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Patent 2571931 Summary

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Claims and Abstract availability

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(12) Patent Application: (11) CA 2571931
(54) English Title: METHOD FOR PRODUCING A SENSORY-STIMULATING EFFECT
(54) French Title: METHODE DE PRODUCTION D'UN EFFET A STIMULATION SENSORIELLE
Status: Deemed Abandoned and Beyond the Period of Reinstatement - Pending Response to Notice of Disregarded Communication
Bibliographic Data
(51) International Patent Classification (IPC):
  • A61L 9/14 (2006.01)
  • A23L 5/00 (2016.01)
  • A23L 33/00 (2016.01)
  • B65B 31/04 (2006.01)
(72) Inventors :
  • HEUER, MARVIN (Canada)
  • CLEMENT, KEN (Canada)
  • SCALISI, VINCENT (Canada)
(73) Owners :
  • H3 FORMULATIONS LTD.
(71) Applicants :
  • H3 FORMULATIONS LTD. (Canada)
(74) Agent: TORYS LLP
(74) Associate agent:
(45) Issued:
(22) Filed Date: 2006-12-21
(41) Open to Public Inspection: 2008-06-21
Examination requested: 2011-12-14
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: None

Abstracts

English Abstract


The present invention relates to a method for producing a sensory stimulating
effect upon the opening of a vessel containing a nutritional or dietary
supplement. The sensory stimulating effect occurs each time the vessel is
opened and without shaking or disturbance of the vessel prior to said opening.
At least some of the nutritional or dietary supplement is fine-milled to
produce
particles of an effective size and an effective weight to provide the desired
effect upon opening the vessel.


Claims

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


Claims
What is claimed:
1. A method of producing a sensory-stimulating effect of a composition
comprising:
supplying, in a closed container said composition containing one
or more ingredients, wherein said one or more
ingredients are in a powdered format, having an effective
particle size, and having an effective particle weight,
wherein said one or more ingredients are present in an
amount sufficient to produce a substantially uniform and
randomly-dispersed visual effect;
opening said closed container and releasing a plurality of
particles of said one or more ingredients into the
atmosphere and producing said substantially uniform and
randomly-dispersed visual effect; and
whereby the release of said plurality of particles is a result of
said effective particle size, said effective particle weight,
an internal container atmospheric pressure and an
external container atmospheric pressure.
2. The method of Claim 1 wherein, said substantially uniform or randomly
dispersed visual effect occurs each time said closed container is
opened.
3. The method of Claim 1 wherein, said substantially uniform or randomly
dispersed visual effect occurs without shaking and disturbing said
composition prior to opening said closed container.
12

4. The method of Claim 1 wherein, said internal container has an
atmospheric pressure greater than the atmospheric pressure external
to said container.
5. The method Claim 1 wherein, the opening of said container includes
removing a closing means whereby a partial vacuum inside said
container is generated.
6. The method of Claim 5 wherein, said partial vacuum generates an air
current upon pressure equilibrium inside said container.
7. The method of Claim 1 wherein, said effective particle size is from
about 2 to about 50 microns.
8. The method of Claim 1 wherein, said visual effect is a vapor-like
appearance.
9. The method of Claim 1 wherein, said visual effect is a smoke-like
appearance.
10. The method of Claim 1 wherein, said visual effect is a cloud-like
appearance.
11. The method of Claim 1 wherein, said visual effect is a fog-like
appearance.
12. The method of Claim 1 wherein, said visual effect is a mist-like
appearance.
13. The method of Claim 1 wherein said one or more ingredients further
comprises a first color such that said substantially uniform and
randomly-dispersed visual effect is released as said first color.
14. The method of Claim 1 further comprising a scent such that said visual
effect is released with said scent.
13

