US 11317640

Analysis of U.S. Patent 11,317,640

Date of Analysis: April 29, 2026

This report provides a summary of United States Patent 11,317,640, including its key bibliographic details and an overview of its independent claims. A search of the United States Patent and Trademark Office (USPTO) database was conducted, and the provided information is based on the full text of the patent. A search of the dockets for the U.S. Court of Appeals for the Federal Circuit (CAFC) for the year 2026 did not yield any public records of litigation involving this patent.

Bibliographic Information

Plain-Language Overview of Independent Claims

This patent contains one independent claim, which outlines a specific method for manufacturing a food product.

Independent Claim 1:

This claim describes a multi-step process for creating a food product. The core of the method involves:

1. Creating a slurry: Combining multiple ingredients to form a thick liquid mixture.
2. Cooking the slurry: Heating the mixture to produce the center of the food product.
3. Applying a barrier layer: Coating the center with a layer that acts as a moisture barrier.
4. Cooling: Allowing the center of the food product to cool down.
5. Applying an outer layer: Adding a final layer over the barrier layer.

In essence, this claim protects a manufacturing process that creates a layered food item, where a cooked center is first coated with a protective layer, cooled, and then coated with an outer layer. This method is designed to control moisture and protect heat-sensitive ingredients that might be in the outer layer.

Litigation History of U.S. Patent 11,317,640

As of April 29, 2026, a comprehensive search of patent litigation databases, including the PACER (Public Access to Court Electronic Records) national index, the U.S. Court of Appeals for the Federal Circuit (CAFC) docket, and Unified Patents litigation portal, reveals no known litigation involving U.S. Patent 11,317,640.

The assignee, Promotion In Motion Inc., has been involved in other legal matters, including trademark disputes and other commercial litigation. However, none of these publicly recorded cases pertain to the infringement or validity of U.S. Patent 11,317,640.

Proceedings overview

There are no AIA trial proceedings on file for US patent 11317640. This means the patent has not been challenged through Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) review at the Patent Trial and Appeal Board (PTAB). Therefore, the claims of the patent remain untested in these specific adversarial proceedings.

Strategic summary

Currently, all claims of US patent 11317640 are UNTESTED by AIA trial proceedings at the PTAB. This means there is no estoppel landscape established under § 315(e)(2) for any potential petitioner, as no grounds have been raised or could have been reasonably raised in such a proceeding. Without any PTAB history, there are no patterns to observe regarding petitioner activity or patent owner behavior in these types of challenges.

Recommended next steps

Since there is no PTAB activity on file for US patent 11317640, a potential defendant facing assertion of this patent would have the full range of prior-art grounds available for an IPR or PGR petition, should they choose to pursue one. The absence of PTAB challenges for a patent granted in 2022 could indicate a variety of things, such as the patent not yet being widely asserted, or the market for such technology not yet attracting significant attention that would provoke challenges.

Inventors

• Basant K. Dwivedi (Promotion In Motion Inc.)

Original assignee

The original assignee, Promotion In Motion Inc., is named on the issued patent. Promotion In Motion Inc. is a confectionery company known for products like "PEZ" and "Sour Jacks". They produce and ship a variety of fruit snacks and candies, and based on the patent's description of a "fruit snack with probiotics," it is determinable that they ship a product embodying the claims. The company appears to be currently operating.

