform the appropriate tests on the sample. Naturally, this type of test is very intrusive, relatively expensive and not at all suitable for use by persons on themselves or on their minor child. Another common means for testing blood alcohol concentration is the type, such as those known as a Breathalyzer™, in which a person blows a breath into a device that calculates the blood alcohol concentration from the breath sample. Numerous patents and published patent applications describe prior art apparatuses, systems and method of determining a person’s blood alcohol concentration using the person’s breath. Some of these are configured to be utilized by the person at home or businesses for self-testing or testing another person, including a minor child. Examples of such devices are set forth in U.S. Patent No. 9,820,114 to Greenhut, et al., U.S. Patent No. 9,746,456 to Keays, U.S. Patent No. 8,590,363 to Burke, et al. and U.S. Patent No. 4,996,161 to Conners, et al.

Another method of determining a person’s blood alcohol concentration is to obtain a sample of saliva from the person and test that sample. It is generally widely known that a person’s saliva contains the same concentration of alcohol as in the person’s blood due to the fact that the ethyl alcohol is a component of the person’s blood which is in the salivary glands. In fact, using saliva to measure blood alcohol concentration is generally considered much more accurate than using the person’s breath. One prior art method of measuring the blood alcohol concentration utilizes alcohol-sensitive pads or strips that are made from paper which is saturated or coated with chemicals that change color according to the amount of alcohol in a person’s saliva. Examples of such testing devices are described in U.S. Patent No. 6,383,736 to Titmas and U.S. Patent No. 5,563,073 to Titmas. Commonly, the color change resulting from the exposure to the saliva is compared to a color chart to determine the persons blood alcohol concentration. U.S. Patent No. 10,004,456 to Mu describes an intelligent dental ornament device that has a cavity and a biochemical tester located in the cavity that are configured to determine the person’s blood alcohol concentration on a sample of his or her saliva. In one configuration, the result is sent electronically to an external device for collection and review. U.S. Patent No. 6,623,698 to Kuo describes a saliva-monitoring biosensor electrical toothbrush having a brush head with a test channel and a replaceable biosensor system within the test channel for performing routine saliva-based tests, including blood alcohol concentration. The brush head of this device stimulates saliva production and the biosensor system is configured to transmit data to an external source for review. Although the above- described prior art saliva-based devices are suitable for use by a person to measure their own or another person’s blood alcohol concentration, they are not necessarily very easy or convenient to have available and use and the results can be easily misinterpreted (when used with color-based charts). In addition, some of the prior art devices are relatively expensive to make and, as such, are not widely utilized.

What is needed, therefore, is an improved device and method of determining a person’s blood alcohol concentration from the person’s saliva. More specifically, what is needed is a new testing device and method that is configured to accurately determine if a person is at or above a predetermined blood alcohol concentration, such as at the level at which a person is presumed to be intoxicated. The new testing device should be easy to use so that it can be accurately utilized by persons who are not professional testers, including for self-testing and testing by parents and others. The new blood alcohol concentration testing device should be configured to be easy to store and carry so that it can be readily available for testing blood alcohol concentration in a wide variety of circumstances, such as when a person is at a restaurant, bar or other location where he or she will be consuming alcohol. In addition, a new blood alcohol concentration testing device and method should allow discrete, non-invasive testing so as to not discourage people from using the testing device and method. The new method of testing for blood alcohol concentration should also be configured so that a person can easily, quickly and accurately test another person to see if he or she has been drinking alcohol at all. Preferably, the new testing device should be relatively inexpensive to manufacture so it can be widely utilized. DISCLOSURE OF THE INVENTION

The present invention provides the benefits and solves the problems identified above. That is to say, the present invention is directed to a new device and method for determining a person’s blood alcohol concentration that is easy for self testing and for testing other persons, including minors. The present invention describes a blood alcohol concentration chewing gum that changes color when exposed to a person’s saliva to indicate the person’s blood alcohol concentration. The present invention also describes a method of using the new color changing chewing gum. The blood alcohol concentration chewing gum utilizes a person’s saliva to easily, quickly and discretely determine whether a person’s blood alcohol

concentration is above a particular level, such as the level at which a person is legally presumed to be intoxicated or whether a minor has consumed alcohol. Because the person only has to chew the new chewing gum in the same manner in which he or she normally chews gum, he or she can take or give the blood alcohol concentration test at any time and any location. In one use, the person can take action to avoid driving if chewing the new chewing gum shows that he or she is above the level at which one is presumed to be intoxicated. In another use, a parent or other person can punish a minor and/or take other action if chewing the new chewing gum indicates that the minor has consumed alcohol. In any use, the new chewing gum allows a person to discretely test himself or herself or another person to determine if they are above or below a predetermined blood alcohol concentration. In a preferred configuration of the present invention, the new chewing gum is relatively inexpensive to manufacture so that it can be widely available for use to determine a blood alcohol concentration.

