(12) INTERNATIONAL APPLICATION PUBLISHED UNDER THE PATENT COOPERATION TREATY (PCT) (19) World Intellectual Property Organization International Bureau (10) International Publication Number (43) International Publication Date _ . ... _ . .. . 12 May 2011 (12.05.2011) WO 2011/054049 Al

(51) International Patent Classification: (81) Designated States (unless otherwise indicated, for every A23G 3/52 (2006.01) A23G 3/54 (2006.01) kind of national protection available): AE, AG, AL, AM, AO, AT, AU, AZ, BA, BB, BG, BH, BR, BW, BY, BZ, (21) International Application Number: CA, CH, CL, CN, CO, CR, CU, CZ, DE, DK, DM, DO, PCT/AU20 10/00 1475 DZ, EC, EE, EG, ES, FI, GB, GD, GE, GH, GM, GT, (22) International Filing Date: HN, HR, HU, ID, IL, IN, IS, JP, KE, KG, KM, KN, KP, 5 November 2010 (05.1 1.2010) KR, KZ, LA, LC, LK, LR, LS, LT, LU, LY, MA, MD, ME, MG, MK, MN, MW, MX, MY, MZ, NA, NG, NI, (25) Filing Language: English NO, NZ, OM, PE, PG, PH, PL, PT, RO, RS, RU, SC, SD, (26) Publication Language: English SE, SG, SK, SL, SM, ST, SV, SY, TH, TJ, TM, TN, TR, TT, TZ, UA, UG, US, UZ, VC, VN, ZA, ZM, ZW. (30) Priority Data: 2009905427 6 November 2009 (06.1 1.2009) AU (84) Designated States (unless otherwise indicated, for every kind of regional protection available): ARIPO (BW, GH, (71) Applicant (for all designated States except US): CAD- GM, KE, LR, LS, MW, MZ, NA, SD, SL, SZ, TZ, UG, BURY ENTERPRISES PTE LIMITED [SG/SG]; 346 ZM, ZW), Eurasian (AM, AZ, BY, KG, KZ, MD, RU, TJ, Man Boon Lay, Jurong 609528 (SG). TM), European (AL, AT, BE, BG, CH, CY, CZ, DE, DK, EE, ES, FI, FR, GB, GR, HR, HU, IE, IS, IT, LT, LU, (72) Inventors; and LV, MC, MK, MT, NL, NO, PL, PT, RO, RS, SE, SI, SK, (75) Inventors/ Applicants (for US only): ANG, Jane, Hui, SM, TR), OAPI (BF, BJ, CF, CG, CI, CM, GA, GN, GQ, Ching [AU/AU]; 32 Koornang Road, Scoresby, Victoria GW, ML, MR, NE, SN, TD, TG). 3179 (AU). JONES, Michelle [AU/AU]; 32 Koornang Road, Scoresby, Victoria 3179 (AU). MUTTON, Philip Published: [AU/AU]; 32 Koornang Road, Scoresby, Victoria 3179 — with international search report (Art. 21(3)) (AU). (74) Agent: GRIFFITH HACK; Level 3, 509 St. Kilda Road, Melbourne, Victoria 3004 (AU).

o (57) Abstract: A process for the preparation of a foamed confectionery containing a non-foamed centre filling, the process com prising the steps of (i) preparing a foamed confectionery composition, (ii) depositing the foamed confectionery composition and a o centre filling composition so that the foamed confectionery composition forms a casing around the centre filling, wherein the cas ing is formed from a single deposit of foamed confectionery composition or from two or more separate deposits of foamed confec tionery composition to surround the centre filing, and wherein the centre filling has a water activity of between 0.55 and 0.75, and o a measurement of between 1.5 and 4 centimetres at a centre filling temperature of 33°C when subjected to consistometer testing, (iii) allowing the foamed confectionery composition casing to set to produce the foamed confectionery, wherein the time between deposition of the single or first deposit of foamed confectionery composition, and setting of said single or first deposit of foamed o confectionery composition, is 4 minutes or less so that the centre filling is prevented from dropping through to a surface of the casing. Foamed Confectionery

Field

The present application relates to foamed confectionery and processes for making foamed confectionery. In particular, the present application relates to centre- filled foamed confectionery.