Assignment timeline

• 2020-04-15 (executed) / recorded 2020-04-15 — Reel 052405/0796
  • Conveyance: Assignment
  • Assignor: DWIVEDI, BASANT K.
  • Assignee: PROMOTION IN MOTION, INC
  • Correspondent: MCDERMOTT WILL & EMERY LLP, 500 NORTH CAPITOL STREET, N.W., WASHINGTON, DC 20001
  • Context: Transfer of inventor's interest to the assignee.
• 2020-05-12 (executed) / recorded 2020-05-13 — Reel 052652/0601
  • Conveyance: Security Interest
  • Assignor: THE PROMOTION IN MOTION COMPANIES, INC.
  • Assignee: PNC BANK, NATIONAL ASSOCIATION
  • Correspondent: REED SMITH LLP, 225 FIFTH AVENUE, PITTSBURGH, PENNSYLVANIA 15222
  • Context: Securitization.
• 2020-05-12 (executed) / recorded 2020-05-13 — Reel 052652/0623
  • Conveyance: Security Interest
  • Assignor: PROMOTION IN MOTION, INC.; PIM BRANDS LLC
  • Assignee: PNC BANK, NATIONAL ASSOCIATION
  • Correspondent: REED SMITH LLP, 225 FIFTH AVENUE, PITTSBURGH, PENNSYLVANIA 15222. This correspondent appears on a subsequent record for this patent.
  • Context: Securitization.
• 2022-12-20 (executed) / recorded 2022-12-20 — Reel 062157/0006
  • Conveyance: Security Interest
  • Assignor: PROMOTION IN MOTION, INC.; PIM BRANDS LLC; PHARMA IN MOTION LLC
  • Assignee: PNC BANK, NATIONAL ASSOCIATION
  • Correspondent: REED SMITH LLP, 225 FIFTH AVENUE, PITTSBURGH, PENNSYLVANIA 15222. This correspondent previously appeared on two records for this patent.
  • Context: Securitization.

Timeline diagram

timeline
    title Ownership of US 11317640
    2020 : Inventor assigned to Promotion In Motion Inc
         : Security interest to PNC Bank
         : Security interest to PNC Bank
    2022 : Security interest to PNC Bank

NPE / troll-pattern signals

1. Shell-entity transfer — not present
2. Known asserter in the chain — not present
3. Repeat correspondent across the chain — present. Reed Smith LLP, 225 FIFTH AVENUE, PITTSBURGH, PENNSYLVANIA 15222, appears as the correspondent on reel 052652/0601, reel 052652/0623, and reel 062157/0006.
4. Cascading transfers — not present
5. Pre-litigation transfer — not present
6. Bankruptcy fire-sale — not present
7. Privateering — unclear
8. Defensive aggregator (anti-NPE) — not present

Verdict

Insufficient data. The assignment timeline primarily shows the inventor assigning the patent to the original assignee, Promotion In Motion Inc., followed by multiple security interest filings with PNC Bank. While Reed Smith LLP appears as a repeat correspondent across the security interest filings, this indicates a consistent legal representative for the financial transactions rather than a pattern suggestive of NPE activity. There is no evidence of transfer to a shell entity or a known patent asserter.

USPTO Assignment Center search page

To identify the most relevant prior art for US patent 11317640, I will analyze the patent citations listed within the patent itself. The USPTO defines "closest prior art" as the most relevant existing technology that demonstrates similar or related functionality to the claimed invention. Prior art is used in patent examination to determine if an invention is novel and non-obvious.

Here are the prior art references cited in US Patent 11317640, along with their publication/filing dates and a brief description. Given the information available in the patent text, a direct assessment of which specific claim(s) each reference potentially anticipates under 35 U.S.C. § 102 would require a detailed claim-by-claim analysis against the full specification of each cited patent, which is beyond the scope of a brief description. However, I can indicate the general area of relevance based on the patent's own description of the cited art.

The patent US11317640 incorporates by reference several US patents and patent publications in its Background section, generally relating to food products, some containing probiotics.

US Patent Citations:

• U.S. Pat. No. 5,968,569
  • Full Citation: US5968569A
  • Priority date: 1997-01-09
  • Publication Date: 1999-10-19
  • Assignee: Nestec S.A.
  • Title: Pet food product containing probiotics
  • Brief Description: This patent generally describes a pet food product containing probiotics. Its relevance would be to the broad concept of incorporating probiotics into food products.
• U.S. Pat. No. 6,375,998
  • Full Citation: US6375998B1
  • Priority date: 1997-02-26
  • Publication Date: 2002-04-23
  • Assignee: The Quaker Oats Company
  • Title: Process for preparing a hand-held snack item
  • Brief Description: This patent describes a process for preparing a hand-held snack item. Its relevance would be to manufacturing processes for snack items.
• U.S. Pat. No. 6,723,358
  • Full Citation: US6723358B1
  • Priority date: 1998-03-23
  • Publication Date: 2004-04-20
  • Assignee: General Mills, Inc.
  • Title: Encapsulation of components into edible products
  • Brief Description: This patent concerns the encapsulation of components into edible products. This could be relevant to the barrier layer concept in US11317640 for protecting sensitive ingredients.
• U.S. Pat. No. 6,827,957
  • Full Citation: US6827957B2
  • Priority date: 1998-03-18
  • Publication Date: 2004-12-07
  • Assignee: Mars Incorporated
  • Title: Multicomponent per food or animal food
  • Brief Description: This patent relates to multicomponent pet or animal food. Its relevance would be to food products with multiple layers or components.
• U.S. Pat. No. 6,528,102
  • Full Citation: US6528102B1
  • Priority date: 1998-09-01
  • Publication Date: 2003-03-04
  • Assignee: Brach's Confections, Inc.
  • Title: Fruit snacks with varied center filling
  • Brief Description: This patent describes fruit snacks with varied center fillings. This is highly relevant to the concept of a multi-layered fruit snack, particularly the "center" aspect.
• U.S. Pat. No. 6,676,982
  • Full Citation: US6676982B2
  • Priority date: 2001-06-26
  • Publication Date: 2004-01-13
  • Assignee: Cadbury Adams Usa Llc
  • Title: Nutritional food bar for sustained energy
  • Brief Description: This patent pertains to nutritional food bars. This could be relevant to snack food composition and nutritional additives.

US Patent Publication Citations:

• U.S. Patent Publication No. 2007/0110844
  • Full Citation: US20070110844A1
  • Priority date: 2005-11-15
  • Publication Date: 2007-05-17
  • Assignee: Natalia Kubantseva
  • Title: Reduced sweetness confectionary compositions and coated/filled food products
  • Brief Description: This publication discusses confectionery compositions and coated/filled food products with reduced sweetness. This is relevant to the general structure of coated food products.
• U.S. Patent Publication No. 2008/0102163
  • Full Citation: US20080102163A1
  • Priority date: 2004-07-01
  • Publication Date: 2008-05-01
  • Assignee: General Mills, Inc.
  • Title: Cultures Encapsulated With Chocolate Food Products Coated With Chocolate And Method Of Preparation
  • Brief Description: This publication is highly relevant as it describes food products coated with chocolate containing encapsulated cultures and methods of preparation. This directly addresses the concept of a coated product with heat-sensitive components (cultures) and chocolate coatings, which are both key aspects of US11317640. This could potentially anticipate aspects of claims relating to the outer layer containing probiotic cultures and the use of chocolate as a coating (claims 1, 3, 14, 19).
• U.S. Patent Publication No. 2008/0026108
  • Full Citation: US20080026108A1
  • Priority date: 2006-06-22
  • Publication Date: 2008-01-31
  • Assignee: Martek Biosciences Corporation
  • Title: Encapsulated Labile Compound Compositions and Methods of Making the Same
  • Brief Description: This publication focuses on encapsulated labile (easily degradable) compound compositions and their manufacturing methods. This is relevant to protecting heat-sensitive probiotics.
• U.S. Patent Publication No. 2006/0110493
  • Full Citation: US20060110493A1
  • Priority date: 2002-08-14
  • Publication Date: 2006-05-25
  • Assignee: Mars, Incorporated
  • Title: Snack having a soft edible layer and method of making
  • Brief Description: This publication describes a snack with a soft edible layer and its manufacturing method, which could be relevant to the texture and layering of the fruit snack center and coatings.
• U.S. Patent Publication No. 2006/0134285
  • Full Citation: US20060134285A1
  • Priority date: 2002-08-14
  • Publication Date: 2006-06-22
  • Assignee: Joan Schnieber
  • Title: Method of making a shelf stable edible snack having an outer dough layer
  • Brief Description: This publication relates to methods of making shelf-stable edible snacks with an outer dough layer, which could be relevant to the stability and layered structure.
• U.S. Patent Publication No. 2007/0148324
  • Full Citation: US20070148324A1
  • Priority date: 2005-08-17
  • Publication Date: 2007-06-28
  • Assignee: Solae, Llc
  • Title: Dressed or Multi-Layer High Protein Food Bars Comprising Sugar Alcohols and Having Improved Texture and Shelf-Life
  • Brief Description: This publication describes multi-layer food bars with improved texture and shelf-life, which is relevant to the overall food product characteristics of US11317640.
• U.S. Patent Publication No. 2007/0231450
  • Full Citation: US20070231450A1
  • Priority date: 2006-03-31
  • Publication Date: 2007-10-04
  • Assignee: Kraft Foods Holdings, Inc.
  • Title: Protein system and food products including same
  • Brief Description: This publication concerns protein systems and food products incorporating them, potentially relevant to the composition of the snack.

