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Patent 3079993 Summary

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(12) Patent: (11) CA 3079993
(54) English Title: COMPOSITION AND METHOD FOR GERMINATIVE COMPOUNDS IN PROBIOTIC FOOD AND BEVERAGE PRODUCTS FOR HUMAN CONSUMPTION
(54) French Title: COMPOSITION ET PROCEDE POUR DES COMPOSES GERMINATIFS DANS DES PRODUITS ALIMENTAIRES ET DES BOISSONS PROBIOTIQUES POUR LA CONSOMMATION HUMAINE
Status: Granted and Issued
Bibliographic Data
(51) International Patent Classification (IPC):
  • A23L 33/135 (2016.01)
  • A23L 2/52 (2006.01)
  • A23L 33/16 (2016.01)
  • A23L 33/175 (2016.01)
  • A23L 33/18 (2016.01)
  • A61K 31/198 (2006.01)
  • A61K 35/742 (2015.01)
  • C12N 1/20 (2006.01)
(72) Inventors :
  • CHURCH, JORDAN E. (United States of America)
  • EVERETT, GABRIEL F.K. (United States of America)
  • GREENWALD, CHARLES J. (United States of America)
  • LEVY, JR., LESTER (United States of America)
(73) Owners :
  • NCH CORPORATION
(71) Applicants :
  • NCH CORPORATION (United States of America)
(74) Agent: MARKS & CLERK
(74) Associate agent:
(45) Issued: 2022-09-20
(86) PCT Filing Date: 2018-11-02
(87) Open to Public Inspection: 2019-05-09
Examination requested: 2021-11-30
Availability of licence: N/A
Dedicated to the Public: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): Yes
(86) PCT Filing Number: PCT/US2018/058944
(87) International Publication Number: US2018058944
(85) National Entry: 2020-04-22

(30) Application Priority Data:
Application No. Country/Territory Date
62/581,324 (United States of America) 2017-11-03
62/596,424 (United States of America) 2017-12-08

Abstracts

English Abstract

A composition and method for activating probiotic spores in food and beverage products, such as steeped teas, coffee, soups, and sauces. A nutrient-germinant composition comprises one or more L-amino acids, optionally one or more buffers to maintain the pH of the composition when added to water in a range of around 6-8, optionally D-glucose, D-fructose, or both D-glucose and D-fructose, and optionally, an osmoprotectant. The nutrient-germinant composition, one or more species of Bacillus spores, and a food or beverage product may be pre-mixed in any combination. Water is added to the mixture and heated to a temperature range of 42 to 100°C to germinate the probiotic spores prior to being consumed.


French Abstract

La présente invention concerne une composition et un procédé d'activation de spores probiotiques dans des produits alimentaires et des boissons, tels que du thé infusé, du café, des soupes et des sauces. Une composition d'agent de germination nutritive comprend un ou plusieurs acides L-aminés, éventuellement un ou plusieurs tampons pour maintenir le pH de la composition, lorsqu'elle est ajoutée à de l'eau, dans une plage d'environ 6 à 8, éventuellement du D-glucose, du D-fructose, ou à la fois du D-glucose et du D-fructose, et éventuellement un osmoprotecteur. La composition d'agent de germination nutritive, une ou plusieurs espèces de spores de Bacillus et un produit alimentaire ou une boisson peuvent être pré-mélangés dans n'importe quelle combinaison. De l'eau est ajoutée au mélange et chauffée dans une plage de température de 42 à 100 °C pour faire germer les spores probiotiques avant d'être consommées.

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 probiotic food or beverage composition for human consumption, the
composition
comprising:
one or more Bacillus species in spore form;
one or more L-amino acids;
any variety of food or beverage product;
one or more phosphate buffers to maintain the pH of the composition when added
to
water in a range of around 6-8;
wherein the composition is heated to a temperature in a range of 42 C. to 100
C.;
and
wherein the food or beverage product is any variety of tea, coffee, hot
chocolate,
soup, gravy, or sauce.
2. The probiotic food or beverage composition according to claim 1 wherein
the one or
more the L-amino acids is L-alanine, L-asparagine, L-valine, L-cysteine, a
hydrolysate of
soy protein, or a combination thereof.
3. The probiotic food or beverage composition according to claim 2 wherein
the
composition further comprises at least one of the following: (1) D-glucose,
(2) D-fructose,
(3) an osmoprotectant or (4) a source of potassium ions.
4. The probiotic food or beverage composition according to claim 1 wherein
the
composition further comprises at least two of the following: (1) D-glucose,
(2) D-fructose,
(3) an osmoprotectant and (4) a source of potassium ions.
5. The probiotic food or beverage composition according to claim 2 further
comprising
potassium chloride.
6. The probiotic food or beverage composition according to claim 2 wherein
the
Bacillus species are one or more of Bacillus licheniformis, Bacillus
subtillis, Bacillus
13
Date Recue/Date Received 2022-03-25

