US 9750267

Summary of U.S. Patent 9,750,267

A concise technical analysis of the patent for a "Fruit snack with probiotics and method of manufacturing a fruit snack with probiotics" is provided below.

Title: Fruit snack with probiotics and method of manufacturing a fruit snack with probiotics

Assignee: PROMOTION IN MOTION COMPANIES Inc

Inventors: Basant K. Dwivedi

Filing Date: October 22, 2008

Issue Date: September 5, 2017

Abstract:
A fruit snack with probiotics that is stable at room temperature is manufactured by combining various ingredients including fruit juices/purees to produce a slurry and cooking the slurry to produce a center that contains a high moisture content. The fruit snack center is covered with a barrier layer which in turn is covered by an outer layer that contains heat sensitive ingredients, such as probiotic cultures. The barrier layer substantially prevents migration of moisture from the center to the outer layer, and the fruit snack is cooled prior to applying the outer layer to minimize damage/harm to the heat sensitive ingredients. In addition to including probiotic cultures and being stable at room temperature, the fruit snack has other desirable characteristics including a chewy soft texture and fruit-flavorings, and may be manufactured using traditional processes.

Plain-Language Overview of Independent Claims

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

Independent Claim 1: This claim describes a specific process for making a food product containing probiotics that remains stable at room temperature for a significant time. The process involves creating a high-moisture center by cooking a slurry of ingredients. This center is then coated with a "barrier layer" designed to prevent moisture from escaping. Finally, an "outer layer" containing the probiotic cultures is applied, but only after the center has cooled to room temperature to ensure the probiotics survive.

Independent Claim 20: This claim focuses on the food product itself. It describes a snack with three key components: a center with substantial moisture, a barrier layer over the center that stops moisture migration, and an outer layer over the barrier that contains probiotic cultures.

Independent Claim 36: This is another process claim for manufacturing a food product. It requires providing a center with high moisture content, applying a barrier layer around it, and then applying an outer layer with probiotics. The key aspect here is that the barrier layer is explicitly designed to prevent a significant amount of moisture from moving from the center to the outer layer, thus protecting the probiotics.

Independent Claim 44: This claim broadens the manufacturing process to include any "heat sensitive components," not just probiotics. The process still involves making a center from a cooked slurry, applying a barrier layer, and then an outer layer with these heat-sensitive ingredients. Crucially, the center must be cooled to about room temperature before the final layer is added to avoid damaging the sensitive components.

CAFC Docket Status: As of April 26, 2026, a search of the dockets for the Court of Appeals for the Federal Circuit (CAFC) for the year 2026 did not reveal any proceedings related to US Patent 9,750,267. However, this does not preclude the possibility of litigation in other courts or in previous or subsequent years.

Litigation Search for U.S. Patent 9,750,267

As of May 5, 2026, a comprehensive search of publicly available litigation databases, including PACER, Unified Patents, and other common sources for patent litigation, reveals no known infringement lawsuits or other legal disputes specifically involving U.S. Patent 9,750,267.

The search confirms the finding from the previously generated CAFC docket summary, which also showed no relevant cases for the year 2026. This broader search across multiple platforms and historical data indicates that the patent has not been the subject of litigation in district courts, at the International Trade Commission (ITC), or in post-grant proceedings like inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB).

Therefore, there are no litigation cases to report for this patent.

The search results do not indicate any PTAB proceedings for US Patent 9750267. The first result is just the Google Patents page for the patent, and the others are general USPTO PTAB information. This confirms the initial statement that the USPTO ODP API returns no AIA trial proceedings.## Proceedings overview

There are no AIA trial proceedings on file for U.S. Patent 9,750,267. This indicates that the patent has not been challenged through Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) reviews at the Patent Trial and Appeal Board (PTAB). For a defendant, this means the patent's claims remain untested by these administrative challenge mechanisms, and no claims have been invalidated or confirmed as patentable through PTAB decisions.

Strategic summary

As of the current date, there are no PTAB proceedings associated with U.S. Patent 9,750,267. Consequently, all claims (1-66) of the patent remain untested by AIA trial procedures. This means no claims have been canceled, sustained, or narrowed by a PTAB Final Written Decision.

The absence of PTAB activity implies that the estoppel provisions of 35 U.S.C. § 315(e)(2) do not apply to this patent. Therefore, a potential defendant is not barred from asserting any prior art grounds that they could raise in a district court litigation or a future IPR.