15. The method of Claim 14 wherein said scent is menthol.
16. A method of producing a sensory-stimulating effect of a composition
comprising:
supplying, in a closed container said composition containing one
or more ingredients, wherein said one or more
ingredients are in a powdered format, having an effective
particle size, and having an effective particle weight
wherein said one or more ingredient are present in an
amount sufficient to produce a substantially uniform and
randomly-dispersed olfactory effect;
opening said closed container and releasing a plurality of
particles of said one or more ingredients into the
atmosphere and producing said substantially uniform and
randomly-dispersed olfactory effect; and
whereby the release of said plurality of particles is a result of
said effective particle size, said effective particle weight,
an internal container atmospheric pressure and an
external container atmospheric pressure.
17. The method of Claim 16 wherein said olfactory effect is a menthol
scent.
18. The method of Claim 16 wherein said olfactory effect is a pine scent.
19. The method of Claim 16 wherein said olfactory effect is a cinnamon
scent.
20. The method of Claim 16 wherein said olfactory effect is a vanilla scent.
14

21. The method of Claim 16 wherein said olfactory effect is a strawberry
scent.
22. The method of Claim 16 wherein said olfactory effect is a chocolate
scent.
23. The method of Claim 16 wherein said olfactory effect is a citrus scent,
wherein said citrus scent is selected from one or more species belong
to the citrus genus.
24. The method of Claim 16 wherein olfactory effect scent is a fruit-punch
scent.

Description

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


CA 02571931 2006-12-21
METHOD FOR PRODUCING A SENSORY-STIMULATING EFFECT
Field of the Invention
The present invention relates to a method for producing a sensory-
stimulating effect upon the opening of a containment vessel, hereinafter
referred to as the "container", containing a nutritional or dietary
supplement,
wherein the sensory-stimulating effect occurs each time the containment
vessel is opened and without shaking or disturbance of the containment
vessel prior to opening.
Background of the Invention
The nutritional and dietary supplement industry produces a plethora of
marketable products every year. These products include various
compositions such as protein powders, creatine-based products, and amino
acids geared products, just to name a few. These products and product
formulations are typically indistinguishable from one another based on
sensory cues and visual properties alone. For example, most powdered
based formulations have a bland yellowish color and flour like texture.
Furthermore, these powders, once opened or outside the product container
are typically indistinguishable from the visual properties and sensory effects
of
other powdered based products. The bland appearance and lack of sensory-
stimulating effects of these products is not very enticing to a consumer.
Naturally, the nutritional and dietary supplement industry's main focus
is to distinguish the products through improved product composition and
formulations. However, improved formulations and compositions still lack the
necessary sensory-stimulating effect to entice and excite a consumer's
sensory system. For the most part, enticement and excitement of a consumer
1

CA 02571931 2006-12-21
is provided though means of creative packaging, advertising, marketing, and
35 promotions. However, the same problem arises once the consumer brings
the product home and opens the product container. Once more, the
consumer is confronted with the bland appearance and little if any sensory-
stimulating effect upon the opening of the container.
The present invention seeks to provide sensory-stimulation effect to a
40 user, of a composition, wherein the sensory stimulating effect occurs each
time a container comprising the composition is opened.
Summary of the Invention
The foregoing needs and other needs and objectives that will become
apparent for the following description are achieved in the present invention,
45 which comprises a method of producing a sensory stimulating effect of a
composition upon the opening of a container. Within the container, one or
more ingredients are supplied in a powdered format wherein at least a portion
of the powdered particles have an effective size and effective weight so as to
disperse upon the opening the container, providing a substantially uniform
50 and randomly-dispersed sensory effect.
According to one embodiment, a user is afforded a sensory-stimulating
effect upon opening a containment vessel containing a powdered nutritional or
dietary supplement. An aspect of the present invention is that the
aforementioned sensory-stimulating effect is repeated for subsequent
55 openings of the container. It is yet a further aspect of the invention that
the
sensory-stimulating effect is provided in the absence of undue agitation or
disruption of the container contents.
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CA 02571931 2006-12-21
In another embodiment of the invention, the powdered nutritional or
dietary supplement or portion thereof is colored such that the sensory-
60 stimulating effect provided to the user is afforded said color.
In yet another embodiment of the invention the powdered nutritional or
dietary supplement is provided with a scent such that sensory-stimulating
effect is provided with a scent.
Detailed Description of the Invention
65 In the following description, for the purposes of explanation, numerous
specific details are set forth in order to provide a thorough understanding of
the present invention. It will be apparent, however, to one of ordinary skill
in
the art that the present invention may be practiced without these specific
details.
70 Presently, the nutritional and dietary supplement industry produces and
markets several compositions wherein a powdered format is preferred. The
packaging and composition of nutritional or dietary supplements presently
distributed, marketed, and sold within the industry provide little or no
sensory-
stimulation to a user. As such, the present invention seeks to engage the
75 user by way of a method employing a composition to provide sensory-
stimulation and enjoyment upon opening a container comprising a nutritional
or dietary supplement.
In one embodiment of the invention an effective amount of the claimed
composition is provided with particles of an effective size and of an
effective
80 weight such that the powdered nutritional or dietary composition will
provide a
sensory-stimulating effect to a user upon opening a container.
3

