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Patent 2185522 Summary

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(12) Patent: (11) CA 2185522
(54) English Title: CONGEALED FRUIT CONFECTION ESPECIALLY FOR MAKING FRUIT CLUSTERS
(54) French Title: FRUITS CONGELES, PARTICULIEREMENT UTILES POUR L'OBTENTION DE GRAPPES DE FRUITS
Status: Expired and beyond the Period of Reversal
Bibliographic Data
(51) International Patent Classification (IPC):
  • A23G 9/04 (2006.01)
(72) Inventors :
  • MUENZ, DAVID J. (United States of America)
  • HOCHSTETLER, HAROLD J. (United States of America)
(73) Owners :
  • J.M. SMUCKER COMPANY (THE)
(71) Applicants :
  • J.M. SMUCKER COMPANY (THE) (United States of America)
(74) Agent: GOWLING WLG (CANADA) LLP
(74) Associate agent:
(45) Issued: 1998-06-09
(22) Filed Date: 1994-11-22
(41) Open to Public Inspection: 1995-09-29
Examination requested: 1996-09-13
Availability of licence: N/A
Dedicated to the Public: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): No

(30) Application Priority Data:
Application No. Country/Territory Date
08/218,439 (United States of America) 1994-03-28

Abstracts

English Abstract


A congealed fruit confection with a high fruit intensity
comprising a mixture of a fruit concentrate, natural sweeteners, a
softening agent, a humectant, water and pectin of over 1.0% by
weight of the mixture where the mixture is congealed in molding
material to reduce the water of the mixture to provide a water
activity of substantially less than about 0.40.


French Abstract

Confiserie de fruits figés présentant une intensité fruitée élevée. La confiserie consiste d'un mélange de concentré de fruits, d'édulcorants naturels, d'un ramollissant, d'un agent humidifiant, d'eau et de pectine d'une proportion de plus de 1,0 % du poids du mélange. Le mélange est figé dans une matière de moulage pour réduire sa teneur d'eau, ce qui permet d'obtenir une activité de l'eau d'une valeur essentiellement inférieure à 0,40 environ.

Claims

Note: Claims are shown in the official language in which they were submitted.


The embodiments of the invention in which an
exclusive property or privilege is claimed are defined
as follows:
1. A method of forming fruit fragments with
maximum dimensions of about 0.10 to 0.15 inches, said
method comprises the steps of:
(a) providing congealed pieces of fruit
confection with a glassification temperature and having
a minimum dimension of at least about 0.30 inches;
(b) cooling said pieces to a temperature below
said glassification temperature;
(c) adding a non-caking agent to said pieces;
and,
(d) mechanically fracturing said pieces into
fragments of less than about 0.10 to 0.15 inches coated
with said non-caking agent.
2. A method as defined in claim 1 including the
additional step of recooling said fragments coated with
said non-caking agent to a temperature at least near
said glassification temperature.
3. A method of forming fruit clusters, said
method comprises the steps of:
(a) providing congealed pieces of fruit
confection with a glassification temperature and having
a minimum dimension of at least about 0.30 inches;
(b) cooling said pieces to a temperature below
said glassification temperature;
(c) adding a non-caking agent to said pieces;
(d) mechanically fracturing said pieces into
fragments of less than about 0.10 to 0.15 inches coated
with said non-caking agent; and,
(e) agglomerating said fruit fragments with a dry
food selected from the class consisting of cereals,
grains, nuts and mixtures thereof.

2
4. A method as defined in claim 3 including the
additional step of cooling said fragments before said
agglomeration step to a temperature at least near said
glassification temperature.

Description

Note: Descriptions are shown in the official language in which they were submitted.


~ 218~22
SM-9392
T-~!n FRUIT ~_ o~
ESP13CIAJ,~LY FOR ~ RING FRUIT CTJlR'l'Fo~
The present invention relate3 to the art of cnn~e~ 1 e~l f ruit
confections and more particularly to a novel nn~ fruit
confection especially adapted for making agglomerated clusters olf
the type which are now used in dry breakfagt cereals and other food
5 products.
The invention is particularly applicable to production of à
unique con~A1 f~d fruit confection and the use of this novel
confection in a relatively small food clugter made up of a piece or
pieces of the congealed fruit confection agglomerated with crisp
lO pieces selected from the class congigting of cereal, grain and/or
nuts and a natural binding material, such as honey, and the
invention will be l1~3rr;h~d with particular reference to this use
and t~-rhnology; however, the invention has broader applications and
may be used for a variety of Arr1 ;r~tiona of a congealed fruit
15 confection in various sizes and shape&.
P'''--~- OF INVENTION
In recent years, a number of breakfast cereals and yogurts
have used clusters normally formed from grain, cereal and/or
chopped nuts held together with a gweetener or natural binder, such
20 as honey, and agglomerated into relatively 8mall, g~nF~r~ r
sph~ri~1 pieces or clusters. By agglomerating grain, cerea:
and/or chopped nuts with honey, which is common in forming discrete
nuggets or clusterg, the regulting clusterg can be dispersed
throughout normal breakfast cereals to produce added fiber an~
25 added variety for increased cnn~ - acceptance of the breakfas1:
cereals. These gmall, g~nF~rA11y crigp clugterg, 3rh~-rjr:~1 bodies
or nugget3 are well known in the food indugtry and are also used to
produce snack bars, cookies, additives for yogurt. In some
breakfast cereals, dry fruit pieces are also added with the dr~r
30 clusters to provide both fruit and fiber in gtandard breakfast
cereals . The prolif eration of uges f or cereal, grain and choppe~
nut cluster3 has presented one major commercial problem, the
solution of which has heretofore escaped the breakfast food an~
yogurt industry. Clusters of grain and/or chopped nut&
35 agglomerated into small 3rh~r; r~ 1 bodie3 by natural binders, such
as honey or 3ugar, are relatively bland in tagte, organoleptic
characteristics and rh ~ hi l i ty. Cnnsl~oq11~ntly~ breakfast cereal&~
which employ the normal clugterg of grain and/or chopped nuts add