amyloliquiefaciens, Bacillus polymyxa, Bacillus thuringiensis, Bacillus
megaterium, Bacillus
coagulans, Bacillus lentus, Bacillus clausii, Bacillus circulans, Bacillus
firmus, Bacillus
lactis, Bacillus laterosporus, Bacillus laevolacticus, Bacillus pumilus,
Bacillus simplex,
Bacillus sphaericus, Bacillus sonorensis, Bacillus, horneckiae, Bacillus
axarquiensis,
Bacillus mucilaginosus, Bacillus olivae.
7. The probiotic food or beverage composition according to claim 2 wherein
the
Bacillus species are Bacillus licheniformis, or Bacillus subtilis, or a
combination thereof.
8. The probiotic food or beverage composition according to claim 7 wherein
the
Bacillus species are two different strains of Bacillus licheniformis and at
least one strain of
Bacillus subtilis.
9. The probiotic food or beverage composition according to claim 8 wherein
the
Bacillus species comprises around 40% of a first strain of Bacillus
licheniformis, around
40% of a second strain of Bacillus licheniformis, and around 20% of the at
least one strain
of Bacillus subtilis.
10. The composition of claim 2 further comprising a source of potassium
ions.
11. The probiotic food or beverage composition according to claim 1 wherein
the
composition further comprises an osmoprotectant.
12. The probiotic food or beverage composition according to claim 11
wherein the food
or beverage product is a soup.
13. The probiotic food or beverage composition according to claim 11
wherein the food
or beverage product is a gravy or sauce.
14. The probiotic food or beverage composition according to claim 7 wherein
the
composition further comprises an osmoprotectant.
14
Date Recue/Date Received 2022-03-25

15. The probiotic food or beverage composition according to claim 14
wherein the
composition further comprises a source of potassium ions.
16. The probiotic food or beverage composition according to claim 8 wherein
the
composition further comprises an osmoprotectant.
17. The probiotic food or beverage composition according to claim 1 further
comprising
a preservative or germination inhibitor.
18. The probiotic food or beverage composition according to claim 17
wherein the
preservative or germination inhibitor comprises propylparaben, methylparaben,
NaCI,
D-alanine, or a combination thereof.
19. The probiotic food or beverage composition according to claim 18
wherein the
composition is heated to a temperature in a range of 44 C. to 60 C.
20. A method of preparing a probiotic food or beverage for human
consumption, the
method comprising:
providing a probiotic composition in a dry or powdered form;
heating (1) the probiotic composition or (2) at least one component of the
probiotic
composition if at least one component is separate from one or more other
components, to a
temperature in a range of 42 C to 100 C;
wherein the probiotic composition comprises the following components: one or
more
Bacillus species in spore form, one or more L-amino acids, one or more
buffers, and any
food or beverage product;
wherein the heating step comprises adding a hot liquid comprising water to the
probiotic composition or the at least one component of the probiotic
composition; and
wherein the one or more buffers maintain the pH of the probiotic composition
in a
range of around 6-8 when the water is added to the probiotic composition.
21. The method of claim 20 wherein the hot liquid consists essentially of
water.
Date Recue/Date Received 2022-03-25