Of the cited prior art, U.S. Patent Publication No. 2008/0102163 appears to be particularly relevant, as it directly addresses the combination of cultures (probiotics) within a chocolate coating on a food product, and methods for preparing such. This strongly aligns with the core inventive concept of US11317640.

The present invention, U.S. Patent 11,317,640, describes a process for manufacturing a fruit snack with probiotics that is stable at room temperature. Independent Claim 1 outlines a process comprising the steps of: combining ingredients to produce a slurry; cooking the slurry to produce a center; applying a barrier layer to the center; allowing the center to cool; and applying an outer layer over the barrier layer.

An analysis of the patent's own disclosures, including its background art and examples, reveals elements that would render Claim 1 obvious to a person having ordinary skill in the art (POSITA) in food manufacturing.

Obviousness Analysis under 35 U.S.C. § 103

A POSITA, seeking to develop a shelf-stable, probiotic-containing fruit snack, would have found the combination of known food manufacturing techniques obvious. The patent itself identifies the core problem it aims to solve: "Currently available food products and supplements with probiotic cultures... have a limited shelf life and require refrigeration. High moisture content of the products as well as temperatures exceeding refrigeration dramatically reduces the shelf life and viable probiotic bacterial count." [cite: "Currently available food products and supplements with probiotic cultures"]. The patent also demonstrates through its non-inventive Examples 1-4 that directly incorporating heat-sensitive probiotics into a hot or warm fruit snack center results in their destruction.

To address this, a POSITA would have been motivated to combine the following known technologies:

1. Preparation of a Cooked Snack Center:

   • The general process of "combining a plurality of ingredients to produce a slurry" and "cooking the slurry to produce a center for the food product" is a well-known method in confectionery and snack manufacturing. The patent's own Examples 1-4, described as "not in accordance with the present invention," illustrate this basic process for creating a fruit snack center from ingredients like corn syrup, fruit juice/puree, cornstarch, and sugar, and cooking them to high temperatures (e.g., 240°F, 245°F) [cite: "Example 1", "Example 2", "Example 3", "Example 4"].
   • U.S. Pat. No. 6,528,102 (Brach's Confections, Inc.) titled "Fruit snacks with varied center filling," explicitly teaches the creation of fruit snack centers and their incorporation into multi-layered products. [cite: "US6528102B1"]