`~ ~ 22
--2-- sM-9392
fruits, almonda and a wide variety of other geparate and di3cretb
food partic1es for totAl;7;nq the perceived nutritional
characteristics of the breakfa8t cereal. There ig a substantial
commercial desire for creating grain, cereal and/or nut clusters
5 with a fruit c~ t; however, the only viable effort in this
area has been the use of gmall piece8 of dried apples which are
Aqqll ated with graing a4d/or chopped nuts into small clusters or
nuggets. Such clusterg or nugget8 do have a fruit constituent,
however, the constituent i8 no different than adding separate dried
10 apple bits to the cereal. Dried apple bits, whether part of the
cluster or separate in the cereal are ~:~LLL~ ^1 y chewy and have a
low release of apple flavor when c~n~ 1. Indeed, unless the
dried apple bits in the experimental clusters are chewed s~rArAt~ly
no fruit flavor is releaBed. There is no acceptable way to release
15 a disting~ hAhle fruit flavor, except the apple flavor, which is
weak. In summary, there has been no s~lrc~-~sful ~Loce.luL~ for
creating the commercially 1 nr1~d clusters with an acceptable
fruit constituent, egpecially a congtituent that can be used for
several distinct fruit flavorg. Dried apple bits have not been
20 sllrcessful because they remain a8 dry apple bits or pieces with the
low fruit release and the inability to produce a flavor, except an
apple~ flavor which is ~ ,I.L~ ly low organoleptically. It is
conceivable that other dried fruit8 could be chopped into small
pieces and used in the clugterg; however, they would retain their
25 tough texture, ~l;ff;rlllt rh~ h;l;ty~ low flavor release and the~
inability to be agglomerated with grain8 or chopped nutg by natural
binders, such as honey. The u8e of dried fruit bitg would be~
e~l.L -ly expensive, produce unacceptable texture and remain no
better than using separate dried fruit particleg in a breakfast
3 0 cereal .
The production of granola has ; nrlu~lPd fruit paste; however,
the granola must be held together with relatively high fat
substances. When such subgtanceg are dried they are fragile and
can not be incuL~,oLted as di8crete 3mall clusters ;nrllltl;nq fruit
35 and gr2in as is ~1 n~l-d for an acceptable and commercially viable
fruit clusters.
As will become apparent, the present invention relates to a
congealed fruit confection which is novel in itself, is processed
40 in a novel manner and ig incorporated with cereal, grain and/or

5 2 2
--3-- SU-9392
!
chopped nuts to produce a fruit clugter. As background technology~!
it i8 common practice to produce gelled confections or candies,
such as starch or gelatin bage gum candy particles. These gelled
or c~n~P~IPd confections are produced in relatively small cro8s
sections by using gtarch and gelatins with weak fruit flavors that
are moulded in gtarch poucheg or cavitie3, whereby the starch
withdraws water ag the confection ig gelled. Thig procedure
reduces the water activity of the confection and allowa it to form
into a self-sugtaining ghape which is normally quite small to
create a large surface area of contact between the gelled
confection and the lr~in~ 5tarch cavity to Pff~iPntly withdraw
water and render the confection firm. The process dates back many
years and is generally described in Greninger 3,097,951, which
prior patent can be referred to as background information. Gelled¦
con~ections using starch and ~elatin are produced by the m;ll;~n~
and are sold in pouches; however, such confections have a
relatively low "fruit intensity~, which term is defined as a high
ratio by weight of fruit solids to the total weight of the
confection. A high fruit intensity i5 not obt~;n~hl~ by these
prior gelled o~ congealed gum candy manu~acturing processes. A
high Eruit intensity is where the ruit solids in the congealed
con~ection is at least appr~Y;r~-tPly 2-396 of flavor distinguishable
actual ~ruit solida.
T8E INVENTION
In accordance with the pregent invention, there is provided a
congealed fruit confection which, in relatively small size8, has a
high fruit flavor release, PY~ Pl 1 Pnt organoleptic characteri8tic
and a high fruit intengity to give a better flavor delivery than
heretofore po~i3;hlP in gelled gum candies, while maintaining an
extremely low water activity to preclude migration of moisture from
the confection to the grain, cereal and/or chopped nuts c i
with this unique confection to produce fruit clusters.
In accordance with the invention, the novel c~n~P~lPti fruit
confection, with a high fruit intensity is formed in relatively
small discrete bits. These bits can be produced in pieces which,
in the preferred n~li L, have preselected molded shapes. The
confection comprises a mixture of fruit ~on~nfrate~ natural
sweeteners, a softening agent, a humectant, water and pectin of
over lt by weight of the mixture. The mixture is con~e~lP~ in a
l~lin~ material, 8uch a8 r ll~lin~ 8tarch, that can define the