22. The method of claim 20 wherein the food or beverage product comprises
any variety
of tea and the probiotic composition is in a water permeable bag;
wherein the heating step comprises placing the water permeable bag in a
container
of the hot liquid; and
wherein the method further comprises:
producing a drinkable tea by steeping the probiotic composition in the hot
water.
23. The method of claim 22 wherein the probiotic composition steeps in the
hot water
for 2 to 10 minutes prior to being consumed by a human.
24. The method of claim 20 wherein at least one of the components of the
probiotic
composition is separate from one or more other components of the probiotic
composition,
the method further comprising mixing all of the components to form the
probiotic
composition.
25. The method of claim 20 further comprising placing the probiotic
composition or
components of the probiotic composition in a water permeable bag;
wherein the heating step comprises placing the water permeable bag in a
container
of the hot liquid.
26. The method of claim 20 wherein the probiotic composition is heated for
2 to 10
minutes prior to being consumed by a human.
27. The method of claim 21 wherein the food or beverage product is any
variety of tea,
hot chocolate, coffee, soup, gravy, or sauce.
28. The method of claim 20 wherein the one or more the L-amino acids is L-
alanine, L-
asparagine, L-valine, L-cysteine, a hydrolysate of soy protein, or a
combination thereof.
29. The method of claim 28 wherein the probiotic composition further
comprises at least
one of the following: (1) D-glucose, (2) D-fructose, (3) an osmoprotectant or
(4) a source of
potassium ions.
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30. The method of claim 28 wherein the probiotic composition further
comprises at least
two of the following: (1) D-glucose, (2) D-fructose, (3) an osmoprotectant and
(4) a source
of potassium ions.
31. The method of claim 28 wherein the probiotic composition further
comprises
potassium chloride.
32. The method of claim 20 wherein the Bacillus species are one or more of
Bacillus
licheniformis, Bacillus subtillis, Bacillus amyloliquiefaciens, Bacillus
polymyxa, Bacillus
thuringiensis, Bacillus megaterium, Bacillus coagulans, Bacillus lentus,
Bacillus clausii,
Bacillus circulans, Bacillus firmus, Bacillus lactis, Bacillus laterosporus,
Bacillus
laevolacticus, Bacillus pumilus, Bacillus simplex, Bacillus sphaericus,
Bacillus sonorensis,
Bacillus, horneckiae, Bacillus axarquiensis, Bacillus mucilaginosus, Bacillus
olivae.
33. The method of claim 20 wherein the Bacillus species are Bacillus
licheniformis, or
Bacillus subtilis, or a combination thereof.
34. The method according to claim 33 wherein the Bacillus species are two
different
strains of Bacillus licheniformis and at least one strain of Bacillus
subtilis.
35. The method according to claim 34 wherein the Bacillus species comprises
around
40% of a first strain of Bacillus licheniformis, around 40% of a second strain
of Bacillus
licheniformis, and around 20% of the at least one strain of Bacillus subtilis.
36. The method according to claim 28 wherein the Bacillus species are two
different
strains of Bacillus licheniformis and at least one strain of Bacillus
subtilis.
37. The method according to claim 20 wherein the probiotic composition
further
comprises a preservative or germination inhibitor.
17
Date Recue/Date Received 2022-03-25

38. The method according to claim 37 wherein the preservative or
germination inhibitor
comprises propylparaben, methylparaben, NaCI, D-alanine, or a combination
thereof.
39. The method according to claim 37 wherein the composition is heated to a
temperature in a range of 44 C to 60 C.
40. The method of claim 20 wherein the food or beverage product wherein the
food or
beverage product is any variety of tea, hot chocolate, cereal, oatmeal,
creamer, coffee,
soup, gravy, or sauce and wherein the one or more buffers comprises a (1)
phosphate
buffer, (2) combination of a citrate and citric acid, (3) 4-(2-hydroxyethyl)-1-
piperazineethanesulfonic acid, (4) Tris base, or (5) a combination thereof.
41. The method of claim 20 wherein the food or beverage product is any
variety of tea,
hot chocolate, coffee, soup, gravy, or sauce and wherein the one or more
buffers comprises
(1) phosphate buffer, (2) combination of a citrate and citric acid, (3) 4-(2-
hydroxyethyl)-1-
piperazineethanesulfonic acid, (4) Tris base, or (5) a combination thereof.
42. The probiotic composition of any one of claims 1 to 19, wherein all
ingredients are
GRAS (Generally Regarded as Safe) for human consumption under U.S. federal
standards.
43. The method of any one of claims 20 to 41, wherein all ingredients in
the probiotic
composition are GRAS (Generally Regarded as Safe) for human consumption under
U.S.
federal standards.
18
Date Recue/Date Received 2022-03-25