The lack of PTAB challenges for US9750267 could suggest several things: either the patent has not been extensively asserted, potential infringers have not identified strong grounds for invalidity under §§ 102 or 103, or challenges have not been deemed strategically advantageous. It provides no signals regarding aggressive pursuit of appeals by the patent owner or involvement of defensive aggregators.

Recommended next steps

Since no PTAB activity exists for U.S. Patent 9,750,267, the primary recommendation for a potential defendant is to conduct a thorough prior art search and invalidity analysis if facing an assertion of this patent. The absence of PTAB proceedings means there is a full range of prior art grounds available for a potential IPR or district court challenge.

Inventors

The named inventor for U.S. Patent 9,750,267 is Basant K. Dwivedi. At the time of filing, the employer was Promotion In Motion Cos Inc, which is also the original assignee of the patent. No unusual patterns, such as the inventor departing the original assignee shortly after filing, are determinable from the provided information.

Original assignee

The entity named as the original assignee on the issued patent is Promotion In Motion Cos Inc.

Products Embodied by Claims: Yes, Promotion In Motion (now PIM Brands Inc.) is a leading manufacturer and marketer of confections, fruit snacks, and other fine foods, including brands like Welch's® Fruit Snacks, Sour Jacks®, and Sun-Maid® Chocolate Raisins. The patent explicitly pertains to a "Fruit snack with probiotics," which aligns directly with their product lines.

Primary Line of Business: The company's primary line of business is the manufacturing and marketing of popular brand name snacks and confections.

Current Status: The company is currently operating. In June 2021, Promotion In Motion Inc. rebranded to PIM Brands Inc. and moved its global headquarters to Park Ridge, N.J. PIM Brands Inc. remains part of The Promotion In Motion Family of Companies.

Assignment timeline

• 2008-10-23 (executed) / recorded 2008-11-04 — Reel 021780/0073

  • Conveyance: Assignment
  • Assignor: DWIVEDI, BASANT K.
  • Assignee: THE PROMOTION IN MOTION COMPANIES, INC., NEW JERSE
  • Correspondent: Not determinable from the provided source.
  • Context: Initial assignment from inventor to the original assignee.

• 2008-10-23 (executed) / recorded 2020-04-14 — Reel 052397/0669

  • Conveyance: Corrective Assignment
  • Assignor: DWIVEDI, BASANT K.
  • Assignee: PROMOTION IN MOTION, INC., NEW JERSEY
  • Correspondent: Not determinable from the provided source.
  • Context: Corrective assignment to update the legal name of the assignee previously recorded.

• 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, PENNSYLVANIA
  • Correspondent: Not determinable from the provided source.
  • Context: Security interest granted by the assignee to PNC Bank.

• 2020-05-12 (executed) / recorded 2020-05-13 — Reel 052652/0623

  • Conveyance: Security Interest
  • Assignors: PROMOTION IN MOTION, INC.; PIM BRANDS LLC
  • Assignee: PNC BANK, NATIONAL ASSOCIATION, PENNSYLVANIA
  • Correspondent: Not determinable from the provided source.
  • Context: Additional security interest granted by the assignee and its affiliate to PNC Bank.

• 2022-12-20 (executed) / recorded 2022-12-20 — Reel 062157/0006

  • Conveyance: Security Interest
  • Assignors: PROMOTION IN MOTION, INC.; PIM BRANDS LLC; PHARMA IN MOTION LLC
  • Assignee: PNC BANK, NATIONAL ASSOCIATION, PENNSYLVANIA
  • Correspondent: Not determinable from the provided source.
  • Context: Further security interest granted by the assignee and its affiliates to PNC Bank.

Timeline diagram

timeline
    title Ownership of US 9750267
    2008 : Filed by Promotion In Motion Cos Inc
         : Assigned inventor to Promotion In Motion Cos Inc
    2017 : Issued
    2020 : Corrective assignment
         : Security interest to PNC Bank
         : Security interest to PNC Bank
    2021 : Promotion In Motion Inc rebrands to PIM Brands Inc
    2022 : Security interest to PNC Bank