In one embodiment of the present invention, the new blood alcohol concentration indicator gum generally comprises a chewing gum and one or more blood alcohol concentration indicator components mixed into, coated with and/or otherwise associated with the chewing gum. The chewing gum has a gum body that is selected to be chewed by the person. The chewing gum is in a pre-chewed condition prior to being chewed by the person and is placed in a chewed condition after being chewed by the person and mixed with the saliva from the person. The one or more blood alcohol concentration indicator components mix with saliva from the person when he or she chews the blood alcohol concentration chewing gum. The blood alcohol concentration indicator components are selected to produce a color change from a first color to at least a second color. In one em bodiment, the blood alcohol concentration indicator chewing gum has a first color when it is in the pre chewed condition prior to mixing with the saliva and when it is in the chewed condition but below a predetermined blood alcohol concentration limit. The second color is selected to indicate that the blood alcohol concentration of the person is above the predetermined blood alcohol concentration limit when the blood alcohol concentration indicator chewing gum is in the chewed condition. The second color can be utilized to indicate that the person is at or above the predetermined blood alcohol concentration limit, which can be the level at which the person is presumed to be intoxicated. In another embodiment, the blood alcohol concentration indicator components of the blood alcohol concentration indicator chewing gum are selected to produce a third color. In one configuration, the third color is selected to indicate that the blood alcohol concentration of the person is above the blood alcohol concentration indicated by the first color but below the blood alcohol concentration limit indicated by the second color. In another configuration, the first color is selected to indicate the person has not consumed any alcohol. In this configuration, the first color can be the same color as when the blood alcohol concentration indicator chewing gum is in its pre-chewed condition.

In another embodiment of the present invention, a method of using the new blood alcohol concentration indicator gum generally comprises the steps of: (a) obtaining a blood alcohol concentration indicator chewing gum comprising a chewing gum and one or more blood alcohol concentration indicating components associated with the chewing gum, with the blood alcohol concentration chewing gum configured as described above; (b) providing the blood alcohol concentration indicator chewing gum in the pre-chewed condition to the person; (c) chewing the blood alcohol concentration indicator chewing gum by the person to place the blood alcohol concentration indicator chewing gum in its chewed condition having the one or more blood alcohol concentration indicating components mixed with the saliva from the person; and (d) viewing the blood alcohol concentration indicator chewing gum to determine if the blood alcohol concentration indicator chewing gum is at the first color or at the second color to indicate if the blood alcohol concentration of the person is below or above the blood alcohol concentration limit, which may be the level at which the person is presumed to be intoxicated. As set forth above, the blood alcohol concentration indicator components of the blood alcohol concentration indicator chewing gum can be selected to produce a third color. In one configuration, the third color is selected to indicate that the blood alcohol concentration of the person is above the blood alcohol concentration indicated by the first color but below the blood alcohol concentration limit indicated by the second color. In another configuration, the first color is selected to indicate the person has not consumed any alcohol. In this configuration, the first color can be the same color as the when the blood alcohol concentration indicator chewing gum is in its pre-chewed condition.

Accordingly, the primary object of the present invention is to provide a new and improved device and method for indicating whether a person’s blood alcohol concentration is at or above a predetermined level that has the advantages set forth above and which overcomes the known disadvantages and limitations which are associated with presently available devices and methods of determining whether a person’s blood alcohol concentration is at or above a specified level.

It is an important object of the present invention to provide a new indicator device and method for determining whether a person’s blood alcohol concentration is at or above a specified level, such as the level at which he or she is presumed to be intoxicated, that is easy, discrete and accurate to use and which can be easily carried by a person so as to be readily available for testing.

An important aspect of the present invention is that it provides a new indicator device and method for determining whether a person’s blood alcohol concentration is at or above a specified level which accomplishes the objectives set forth above and elsewhere in the present disclosure.