Description

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


COMPOSITION AND METHOD FOR GERMINATIVE COMPOUNDS
IN PROBIOTIC FOOD AND BEVERAGE PRODUCTS FOR HUMAN CONSUMPTION
[0001]
BACKGROUND
[0002] Recent scientific advances have shed light on the significance of the
relationship between human gut bacteria (the microbiome) and general health.
The
human microbiome is a product of our genetics, our diets, and our environment.
Probiotics may be used to alter the human microbiome. Probiotics for human
consumption are available as capsules and as food products (e.g. yogurt,
beverages,
etc.). Although there are examples of probiotic tea on the market, there are
none that
include an activating component to germinate probiotic spores for improved
efficacy.
Here, an invention is described that includes the provision of activating
compounds with
Bacillus bacterial spores for human probiotic consumption in tea, soups,
gravies, sauces,
hot chocolate, and other food and beverage products, particularly heated
liquids and
fluids.
1
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BRIEF DESCRIPTION OF THE FIGURES
[0003] The system and method of the invention are further described and
explained in relation to the following drawing wherein:
FIG. 1 shows photographs of Bacillus species in a nutrient germinant
composition according to a preferred embodiment at time zero (when hot water
is
initially added) and after steeping in hot water for 60 minutes at various
temperatures
according to preferred methods of the invention, the darker spots indicate
germinated
bacteria and the lighter/brighter spot indicate non-germinated spores;
FIG. 2 shows photographs of Bacillus species and a nutrient germinant
composition according to a preferred embodiment in steeped tea (black and
green tea)
according to a preferred method of the invention, the darker spots indicate
germinated
bacteria and the lighter/brighter spots indicate non-germinated spores.
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DETAILED DESCRIPTION
[0004] Recent scientific advances have shed light on the significance of the
relationship between human gut bacteria (the microbiome) and overall health.
The
human microbiome is a product of our genetics, our diets, and our environment.
Probiotics may be used to alter the human microbiome in order to regulate the
digestive
system and bolster the immune system. Generally, probiotics are non-pathogenic
bacteria that may include species of lactic acid bacteria (Lactobacillus),
Bifidobacterium,
and Propionibacterium. Species of Bacillus are also common as probiotics.
Probiotics
have been widely used in animals as an alternative to hormones and
antibiotics, in
plants to enhance certain growth characteristics, and in humans as a digestive
supplement. Probiotics for human consumption are available as capsules and as
food
products (e.g. yogurt, juice, etc.). Probiotics delivered in tea are also on
the market.
Probiotic tea products contain probiotic bacteria packaged with tea in a
porous bag. Tea
bags are steeped for a period of time in hot water and are consumed.
Alternatively,
Kombucha tea is a type of probiotic drink in which a symbiotic culture of
bacteria and
yeast (SCOBY) is added to tea containing sugar. The SCOBY then acts to ferment
the
sugar in the tea to produce vitamins and acids. In this case, the sugar acts
as a
substrate and the drink does not contain amino acids that are known to
activate
bacteria.
[0005] In the case of Bacillus species as probiotics (e.g. B. coagulans), the
bacteria are supplied as spores. Spores represent a unique life stage of
specific species
of bacteria in that these species have the ability to transition into a
dormant spore stage
if environmental conditions are unfavorable. Spores are naturally dehydrated,
are stable
for extended periods of time, and are resistant to environmental stresses
(e.g. heat, salt,
pH, etc.). In the case of Bacillus spores in tea products, the spores are
preferably more
resistant to the high temperatures of steeping water.
[0006] In order for spores to return to a live, vegitatively growing state,
they must
first germinate. Spore germination is a multistep process in which spores are
revived
from the dormant state. The first step is one by which spores are activated
and are
induced to germinate, typically by an environmental signal called a germinant.
This
signal can be a nutrient such as an L-amino acid, potassium ions (e.g. KCI),
and/or
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natural osmoprotectant compounds (e.g. ectoine). Nutrient germinants bind to
receptors
in the inner-membrane of the spore to initiate germination. Additionally,
sugars have
been shown to increase the binding affinity of L-amino acids for their cognate
receptors.
[0007] The germ inant signal initiates an irreversible cascade of events, also
known as commitment. Commitment is fast and is typically >90% complete in 2
minutes.
As germination progresses, the spore rapidly takes on water. As the spore
absorbs
water it consequently loses its refractivity. This loss of refractivity
towards the end of the
first phase in the germination process allows spore germination to be observed
via
phase-contrast microscopy. The initial phase is typically complete within 30
to 60
minutes depending on the temperature. The second phase of germination is an
outgrowth step in which the spore's metabolic, biosynthetic, and DNA
replication/repair
pathways initiate. The outgrowth period includes a ripening period in which no
morphological changes (such as cell growth) occur, but the spore's molecular
machinery (e.g. transcription factors, translation machinery, biosynthesis
machinery,
etc.) is activated. This period can vary in length based on the initial
resources that are
packaged with the spore during the process of sporulation.
[0008] It is known that spores can be induced to germinate via heat-
activation.
Spores of various Bacillus species have been heat-activated at strain specific
temperatures (e.g. B. subtilis spores can be heat-activated at 75 C for 30
minutes while
B. licheniformis spores can be heat-activated at 65 C for 20 minutes). The
heat-
activation is believed to cause a transient, reversible unfolding of spore
proteins. If the
spore proteins are not presented with a nutrient germ inant, such as L-
alanine, they will
refold and effectively reverse the germination process.
[0009] The present invention describes a composition and method for activating
probiotic spores in in food and beverage products, such as steeped teas,
soups,
gravies, sauces, hot chocolate, coffee, and other products, particularly
heated liquids
and fluids. The method includes the provision of nutrient germinants with
Bacillus
spores that will be heat activated and subsequently germinated with nutrient
germ inants
while the food or beverage product is being heated, such as while tea is
steeping in hot
water. According to one preferred embodiment, the two probiotic components
(bacterial
spores and nutrient germinants) may be provided as dry components in an
automatic
4

