Food or edible material: processes – compositions – and products – Product with added vitamin or derivative thereof for...
Reexamination Certificate
2001-10-31
2004-12-28
Hendricks, Keith (Department: 1761)
Food or edible material: processes, compositions, and products
Product with added vitamin or derivative thereof for...
C426S073000, C426S074000, C426S477000, C426S580000, C426S588000, C426S590000
Reexamination Certificate
active
06835402
ABSTRACT:
FIELD OF THE INVENTION
This invention relates to fortified, carbonated milk-based or non-dairy based beverages for the supplementation of essential nutrients in the human diet. This invention further relates to a method for producing carbonated milk-based or non-dairy based beverages that suppresses the formation of bacterial cultures, and thereby extends product shelf life. The beverages are designed for consumption by individuals of all ages to provide supplemental amounts of essential vitamins, amino acids, minerals and trace nutrients in the everyday diet.
BACKGROUND OF THE INVENTION
It is now well known that good nutrition is essential to the process of bone physiology. Poor dietary habits will prevent normal bone development in childhood and early adulthood and can contribute to the softening of bones and teeth as well as the acceleration of bone loss with advancing age. Milk has long been recognized as an excellent nutritional source of essential minerals such as calcium and magnesium, high quality protein and vitamins such as D, A, B
2
, B
1
, B
6
and B
12
.
Proper levels of these elements are essential in the diets of children and adolescents for the development and maintenance of healthy teeth and bones and to enhance growth; in adults to improve the tone and elasticity of muscles and ligaments. Such elements also assist in and promote healthy pregnancies, enhance appetite, and in the elderly, help to prevent osteoporosis, colon cancer and heart disease.
A major nutritional problem exists in North America in that the annual consumption of milk per capita is fourth to beer, soft drinks and bottled water. Consumers reject milk for taste, fat content and in susceptible individuals, lactose intolerance. Recommended daily intake levels of vitamins, e.g., A, D, and the B group, as well as minerals, e.g., calcium, magnesium and potassium, cannot be supplemented by other commercial, non-dairy beverages due to unavailability. We know of no prior art that discloses any flavored, fortified, carbonated, milk-based or non-dairy beverages that provide enhanced supplementation of levels of essential vitamins, minerals and amino acids comparable to those available in fortified milk.
When compared to whole milk and carbonated soft drink beverages, the following results are obtained.
Per 354 ml.
MILK
COCA COLA
INVENTION
Calories (kilocalories)
232
162
130
Carbohydrates (g)
16
40
6
Fat (g)
12
0
0
Protein (g)
12
0
14
Cholesterol (mg)
49
0
4
Vitamin A (IU)
1000
0
1000
Vitamin D (IU)
100
0
100
Vitamin C (mg)
0.09
0
20
B1 (Thiamine) (mg)
0.17
0
0.15
B2 (Riboflavin) (mg)
0.17
0
0.15
B6 (Pyrodoxine) (mg)
0.87
0
0.11
B12 (Cobolamin) (mg)
1.34
0
1.21
Folic Acid (IU)
0
0
0.05
Sodium (mg)
122
14
126
Calcium (mg)
288
11
1000
Potassium (mg)
351
7.0
638
Phosphorus (mg)
227
750
290
Magnesium (mg)
24
4
132
Iron (mg)
0.0
0.18
0.10
Copper( mg)
0.0
0.10
0.0
Carbonation (vols)
0
4.0
3.0
The chart clearly illustrates how our novel beverage provides, at a minimum, the same nutritional benefit as milk with respect to vitamins, minerals and other beneficial substances naturally present in, or added as fortifications to milk. Moreover, the levels of some nutritive substances, e.g., calcium, in our beverage far exceeds the levels found in milk. Unless expressly stated otherwise, as used herein, all liquid components are measured in liters or fractions thereof and all solid components are measured in grams or fractions thereof.