Another important aspect of the present invention is that it provides a new blood alcohol indicator device and method which is configured as a piece of chewing gum that, after being chewed and mixing with the person’s saliva, will change to a specified color if the person’s blood alcohol concentration is at or above a predetermined level.

Another important aspect of the present invention is that it provides a new blood alcohol indicator device and method which is configured as a piece of chewing gum which generally comprises chewing gum having a gum body suitable for chewing and one or more blood alcohol indicating components that will change the color of the chewing gum if the person is at or above a predetermined blood alcohol concentration level.

Another important aspect of the present invention is that it provides a new blood alcohol indicator device and method which is configured as a piece of chewing gum which, in one configuration, will stay the same color after it has been chewed if the person’s blood alcohol concentration is below a predetermined level but will change to a different color if his or her blood alcohol concentration is at or above the predetermined level.

Another important aspect of the present invention is that it provides a new blood alcohol indicator device and method which is configured as a piece of chewing gum that can be made in virtually any size and shape suitable for chewing and which can be of virtually any color, flavor or design.

Another important aspect of the present invention is that it provides a new blood alcohol indicator device and method which is configured as a piece of chewing gum which is easy, discrete and accurate to use and which can be easily carried by a person so as to be readily available for testing himself or herself or another person, including minors and so-called designated drivers, to determine if the person is at or above a specific blood alcohol concentration level or even if the person has consumed any alcohol.

Yet another important aspect of the present invention is that it provides a new blood alcohol indicator device and method which is configured as a piece of chewing gum which, in a preferred configuration, is easy to use and relatively inexpensive to manufacture.

As will be explained in greater detail by reference to the attached figures and the description of the preferred embodiments which follow, the above and other objects and aspects are accomplished or provided by the present invention. As set forth herein and will be readily appreciated by persons who are skilled in the art, the present invention resides in the novel features of form, construction, mode of operation and combination of processes presently described and understood by the claims. The description of the invention which follows is presented for purposes of illustrating one or more of the preferred embodiments of the present invention and is not intended to be exhaustive or limiting of the invention. The scope of the invention is only limited by the claims which follow after the discussion.

BRIEF DESCRIPTION OF THE DRAWINGS

In the drawings which illustrate the preferred embodiments and the best modes presently contemplated for carrying out the present invention:

FIG. 1 is a top view of a stick of blood alcohol concentration indicator chewing gum configured according to a first embodiment of the present invention shown prior to testing (i.e. , in a pre-chewed condition);

FIG. 2 is a top view of the stick of chewing gum of FIG. 1 shown after testing (i.e., in a chewed condition), with the color of the chewed gum indicating that the person’s blood alcohol concentration is not above a predetermined level;

FIG. 3 is a top view of the stick of chewing gum of FIG. 1 shown after testing (i.e., in a chewed condition), with the color of the chewed gum indicating that the person’s blood alcohol concentration is above a predetermined level;

FIG. 4 is a flow chart showing a new method of using the blood alcohol indicator chewing gum of the present invention;

FIG. 5 is a top view of a stick of blood alcohol concentration indicator chewing gum configured according to a second embodiment of the present invention shown prior to testing (i.e., in a pre-chewed condition);

FIG. 6 is a top view of the stick of chewing gum of FIG. 5 shown after testing (i.e., in a chewed condition), with the color of the chewed gum indicating that the person’s blood alcohol concentration is not above a predetermined level;

FIG. 7 is a top view of the stick of chewing gum of FIG. 5 shown after testing (i.e., in a chewed condition), with the color of the chewed gum indicating that the person’s blood alcohol concentration is between the level shown in FIG. 6 but not above a predetermined level;

FIG. 8 is a top view of the stick of chewing gum of FIG. 5 shown after testing (i.e., in a chewed condition), with the color of the chewed gum indicating that the person’s blood alcohol concentration is above a predetermined level; and

FIG. 9 is a flow chart showing a new method of using the blood alcohol indicator chewing gum of the second embodiment of the present invention. MODES FOR CARRYING OUT THE INVENTION

AND INDUSTRIAL APPLICABILITY

With reference to the figures where like elements have been given like numerical designations to facilitate the reader’s understanding of the present invention, the preferred embodiments of the present invention are set forth below.