CA 02571931 2006-12-21
According to a first aspect of the invention a method and composition is
provided such that a user upon opening a container comprising a powdered
nutritional or dietary supplement is provided with a sensory-stimulating
effect.
85 In a second aspect of the present invention the aforementioned
sensory-stimulating effect is repeated for subsequent openings of the
container.
It is a further aspect of the invention that the sensory-stimulating effect
is provided in the absence of undue agitation or disruption of the container
90 contents.
In another embodiment of the invention, the composition or portion of
the composition is colored such that the sensory-stimulating effect provided
to
a user is afforded said color.
In yet another embodiment of the invention, the composition is
95 provided with a scent such that an olfactory sensory-stimulating effect
upon
opening the container, for example menthol scent or lemon scent. Additional
scents include but are not limited to pine, citrus, fruit-punch, chocolate,
strawberry, vanilla and cinnamon.
As used herein, the term "container" refers to a containment vessel,
100 wherein the containment vessel is equipped with a closing means.
As used herein, the term "sensory-stimulation" refers to the evocation
of one or all of an individual's perception modalities. Perception modalities
may be selected from the group consisting of olfactory stimulation, visual
stimulation and gustatory stimulation. The sensory-stimulation may further, in
105 the interests of the present invention, be defined as any stimulus within
an
individual's given receptive fields having sufficient abilities to evoke the
signal
4

CA 02571931 2006-12-21
transduction of a sensory receptor causing neuronal impulse generation and
conduction integration at the central nervous system such that sensation and
perception of the stimulus is achieved.
110 As used herein, the term "visual effect" refers to substantially uniform
appearance of randomly-dispersed airborne fine-milled particles. Said visual
effect is apparent to a user as a vapor-like, smoke-like, cloud-like, fog-
like, or
mist-like formation.
As used herein, the term "particle size" refers to the diameter of the
115 particle. In one embodiment, at least 80% of the particles in a given
sample
will be in the specified particle size range, and in another embodiment, at
least 90% of the particles in a given sample will have the specified particle
size range.
PARTICLE MICRONIZATION
120 According to one aspect of the present invention the method utilizes
fine-milled particles and the related properties thereof to achieve the
sensory-
stimulating effect. In embodiments of the present invention, at least a
portion
of the powdered nutritional or dietary supplement is fine-milled.
As used herein, the terms "fine-milled" and/or "fine-milling" refers to the
125 process of micronization. Micronization is a mechanical process which
involves the application of force to a particle, thereby resulting in a
reduction
in the size of said particle.
U.S. Provisional Application No. 60/776,325 entitled: "Compositions
and Method for Increasing Bioavailability of Compositions for Performance
130 Improvement", which is herein fully incorporated by reference, discloses a