~ 2~8~22
SM-9392
preselected shape, whereby the 1-1in~ material or starch reduces
the water of the mixture to provide a water activity of
substantially less than about 0.40. This novel congealed fruit
confection i5 made in accordance with gtandard gum candy ~LuceluLal;
5 however, the procegs differg by using fruit concentrate, sugar and
pectin. The fruit cu~ L"te provideg a high fruit intensity with
fruit solids in the confection being greater than about 2-396. In
accordance with another aspect of the invention, the softening
agent is the humectant and ig in the form of glycerin that reduces
10 the to~l~hnos~ of the resulting solid confection. The humectant
characteristics of the glycerin reduces the water activity of the
confection. In accordance with another aspect of the invention,
pectin is employed. Prior uses of starch and gelatin mask the
fruit flavor that exist in a minor degree in the prior cnn~nlod
15 confections of the type to which the present invention is directed.
The pectin is the stAhi 1 i 70r for the congealed fruit confection and
is advantageous since it produces a cleaner product with a faster
flavor release, especially at the low water activity of the
fini~hod confection. By placing the mixture forming the congealed
20 fruit confection into a 1~1;n~ material such as ul~;nq starch,
the starch removeg water and caugeg a firmness to be imparted to
the congealed fruit confection and substantially reduces water
activity. As is common practice, placing the novel mixture into
moulded cavities in a starch bed allows the confection to set-up
25 and become stiff. The confection mixture remains in the starch be~
or the - 1~1; n~ starch for two to three days . Thereafter, it is
removed and coated with ~ArnAIlhA wax, confectioners, glaze or
another wax 80 that the regulting confection bits will not stick to
each other. This process is also standard practice in making
30 gummed candy, using starch or gelatin a5 the stAh; 1; 70r.
In accordance with the invention, glycerin is used as the
softening agent and humectant. A ~ ` ;nA~inn of 5ugar and cornl
syrup is used as the sweetener . At least about 5 0 96 by weight of ¦
the mixture is the blend of sweeteners. Consequently, the
35 resulting rnn~oAlod fruit confection having a high fruit intensity
will also have a lower temperature at which the congealed fruit
confection - Arhnrically changes into a solid or glass. This low
temperature, which in practice is approximately 0F, is known as
the glA~ inntion temperature, below which temperature the novel
40 gelled fruit confection a5sumeg the phygical characterigtics of a

~9 2~85522 ~'
SN-9392
;~
solLd whieh is frA~rJ~h~e. Another rhArAn~nrf at~r- of the c , 1~ '
_ruit ar~nfo~f ~ nn bitg ia that they have a relatively small eross
seetLon 80 that the crnfo~f~nn will eongeal and gLve up a
L7--ff~-7Pnt amount of water over ~ given time to reduce the water
5 netivity of the total volume of the rnnrJPAlPd ~ ~nfoe~ n. Sinee
the water must be removed from the c~nqoAlPA fruit e~nf~oc~ n to
imp~rt stiffness to the ,~ lt~n~J fruit bits, the sizo of the bits
Are relatively small. A ma~or d~ 'r~n of less than 0.75 inehes
is normnlly employed in the gum cAndy technclogy 80 far ~ ho~.
10 If Ithe novel r~ 7~JPAlod ruit r~-~nfrn~r~nr having high fru t
intensity and a low water activity, were to be uged A3 discrete
candy objects, as oppoged to mn7cing fruit clusters, a rel-~tively
large size could be used. 770wever, the pri~ary ~ 1
obieetive of the present invention is to produce relatively small
- 15 fruit eluster3 having a high fruit flavor rele~lse and using
eereals, grain and/or ehopped nutg. Such clugters are useful ~8
yogurt er~n~7l ' . Thia use gener~lly requires clufftors h_ving 1_
maximum rl~ nn of about 0.30 inche8. r - ~ lyr r r~ngoAlPrl
fruit r-^nfr~c~r~nR hàving rl~ -~r~nr. Arrr,~hin~J 0.75 inches would
20 be too large. Thus, in a~ c with nnother aspect of the
invention the ~ on~JPAlPd fruit confection bits are divided into
~xtremely small pieees. It hel~ been found in the standArd moulding
stareh proeess the mLnLmum -rrl~h~o gize of the 3t_reh e~vitieff
reeeiving the r-~r~eAlnhlr~ mixture ig Arrrr~Y7 'oly 0.30 inche3.
25 This Ls still a size which would not allow the cnnqoAlo~7 iruit
eonfeetion bits to be formed directly into gmall elusters, which
sm~ll cluster3 form the prLmary ~Al; ~ r~n of thè
present invention.
In A- 7~ c with ~nother aspect of the present invention,
30 the r~n~eAl~d frult c~nfo~f~n bits are ql~A~if7o~l to _
below the rJlAaa~flr~Af~r~n tr ~ c. Thereafter, the qlAva~f7,..7
r~n~o~lr~r7 fruit ~nfor t~nn bitg nre combined with a non-eaking
- ~gent, such as powdered l~ug~r, 8tarch powder or oat flour. In
A~ e with thls aspect of the invention, the qlAaa~flp~7 bits
35 nd non-eaking agents are ~ 1 into ~ -n~Al chopping or
~lieing deviee~ guch ag L food ~L~C~ aOL~ In prActice, An~7rsehel
*Comitrol is employed. As the bitff are LLr~ _ into smAll
pArtieles or c- ar they Are coAted with the non-e~king c-gent.~
q!his proeess produees individuAl jngged E _ ' or "chips" ccAted
40 with the non-gtieking Agent 80 th~t they will remain sepnrAte ~nd
- 5 -
TRAD~MAR~
I
. . .