coffee maker pod (e.g. Keurig , Nespresso , Tassimo , etc.) containing tea
or another
food or beverage product. According to another preferred embodiment, the
ingredients may
be provided as mixed ingredients (nutrient germinant composition and spores)
in a single
serve packet to be added to tea or another food or beverage product, mixed
components
(nutrient germinant composition and spores) in a single bag containing tea or
another food
or beverage product, or as separated components in separate tea bags (e.g. two
bags
containing any combination of the nutrient germinant composition, spores, and
tea) or other
container for other food or beverage products. According to one preferred
embodiment,
spores can be heat-activated in the presence of nutrient germinants in a
method that is
described in U.S. Patent Application No 15/479,773.
[0010] Nutrient Compositions
[0011] Described herein are preferred embodiments of nutrient compositions
that
may contain one or more L-amino acids, D-glucose, 0-fructose, a biological
buffer, a
potassium ion source, and/or a natural osmoprotectant. All components in the
nutrient
formulation must be Generally Regarded as Safe (GRAS) for human consumption by
the
United States Food and Drug Administration. At the time of this writing, most,
although not
all, of the components described herein have been deemed GRAS.
[0012] According to one preferred embodiment, the nutrient germinant
composition can include one or more L-amino acids. Preferred L-amino acid(s)
included
in the nutrient formulation are L-alanine, L-asparagine, L- valine, and/or L-
cysteine. The
choice of L-amino acids is determined by the species of Bacillus used in the
probiotic
formulation. The L-amino acids can be provided in the form of any suitable
source, such
as their pure forms and/or a hydrolysate of soy protein.
[0013] According to another preferred embodiment, the nutrient germinant
composition can optionally contain an amount of 0-glucose and/or 0-fructose.
The choice
of sugar is determined by the species of Bacillus used in the probiotic
formulation.
[0014] According to another preferred embodiment, the nutrient germinant
composition can optionally contain one or more sources of potassium ions.
Preferably,
KCI can be included as a source of potassium ions in the nutrient formulation.
The
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inclusion of potassium ions is determined by the species of Bacillus used in
the probiotic
formulation.
[0015] According to another preferred embodiment, the nutrient germinant
composition can optionally contain one or more biological buffers. The
biologic buffer is
a buffer that can buffer the nutrient formulation and/or nutrient-spore
formulation, to
maintain the formulation at the proper pH for spore germination (about pH 6-
8).
Preferred biologic buffers include, but are not limited to, a phosphate buffer
or a HEPES
sodium salt. According to another preferred embodiment, monosodium phosphate
and
disodium phosphate, preferably used together, can be included in the nutrient
formulation as buffers. According to another preferred embodiment, a HEPES
buffer
may be used.
[0016] According to another preferred embodiment, the nutrient solution can
optionally contain an osmoprotectant compound. Preferably, ectoine, a natural
osmoprotectant produced by some species of bacteria, may be included. The
inclusion
of an osmoprotectant is determined by the species of Bacillus used in the
probiotic
formulation.
[0017] According to another preferred embodiment, the nutrient composition is
any one of the nutrient compositions described in U.S. Patent Application No
15/479,773.
[0018] According to yet another preferred embodiment, a nutrient composition
may contain ingredients in one or more of the above-reference categories of
ingredients
and may contain one or more ingredients from within those categories.
[0019] Spore Formulations
[0020] Preferred embodiments of spore formulations include one or more
Bacillus species of spores, including but not limited to, Bacillus
ficheniformis, Bacillus
subtiffis, Bacillus amyloliquiefaciens, Bacillus polymyxa, Bacillus
thuringiensis, Bacillus
megaterium, Bacillus coagulans, Bacillus lentus, Bacillus clausii, Bacillus
circulans,
Bacillus firmus, Bacillus lactis, Bacillus laterosporus, Bacillus
laevolacticus, Bacillus
polymyxa, Bacillus pumilus, Bacillus simplex, Bacillus sphaericus, Bacillus
sonorensis,
Bacillus, homeckiae, Bacillus axarquiensis, Bacillus mucilaginosus, Bacillus
olivae, and
any combinations thereof. All strains in the probiotic formulation must be
Generally
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Regarded as Safe (GRAS) for human consumption by the United States Food and
Drug
Administration. At the time of filing this application, several, although not
all, of the
above mentioned strains have been deemed GRAS. Any Bacillus species
subsequently
determined to be GRAS are included here as suitable for use with embodiments
of the
invention.
[0021] Preferred spore formulations can contain 1-20 or more species of
Bacillus spores. According to one preferred embodiment, a spore formulation
can
contain 3 strains of Bacillus bacteria. According to another preferred
embodiment, 2
strains of the Bacillus bacteria can each be a different strain of the species
Bacillus
licheniformis and the third strain is a species of Bacillus subtilis.
According to another
preferred embodiment, about 80% of the formulation can be Bacillus
licheniformis (40%
of each strain) and 20% of the spores in the spore formulation can be is
Bacillus subtilis.
According to another preferred embodiment, the spores of the strain(s)
included in the
spore formulation can be mixed with water or other suitable carrier and/or
organic salts.
[0022] Most preferably, the Bacillus species that can be contained in the
spore
formulations can produce and/or be capable of producing one or more enzymes
including, but not limited to, proteases, amylases, lipases, glycosidases,
cellulases,
esterases, and xylanases. Tests and assays for determining the production of
such
enzymes from a Bacillus species are generally known in the art and to one of
ordinary
skill in the art.
[0023] According to one preferred embodiment, the spore formulation can
contain about 0.1% to 90% by weight spores, along with salt or other suitable
carrier,
such as sodium bicarbonate, or maltodextrin, or a combination thereof. In some
embodiments, the spore formulation contains about 5% by weight spores. The
spore
formulation can be and/or include a powder or other dry form (e.g. spray-dried
form of a
liquid spore concentrate, or lyophilized spore formulation) containing spores.
According
to another preferred embodiment, the total concentration of spores in the
spore
formulation can range from about 1 x 105 CFU/mL or spores/g to 1 x 1014 CFU/mL
or
spores/g or any specific concentration or range therein. The total preferred
concentration of spores in the spore formulation can be about 1, 1.125, 1.5,
1.75, 2,
2.25, 2.5, 2.75, 3, 3.25, 3.5, 3.75, 4, 4.25, 4.5, 4.75, 5, 5.25, 5.5, 5.75,
6, 6.25, 6.5, 6.75,
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7, 7.25, 7.5, 7.75, 8, 8.25, 8.5, 8.75, 9, 9.25, 9.5, or 9.75 x 105, 106, 107,
108, 109, 1019,
10" , 1012, 1013, or 1014 CFU/mL or spores/g or any range or other value
therein.
According to another preferred embodiment, any one specific spore species can
be
present in the spore formulation at a concentration that can range from about
1 x 105
CFU/mL to 1 x 1014 CFU/mL or any specific range therein. The preferred
concentration
of any one specific spore species present in the preferred embodiments of
spore
formulations according to the invention can be about 1, 1.125, 1.5, 1.75, 2,
2.25, 2.5,
2.75, 3, 3.25, 3.5, 3.75, 4, 4.25, 4.5, 4.75, 5, 5.25, 5.5, 5.75, 6, 6.25,
6.5, 6.75, 7, 7.25,
7.5, 7.75, 8, 8.25, 8.5, 8.75, 9, 9.25, 9.5, or 9.75 x 105, 106, 107, 108,
109, 1019, 1011,
1012, 1013, or 1014 CFU/mL or spores/g or any range or other value therein.
Preferably,
the spore formulation is biodegradable. According to another preferred
embodiment, the
concentrated spore formulation can contain about 1-9 x 109 or 101 CFU/mL or
spores/g.
According to another preferred embodiment, the concentrated spore formulation
can
contain about 1010 CFU/mL or spores/g.
[0024] According to one preferred embodiment of a probiotic tea composition,
the composition comprises a nutrient composition, a spore formulation, and
tea.
According to another preferred embodiment or a probiotic composition for human
consumption, the composition comprises a nutrient composition, a spore
formulation,
and a food or beverage product, such as soups, gravies, sauces, hot chocolate.
Most
preferably, the nutrient composition and spore formulation in these
embodiments are
one of the above described embodiments, both in dry powdered or other dry
solid form.
Any variety of tea or other food or beverage product may be used. Most
preferably, the
food or beverage product is one that is heated before being consumed.
[0025] According to one preferred method of providing probiotic tea for human
consumption, a nutrient composition and spore formulation are added to any
variety of
tea. Most preferably, the nutrient composition and spore formulation are one
of the
above described embodiments. According to one preferred embodiment, the
nutrient
composition, spore formulation, and tea or other food or beverage product are
combined into a mixture prior to steeping in hot water or otherwise heating
the food or
beverage product. According to other preferred embodiments, the nutrient
composition,
spore formulation, and tea may be separate components that are added together
to hot
8