CA 02571931 2006-12-21
method of improving the absorption, palatability, taste, texture and
bioavailability of compounds by increasing the solubility.
Dry milling or nanosuspensions are often made by air-jet milling and
wet-milling in pearl mills and rotor-stator mills are used in the
micronization
135 process.
Methods of milling particles can be those such as hammer mills,
cryogenic hammer mills, fluid and air jet milling, jaw crushing, and high-
pressure dispersion milling. These are methods of medialess milling.
Hammer milling produces particles of typically 30-500 microns. At ambient
140 temperatures, rotating hammers which strike the particles repeatedly
reduce
the particle size to a point where they can pass through a screen. If
required,
the process can also be done at lower temperatures. During the process of
jet milling, particles are suspended in flowing streams of air where they are
targeted at either themselves or a stationary target. This results in a fine
grind
145 wherein a particle size is typically 1-10 microns.
The preferred type of medialess milling that can be employed is high
pressure dispersion milling. In this type of particle milling dispersions are
pressurized to 10,000-50,000 psi. At this point, the pressure is rapidly
released. This release in pressure causes cavitation and grinding. Particles
150 of 0.5 to 1 micron are typically produced via this method.
In the process known as media milling, balls, pebbles or other media
such as sand are added to the material to be ground in order to reduce
particle size. The collisions of the media with material to be ground results
in
the breakage of the particles. Using media milling, particles can be milled to
155 an average size of 0.1 micron with relative ease. Through control of the
6

CA 02571931 2006-12-21
grinding time and force with which the material is ground, virtually any
particle
size can be obtained. A media mill can be used with or without any liquids
additives, although water or other solvents are commonly used to produce the
finest particles.
160 Acceptable fine-milling technique result in fine-milled particles having
an average particle size of between from about 50 microns to about 2
microns. The reduction in size of the particles increases the surface area-to-
volume ratio of each particle.
The reduction in particle size also concomitantly imparts a reduced
165 weight to each particle. This reduction in the weight of each particle
will result
in a reduced need of energy input to sufficiently cause a disturbance of the
particle upon opening of the container. Therefore, the act of opening the
container will cause sufficient disturbance of the powdered nutritional and
dietary supplement.
170 The size of a particle can be determined by methods known within the
art. Methods for particle size determination which may be employed are for
example, e.g., sieves, sedimentation, electrozone sensing (Coulter counter),
microscopy, and/or Low Angle Laser Light Scattering. The preferred methods
for the particle size determination of the present invention are those methods
175 which are most commonly used in the pharmaceutical industry, such as laser
diffraction, e.g., via light scattering Coulter Delsa 440SX.
One aspect of the invention involves applying the fine-milling process
to one or more of the ingredients. Only those ingredients that result in a
reduction in particle size and a reduced weight as a result of the fine-
milling
180 process are employed for providing the desired sensory-stimulating effect.
7

CA 02571931 2006-12-21
The combined effective size and effective weight characteristics of
each particle forms a ratio of an effective particle density such that the
desired
effect is achievable, thus forming suitable particle characteristics.
Substances having said suitable particle characteristics may be
185 selected from those generally considered as nutritional and dietary
supplement excipients. Alternatively, or in combination with said excipients,
substances having suitable characteristics to achieve the desired effect may
be those considered to be active ingredients in nutritional and dietary
supplements. Furthermore, both medicinal and non-medicinal ingredients
190 used in nutritional and dietary supplements may be suitable to provide the
desired effect of the present invention.
The preferred nutritional and dietary supplement excipients that are
employed for providing the desired sensory-stimulating effect include, but not
limited to L-arginine base, L-leucine powder, creatine monohydrate and
195 maltodextrin. According to one embodiement said excipients are provided in
a ratio of about 9 parts L-arginine base to 110 parts of the total
compositional
mass, of about 1 part L-leucine powder to 22 parts of the total compositional
mass, of about 1 part creatine monohydrate to 88 parts of the total
compositional mass, and of about 5 parts maltodextrin to 22 parts of the total
200 compositional mass.
Additionally acceptable nutritional and dietary supplement ingredients
may include, but arenot limited to aspartame, silicon dioxide, cellulose and
derivatives thereof, starches such those from corn, oats, wheat and rice and
derivatives thereof, silica and derivatives thereof, creatinol and derivatives
205 thereof, alanine and derivatives thereof, methionine and derivatives
thereof,
8