~ ~ 2~ 85~22
SM-9392
distinct. After the ' -n;~-Al fracturing, the fruit frA_ ' ~, or
chips, if they are not being u8ed at once, are again cooled to a
t~ _tl~re near the ~lA~sific~A~tir)n temperature and preferably
below the ~lAFsifirAtinT~ t~ _ - c~LuL~.
In accordance with another aspect of the invention, the coate~d
L ~ or chips of the fT~ d c~ng?Aled fruit confection
bits are used as one constituent in a particulate ag~ Tl and
agitation process, with grains, such ag crisp rice or rolled oats,
and natural binders, such ag honey, to produce small clusters
having a general particle 3ize of about 0.25 inches. The small
frA ~ ~ or chips have an overall ~ jnn of less than about
0.15 inches 80 the fruit constituent of the aggl~ - ~ed clusters
is not ov~rh~Ari n~ ag in the cage of dried apple bits and merely
nestles i nt~rnAl ly within the clugter to produce a burst of fruit
flavor when the cluster is eaten. The L~ or chips of
C~n~oAl ~d fruit confection _ Re about 2596 of the total volume
of fruit clusters.
In accordance with the preferred --'i of the inventionl,
the cnn~e~l~d fruit confection is formed into discrete bits by
mixing the ingredientg and heating the mixture to a giverl
temperature which in the preferred ' --'i , is appr~Yir^te~ y
170F. The heated mixture ig deposited into discrete cavitie~s in
a l~in~ 8tarch bed. The bit8 could be formed by u~ ;n
various te~hnnlo~;~8. For in8tance, a flat gheet of a heated
mixture could be deposited onto a ~n~rAl ly flat _lrl;n~ starch
surface. The 1 ~3; n~ starch reves water to reduce the water
activity of the ~on~Al~d confection. Thereafter, the flat sheet is
cut into desired bits with a general size for subsequent
proc~ ;n~. In a like manner, during the o~ng~Al ;n-J process the
heated mixture can be extruded, like 1 ;r~r;~e strips, while
removing water to reduce the ~Tater activity with subsequent cutting
of the extruded r~n~A1~d fruit confection strip. ILL~"~e~;Live of
the standard proce8s used, the fruit collcellLL,.te is ~n~Alpr3 into
a firm particle which i8 referred to herein as a ~bit~. The bit is
then cooled below the ~lA~l;f;cAt;r~n temperature of the congealed
confection and LLo~ LuL~d into "frA3 ~" and/or "chips". These
small particles referred to herein as "~ ~" or "chips" are
then aggl~ ~ tF~l with appropriate dry foods, such as cerealsi
grains and chopped nuts by using honey and other natural binders.
40 The water activity of the c~n~eA1 ed fruit confect; nn is

22
SM-9392
substantially les3 than 0 . 40 . When agglomerated into a small
cluster, equalization of the water activity takes place with the
total water activity of the cluster being subgtantially less than
0.30 and preferably about 0.20. Since the frA; ts or chips have
a low water activity, which may approach 0.20, the grain, cereal,
or chopped nuts do not become soggy when _ i ned with the
fra; ~8 or chips to form small nuggets or clusters.
Consequently, the high fruit intensity fragments or chips maintain
the r~r;slpnp~s of the clugters in a manner at leagt as ~ffi~ tly
as dried apple bits; however, because of the general softness of
the fragments or bitg the fragments or bitg fit more lln;f~-rmly and
unnoticed into the fruit clugterg. The inherent sti~kinPss of the
fra; Ls or chips assist in the agglomeration process.
The primary object of the present invention is the provisioln
of a small fruit cluster having a fruit congtituent, which cluster
can be formed of a variety of fruits, has a low water activity and
a high fruit intensity to produce a fruit flavor release many times
more powerful per unit weight than heretofore obtainable.
Still another object of the present invention is the provision
of a fruit clugter, ag defined above, wherein the fruit constituent
has a soft texture, is not chewy, releases I,LI ~ U~I flavor and
does not distract from the crigpness of the I~ ;n;n~ constituents
of the cluster, which constituents are selected from the class
consisting of cereals, grains, nuts and mixtures thereof. I
Still a further object of the present invention is the
provision of a con~P~l Pd fruit confection bit having a high fruit
intensity and a low water activity.
Still a further object of the present invention is ths
provision of a confection bit, ag defined above, which confection
bit ; n~ p~3 pectin ag the 8~Ah; l; 7~r~ ingtead of starch and/or
gelatin .
Yet another object of the present invention is the provision
of a confection bit, ag defined above, which confection bit
; n~ pectin of greater than 1%, which level is at least about
twice the pectin level used in standard jellies.
Still a further object of the present invention is the
provision of a method for producing fruit chip8 having a .li ~ n
less than about 0.15 and formed from a congealed fruit confection
bit which has a ~ R~;f;~at;nn temperature, ig cooled below its
40 gl~q;fi~;stion temperature and then h;~n;~lly fractured into its