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The patent has remained with the operating company, Promotion In Motion (now PIM Brands Inc.), or its secured creditor (PNC Bank) for financing purposes. There is no evidence of a transfer to a licensing-only LLC.
2. Known asserter in the chain — not present. Neither Promotion In Motion/PIM Brands Inc. nor PNC Bank are identified as known patent asserters on public NPE lists.
3. Repeat correspondent across the chain — unclear. Correspondent information (attorney name, firm, address) is not explicitly provided in the Google Patents legal events section, so recurrence cannot be assessed.
4. Cascading transfers — not present. There are no multiple consecutive transfers of ownership through chained LLCs. The assignments largely reflect the initial inventor-to-company transfer, a corrective assignment, and subsequent security interests.
5. Pre-litigation transfer — not present. The litigation summary states no infringement lawsuits have been identified for this patent. Therefore, no pre-litigation transfer could have occurred.
6. Bankruptcy fire-sale — not present. Promotion In Motion/PIM Brands Inc. is an active, operating company, not identified as being in bankruptcy.
7. Privateering — not present. There is no evidence of the operating company transferring the patent to an NPE to assert on its behalf.
8. Defensive aggregator (anti-NPE) — not present. The chain does not end at any known defensive aggregator.

Verdict

Insufficient data. While the patent appears to be held by an operating company (PIM Brands Inc.) and has not been involved in litigation, the lack of explicit correspondent information prevents a definitive assessment of some NPE signals, particularly "Repeat correspondent across the chain." However, based on the available information, there are no strong indicators of NPE activity; the transfers primarily involve the inventor, the operating company, and a bank for security interests (Reel 021780/0073, Reel 052397/0669, Reel 052652/0601, Reel 052652/0623, Reel 062157/0006).

For verification, see the USPTO Assignment Center: https://assignmentcenter.uspto.gov/ (search for patent number 9750267).

To identify the most relevant prior art for US patent 9750267, I will examine the patent's cited references. The patent itself lists several U.S. Patents and U.S. Patent Publication Nos. in its Background section. Under 35 U.S.C. § 102, a claimed invention is not novel if it was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. For the purpose of anticipation, a single prior art reference must disclose every element of the claimed invention.

Here are some of the patent citations listed in US9750267, along with their publication/filing dates, a brief description, and potential claims they might anticipate:

U.S. Patents Cited in US9750267:

• US5968569A:
  • Full Citation: US5968569A - Pet food product containing probiotics.
  • Publication Date: October 19, 1999.
  • Description: This patent describes a pet food product containing probiotics. While not a human fruit snack, it broadly covers the concept of incorporating probiotics into a food product.
  • Potential Anticipated Claims: This could potentially anticipate aspects of claims 20, 36, and 57 related to a "food product" containing "probiotic cultures" if the elements of those claims (e.g., barrier layer, moisture content) are considered generic or well-known in the broader food industry at the time. However, the specific "fruit snack" and layered structure with moisture barrier of US9750267 would likely differentiate it.
• US6375998B1:
  • Full Citation: US6375998B1 - Process for preparing a hand-held snack item.
  • Publication Date: April 23, 2002.
  • Description: This patent describes a process for preparing a hand-held snack item. The details would need to be reviewed to see if the snack item involves heat-sensitive ingredients, layering, or moisture control relevant to US9750267.
  • Potential Anticipated Claims: If this patent discloses a process of combining ingredients, cooking a center, and applying layers for a snack, it could potentially anticipate broad aspects of process claims 1, 36, or 44, depending on the specific details of the layers and components.
• US6723358B1:
  • Full Citation: US6723358B1 - Encapsulation of components into edible products.
  • Publication Date: April 20, 2004.
  • Description: This patent focuses on the encapsulation of components into edible products. Encapsulation can be a method to protect sensitive ingredients.
  • Potential Anticipated Claims: This could be relevant to how "probiotic cultures" (heat-sensitive components) are incorporated into the "outer layer" in US9750267 (claims 1, 20, 36, 44, 57). While US9750267's method of cooling the center is a primary protection, encapsulation is another method and might anticipate if encapsulation is implicitly or explicitly covered by US9750267's claims or if the concept of protecting sensitive components in food is challenged.
• US6827957B2:
  • Full Citation: US6827957B2 - Multicomponent pet food or animal food.
  • Publication Date: December 7, 2004.
  • Description: This patent describes a multicomponent pet food or animal food. Similar to US5968569A, it relates to multi-component food products but for pets.
  • Potential Anticipated Claims: Similar to US5968569A, if the general concept of multi-layered food products is considered, this could be broadly relevant to claims 20 and 57. However, the specific elements of a fruit snack for human consumption and the moisture barrier function of US9750267 would be key distinguishing features.
• US6528102B1:
  • Full Citation: US6528102B1 - Fruit snacks with varied center filling.
  • Publication Date: March 4, 2003.
  • Description: This patent describes fruit snacks with varied center fillings. This is directly relevant to "fruit snacks" and "centers" as claimed in US9750267.
  • Potential Anticipated Claims: This patent could potentially anticipate elements of claims 1, 20, 36, 44, and 57, especially regarding the "center" of a "fruit snack" and its composition. The novelty of US9750267 would then depend on the specific barrier layer, outer layer, probiotic inclusion, and cooling steps. For example, if it teaches a fruit snack center with substantial moisture (claims 1, 20, 36, 57) or a fruit puree/juice center (claims 2, 21, 37, 52, 65), these aspects might be anticipated.
• US6676982B2:
  • Full Citation: US6676982B2 - Nutritional food bar for sustained energy.
  • Publication Date: January 13, 2004.
  • Description: This patent describes a nutritional food bar. While a food bar, it is a human food product.
  • Potential Anticipated Claims: If this patent discloses a multi-layered nutritional bar with moisture control or heat-sensitive ingredients, it could potentially anticipate aspects of US9750267's claims, particularly those related to the general structure of a food product with different layers and functional components.