Background

Aerated confectionery compositions, such as marshmallows or foamed confectionery are known in the art. Foamed confectionery is made up of two main ingredients: sugar (or sugar substitute) based syrup and structuring agent, usually gelatin, pectin, albumin, egg white, or agar. Typically, the sugar-based syrup is heated to dissolve sugars and/or reduce its water content. It is then combined with the structuring agent to form a slurry. The slurry is further aerated to form a foam. Optionally, colours, flavours and other minor edible ingredients such as edible humectants can be added to the foam. Once the foam is produced, it is formed into the shape of the desired confectionery, either by an extrusion process or a deposition process.

Methods of preparation of foamed confectionery generally fall into two main process groups: extruded foamed confectionery and deposited foamed confectionery. In the extrusion process, the foam is extruded through a die to form a rope. The die imparts the desired peripheral shape to the extruded rope. The rope is allowed to rest briefly to set, and then is cut into desired sizes. In the deposition process, the foam is deposited into a mould of the shape of the desired product, and set in the mould. Alternatively, the foam can be deposited onto a surface, and allowed to rest briefly before shaping into the desired shape. Optionally, the extruded/deposited foamed confectionery can be dried.

In one form of deposition of foamed confectionery, the foamed confectionery is deposited into a starch bed containing impressions into which the foamed confectionery or marshmallow mixture is deposited. Popular applications for these marshmallows are as an addition to hot chocolate, toasting on a fire, or as an ingredient in cooking (such as "rocky road") . Compared to other confectionery items sold in similar packaging, such as jelly confectionery (jelly babies, etc.), marshmallows are not as commonly consumed as an every-day sweet snack.

It would be desirable to provide new variants of foamed confectionery which would be more popular as an every-day sweet snack, rather than an occasional snack or cooking/beverage ingredient.

The present applicant has identified that a centre- filled foamed confectionery, in which the centre- filling is a non- foamed filling, would be of interest to consumers as a sweet snack. Whilst such a product is of interest, there are many difficulties to be addressed in preparing such centre-filled foamed confectionery.

In extrusion processes, it is possible to produce a foamed confectionery having a centre extruded section which is foamed, but of a different flavour or appearance to the outer section. When the extrusion is divided into individual pieces of the confectionery, the fact that the centre is exposed to the environment is not a problem, as the centre filling is foamed and set, and will not separate or ooze from the confectionery piece.

Making centre- filled confectionery having a non- foamed centre filling, such as a liquid or flowable centre filling, is a more difficult prospect.

One specific form of deposition, known as one-shot depositing or co-depositing, provides possible opportunities for forming a foamed confectionery- containing a non- foamed centre- filling. However, it is known in the art of one-shot depositing of similar confectionery products, such as jelly confectionery, that the density of the centre filling and the casing needs to be matched to avoid the centre filling from rising in the casing or sinking in the casing, and becoming exposed to the outside of the casing before the product is set. For products having a foamed casing, the foamed confectionery material prior to setting is of a very low density, due to the introduction of air during the foaming process. Thus, it is extremely difficult, if not impossible, to match the density of the non-foamed centre filling, such as a liquid or flowable centre filling, to the casing. Typically, the density of the centre filling is around three times the density of the casing. This tends to result in the centre filling dropping through the casing straight after deposition, and producing a "leaker" in which the centre filling leaks from the casing.

Other problems faced in the area of one -shot

depositing, such as the formation o tails, also need to- be addressed if a foamed confectionery containing a non- foamed filling is to be successfully produced.

It is an ob ect of the present invention to provide a foamed confectionery containing a non-foamed centre filling and a process for the production of a foamed confectionery containing a non- foamed centre filling. Summary

According to a first aspect, there is provided a process for the preparation of a foamed confectionery containing a non- foamed centre filling, the process comprising the steps of:

(i) preparing a foamed confectionery composition,

(ii) depositing the foamed confectionery composition and a centre filling composition so that the foamed confectionery composition forms a casing around the centre filling, wherein the casing is formed from a single deposit of foamed confectionery composition or from two or more separate deposits of foamed confectionery composition to surround the centre filing, and wherein the centre filling has a water activity of between 0.55 and 0.75, and a measurement of between 1.5 and 4 centimetres at a centre filling temperature of 33°C when subjected to consistometer testing;

(iii) allowing the foamed confectionery composition casing to set to produce the foamed confectionery, wherein the time between deposition of the single or firs deposit o f foamed confectionery composition, and setting of said single or first deposit of foamed confectionery composition, is 4 minutes or less so that the centre filling is prevented from dropping through to a surface of the casing.