'- 21~522
--8--
SM-9392
3mall part;r~ te shape.
Another object of the present invention is the provision of
chip3 as defined above, which chip3 are incorporated with a food
product selected from the class consisting of cereals, grains, nuts
and mixtures thereof, to produce a gmall fruit cluster having a
high f ruit f lavor release .
Yet another object of the present invention is the provision
of a congealed f ruit bit which has a high percentage of pectin and
a low water activity. This bit can be formed in discrete molded
shape3 from l.lin~ gtarch cavitieg or form into other pieces by
cooling the heated high pectin mixture while removing water to
reduce the water activity.
These and other objects and advantage3 will become apparent
from the following description taken toge~hf~r with the ~ y ~ ng
drawings.
BRII~F DE~il;~Ir i _ OF T~E n~
FIGURE 1 is a flow chart illustrating the preferred ~ L
of the present invention for making gelled fruit confection bits
and producing f re~, Ls or chips theref rom;
FIGURE 2 i~ a flow chart showing the use of the _ Ls or
chips to make clusters, bars, spheres, and/or wafers;
FIGURE 2A is a f low chart showing an alternative to the
process illustrated in FIGURE 2;
FIGURE 3A is a pictorial view illustrating an attempt to
incoL~uLGLe fruit into a 3mall food clugter utili~in~ pieces o
dried fruit, which is not prior art but showg an advantage of the
present invention;
FIGURE 3B is a view similar to FIGURE 3A showing the present
invention used in a small _ood cluster;
FIGURE 4 is a r^^~nifi-~rl view of fragments formed by the
preferred ~ lQ~i- L of the invention; and,
FIGURE 5 is a cross-sectional view of a yogurt container
~howing fruit clusters of the present invention in a separate
compartment of the yogurt container.
}~r r nn.~
Re~erring now to the drawings wherein the ghowings are for the
purpose of illustrating the preferred ';~ Ls of the inventio
and not for the purpose of limiting same, FIGURE 1 i3 a flow chart

~ '-' 218~22
-q_
SM-9392
illustrating the procedure for producing a crn~e;~ cl fruit
confection that i8 particularly i~rrl ir~hle for making small fruit
clusters. The first step is blf-n~lin~ a fruit concentrate,
sweeteners, a bulking agent, glycerin and a high percentage of
5 pectin. In practice the pectin is the standard high methoxyl
pectin ( slow set HM or extra slow set HM) available from various
commercial sources. The mixture ig get forth in the following
table:
Ingredient Pounds Percentage
10 ~lll~h~rry Puree Concentrate 112.33 11.2
Sugar 313.00 31.3
Corn Syrup 2 0 3 . 0 0 2 0 . 3
Citric Acid 11.50 1.2
Glycerin 120 . 00 12 . 0
15 Maltodextrin 35.00 3.5
Sodium Citrate 4.60 .5
~atural Flavors 15.00 1.5
Pectin 12.50 1.2
Water 173 . 07 17 . 3
Total 1000 . 00 100 . 0
In the above example, the pectin is 1.20% of the mixture
blended in accordance with block 10 ghown in FIGURE 1. The fruit
concentrate is, in the illustrated; ' ~ L, b~ h~rry puree;
however, various fruit cu~lce~l~L-teg could be employed. In the
example, the conce~.~LOte ig 11.2% of the mixture and is about 30'%
fruit solids. Consequently, the mixture has a high fruit intensity
with at least 2-3% fruit solidg with a digting~ hAhle fruit flavor
to develop an intense f lavor release of the resulting congealed
fruit confection. Some candies use fruit juices as a sweetener
without any special flavor. The uge of guch a high percentage olf
fruit solids with a distinguishable fruit flavor creates a high
fruit intensity for the resulting confection that is not obt~in~hle
in normal starch and gelatin based congealed confections. In
accordance with the illustrated - ' i 1, the sweêtener prof ile
35 ;nrl~ 8 about 30% 8ugar and 20% corn ~iyrup. It has been found

~ - I
`-- 218~52~ 1
.
SM-9392
that this blend of _.. et is hon~fir~l and produces a ~hnrp
~7/~PC;f;ri~f;nn t~ _LuLe for ~ glassifying and
fr~rtllr;n~ Of the re8ulting rnn~e~-lod fruit ~Arnfer~nn. ~he
mal~otl-Y~rin is a bulking agent while the sodium oitrate, oltria
_cid and natural flavors ~re somewhat standard ingredients of
~ellios, as well as various l~rl fruit oonfeotions. As stated
prevlously, a novel feature of the rnngoAlPrl rnnfor~;~n itself
relates in the high 1~-'4~ e of peotln as a stablllzer with thc
Ougar blend and glyoerin. In the pregent invention, the amount of
pectln is greater than 1.0%. Thlg produoes a rong ~1Pr; fruit
confeotion in solid form that haa a high shel life due to low,
water aotlvity and i8 ~ , ' ihl-- with dry cereals for forming small
clusters. The hlgh frult intensity produces an intense flavor
release. Glycerin iB added to reduco the toughness of the
congealed fruit rnnfort~nn prob~bly by ~nlo~ lAr lllhr~rr~f;nn. In
;~rW~f~nn~ glycerln ig a I ~nt and reduceg the water activlty of
f the resultlng rnngo~lP~1 frul~ rnnfor1 ;nn The words "rult
-' intensity~ involves the ratlo of the percentage of frult solids to
the total weight of the resulting ~Ann~ lPd rnnfPrt;nn. The
p~ J-C employed in the pL~feLLel '; of the invention
as set forth above are repregentative in nature and may be adjusted
by A person skilled in the art to obtain the deslred
~rl Arr^~or~ ~tics of the present invention. The use of pectin ~nd
glycerln together with a high frult lntenslty rcsults ln the
improved rnn~ l od frult confeotion of the present lnventlon. As
illustr~ted by blook 12, the mixture is he_ted to a ~
A hove nbout 170F. An _dvantage of the present lnventlon over
st-rch based AnnrJoJ~ gum rnnfe~A~;nn~l ls that there i_ no
reSIuirement for oooking the mixture. Thls ~ir~ r~lly reduoes the
processing time to produce a ~ 3 fruit confectlon which hns
a higher fruit lntengity and better orrJrnnlor~;r A~Or;.tics
th_n prior annr,oAl o1 gum c_ndies without lnoreasing tha water
_ctlvity o the resultlng produot. The heated mixture 18 then
:- cnn~oJ~ whlle water is oytr~rted to produce a low water activity
35 And a irm rnnc; ~tonry for the annfort; nn. In the p~ ~fe~
' ' of the invention, the heated mixture is poured into
discrete cavities in a standard moulding staroh bed. These
cavities have the shape of the resulting bit B shown in FIGURI~
This bit has a diameter of about 0.35 inches _nd a height of about
40 0.30 incheg. Thege ,1; -;nn~ are about the smallest d; ;nn~
-- 10 --