CA 02571931 2006-12-21
phenylalanine and derivatives thereof, tryptophan and derivatives thereof,
lysine and derivatives thereof, glutamine and derivatives thereof, glutamic
acid and derivatives thereof, serine and derivatives thereof, proline and
derivatives thereof, valine and derivatives thereof, isoleucine and
derivatives
210 thereof, cysteine and derivatives thereof, tyrosine and derivatives
thereof,
histidine and derivatives thereof, arginine and derivatives thereof,
asparagine
and derivatives thereof, asparatic acid and derivatives thereof, threonine and
derivatives thereof, citrulline and derivatives thereof, ketoacids and
derivatives
thereof, ketoisocaproic acid, ketoisovaleric acid, alpha ketoglutarate, whey
215 protein and derivatives thereof, soy protein isolate, alpha lipoic acid
and
derivatives thereof, corosolic acid and derivatives thereof, chromium
polynicotinate, niacin.
SENSORY-STIMULATING EFFECT
In one embodiment of the present invention, a container comprising a
220 composition of one or more ingredients is provided to a user. At least a
one
ingredient contained within the composition having received the fine-milling
process resulting in a fine-milled powder. The fine-milled ingredients are
included in the composition in a sufficient quantity such that upon opening
the
container a disbursement of a plurality of the fine-milled powder particles
225 achieved, thus contributing to the effect.
The ingredients provided in the composition as a fine-milled powder
are selected from a group of ingredients which because of the fine-milling
process are of an effective size and effective weight to produce the
disbursement of a plurality of the fine-milled powder particles upon opening.
230 According to one aspect of invention the fine-milled particles are
provided in a
9

CA 02571931 2006-12-21
sufficient quantity and in a sufficient concentration such that the particles
are
disturbed by air currents generated from the opening the container.
Additionally, the sufficient quantity and sufficient concentration of fine-
milled
particles results in the repetitive ability to produce the desired sensory-
235 stimulation each time the container is opened.
According to an embodiment of the invention, the removal of the
containers closing means in a substantially outward direction, relative the
container, at an effective velocity results in the generation of partial
vacuum
inside the container. As the relative atmospheric presures equilibrate, both
240 internal and external of the vessel an air current is generated. Owing to
the
effective size and effective weight of the fine-milled particle, the resultant
air
current is sufficient to cause the release and disbursement of a portion of
the
fine-milled particles belonging to the nutritional or dietary supplement mass.
The release of said particles produces a visual effect having a sensory-
245 stimulating effect of substantially uniform appearance wherein the
particles
are randomly dispersed. The visual effect is apparent to a user as a vapor-
like, smoke-like, cloud-like, fog-like, or mist-like formation.
According to another embodiment, the inside of the container has an
atmospheric pressure greater than that of the external side of the container,
250 Upon opening the container, the internal atmospheric pressure is released
as
the relative internal and external atmospheric pressure equilibrate and a
current of air is thus generated. Owing the properties of the fine-milled
particles, their respective size and weight, the generated air current is
sufficient so as to cause the fine-milled particles to be disrupted in a
255 substantially uniform and randomly-dispersed visual effect. The visual
effect