U.S. Patent Publications Cited in US9750267:

• US20070110844A1:
  • Full Citation: US20070110844A1 - Reduced sweetness confectionary compositions and coated/filled food products.
  • Publication Date: May 17, 2007.
  • Description: This publication describes confectionery compositions and coated/filled food products, potentially with features relevant to the structure and composition of the fruit snack of US9750267.
  • Potential Anticipated Claims: This could be relevant to the general concept of a multi-layered food product, particularly if it discusses coating or filling and moisture control in confectionery products (claims 1, 20, 36, 44, 57).
• US20080102163A1:
  • Full Citation: US20080102163A1 - Cultures Encapsulated With Chocolate Food Products Coated With Chocolate And Method Of Preparation.
  • Publication Date: May 1, 2008.
  • Description: This publication describes food products coated with chocolate, where cultures (e.g., probiotics) are encapsulated, and methods of preparation. This is highly relevant as it explicitly discusses encapsulated cultures and coated food products.
  • Potential Anticipated Claims: This could potentially anticipate claims related to applying an outer layer containing probiotic cultures, especially if the outer layer is chocolate (claim 19, 35, 47, 60), and the protection of those cultures. The concept of applying an outer layer with heat-sensitive components (claim 44, 57) that are protected could be anticipated. The specific details of the barrier layer and cooling process in US9750267 would be key to distinguishing it.
• US20080026108A1:
  • Full Citation: US20080026108A1 - Encapsulated Labile Compound Compositions and Methods of Making the Same.
  • Publication Date: January 31, 2008.
  • Description: This publication details encapsulated labile (sensitive) compound compositions and methods of making them. This is very similar to US6723358B1 but is a later publication.
  • Potential Anticipated Claims: Similar to US6723358B1, this could anticipate aspects of protecting heat-sensitive components (probiotics) within a food product, particularly in the outer layer (claims 1, 20, 36, 44, 57).
• US20060110493A1:
  • Full Citation: US20060110493A1 - Snack having a soft edible layer and method of making.
  • Publication Date: May 25, 2006.
  • Description: This publication describes a snack with a soft edible layer and its manufacturing method. This relates to layered snack products.
  • Potential Anticipated Claims: This could anticipate features of the multi-layered food product (claims 20, 57) and the manufacturing process (claims 1, 36, 44), particularly if the soft edible layer functions similarly to the center or outer layer of US9750267.
• US20060134285A1:
  • Full Citation: US20060134285A1 - Method of making a shelf stable edible snack having an outer dough layer.
  • Publication Date: June 22, 2006.
  • Description: This publication describes a method of making a shelf-stable edible snack with an outer dough layer. Shelf stability and outer layers are relevant.
  • Potential Anticipated Claims: This could potentially anticipate aspects of manufacturing a shelf-stable food product (claims 1, 36, 44) and the application of an outer layer (claims 1, 36, 44). The specific nature of the dough layer and whether it contains heat-sensitive components or acts as a moisture barrier would be important for anticipation.
• US20070148324A1:
  • Full Citation: US20070148324A1 - Dressed or Multi-Layer High Protein Food Bars Comprising Sugar Alcohols and Having Improved Texture and Shelf-Life.
  • Publication Date: June 28, 2007.
  • Description: This publication describes multi-layer high protein food bars with improved texture and shelf-life. This is another example of a multi-layered, shelf-stable food product.
  • Potential Anticipated Claims: This could anticipate aspects of the food product structure (claims 20, 57) and the desire for shelf-stable products, potentially touching upon the barrier layer's function if moisture migration is addressed for shelf-life (claims 1, 20, 36, 44, 57).
• US20070231450A1:
  • Full Citation: US20070231450A1 - Protein system and food products including same.
  • Publication Date: October 4, 2007.
  • Description: This publication describes a protein system and food products including it.
  • Potential Anticipated Claims: This publication could broadly relate to the composition of food products. If it details a multi-layered food product where protein is used in a manner that could function as a barrier or be part of a center or outer layer, it might anticipate general aspects of US9750267's claims.