U.S. Pat. No. 4,738,856 to Clark et al. discloses calcium, magnesium and potassium aspartate compositions as anti-hypertensive nutrition agents. Clark et al., provides that non-dairy nutritional beverages facilitate and control the transport of calcium ions into the human body while lowering blood pressure and lowering the probability or tendency of incurring colon cancer. Clark et al further discloses that beverages may provide nutritional supplementation of magnesium and/or potassium to the human diet, help reduce premenstrual tension in women, and increase cardiac tolerance in conditions of anoxia.
Clark et al. does not disclose a milk-based nutritional beverage which will provide not only large amounts of calcium, magnesium and/or potassium to the human diet, but also supplementation of essential vitamin A, vitamin D, B complex vitamins, vitamin C, vitamin K, phosphorus, iron and strontium. Clark et al., fails to disclose carbonation of a beverage to enhance the acceptance of the taste of B complex vitamins, minerals and iron in beverage preparations as well as enhance the mouth-feel of milk products to increase consumer appeal enjoyed by carbonated beverages.
U.S. Pat. No. 5,624,700 to Lyon et al. discloses a process to add carbon dioxide under low shear conditions to an already formed food to produce a semi-solid or solid carbonated food. Lyon et al. does not disclose the carbonation of a dry powder preparation of vitamins and minerals to produce an enhanced liquid dairy product for the supplementation of high levels of essential vitamins and minerals in human nutrition.
What is needed and what we have invented is an all natural, flavored, fortified, carbonated milk-based beverage that provides high dietary levels of essential vitamins, minerals and amino acids, and facilitates their absorption, which aids in the building of healthy bones and teeth and reduces the probability of developing osteoporosis. The inventive beverage also aids in the prevention of rickets in young people and the development of premenstrual tension (PMS) in women. Folic acid of the B-complex vitamins is supplemented by this invention to counter its deficiency in the typical human diet, which may cause megaloblastosis, weight loss, anemia, cardiac enlargement, congestive heart failure, and in pregnant women, development of a fetus with spina bifida. The beverage supplies a rapidly and highly absorbable source of calcium, magnesium and potassium to the human body without gastric upset and stomach bloating, and thus provides an ideal composition for consumption by humans who are “At Risk” of developing bone diseases such as osteoporosis or osteomalacia.
Another persistent problem with respect to milk-based beverages is the formation of bacteria such as coliform, an enteric variety. Pasteurization has been, until now, the standard method used to eliminate, or at least minimize the development of bacterial colonies so as to extend the useable shelf life of milk or milk-based products. Pasteurization, in its simplest form, involves the application of heat to a substance for a specified time to destroy potentially harmful microorganisms. Variations on the standard pasteurization method have been developed to further extend the shelf life of products such as milk. One such variation is known as HTST (high temperature short time) pasteurization that utilizes temperatures of from about 180° F. to about 195° F. and time periods from about 2 seconds to about 30 seconds. Exposure time is inversely proportional to the temperature used.
A second variation is VAT pasteurization that utilizes temperatures up to about 175° F. for a time period up to about 40 minutes. A yet further variation, UHT (ultra-high temperature) pasteurization, utilizes temperatures in excess of 225° F. for about 2 to about 5 seconds. UHT pasteurization is often used to extend the shelf life of chocolate flavored milk drinks from 14 days under refrigeration with standard heat pasteurization to up to 90 days under refrigeration, and is the method typically used when chocolate milk drinks are to be kept refrigerated on store shelves for over 21 days. Whether standard or UHT pasteurization is used, stabilizers and preservatives have to be added to provide a stable product. If vitamins and minerals are added to flavored milk drinks that are to be pasteurized, gel binders are also added to stabilize the flavors, colors and nutritive additions. Gel binders present additional problems. It is well known that various gel binders have a significant negative laxative effect on susceptible individuals, e.g., children and the elderly. A yet further reason why c
Clark George H.
Clark Mary Ann
Hendricks Keith
Lorusso Loud & Kelly LLP
Mac Farms Inc.
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