CA 02571931 2006-12-21
providing sensory-stimulation is apparent both internal to the container and
external to the container and most preferably about the opening of said
container. The visual effect is apparent to a user as a vapor-like, smoke-
like,
cloud-like, fog-like, or mist-like formation.
260 The resultant sensory-stimulation effect evokes one or all of an
individual's perception modalities. The sensory-stimulation may thus
stimulate an individual's given receptive fields and evoke the signal
transduction of a sensory receptor causing neuronal impulse generation and
conduction integration at the central nervous system such that sensation and
265 perception of the stimulus is achieved.
Although the preceding description illustrates the practice of the
present invention in several embodiments, the embodiments should not be
taken as limiting the scope of the invention. Other embodiments will be
apparent to those skilled in the art from consideration of the specification
of
270 the following example.
11

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Administrative Status

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Please note that "Inactive:" events refers to events no longer in use in our new back-office solution.

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Event History

Description Date
Revocation of Agent Requirements Determined Compliant 2022-02-03
Appointment of Agent Requirements Determined Compliant 2022-02-03
Inactive: IPC deactivated 2016-03-12
Inactive: IPC deactivated 2016-03-12
Inactive: IPC assigned 2016-01-18
Inactive: IPC assigned 2016-01-18
Inactive: IPC expired 2016-01-01
Inactive: IPC expired 2016-01-01
Application Not Reinstated by Deadline 2013-12-23
Time Limit for Reversal Expired 2013-12-23
Deemed Abandoned - Failure to Respond to Maintenance Fee Notice 2012-12-21
Letter Sent 2011-12-23
Request for Examination Received 2011-12-14
All Requirements for Examination Determined Compliant 2011-12-14
Request for Examination Requirements Determined Compliant 2011-12-14
Application Published (Open to Public Inspection) 2008-06-21
Inactive: Cover page published 2008-06-20
Inactive: Correspondence - Formalities 2008-04-09
Letter Sent 2008-04-09
Letter Sent 2008-02-25
Inactive: First IPC assigned 2008-01-30
Inactive: IPC assigned 2008-01-30
Inactive: IPC assigned 2008-01-21
Inactive: IPC assigned 2008-01-21
Inactive: IPC assigned 2008-01-21
Inactive: Single transfer 2007-12-14
Inactive: Courtesy letter - Evidence 2007-01-30
Inactive: Filing certificate - No RFE (English) 2007-01-26
Application Received - Regular National 2007-01-26

Abandonment History

Abandonment Date Reason Reinstatement Date
2012-12-21

Maintenance Fee

The last payment was received on 2011-11-11

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
Application fee - standard 2006-12-21
Registration of a document 2006-12-21
Registration of a document 2007-12-14
MF (application, 2nd anniv.) - standard 02 2008-12-22 2008-11-25
MF (application, 3rd anniv.) - standard 03 2009-12-21 2009-11-18
MF (application, 4th anniv.) - standard 04 2010-12-21 2010-11-24
MF (application, 5th anniv.) - standard 05 2011-12-21 2011-11-11
Request for examination - standard 2011-12-14
Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
H3 FORMULATIONS LTD.
Past Owners on Record
KEN CLEMENT
MARVIN HEUER
VINCENT SCALISI
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Description 2006-12-20 11 424
Claims 2006-12-20 4 101
Abstract 2006-12-20 1 13
Cover Page 2008-06-08 1 27
Filing Certificate (English) 2007-01-25 1 167
Courtesy - Certificate of registration (related document(s)) 2008-02-24 1 108
Courtesy - Certificate of registration (related document(s)) 2008-04-08 1 105
Reminder of maintenance fee due 2008-08-24 1 112
Reminder - Request for Examination 2011-08-22 1 122
Acknowledgement of Request for Examination 2011-12-22 1 177
Courtesy - Abandonment Letter (Maintenance Fee) 2013-02-14 1 173
Fees 2011-11-10 1 155
Correspondence 2007-01-25 1 26
Correspondence 2008-04-08 4 56
Fees 2008-11-24 1 38
Fees 2010-11-23 1 200