There are two main techniques for depositing the foamed confectionery composition: (1) through co-depositing a single deposit o f the foamed confectionery composition with the centre filling; or (2) through depositing a first deposit of foamed confectionery composition, followed by a deposit of the centre filling, and followed by a second deposit of the foamed confectionery composition. This may be- followed by the deposition f one or more further deposits of foamed confectionery composition. The first technique may be referred to as a co-depositing technique, and the second may be referred to as a three-stage depositing technique.

Thus, under the co-depositing technique, there is provided a process for the preparation of a foamed confectionery containing a non- foamed centre filling, the process comprising the steps of:

(i) preparing a foamed confectionery composition,

(ii) co-depositing the foamed confectionery composition with a centre filling so that the foamed confectionery composition forms a casing around the centre filling, wherein the centre filling has a water activity o f between 0.55 and 0.75, and a measurement of between 1.5 and 4 centimetres at a centre filling temperature of 33°C when subjected to consistometer testing;

(iii) allowing the foamed confectionery composition casing to set to produce the foamed confectionery, wherein the timing between the deposition step (ii) and the point at which the foamed confectionery composition casing sets is controlled so that the casing sets within 4 minutes from deposition and the centre filling is prevented from dropping through to a surface of the casing.

According to the three- stage depositing technique, there is provided a process for the preparation of a foamed confectionery containing a non- foamed centre filling, the process comprising the steps of: (i) preparing a foamed confectionery composition,

(iia) depositing a first deposit of foamed confectionery composition,

(iib) depositing a centre filling onto the first deposit of foamed confectionery composition, wherein the centre filling has a water activity of between 0.55 and 0.75, and a measurement of between 1.5 and 4 centimetres at a centre filling temperature of 33°C when subjected to consistometer testing,.

(iic) depositing a second deposit of foamed confectionery composition onto the centre filing so that the foamed confectionery composition forms a casing around the centre filling, and

(iii) allowing the foamed confectionery composition casing to set to produce the foamed confectionery, wherein the timing between the first deposition step (iia) and the point at which the foamed confectionery composition casing sets is controlled so that the casing sets within 4 minutes from the first deposition and the centre filling is prevented from dropping through to a surface of the casing.

The combination of the setting conditions and the consistency of the filling enables the centre filling to be trapped within a set casing of the low-density foamed confectionery composition without dropping through that casing to become exposed to the environment.

According to a second aspect, there is provided a foamed confectionery containing a non- foamed centre filling prepared by the process described above. According to a third aspect there is provided a foamed confectionery containing a non- foamed centre filling.

According to one embodiment, the non- foamed centre filing is a liquid or flowable centre filling. According to another embodiment, the non-foamed centre filling has a water activity of between 0.55 and 0.75, and a measurement of between 1.5 and 4 centimetres at a centre filling temperature of 33°C, when subjected to consistometer testing. These properties of the filling of this embodiment address the requirements for production of the product by co-depositing techniques, or by three-stage deposition techniques. The non-foamed centre filling is completely encased in a casing of- the foamed confectionery, which prevents the filling from, escaping the product .

Brief Description of the Figures

The present invention will now be described in further detail with reference to the accompanying figures, in which:

Figure 1 illustrates schematically the process steps for making a foamed confectionery containing a non- foamed centre filling according to one embodiment of the invention;

Figure 2 is an illustration of a foamed confectionery containing a non- foamed centre filling according to one embodiment of the invention;

Figure 3 is an illustration of the foamed confectionery of figure 2 in which the typical shape that the product adopts when it removed from the mould by touching the surface and inverting when just set is W

8

represented by the dashed line, compared to the shape of the product when fully set i the mould (represented by a solid line)

Figure 4 is a schematic- illustration of the deposition stages for the production of the foamed confectionery in accordance with a second embodiment of the invention.

10 Detailed Description

The method for making the foamed confectionery containing a non-foamed centre filling is beneficial as it enables the foamed confectionery containing a non- foamed 15 centre filling to be produced without the centre filling dropping .through the foamed confectionery casing during manufacture, despite the large differences in density of the two components .

