Invalidity dossier

US 9750267

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

Current assignee: Promotion In Motion Inc

Added 4/27/2026, 6:56:51 AM

IndustryFood (FD)

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

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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.

Generated 5/1/2026, 10:17:20 PM