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WO 2019/090065 PCT/US2018/058944
water to prepare the probiotic tea or added to the other food or beverage
product to be
heated or already heated, or any combination of two of the components may be
pre-
mixed together and added to the third component prior to or after adding hot
water to
prepare the probiotic tea or prior to or after heating the other food or
beverage product.
The order of addition of the three components and the hot water or hot food or
beverage
is not critical and any order may be used. When used for tea, after mixing or
adding the
three components, individually or as a pre-mixed combination, with hot water,
the
mixture is allowed to steep, preferably for 2 to 10 minutes prior to being
consumed by a
human. Two minutes is the preferred minimum amount of steeping time, but the
total
time may vary based on the type of tea used and the strength of the tea
desired by the
person who will consume the probiotic tea. For example, green tea is typically
steeped
for 2-4 minutes while Oolong tea is typically steeped for 5-8 minutes.
Consumption is
preferably by drinking or otherwise orally ingesting the probiotic tea. Most
preferably,
the hot water is at a temperature in the range of 42 to 100 C when initially
added to the
other components. The hot water temperature is preferably not below 42 C, and
the
range may vary based on the type of tea being used. For example, green tea is
typically steeped in the range of 65-80 C and black tea is usually steeped in
the range
of 80-100 C.
[0026] Various compositions according to preferred embodiments of the
invention were tested according to preferred methods of the invention. The
compositions, methods, and results are described below.
[0027] EXAMPLE 1 ¨ A probiotic blend of Bacillus spores (B. subtilis and B.
licheniformis) at a final concentration of approx. 4 x 106 CFU/mL, where CFU
stands for
colony forming unit, and a nutrient germinant composition according to a
preferred
embodiment of the invention comprising L-alanine (0.21g), monosodium phosphate
(0.14g), and disodium phosphate (0.5g), were added to approx. 8 fluid ounces
of tap
water at various temperatures.
[0028] The amount of spores added represents a "dose" of 109 CFU of probiotic
bacteria, as recommended by a Harvard Health study. The amount of nutrient
germinants used represents the minimum concentration of germinants necessary
to
9