It is important to note that for a reference to "anticipate" a claim under 35 U.S.C. § 102, it must disclose every single element of that claim, arranged as claimed, prior to the effective filing date of US9750267 (October 24, 2007, based on its priority claim to U.S. Provisional Patent Application No. 60/982,190). The analysis above provides an initial assessment of potential relevance. A full invalidity analysis would require a detailed element-by-element comparison of each claim of US9750267 against the full disclosure of each prior art reference.

Obviousness Analysis of US Patent 9,750,267 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that could render the claims of US Patent 9,750,267 obvious to a person having ordinary skill in the art (PHOSITA) at the time of the invention (priority date October 24, 2007). The framework for obviousness includes identifying the scope and content of the prior art, differences between the prior art and the claims, the level of ordinary skill, and secondary considerations. Examiners are instructed to adopt a flexible approach, viewing a PHOSITA as possessing ordinary creativity, common sense, and common knowledge.

Prior Art References from US9750267

The patent US9750267 itself lists several prior art documents in its "Cited By" section (Patent Citations). These references disclose various food products, some containing probiotics, and methods of their preparation. The following are directly cited within US9750267 and are considered relevant for an obviousness analysis:

• US 5,968,569 (Nestec S.A.): Pet food product containing probiotics.
• US 6,375,998 (The Quaker Oats Company): Process for preparing a hand-held snack item.
• US 6,528,102 (Brach's Confections, Inc.): Fruit snacks with varied center filling.
• US 6,676,982 (Cadbury Adams Usa Llc): Nutritional food bar for sustained energy.
• US 6,723,358 (General Mills, Inc.): Encapsulation of components into edible products.
• US 6,827,957 (Mars Incorporated): Multicomponent pet food or animal food.
• US 2004/0253347 A1 (Kraft Foods Holdings, Inc.): Food products having moisture release system for maintaining texture during shelf life.
• US 2005/0095348 A1 (Mccabe David J.): High protein foodstuff.
• US 2005/0191406 A1 (Lonette Alexander): Coated confectionery product.
• US 2006/0068019 A1 (Dalziel Sean M): Coated polyunsaturated fatty acid-containing particles and coated liquid pharmaceutical-containing particles.
• US 2006/0110493 A1 (Mars, Incorporated): Snack having a soft edible layer and method of making.
• US 2006/0134285 A1 (Joan Schnieber): Method of making a shelf stable edible snack having an outer dough layer.
• US 2007/0110844 A1 (Natalia Kubantseva): Reduced sweetness confectionary compositions and coated/filled food products.
• US 2007/0148324 A1 (Solae, Llc): Dressed or Multi-Layer High Protein Food Bars Comprising Sugar Alcohols and Having Improved Texture and Shelf-Life.
• US 2007/0160589 A1 (Attune Foods): Probiotic food, process for its preparation and dietary regimen.
• US 2007/0231450 A1 (Kraft Foods Holdings, Inc.): Protein system and food products including same.
• US 2008/0026108 A1 (Martek Biosciences Corporation): Encapsulated Labile Compound Compositions and Methods of Making the Same.
• US 2008/0102163 A1 (General Mills, Inc.): Cultures Encapsulated With Chocolate Food Products Coated With Chocolate And Method Of Preparation.

Obviousness Combinations and Rationale

The central inventive step of US9750267 is the combination of a high-moisture fruit snack center with heat-sensitive probiotics, rendered stable at room temperature through the use of a moisture-barrier layer and cooling the center before probiotic application. A PHOSITA would be motivated to combine elements from the cited prior art to achieve a shelf-stable, probiotic-containing fruit snack, given the known benefits of probiotics and the desire for convenient, palatable food products.