20 The new confectionery products of the present application provide a new and desirable taste sensation, and address the need for a foamed confectionery that is of interest as a sweet snack, rather than as an ingredient for use in cooking/beverages . 25 Preparation of the foamed confectionery The foamed confectionery composition may be of a "marshmallow" type, and may be prepared by any process using any combination of suitable ingredients. 30 The term "foamed" refers to a confectionery composition containing gas bubbles to produce an airy or fluffy and opaque confectionery. Some forms of aeration of confectionery compositions may introduce a low volume

3 of gas into the unset confectionery composition, without changing the appearance ' nd texture of both the unset confectionery composition and the set product. Such forms of low aeration do not constitute a "foamed" composition, since a foamed composition is required to have the characteristic fluffy, light texture and opaque appearance in the set product . Marshmallow is a notable example o f a "foamed" confectionery composition.

Typical densities for a (set) foamed confectionery are between 0.30 and 0.60 g/cm 3 , such as between 0.40 and 0.60 g/cm 3 , or between 0.48 and 0.52 g/cm 3 .

The method o f the present application involves a first step (i) o f preparing the foamed confectionery composition.

According to one embodiment, the foamed confectionery composition can be prepared in step (i ) by the following steps:

(a) heating or cooking a sugar or sugar substitute based syrup to dissolve the sugar or sugar substitute and/or to obtain a desired total solids (TS) or dry solid (DS) content ;

(b) adding a structuring agent to the sugar or sugar substitute based syrup to form a slurry;

(c) optionally adding other foamed confectionery ingredients to the slurry; and

(d) aerating the slurry to form a foamed confectionery composition.

The above steps .may be performed in any order, and some steps may be combined. Thus, according to one embodiment, steps (-a) and (b) are performed together, so that the structuring agent is combined with the sugar or sugar substitute based syrup and the combination (the slurry) is cooked. This may be followed by the aeration step (d) , with the optional additional ingredients being added in accordance with step (c) at any suitable stage.

Depending on the identity of the structuring agent, the sugar or sugar substitute, and optional other ingredients, the required ingredients may be combined in a batching tank or mixing tank which measures in the required quantities of ingredients. There may be pre- mixing of some ingredients prior to combination in a batching tank, such as pre-mixing of the structuring agent with water to produce a structuring agent solution.

Sugar or sugar substitute syrup The sugar or sugar substitute used in the sugar or sugar substitute syrup may be of any known type. The sugar or sugar substitute may come in a syrup form, or may be combined with water to produce a syrup.

Sugars generally include saccharides. Suitable sugars from which a sugar syrup is prepared include mono saccharides, di- saccharides and poly- saccharides such as but not limited to sucrose (sugar), dextrose, maltose, dextrin, xylose, ribose, glucose, mannose, galactose, fructose (levulose) , lactose, invert sugar, fructo oligo saccharide syrups, partially hydrolyzed starch, corn syrup solids, such as high fructose corn syrup, and mixtures thereof .

Suitable sugar substitutes include sugar alcohols (or polyols) such as, but not limited to, sorbitol, xylitol, mannitol, galactitol, maltitol, hydrogenated isomaltulose (isomalt) , lactitol, erythritol, hydrogenated starch hydrolysate, and mixtures thereof.

The sugar or suga substitute may be glucose, sucrose, fructose or sugar alcohols such as sorbitol, erythritol, xylitol, maltitol/ isomalt or any combination thereof .

In one embodiment, the, sugar or sugar substitute comprises sugar (sucrose), invert sugar and glucose. Thus, in one embodiment the sugar or sugar substitute based syrup comprises sugar (sucrose) , invert sugar and glucose. The relative amounts by weight of sugar (sucrose) to glucose in the syrup is within the range of about 40:60 to 90:10, such as within the range. of about 60:40 to 80:20.

The amount of sugar or sugar substitute in the foamed confectionery composition (as a percentage of the total ingredients in the foamed confectionery composition, which may be considered at the stage of deposition) is about 45% to 85% by weight.

In ste (a) of the process the sugar or sugar substitute based syrup is heated or cooked to ensure dissolution of the sugar/sugar substitute and/or to evaporate water from the syrup, to reach a target temperature or desired total solids (TS) or dry solid (DS) content. The total solids content is desirably between 65% and 85%, such as 70% to 80%, or around 74%. The dry solid content may be measured by weighing the syrup before and after cooking. In one series of embodiments the sugar or sugar substitute based syrup is cooked to a dry solid (DS) content of between 70 and 90wt%, between 76wt% and 86wt% or between 78wt% and 82wt%. These values can be assessed before or after addition of the structuring agent.