CA 03079993 2020-04-22
WO 2019/090065 PCT/US2018/058944
initiate germination. The temperatures used represent a range of tea steeping
temperatures.
[0029] Spores from each reaction were observed at time 0 and after 60 minutes
using phase contrast microscopy. Slides were prepared using standard
procedures.
Spores were viewed on an Olympus BX41 microscope (100X oil emersion objective)
and imaged using an Olympus UC30 camera controlled by the cellSens Dimension
software package.
[0030] FIG. 1 shows representative images from these tests at time 0 (i.e.
immediately after water addition) and after 60 minutes in the water. The
darker spots
show germinated spores, the lighter spots show non-germinated spores. The
images in
group A represent spores that had been germinated using a nutrient-germinant
composition and heated during the incubation period at 42 C according to a
preferred
composition and preferred method of the invention. The images in group B
represent
spores that had been germinated using a nutrient-germinant composition and
heated
during the incubation period at 65 C according to a preferred composition and
preferred
method of the invention. The images in group C represent spores that had been
germinated using a nutrient-germinant composition and heated during the
incubation
period at 75 C according to a preferred composition and preferred method of
the
invention. The images in group D represent spores that had been germinated
using a
nutrient-germinant composition and heated during the incubation period at 85 C
according to a preferred composition and preferred method of the invention.
The
images in group E represent represents spores that had been germinated using a
nutrient-germinant composition and heated during the incubation period at 100
C
according to a preferred composition and preferred method of the invention.
[0031] Taken together, these images show that Bacillus spores are germinated
in the compositions and conditions of preferred embodiments of the present
invention.
[0032] EXAMPLE 2 ¨ A probiotic blend of Bacillus spores (B. subtilis and B.
licheniformis) at a final concentration of approx. 4 x 106 CFU/mL and a
nutrient
germinant composition, according to a preferred embodiment of the invention,
comprising L-alanine (0.21g), monosodium phosphate (0.14g), and disodium
phosphate
(0.5g), were added to approx. 8 fluid ounces of tap water at 85 C. A tea bag
containing

CA 03079993 2020-04-22
WO 2019/090065 PCT/US2018/058944
the indicated variety of tea (black or green as shown in FIG. 2) was steeped
in the water
for approx. 3 minutes, as recommended by the tea manufacturer. After steeping,
the tea
bags were removed while the spores remained in the mixture to be ingested as a
probiotic dose.
[0033] Spores from each reaction were observed after 60 minutes using phase
contrast microscopy. Slides were prepared using standard procedures. Spores
were
viewed on an Olympus BX41 microscope (100X oil emersion objective) and imaged
using an Olympus UC30 camera controlled by the cellSens Dimension software
package.
[0034] FIG. 2 shows representative images from these tests after 60 minutes in
the water. The darker spots show germinated spores, the lighter/brighter spots
show
non-germinated spores. The top images represent spores germinated in steeped
black
tea (Lipton 1M) while the bottom images represent spores germinated in steeped
green
tea (Bigelow ).
[0035] Taken together, these images show that Bacillus spores are germinated
in the compositions and conditions of preferred embodiments of the present
invention
and that compounds that are extracted from tea during steeping do not abate
the
germination process.
[0036] Although the above examples are in reference to use of probiotic
compositions with tea, the compositions and methods of the invention may be
used with
other types of food or beverage products, such as soups, gravies, or hot
chocolate.
Most preferably, such food and beverage products are liquids or fluids and are
consumed after heating, but other types of food and beverage products may also
be
used.
[0037] All amounts for ingredients or ratios of ingredients indicated herein
as a
range include each individual amount or ratio within those ranges and any and
all
subset combinations within ranges, including subsets that overlap from one
preferred
range to a more preferred range. Those of ordinary skill in the art will
appreciate upon
reading this specification, including the examples contained herein, that
modifications
and alterations to the composition and methodology for making the composition
may be
made within the scope of the invention and it is intended that the scope of
the invention
11