. ~ ~
` ` ~18~S22
SM-9392
which can be obtained in zl moulding starch prcoe3s. The mixture is
retained ln the starch cavitles for two to three days 80 that water
is o~trP~ t~ by the starch from the ~ nnf~rt;~n to reduce the water
~ctivlty of the bit B. In practloe, these discrete bits formed in
5 c~vities have a LL.~h..~ or largegt 1; ;nn less than about
0.50 inches. This allows r l~rge surface area, in contuct with the
moulding starch, to extract water ~ff;~ ;ontly from the mixture ~8
it is being ~ nn~nlo~l into ~ firm bit B ghown ln FIGURE l. Bit B
~~ i~ about the smallest that oan be produoed and has a weight of
10 about 0.75 grams. In practice, blt B h_s ~- coating of I
~nnfotinn-~r~s glaze or wax, whlch preferably 18 carnauba wax- I
Thls wax covers the surface of blt B and prevents sticking of
~djacent blts ~. rnnQoqllontly~ the blt B ig a hlgh frult lntenslty
~nnfoct;nn blt whioh could be marketed ln the form of bit B as a
15 gum clmdy; however, the ~L~:reLL~i uge of the present inventlon is
the fnrr-t;nn of a fruit cluster. Other IJL~ oluL~li c~m be used for
rrn~ ;n~ the ~ nn~oA1~rl fruit ~nnfet;nn in sh~pes about the slze
of bit B. A flat ~ nn~J~.A1~ nnfo~t;nn that is cut into small
shapes similar to the size or volume of bit B. ~rtr--;nn is aloo
20 possible with slioing into the desired size. All of these
still result in a , ~ 1 fruit bit which is gre~ter in i
size than useful for producing gmall clugter2~, suoh as the type of
clusters used ln yogurt or brerkfast oereals. The blt B cocted,
wlth wax, as ;n~l~oAt~A by block 16, can be further part;n~ t~l by
25 another prooegg which formg an agpect of the present invention.
Referring now to blocks 20-26, block 20 is a process step of
glasslfying bits B or other disorete pieoes of the ~nn~ 1o~3 fruit
rnnfect;nn By ;nr1~-~1;n~ a high r~r~ontr~e of n~tur~l _ on~rn
about 50~ by weight, the bitg B do not freeze; however, they are
30 formed into a glass like I~LLU~ LuLe~ at a low t~ _ ~, which in
pr~ctice is approximately 0F. Thus, in ~ nr~9Dn~e with ~n aspect
of the invention, bit~ B are cooled to below the ~1A..;f~, At;nn
to _ e which is le_s than about sF. In thi~ ~1"c;f;. P,t;nn
cnn~;tin~ Litg B act a8 if they were bodies of fr~n~;hl~ gla88-
35 Bits 3 with a wax coAting, in the ~L~f~LL~d ~ re againcooled and stored in a cold ~ _ l~L.__..Led by block 22.
Thiu l--;ntA;n~ tho q1Aao;f;~ t;nn nnnrl;t;nn of bit B for
tr~msportation, if it is necessary or AAO; rAhl ~ to ship the
q1PQ;f;o~l bits to another looation. The glAco;f;~d bitg are mixed I
40 with ~ non-caking agent, guch ag powdered gugar, st~rch powder or I
-- 11 --

21 85522
8M-9392
oat flour. This process step is r~rrQ~Qn~c^d by block 24.
Thereafter, ~la~ ;r~l bits B ~re removed from the low ~ e
storAge and fed into ~n Arrrnrr;Ate ^n~rAl chopper or sllcer. ¦
This storage t~ represented by block 22 is le~s than the,
5 glass trAn~jt jnn t e, or ~lA~;f~rAt;nn t
fruit bits B. In a ~ . lAn~ c with the preferred '~ , the
storAge ' e is legs than 0F. The rnorhAn;rAl chopping or
slicing "ri"~ L found to be the most ~Ir~;rAhlA at the present
time is an Urschel Comitrol or a standard food l?L~ e8~JL. Bits B
aro -n;rAlly fractured, a8 ;nA;r~t 1 by block 26, into
relAtively small ~ or chips F, with a non-caking coating nc
n~ shown in FIGURB 1. These '~ or chips have A maximum
,i ; nn Of le~g than about 0 .15 inches and Are ~gged in
rnnf~rJIlrAt;rn~ but are co~Lted with A non-cAking ~gent 80 thAt they
rem~in as discrete pieces of the ~r-grAlA~l fruit rnnfrrt~nn.
In ar~orr7Anre with an alternative of the present inventLon,
bits B coated with wax cnn be mixed with a non-caking agent as
L.L. = ~rr~ by block 24a and then shaved or cut -~rA1ly as
~n~l~rAtQ~l by block 26a. This will produce chips of A ~mall sizo of
the fr- ~ F with a non-caking coating nc fcr use in
iruit clusters; however, it hag been found that the process of
~JlAQ~f;rAt;nn and then -n;rAl frActuring cf blts B is
pLere1-ed. Irrespective of the part;r~ t;nn process, the
rnnrJQAlr~d ma8g of high fruit intensity ronfrrt;r~n i8 reduced to a !
size substantially less than 0 .15 inche8 as ghown with respQct to
fragment F in FIGUR13 1. This fragment, or chip, however
part~rlllAtr~l~ i5 useful in producing small fruit clugters. The
pectin content of bits B is 1nrr~ A when water is w~th~lrA~n from
the bit as it il3 being _ -1Qr1~ The pectin is normally greater
than 1.25% in the mixture and approached 1.5~ in the resulting
_ ~ 1 r~l rnnf Art; nn
P~f~rr~nrJ now to FIGURF 2, the part;rl-lAt~l rnn~QAlrrl fruit
a8 frar,ment F in FIGURE 1, or a sliver or I
other type chip produced by blcck 26a is stored in A cold,
compartment shown as block 30. These ' _ ~ or chips Are ccated
with a non-caking agent nc sc thAt they remain discrete particles;
however, these fr- ~ should not be stored in large bulk wherein
the weight of the mass could compres8 or even recongeal the
~ or chips. IL~ y~,LLation of the cold f _ ~ or chips
is ~llll~frat~d by block 32 where they are small pieces which ~re
-- 12 --
1:

218S522
.
8~-9392
mixed with food produats selected from the class consistin~ of
cereals, grains, chopped nut0 or mixtures thereof with other food
o-lhot~n~ n, such as natural binders and additional flavors or
'."Tlf'ra. The8e 1 r~ ' or chips, in an amount of 20-50~ of
the total weight of the mixture, are brought together as indicateld
by block 34 into a moist con_tituent which is par~ At~l by an
a~ql, ~nn proceas with n~At;nn and ~-;rmllA~Inn until they are
~ormed into a small fruit cluster guch au L~ I od by cluster C
as shown in FIGURE 2. This cluster agglomeration proceas is welL
known in the art and is used for rro~ ; nq breakfast cercaL
clusters and other similar small olusters for the food industry.
The proceas of forming the clugter C can take .~ variety of forms
~nd does not constitute a part of the invention, Rlthough the
formation of the cluster itself is an agpect of the invention.
Thi8 ~ nn ~, ~.C~I"L" is illustrated as block 36. Clu_ter
C, as shown, inclades two discrete portions o_ f _ o F combined~
with chopped nuts n and fl~kea of grain g. This cluster is~
rref~rA~y about 25~ frait fragment F and the remainder binder,
L. ~ ~nDrsr grain, chopped nuts, flakes, cereals, etc. The overall
size of the cluster is about 0 . 25 inches . This cluster i8 cri0p
nnd easily chewable with an intenge fruit flavor profile. The
cluster has an overall ~; 'nn of between 0.25-0.75 inches. In
pr~ctlce the fl; inn ia approximately 0.25. The water aotivity,
aB ~gllAl; 7~8 with the dry a and honey, is ~bout 0.20.
8ince the water activity of fl--_ '~ or chipff F is relatively low,
the o~ts, criOp rice, chopped nut8 and other dry food products do
not become soggy or lose their n rl arn~o in the fruit and grain
cluster C. Only a small amount of honey is used as ~ binder. Thi
cluster will have a long sheLf life and will not oause ~^g~ - -- in
dry breakfast cere41 or in other food products. As in~ uA~t~ by
block 40, cluster C can be formed into a flat bar 50, cookie or
wafer 52 or a orh~rlrAl ball 54. An nlt.~rnstlve process ln I
~ re with the present lnvention is ~llll~.fr~lte.d in ~IGUR~ 2A I
where the chip or fragment F as illustr~ted in FIGURB 1 is
1 ~lA~ly mixed with the grain, _ ~n~r8 ~nd other cnnat~t~onta
o~ the clu0ter C a0 ~ af rAt~ in box 34a which mixture 18 then
aq~l ted as previously ~ he~l and a8 illugtrated in block
36~. Thi0 alternative proce0g doe0 not re~auire cold storage of the
small pieces and can be used when the chip or fragment F i0 formed
40 adiacent the aggl ~ nn proce0s eguipment.