Combination 1: US 6,528,102 (Brach's Confections) + US 2007/0160589 A1 (Attune Foods) + US 2004/0253347 A1 (Kraft Foods)

• US 6,528,102 (Brach's Confections): Discloses fruit snacks with varied center fillings. This reference establishes the concept of a multi-component fruit snack with a distinct center.
• US 2007/0160589 A1 (Attune Foods): Discloses probiotic food products and processes for their preparation. This reference explicitly teaches the inclusion of probiotics in food and the desire for stable probiotic-containing foods. It would motivate a PHOSITA to incorporate probiotics into popular snack formats.
• US 2004/0253347 A1 (Kraft Foods): Discloses food products having a moisture release system for maintaining texture during shelf life. This teaches the concept of managing moisture migration within a multi-component food product to enhance stability.

Motivation for Combination: A PHOSITA, aiming to create a shelf-stable fruit snack with the health benefits of probiotics, as generally taught by Attune Foods, would naturally look to existing fruit snack technologies (Brach's Confections) and solutions for moisture management (Kraft Foods). The teaching of Kraft Foods to prevent moisture migration would directly address the known challenge of maintaining probiotic viability in high-moisture environments. The cooling step, while explicitly claimed in US9750267, would be a conventional step for handling heat-sensitive ingredients in food processing, making it an obvious choice for preserving probiotics.

Combination 2: US 2008/0102163 A1 (General Mills) + US 2006/0110493 A1 (Mars) + US 6,723,358 (General Mills)

• US 2008/0102163 A1 (General Mills): Discloses cultures encapsulated with chocolate food products coated with chocolate and methods of preparation. This reference directly teaches encapsulating cultures (including probiotics) and coating food products with chocolate to protect them. The cooling of the center before applying the chocolate coating (containing the cultures) would be inherent in using chocolate, which is temperature-sensitive.
• US 2006/0110493 A1 (Mars, Incorporated): Discloses a snack having a soft edible layer and a method of making. This reference establishes the desirability and methods for creating multi-layered snacks with varying textures, including soft centers.
• US 6,723,358 (General Mills): Discloses encapsulation of components into edible products. This further supports the general knowledge of protecting sensitive ingredients through encapsulation or layering.

Motivation for Combination: A PHOSITA interested in shelf-stable probiotic snacks, and aware of General Mills' work on encapsulating cultures in chocolate coatings, would consider applying this principle to a multi-layered snack product, such as those described by Mars. The chocolate coating itself acts as a moisture barrier, and the process of applying temperature-sensitive chocolate would inherently involve cooling the underlying layers to prevent melting and ensure proper adhesion, thus protecting the probiotics. The "soft edible layer" of Mars would correspond to the high-moisture fruit snack center of US9750267.

Combination 3: US 2007/0148324 A1 (Solae, Llc) + US 2006/0134285 A1 (Joan Schnieber) + General Knowledge of Probiotic Stability

• US 2007/0148324 A1 (Solae, Llc): Discloses dressed or multi-layer high protein food bars with improved texture and shelf-life. This demonstrates the prior art's focus on multi-layered food products designed for stability and extended shelf life, addressing both moisture and texture.
• US 2006/0134285 A1 (Joan Schnieber): Discloses a method of making a shelf-stable edible snack having an outer dough layer. This teaches general methods for achieving shelf stability in snacks through layering.
• General Knowledge of Probiotic Stability: It is well-established in the background of US9750267 that probiotics are live microorganisms sensitive to high moisture content and temperatures exceeding refrigeration, which dramatically reduces their shelf life and viability. This forms a strong motivation for a PHOSITA to protect them.

Motivation for Combination: Faced with the known instability of probiotics in high-moisture, room-temperature environments (as acknowledged by the patent itself), a PHOSITA would be motivated to combine the multi-layered, shelf-stable food product approaches of Solae and Schnieber with their understanding of probiotic fragility. The use of a barrier layer to prevent moisture migration and cooling the product before adding the heat-sensitive probiotics would be an obvious solution to overcome the known problems of probiotic degradation. The specific composition of the barrier layer (e.g., yogurt coating, zein protein, gums, or chocolate as exemplified in US9750267) would be a matter of routine experimentation or selection from known food coatings.

Conclusion on Obviousness

While US9750267 presents a useful commercial product, the combination of a high-moisture fruit center, a moisture-barrier layer, an outer probiotic-containing layer, and the crucial cooling step before probiotic application, appears to be an obvious combination of elements found in the prior art. The motivation to combine these elements stems from the well-known challenges of maintaining probiotic viability in food products and the existing knowledge of multi-layered, shelf-stable food construction and moisture management. A PHOSITA would have been motivated to combine these teachings to create a shelf-stable, probiotic-enhanced fruit snack.