CA 03079993 2020-04-22
WO 2019/090065 PCT/US2018/058944
disclosed herein be limited only by the broadest interpretation of the
appended claims to
which the inventor is legally entitled.
12

Representative Drawing

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Administrative Status

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Event History

Description Date
Letter Sent 2022-09-20
Inactive: Grant downloaded 2022-09-20
Inactive: Grant downloaded 2022-09-20
Grant by Issuance 2022-09-20
Inactive: Cover page published 2022-09-19
Pre-grant 2022-07-21
Inactive: Final fee received 2022-07-21
Notice of Allowance is Issued 2022-05-02
Letter Sent 2022-05-02
4 2022-05-02
Notice of Allowance is Issued 2022-05-02
Inactive: Approved for allowance (AFA) 2022-04-29
Inactive: Q2 passed 2022-04-29
Amendment Received - Response to Examiner's Requisition 2022-03-25
Amendment Received - Voluntary Amendment 2022-03-25
Inactive: Report - QC passed 2021-12-15
Examiner's Report 2021-12-15
Letter Sent 2021-12-09
Advanced Examination Requested - PPH 2021-11-30
Request for Examination Received 2021-11-30
Advanced Examination Determined Compliant - PPH 2021-11-30
Amendment Received - Voluntary Amendment 2021-11-30
All Requirements for Examination Determined Compliant 2021-11-30
Request for Examination Requirements Determined Compliant 2021-11-30
Common Representative Appointed 2020-11-07
Amendment Received - Voluntary Amendment 2020-11-04
Amendment Received - Voluntary Amendment 2020-11-04
Inactive: Cover page published 2020-06-09
Letter sent 2020-06-04
Inactive: IPC assigned 2020-05-27
Inactive: IPC assigned 2020-05-27
Inactive: IPC assigned 2020-05-27
Inactive: IPC assigned 2020-05-27
Inactive: IPC assigned 2020-05-27
Inactive: First IPC assigned 2020-05-27
Inactive: IPC assigned 2020-05-27
Inactive: IPC assigned 2020-05-27
Inactive: IPC assigned 2020-05-27
Request for Priority Received 2020-05-26
Application Received - PCT 2020-05-26
Priority Claim Requirements Determined Compliant 2020-05-26
Priority Claim Requirements Determined Compliant 2020-05-26
Request for Priority Received 2020-05-26
National Entry Requirements Determined Compliant 2020-04-22
Application Published (Open to Public Inspection) 2019-05-09

Abandonment History

There is no abandonment history.

Maintenance Fee

The last payment was received on 2022-08-09

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, 2nd anniv.) - standard 02 2020-11-02 2020-04-22
Basic national fee - standard 2020-04-22 2020-04-22
MF (application, 3rd anniv.) - standard 03 2021-11-02 2021-09-13
Request for examination - standard 2023-11-02 2021-11-30
Final fee - standard 2022-09-02 2022-07-21
MF (application, 4th anniv.) - standard 04 2022-11-02 2022-08-09
MF (patent, 5th anniv.) - standard 2023-11-02 2023-07-24
Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
NCH CORPORATION
Past Owners on Record
CHARLES J. GREENWALD
GABRIEL F.K. EVERETT
JORDAN E. CHURCH
JR., LESTER LEVY
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) 
Abstract 2020-04-21 2 156
Drawings 2020-04-21 2 369
Description 2020-04-21 12 556
Claims 2020-04-21 4 110
Cover Page 2020-06-08 2 135
Claims 2021-11-29 6 208
Description 2021-11-29 12 553
Description 2020-11-03 12 564
Claims 2020-11-03 6 208
Claims 2022-03-24 6 212
Cover Page 2022-08-24 1 41
Courtesy - Letter Acknowledging PCT National Phase Entry 2020-06-03 1 588
Courtesy - Acknowledgement of Request for Examination 2021-12-08 1 434
Commissioner's Notice - Application Found Allowable 2022-05-01 1 573
Maintenance fee payment 2023-07-23 1 26
Electronic Grant Certificate 2022-09-19 1 2,527
International search report 2020-04-21 8 511
National entry request 2020-04-21 12 593
Amendment / response to report 2020-11-03 10 333
PPH request 2021-11-29 15 574
PPH supporting documents 2021-11-29 2 170
Examiner requisition 2021-12-14 3 179
Amendment 2022-03-24 11 372
Maintenance fee payment 2022-08-08 1 27
Final fee 2022-07-20 3 104