The enclosed figures are illustrative of several potential preferred embodiments and, therefore, are included to represent several different ways of configuring the present invention. Although specific components, materials, configurations and uses are illustrated, it should be understood that a number of variations to the components and to the configuration of those components described herein and shown in the accompanying figures can be made without changing the scope and function of the invention set forth herein. For instance, although the description and figures included herewith generally describe and show particular materials, shapes and configurations for the new chewing gum, persons who are skilled in the art will readily appreciate that the present invention is not so limited. In addition, the exemplary embodiments of the present device are shown and described with only those components which are required to disclose the present invention. Many of the necessary components for using the present invention are not shown in the drawings or necessarily described below, but which are well known to persons skilled in the relevant art. As will be readily appreciated by such persons, the various elements of the present invention that are described below may take on any form consistent with forms which are readily realized by one of ordinary skill in the art having knowledge of chewing gum. In addition the chewing gum of the present invention can be provided in a wide variety of different flavors, sizes, colors and/or configurations.

A blood alcohol concentration indicator gum that is configured pursuant to a preferred embodiment of the present invention is shown generally as 10 in FIGS. 1-9. A method of using the new chewing gum 10 is shown generally as 12 in FIGS. 4 and 9. As set forth above, the blood alcohol concentration indicator gum 10

(hereinafter, the“BAC gum”) of the present invention is utilized to allow a person 14 (i.e., the person whose blood alcohol concentration 16 is of interest) to easily, quickly and discretely determine if his or her, or another person’s, blood alcohol concentration 16 is at or above a pre-set or pre-determ ined blood alcohol limit (hereinafter, the BAC limit 18). The BAC gum 10 is configured generally as a prior art piece of chewing gum 20, having a gum body 22 comprising the typical ingredients which make up prior art chewing gum, and one or more blood alcohol concentration indicating components (hereinafter, the BAC indicating components 24) that are included to indicate whether the person 14 is at or above the BAC limit 18 so that the person 14, or another person, may take action which is appropriate if the subject person 14 is at or above the BAC limit 18, such as seeking an alternative to driving a motor vehicle or punishing a minor who has been drinking.

For purposes of describing the BAC gum 10 of the present invention, the chewing gum 20 has a gum body 22 that can contain the ingredients and be manufactured in the manner which is utilized for prior art chewing gum, including the various flavoring and coloring additives that are provided to make the chewing gum look and taste appealing. As well known in the art, the chewing gum 20 is a generally soft, cohesive substance that is configured to be chewed by a person without being swallowed by him or her. As with most modern chewing gums, the chewing gum 20 for use with the BAC gum 10 comprises, as necessary or desired, gum base, sweeteners, softeners/plasticizers, flavors, colors, and, typically, a hard or powdered polyol coating. The texture of chewing gum 20 is typically intended to be somewhat reminiscent of rubber or other natural plant materials, from which modern chewing gum derived, because of the physical and chemical properties of the gum’s polymer, plasticizer and resin components, all of which contribute to the desired elastic-plastic, sticky, chewy characteristics of the chewing gum 20. The flavoring additives are utilized to give the chewing gum 20 a desired taste, whether the taste be fruity, mint, spearmint, peppermint or any of a wide range of different flavors for prior art chewing gum. The coloring additives may result in the chewing gum 20 having one or more colors in a solid or pattern format (i.e., stripes or the like), some of which are intended to distinguish one brand or type of gum from another. The gum base of the chewing gum 20 comprises one or more polymers, plasticizers, and resins. The polymers, including elastomers and the like, are responsible for the stretchy and sticky nature of prior art chewing gum. Plasticizers are utilized to improve flexibility and reduce brittleness, contributing to the plastic and elastic nature of prior art chewing gum. The resins compose the hydrophobic portion of the gum base, responsible for its chewiness. As set forth above, the chewing gum 20 component of the BAC gum 10 of the present invention will typically include any of the ingredients utilized, commonly or not, in prior art chewing gum (including some“unusual” flavors and colors). In addition, the chewing gum 10 of the new BAC gum 10 can include one or more medicine and medicinal components, including the THC and/or CBD components of marijuana and related plants. The BAC gum 10 can utilize the chewing gum 20 in any configuration, including the various prior art configurations of chewing gum. In the embodiment shown in the figures, the BAC gum 10 is provided as a“stick” of chewing gum. Persons who are skilled in the relevant art will readily appreciate that the BAC gum 10 of the present invention can be provided in a wide variety of different shapes and sizes.