~ 218S~22
SM-9392
In FIGURE 3A a cluster C' is formed with a piece of dried
apple A. Although thig is not prior ~rt to the present invention,
the cluster C ghown in FIGURE 313 inr~ n~ F is ~ drastic
_ . L over the cluster C ' . In cluster C ~, apple piece A
retains its distinct chewy rnn~i~t~nry and has a different texture
than the crisp grains or oereals forming the oluster. By using the~
present invention, ~ ' ~ or ohips F merely impart intense fruit ¦
flavor without distracting from the rr~ nrn~ and texture of the
primarily dry cluster by giving two 8eparate or75~nAl ~pf $ r
charact~-ri ~l ~rf . Elefore the pre3ent invention, only dried fruits
were An~lr;r~ d for uge in fruit clusters. This procesg was
extremely expensive and did not change the chewy rnn~ f~nry of the
dried fruit which was dL~teetJ~hl^ by the consumer. In FIGUBB 4,
' _ ~ F with coating particles nc are shown as seen through a
microscope.
~f~rr~nq now to FIGURE 5, the first: 'Al Arrl;rA~rn Of
the present lnvention ig illustrated. A yogurt cup 100 includes
yogurt Y in a re~rtArln 102 having an upper sealed lid 104.
C ' ' 106 receives a supply 110 of clusters C cull~Llu. Led in
a ~c rrrl-nre with the present invention. A consumer removes tha
cluster C and mixes them within yogurt Y after purchasing the I
rnnt~n~r 100. In the ag~ rn proceg8, honey, brown sugar¦
and corn syrup is combined to control texture of the resulting
oluster after it hag been a~ d and dried. This has less
than 0.5 grams of fat per gerving and Approximately 40 calories per
gram of finished cluster. ~hug, the cluster is rl~ if i~.cl as "fat
free" by the FDA. clugter C is quite crigp. ~he stickiness of
fragment F ~ssists in the ag~l i rn prooegg without ~dversely
Aff~r~ rr~rn.c~ or the ~, ~n~n~ constituents. Part~rl~lAfinn
of the bits B into the small ~ ~ F oould be done with other
fruit rrnf~ortinn~ such as a rnnfrr~r~n without glycerin. Indeed,
Lt m_y be possible when uging gtarch and/or gelatin; however, the
invention is a unique rrn~J l r~i fruit confection and method of
- rrnc"~;n l rnn~Al~d fruit rrnf~r~irn~ in general. The preferred
starting material of the methods is the unique confection of the
O pre8ent invention. It has been found that starch in prior
confections has a tendency to magk flavor. Pectin gives a cleaner
and faster flavor release f.~lp~r~Ally at low water activity. Wax is
not used on the LL. ~ F bec~use this will adversely affect '
_ , L urJgl ~ nn into olusters C.
-- 14 --

Representative Drawing
A single figure which represents the drawing illustrating the invention.
Administrative Status

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Event History

Description Date
Time Limit for Reversal Expired 2011-11-22
Letter Sent 2010-11-22
Inactive: Office letter 2004-12-14
Letter Sent 2004-05-12
Letter Sent 2003-01-15
Grant by Issuance 1998-06-09
Inactive: Filing certificate - RFE (English) 1998-03-26
Divisional Requirements Determined Compliant 1998-03-20
Pre-grant 1998-01-15
Inactive: Final fee received 1998-01-15
Letter Sent 1997-08-14
Notice of Allowance is Issued 1997-08-14
Notice of Allowance is Issued 1997-08-14
4 1997-08-14
Inactive: Application prosecuted on TS as of Log entry date 1997-08-11
Inactive: Status info is complete as of Log entry date 1997-08-11
Inactive: Approved for allowance (AFA) 1997-07-31
Request for Examination Requirements Determined Compliant 1996-09-13
All Requirements for Examination Determined Compliant 1996-09-13
Application Received - Divisional 1996-09-13
Application Published (Open to Public Inspection) 1995-09-29

Abandonment History

There is no abandonment history.

Maintenance Fee

The last payment was received on 1997-10-21

Note : If the full payment has not been received on or before the date indicated, a further fee may be required which may be one of the following

  • the reinstatement fee;
  • the late payment fee; or
  • additional fee to reverse deemed expiry.

Patent fees are adjusted on the 1st of January every year. The amounts above are the current amounts if received by December 31 of the current year.
Please refer to the CIPO Patent Fees web page to see all current fee amounts.

Fee History

Fee Type Anniversary Year Due Date Paid Date
MF (application, 3rd anniv.) - standard 03 1997-11-24 1997-10-21
Final fee - standard 1998-01-15
MF (patent, 4th anniv.) - standard 1998-11-23 1998-10-19
MF (patent, 5th anniv.) - standard 1999-11-22 1999-10-26
MF (patent, 6th anniv.) - standard 2000-11-22 2000-11-02
MF (patent, 7th anniv.) - standard 2001-11-22 2001-10-23
MF (patent, 8th anniv.) - standard 2002-11-22 2002-11-08
MF (patent, 9th anniv.) - standard 2003-11-24 2002-11-20
MF (patent, 10th anniv.) - standard 2004-11-22 2004-11-04
MF (patent, 11th anniv.) - standard 2005-11-22 2005-11-02
MF (patent, 12th anniv.) - standard 2006-11-22 2006-10-30
MF (patent, 13th anniv.) - standard 2007-11-22 2007-10-30
MF (patent, 14th anniv.) - standard 2008-11-24 2008-10-30
MF (patent, 15th anniv.) - standard 2009-11-23 2009-10-30
Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
J.M. SMUCKER COMPANY (THE)
Past Owners on Record
DAVID J. MUENZ
HAROLD J. HOCHSTETLER
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
Documents

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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Cover Page 1997-01-13 1 17
Abstract 1995-09-28 1 14
Description 1995-09-28 14 829
Claims 1995-09-28 2 46
Drawings 1995-09-28 5 91
Cover Page 1998-06-04 1 36
Representative drawing 1998-06-02 1 4
Commissioner's Notice - Application Found Allowable 1997-08-13 1 164
Filing Certificate (English) 1998-03-25 1 165
Maintenance Fee Notice 2011-01-03 1 171
Fees 2002-11-07 1 33
Correspondence 2003-01-14 1 12
Fees 2003-11-06 1 32
Fees 1999-10-25 1 29
Correspondence 1998-01-14 1 32
Fees 1998-10-18 1 34
Fees 2001-10-22 1 29
Fees 1997-10-20 1 31
Fees 2000-11-01 1 28
Correspondence 2004-05-11 1 15
Correspondence 2004-12-13 1 15
Fees 2004-11-07 1 33
Fees 1997-09-12 1 56