The term "cooked" is used in its broadest sense to refer to heating to an elevated temperature, which may take place with a reduction in the water content. The heating or cooking can also be preceded by a pre-heating stage to raise the temperature of the ingredients present. Heating or pre-heating may be effected by an in-line heating device such as a shell-in-tube heating device, a plate heat exchanger, heating in the mixing tank, a combination of these processes or otherwise. Other devices for cooking the syrup to reduce the water content of the syrup include coil cookers, microfilm cookers, microwaves, jet cookers and so forth.

Structuring agents The structuring agent may be gelatine, pectin, starch or a natural gum such as agar, alginate, carageenan, ghatti, xanthan, locust bean, gum, gum arabic and combinations thereof. In one embodiment, the structuring agent is either gelatine or pectin. According to one embodiment, the structuring agent is gelatine alone.

The amount of structuring agent is suitably between 1% and 10% of the foamed confectionery composition, such as between 1% and 5%, or around 2.8% as one example.

Some structuring agents such as gelatine will be pre-mixed with water prior to being combined with the sugar or sugar substitute syrup. A suitable gelatine solution comprises between 10% and 60% gelatine, such as between 20 and 50% gelatine, with the balance being water.

The addition of structuring agent in step (b) may be carried out at a first predetermined temperature. This temperature may be dependent on the nature of the structuring agent. For example, gelatin should not be added at a temperature greater than about 90°C. The first predetermined temperature may be at least 65°C or at least 70°C. In one embodiment the first predetermined temperature is no more than 100°C, or no more than 90°C When steps (a) and (b) are combined, the sugar or

sugar substitute based syrup s combined with the structuring agent, and the combination is cooked to evaporate water from the syrup and to reach a target temperature or desired dry solid (OS) content. A suitable temperature to cook the syrup and structuring agent to is a temperature within the range of 60°C to 85°C, such as around 75°C.

Other foamed confectionery ingredients Foamed confectionery ingredients that may be included in some embodiments include one or more ingredients selected from the group consisting of: flavour, colour, acid, fats and any other ingredients.

The choice of flavour is not limited, and may include those flavours known to the skilled artisan, such as natural and artificial flavours. These flavourings may be chosen from synthetic flavour oils and flavouring aromatics and/ or oils, oleoresins and extracts derived from plants, leaves, flowers, fruits, and so forth, and combinations thereof. Non-limiting representative flavour oils include spearmint oil, cinnamon oil, oil of wintergreen (methyl salicylate) , peppermint oil, Japanese mint oil, clove oil, ba oil, anise oil, eucalyptus oil, thyme oil, cedar leaf oil, oil of nutmeg, allspice, oil of sage, mace, oil of bitter almonds, and cassia oil. Also useful flavorings are artificial, natural and synthetic fruit flavors such as vanilla, and citrus oils including lemon, orange, lime, grapefruit, yazu, sudachi, and fruit essences including apple, pear, peach, grape, blueberry, strawberry, raspberry, cherry, plum, pineapple , apricot , banana, melon, apricot, ume, cherry, raspberry, blackberry, tropical fruit, mango, mangosteen, pomegranate, papaya and so forth. Other potential flavours whose release profiles can be managed include a milk flavour, a butter flavour, a cheese flavour, a cream flavour, and a yogurt flavour; a vanilla flavour; tea or coffee flavours, such as a green tea flavour, a oolong tea flavour, a tea flavour, a cocoa flavour, a chocolate flavour, and a coffee flavour; mint flavours, such as a peppermint flavour, a spearmint flavour, and a Japanese mint flavour; spicy flavours, such as an asafetida flavour, an ajo an flavour, an anise flavour, an angelica flavour, a fennel flavour, an allspice flavour, a cinnamon flavour, a camomile flavour, a mustard flavour, a cardamom flavour a caraway flavour, a cumin flavour, a clove flavour, a pepper flavour, a coriander flavour, a sassafras flavour, a savoury flavour, a Zanthoxyli Fructus flavour, a perilla flavour, a juniper berry flavour, a ginger flavour, a star anise flavour, a horseradish flavour, a thyme flavour, a tarragon flavour, a dill flavour, a capsicum flavour, a nutmeg flavour, a basil flavour, a marjoram flavour, a rosemary flavour, a bayleaf flavour, and a wasabi (Japanese horseradish) flavour; alcoholic flavours, such as a wine flavour, a whisky flavour, a brandy flavour, a rum flavour, a gin flavour, and a liqueur flavour; floral flavours; and vegetable flavours, such as an onion flavour, a garlic flavour, a cabbage flavour, a carrot flavour, a celery flavour, mushroom flavour, and a tomato flavour. These flavours or flavouring agents may be used in liquid or solid form and may be used individually or in admixture.