As set forth above, the new BAC gum 10 has one or more BAC indicating components 24 that are integrally incorporated in, applied to, coated on and/or otherwise associated with the chewing gum 20 to effectively indicate if a person’s blood alcohol concentration 16 is at or above the BAC limit 18 by mixing with a person’s saliva 26 when the person 14 chews the BAC gum 10. As set forth above, the prior art discloses and describes a variety of different types of BAC indicating components 24 that are mixed with saliva 26 to indicate a blood alcohol concentration 16. Some of the chemicals, compounds and mixtures that are set forth or otherwise described in these saliva-based blood alcohol concentration devices can be

incorporated into the new BAC gum 10 of the present invention. As such, the disclosure of these prior art saliva-based devices and methods (namely, U.S. Patent No. 6,383,736 to Titmas, U.S. Patent No. 5,563,073 to Titmas, U.S. Patent No.

10,004,456 to Mu and U.S. Patent No. 6,623,698 to Kuo) are hereby incorporated by reference herein by the present reference thereto as though the disclosure of the subject prior art is fully set forth herein. In a first embodiment, the BAC indicating components 24 are selected to provide a single color change, shown as 28, that takes affect if the saliva 26 of the person 14 being tested has a blood alcohol concentration 16 which is greater than the BAC limit 18 and to not take place if the person has a blood alcohol concentration that is below the BAC limit 18, as shown with regard to FIGS. 1-3. In this embodiment, FIG. 1 shows the BAC gum 10 prior to it being chewed (a pre-chewed condition 30), whereas FIGS. 2 and 3 show the BAC gum 10 after it has been chewed (a chewed condition 32). As will be readily appreciated by persons who are skilled in the art, the BAC indicating components 24 must be of the type which are suitable for use with humans, meaning the chemicals utilized for the BAC indicating components will not sicken or kill the person 14 chewing the BAC gum 10

An example of such color changing components is described in U.S. Patent No. 5,032,506 to Palmer, et al., the disclosure of which is incorporated by reference herein by the present reference thereto as though the disclosure of which is fully set forth herein. This patent describes a color control system that is useful for determining the existence of a substrate of an enzyme, such as those associated with alcohol, upon reaction with the consumption or other action that produces saliva 26. The color change system includes a diophorase which causes a visible change of color that is indicative of the concentration of the enzyme sought to be determined. The present invention incorporates this color control system, or one or more other similarly configured color control systems, into the chewing gum 20 component of the new BAC gum 10 to allow the user, which may be the person 14 being tested or another person (i.e., a parent), to know if the person 14 chewing the BAC gum 10 is at or above the BAC limit 16. The BAC indicating components 24 are selected to cause a color change 28 if the BAC limit 18 is reached or exceeded. In one configuration, the BAC indicating components 24 are used to cause the color change 28 at a BAC limit 18 that is selected to correspond with the presumed intoxication limit for driving (i.e., 0.08% in most states). In another configuration, the BAC indicating components 24 are selected so as to cause the color change 28 to take place at a much lower BAC limit 18, such as 0.01 or 0.02, to indicate if the person 14, such as a minor, has consumed any alcohol. In one embodiment, if the person’s blood alcohol

concentration 16 is below the BAC limit 18, the subject color change 28 will not take place (i.e., as shown in comparing FIG. 2 to FIG. 1 ). To accomplish the desired objectives of the present invention, the BAC gum 10 will have at least two relevant colors, shown as first or below limit color 34 and second or above limit color 36 (which colors are shown lighter to darker gray in the drawings), and will be capable of at least one color change 28. In the embodiment shown in FIGS. 1-4, the BAC gum 10 has the same first color 34 for the BAC gum 10 in the chewed condition 32 as it was in the pre-chewed condition 30 if the person’s blood alcohol concentration 16, measured by the person’s saliva 26, is below the pre-set BAC limit 18 and it has the second color 36 for the BAC gum 10 in the chewed condition 32 if his or her blood alcohol concentration 16 is at or above the predetermined BAC limit 18, as illustrated in FIGS. 1-3 and described with regard to the method 12 set forth in FIG. 4.