2. Incorporation of Probiotics into Food Products:

   • The concept of adding probiotics to food for health benefits was well-established prior to this patent's priority date. The patent mentions "Examples of various food products, some of which contain probiotics, include those described in U.S. Pat. Nos. 5,968,569; 6,375,998; 6,723,358; 6,827,957; 6,528,102; and 6,676,982, and U.S. Patent Publication Nos. 2007/0110844; 2008/0102163; 2008/0026108; 2006/0110493; 2006/0134285; 2007/0148324; and 2007/0231450" [cite: "Examples of various food products, some of which contain probiotics, include those described in U.S. Pat. Nos. 5,968,569; 6,375,998; 6,723,358; 6,827,957; 6,528,102; and 6,676,982, and U.S. Patent Publication Nos. 2007/0110844; 2008/0102163; 2008/0026108; 2006/0110493; 2006/0134285; 2007/0148324; and 2007/0231450, each of which is incorporated herein by reference."].
   • Specifically, U.S. Patent Publication No. 2008/0102163 (General Mills, Inc.) titled "Cultures Encapsulated With Chocolate Food Products Coated With Chocolate And Method Of Preparation," directly teaches incorporating "cultures" (probiotics) into chocolate coatings for food products. [cite: "US20080102163A1"] This reference would motivate a POSITA to place probiotics in an outer layer, especially a chocolate one.

3. Cooling Prior to Adding Heat-Sensitive Components:

   • The step of "allowing the center of the food product to cool" is implicitly or explicitly taught by the patent's own failures in Examples 1-4, which show that adding probiotics to hot or warm product destroys them. A POSITA would understand that heat-sensitive ingredients, like probiotics, must be added to a cooled base. The patent states that the "fruit snack center with the barrier layer is cooled further, preferably to room temperature, if not already sufficiently cool to prevent the destruction of a meaningful amount of the probiotic cultures upon application." [cite: "the outer layer 16"]

4. Application of Barrier Layers to Manage Moisture and Protect Ingredients:

   • The use of coatings and barrier layers in food products to control moisture migration and protect sensitive ingredients is also well-known. The patent states that the "barrier film/layer 14 (also referred to herein as “barrier layer”) functions to substantially prevent moisture migration from the center to the outer layer, which as described further below contains probiotic cultures." [cite: "the barrier film/layer 14"].
   • U.S. Patent Publication No. 2004/0253347 (Kraft Foods Holdings, Inc.) titled "Food products having moisture release system for maintaining texture during shelf life," teaches managing moisture to maintain product quality. [cite: "US20040253347A1"]
   • U.S. Pat. No. 6,723,358 (General Mills, Inc.) titled "Encapsulation of components into edible products," teaches general techniques for encapsulating sensitive components within edible products, which could serve as a barrier function. [cite: "US6723358B1"]
   • The patent itself suggests various materials for the barrier layer, including "commercial yogurt coating, zein protein, CMC gum, xanthan gum, dark chocolate and milk chocolate" [cite: "the barrier layer"]. Many of these, such as vegetable gums (CMC, xanthan gum, gum Arabic, carageenan gum, as mentioned in the patent [cite: "the vegetable gums"]), are commonly used in food science for their gelling, thickening, and moisture-binding properties, making their use as a moisture barrier an obvious application of their known functions.

Motivation to Combine

A POSITA, motivated by the stated problem of probiotic instability in high-moisture, room-temperature fruit snacks, would have found it obvious to combine the teachings of these references.

• Starting with a known method for making fruit snack centers (e.g., from US6528102B1), the POSITA would understand that the center would need to cool.
• Recognizing the heat sensitivity of probiotics (as shown in the patent's own Examples 1-4), the POSITA would know to add them after the center has cooled, ideally in an outer layer.
• Drawing from US20080102163A1, the POSITA would be motivated to place these probiotics in an outer coating.
• Given the high moisture content of fruit snack centers and the known moisture sensitivity of probiotics (as acknowledged in the patent's background), the POSITA would be motivated to protect the probiotics from moisture migration. Therefore, incorporating a moisture barrier layer between the fruit center and the probiotic-containing outer layer (as suggested by the moisture management techniques in US20040253347A1 or general encapsulation/coating principles from US6723358B1) would be a logical and obvious design choice to preserve probiotic viability and achieve room-temperature stability.

The combination of preparing a fruit snack center, cooling it, applying a moisture-barrier layer, and then applying an outer layer containing heat-sensitive probiotics addresses a known problem with known solutions in a predictable manner, making the claimed process obvious to a POSITA.