Flavours that are particularly suited to the products of the present application include vanilla (including artificial vanilla) and various fruit flavours, whether employed individually or in admixture.

In some embodiments, other flavours include aldehydes and esters such as cinnamyl acetate, cinnamaldehyde, citral diethylacetal, dihydrocarvyl acetate, eugenyl formate, p methylamisol , and so forth may be used. Generally any flavours or food additive such as those described in Chemicals Used in Food Processing, publication 1274, pages 63 258, by the National Academy of Sciences, may be used. This publication is incorporated herein by reference. These may include natural as well as synthetic flavors.

Further examples of aldehyde flavorings include but are not limited to acetaldehyde (apple) , benzaldehyde (cherry, almond) , anisic aldehyde (licorice, anise) , cinnamic aldehyde (cinnamon), citral, i.e., alpha citral ; (lemon, lime), neral, i.e., beta citral (lemon, lime), decanal (orange, lemon) , ethyl vanillin (vanilla, cream) , heliotrope, i.e., piperonal (vanilla, cream), vanillin (vanilla, cream) , alpha a yl cinnamaldehyde (spicy fruity flavors) , butyraldehyde (butter, cheese) , valeraldehyde (butter, cheese) , citronellal (modifies, many types) , decanal (citrus fruits) , aldehyde C 8 (citrus fruits) , aldehyde C 9 (citrus fruits) , aldehyde C 12 (citrus fruits), 2 ethyl butyraldehyde (berry fruits), hexenal, i.e., trans 2 (berry fruits) , tolyl aldehyde (cherry, almond), veratraldehyde (vanilla), 2,6 dimethyl 5 heptenal, .e., melonal (melon), 2,6 dimethyloctanal (green fruit) , and 2 dodecenal (citrus, mandarin), cherry, grape, blueberry, blackberry, strawberry shortcake, and mixtures thereof .

In some embodiments, a flavour may be employed in either liquid form and/or dried form. When employed in the latter form, suitable drying means such as spray drying the liquid may be used. Alternatively, the flavouring agent may be absorbed onto water soluble materials, such as cellulose, starch, sugar, maltodextrin, gum arabic and so forth or may be encapsulated. In still other embodiments, the flavoring agent may be adsorbed onto silicas, zeolites, and the like.

In some embodiments, the flavouring agents may be used in many distinct physical forms. Without being limited thereto, such physical forms include free forms, such as spray dried, powdered, beaded forms, encapsulated forms, and mixtures thereof.

Illustrations of the encapsulation of flavours as well as other additional components can be found in the examples provided herein. Typically, encapsulation of a component will result in a delay in the release of the predominant amount of the component during consumption of a confectionery composition that includes the encapsulated component (e.g., as part of a delivery system added as an ingredient to the chewing confectionery composition) . In some embodiments, the release profile of the ingredient (e.g., the flavour, sweetener, etc.) can be managed by managing various characteristics of the ingredient, delivery system containing the ingredient, and/or the confectionery composition containing the delivery system and/or how the delivery system is made. For example, characteristics might include one or more of the following: tensile strength of the delivery system, water solubility of the ingredient, water solubility of the encapsulating material, water solubility of the delivery system, ratio of ingredient to encapsulating material in the delivery system, average or maximum particle size of -ingredient, average or maximum particle size of ground delivery system, the amount of the ingredient or the delivery system in the confectionery composition, rat io of different polymers used to encapsulate one or more ingredients, hydrophobicity of one or more polymers used to encapsulate one or more ingredients, hydrophobicity of the delivery system, the type or amount of coating on the delivery system, the type or amount of coating on an ingredient prior to the ingredient being encapsulated, etc.