In other embodiments, BAC gum 10 can have at least three relevant colors, as shown in the second embodiment of FIGS. 5-8 and described in the method 12 of FIG. 9. In this embodiment, the BAC gum 10 has an original color for the chewing gum 20 when the BAC gum 10 is in a pre-chewed condition 30 (shown in FIG. 5), a first color 34 for the chewing gum 20 in the chewed condition 32 if the blood alcohol concentration 16 of the person 14 is below the BAC limit 18 (shown in FIG. 6), a second color 36 in the chewed condition 32 if the blood alcohol concentration 16 of the person 14 is above the BAC limit 18 (shown in FIG. 8) and a third or intermediate color 38 if the person’s blood alcohol concentration 16 is somewhere between that which is indicated by the first color 34 and the second color 36 (shown in FIG. 7). The third color 38 indicates alcohol consumption by the person 14 chewing the BAC gum 10 even though his or her blood alcohol concentration 16 is not high enough that it is above a level which he or she would be considered to be intoxicated, which is shown by the second color 36. With only two colors, namely the first color 32 and second color 34, chewing the BAC gum 10 only indicates the person’s blood alcohol concentration 16 is at or above the BAC limit (which can be selected to be 0.02, 0.08 or whatever is desired), or not. As such, the third color 38 of this embodiment may be particularly to determine if a person who should not be drinking, such as a minor or a person who is restricted from drinking (such as a person convicted of some type of abuse crime, particularly while drinking), has in fact consumed alcohol due to the fact there will be some color change 28 even at the lower level selected for the third color 38. In some configurations, it may also be possible for the BAC gum 10 to have more than just two or three colors so the BAC gum 10 can be utilized to indicate various levels of blood alcohol concentration 16 depending on the color of the BAC gum 10 in the chewed condition 32. For instance, the BAC gum 10 can have a color change 28 that indicates levels such as 0.01 , 0.02, 0.08 and 0.10, which appear to be the most common presumed intoxication levels for minors and adults.

In use, the person 14 obtains or is given a piece of BAC gum 10 and then chews it as he or she would normally chew the prior art chewing gum, which will stimulate product of saliva 26 by the person 14. As the person chews on the gum body 22 of the chewing gum 20 component of the BAC gum 10, moving the BAC gum 10 from its pre-chewed condition 30 to its chewed condition 32 (as shown with regard to FIG. 1 and FIGS. 2-3 and with a regard to FIG. 5 and FIGS. 6-8), his or her saliva 26 will mix with and activate the BAC indicating components 24 of the BAC gum 10 to cause the color change 28. If the person’s blood alcohol concentration 16, as measured through his or her saliva 26, is below the pre-set BAC limit 18, then the chewing gum 20 of the BAC gum 10 will have the first color 34 in the chewed condition 32, as shown in FIGS. 2 and 6, which color may be the same color as or a different color than the original color of the BAC gum 10 in the pre-chewed condition 30. If the person’s blood alcohol concentration 16 is above the pre-set BAC limit 18, then the chewing gum 20 of the BAC gum 10 will have the second color 36 in the chewed condition 32, as shown in FIGS. 3 and 8, which will allow the person 14 or another person to take the appropriate action. In the em bodiment of the BAC gum 10 of FIGS. 5-9, chewing on the BAC gum 10 may cause a color change 28 to a third color 38, which is utilized in this embodiment to indicate that the person 14 has a blood alcohol content 16 somewhere between none, in which the BAC gum 10 remains in its first color 34, and the BAC limit 18, which is indicated by the second color 36.

In other embodiments of the present invention, the various features and aspects of the new BAC gum 10 can be incorporated into a wide variety of other products, including food, mints and straws, such that the normal use of these products will produce a color change 28 that easily, quicky and accurately indicates whether a person 14 has a blood alcohol concentration 16 at or above a BAC limit 18.

Preferably, any such products will allow discrete testing of the person 14 and will be easy to carry so as to be readily available for such testing.

While there are shown and described herein specific forms of the invention, it will be readily apparent to those skilled in the art that the invention is not so limited, but is susceptible to various modifications and rearrangements in design and materials without departing from the spirit and scope of the invention. In particular, it should be noted that the present invention is subject to modification with regard to any dimensional relationships set forth herein and modifications in assembly, materials, size, shape and use. For instance, there may be numerous components of the embodiments described herein that can be readily replaced with equivalent functioning components to accomplish the objectives and obtain the desired aspects of the present invention. The various embodiments set forth herein are intended to explain the best mode of making and using the present invention as currently known to and appreciated by the present inventor(s) and to enable other persons who are skilled in the relevant art to make and utilize the present invention. Although, the described embodiments may comprise different features, not all of these features are required in all embodiments of the present invention. More specifically, as will be readily appreciated by persons who are skilled in the art, certain

embodiments of the present invention only utilize some of the features and/or combinations of features disclosed herein.