some embodiments, one or more colours can be included. A s classified by the United States Food, Drug, and Cosmetic Act (21 C.F.R. 73), colours can include exempt from certification colours (sometimes referred to as natural even though they can be synthetically manufactured) and certified colours (sometimes referred to as artificial), or combinations thereof., In some embodiments, exempt from certification or natural colours can include, but are not limited to annatto extract, (E160b) , bixin, norbixin, astaxanthin, dehydrated beets (beet powder) , beetroot red/betanin (E162) , ultramarine blue, canthaxanthin (E161g) , cryptoxanthin (E161c) , rubixanthin (E161d) , violanxanthin (E161e) , rhodoxanthin (E161f), caramel (E150 (a-d) ), β -apo- 8 '-carotenal (E160e) , β -carotene (E160a) , alph carotene, gamma carotene, ethyl ester of beta-apo-8 carotenal (E160f ), flavoxanthin (E161a) , lutein (E161b) , cochineal extract (E120) ; carmine (E132) , carmoisine/azorubine (E122) , sodium copper chlorophyllin (E141) , chlorophyll (E140) , toasted partially defatted cooked cottonseed flour, ferrous gluconate, .ferrous lactate, grape color extract, grape skin extract (enocianina) , anthocyanins (E163) , haematococcus algae meal, synthetic iron oxide, iron oxides an ·hydroxides (E172) , fruit juice, vegetable juice, dried algae meal, tagetes (Aztec marigold) meal and extract, carrot oil, corn endosperm oil, paprika, paprika oleoresin, phaffia yeast, riboflavin (E101) , saffron, titanium dioxide, turmeric (E100) , turmeric oleoresin, amaranth (E123), capsanthin/capsorbin (E160c) , lycopene (E160d) , and combinations thereof.

In some embodiments, certified colours can include, but are not limited to, FD&C blue #1, FD&C blue #2, FD&C green #3, FD&C red #3, FD&C red #40, FD&C yellow #5 and FD&C yellow #6, tartrazine (E102) , quinoline yellow (E104) , sunset yellow (E110) , ponceau (E124) , erythrosine (E127) , patent blue V (E131) , titanium dioxide (E171) , aluminium (E173) , silver (E174) , gold (E175) , pigment rubine/lithol rubine BK (E180) , calcium carbonate (E170) , carbon black (E153) , black PN/brilliant black BN (E151) , green S/acid brilliant green BS (E142) , and combinations thereof. In some embodiments, certified colors can include FD&C aluminum lakes. These consist of the aluminum salts of FD&C dyes extended on an insoluble substrate of alumina hydrate. Additionally, in some embodiments, certified colours can be included as calcium salts.

Acids can include, but are not limited to acetic acid, adipic acid, ascorbic acid, butyric acid, citric acid, formic acid, fumaric acid, glyconic acid, lactic acid, phosphoric acid, malic acid, oxalic acid, succinic acid, tartaric acid, aspartic acid, benzoic acid, caffeotannic acid, iso-citric acid, citramalic acid, galacturonic acid, glucuronic acid, glyceric acid, glycolic acid, ketoglutaric acid, a-ketoglutaric acid lactoisocitric acid, oxalacetic acid, pyruvic acid, quinic acid, shikimic acid, succinic acid, tannic acid, hydroxyacetic acid, suberic acid, sebacic acid, azelaic acid, pimelic acid, capric cid, and combinations thereof. The acid may be a fruit acid. Such fruit acids include citric and malic acid.

Where fat is a desired ingredient, this may be associated with a carrier material. Depending on the level of acid addition, the acid may also be associated with a carrier material (this is usually only required when high acid levels in the foamed confectionery composition are to be used) . Details of how this may be achieved are described in WO2008/117066 .

Some of the optional ingredients can be heat- sensitive. For examp le , some flavours, colours and acids are heat-sensitive.

The optional addition in step (c) may be carried out at a second predetermined temperature. This second predetermined temperature may be dependent on the nature of the ingredients to be added. The second predetermined temperature may be at least 25°C, at least 35°C or at least 45°C. The second predetermined temperature according to some embodiments is no more than 70°C, no more than 60°C or no more than 55°C. According to some embodiments, the second predetermined temperature is between 25°C and 55°C, such as between 25°C and 50°C. A temperature of about 40°C is one example of a suitable temperature for the addition of optional additional ingredients of the foamed confectionery composition.

Aeration

In step (d) the slurry may be aerated using standard equipment . On a small scale a laboratory mixer such as a Hobart mixer may be employed but when the process is carried out at a commercial scale a Mondomix mixer would be more practical.

The extent of aeration may be such as to reduce the density of the slurry by at least 50%, such as at least 55% or at least 60%.

It is well known to persons in the art how to control the extent of aeration in a Mondomix. Factors that impact on the extent of aeration include the temperature of the slurry entering the Mondomix, rotation speed, pressure regulation in the mixing head of the Mondomix (which can be achieved through infeed and back pressure control) and adjustment of the density set point controller.

Other features of foamed confectionery production process The aeration of the slurry in step (d) may be carried out at a third predetermined temperature. The third predetermined temperature may be at least 30°C, at least 40 c 'or at least 50°C. The third predetermined temperature may be no more than 90°C, no more than 70°C or no more than 65°C. According to one embodiment, the aeration takes place at about 55°C.

Under normal circumstances the first predetermined temperature will be greater than the third predetermined temperature of step (d) . i.e. the slurry may be mixed and cooled before aeration. Cooling may be performed by any suitable technique, such as cooling through a heat exchanger .

Step (c) may be performed before or after step (b) , or before or after step (d) . In one embodiment the optional addition of other foamed confectionery ingredients may be performed before the slurry is aerated so that the process steps are carried out in the order

(a), (b) , (c) , (d) , or (a), (c) , (b) , (d) . It is noted again that steps (a) and (b) can be performed together. The optional addition of the other foamed confectionery ingredients may. be performed between step (b) and step (d) so that the process steps are carried out in the order

(a) , (b) , (c) , (d) . It is noted again that steps (a) and (b) can be performed together. This order of steps is advantageous where the ingredients are temperature sensitive because they are then subjected to a lower temperature. In one embodiment, where the optional additional foamed confectionery ingredients are temperature sensitive, those ingredients may be added after aeration (step ( ) ) . Alternatively step (c) may be carried out at the same time as step (a) , (b) or (d) .

Timing between deposition and setting The foamed confectionery composition is not deposited until it reaches a point such that the foamed confectionery composition casing will set within 4 minutes from deposition, so that the centre filling is prevented from. dropping through to a surface of the casing. In the case of the three -stage process, the first deposit is deposited within 4 minutes of the setting time, but the second deposit (to form the backing to enclose the filling) can also be deposited at a time such that it will set at about the same time. This may be achieved by allowing the foamed confectionery composition to reach a point, referred to as the pre- setting point, such that the foamed confectionery composition will set within 4 minutes, while the foamed confectionery composition remains undeposited.

In effect, the deposition (which, may be a co- deposition) o f the foamed confectionery composition is delayed for a time period so that it is deposited while the composition is not yet set, but is close to setting. The composition is close to setting in that the composition will set within the identified time period of 4 minutes prior setting following deposition. A t deposition, the foamed confectionery composition is preferably within 3 minutes of setting, such as within 2.5 minutes of setting or within 2 minutes o f setting. n standard marshmallow manufacture, the setting time tends to be between 5 and 10 minutes after depositing.

The term "set" in this context refers to the point at which the shape of the foamed confectionery holds sufficiently when picked up (for example, when picked up from the starch mould), without deforming (such as flattening out) . A typical setting test involves touching the upper surface of the foamed confectionery to allow the foamed confectionery to stick to a fingertip (noting that this must be conducted prior to any optional top-dusting of starch) , lifting the foamed confectionery and rotating the finger to allow the foamed confectionery to rest on the fingertip. A set marshmallow will retain the shape of the mould and will not flatten out when subjected to this setting test. Thus, it will be understood that the reference to the term "set" does not in this context refer to the final setting point of the foamed confectionery- following complete drying, cooling and conditioning.

The time point before setting at which the foamed composition is deposited can be controlled to be close to setting by controlling a number of factors such as the temperature of the foamed confectionery composition at deposition (this may be between 25°C and 50°C, such as between 30°C and 45 C or between 3°C to °C , or between 33°C to 4 8°C, or between 40°C to 4 8°C or between 40°C to 46°C) ; the target solids content of the confectionery composition slurry prior to aeration (this may be between 70% and 80%, such as about 72% to 78% or about 73% to 76%) ; and the percentage of structuring agent in the foamed confectionery composition (a higher level of structuring agent, the faster the setting time tends to be). The temperature of depositing is a notable feature. The temperature at which the foamed confectionery is deposited may be lower than that standard marshmallow, in some embodiment. At the lower temperature end, this would be expected to be too low for foamed confectionery depositing.

Cooling of the foamed confectionery composition may take place prior to depositing to reduce the temperature of the foamed confectionery composition to a temperature closer to the depositing temperature (for example, within 5°C of the deposition temperature) . The cooling may be effected by an equivalent heat exchanger, a vacuum vessel or otherwise. Cooling may not always be required.

Option 1 : C -depositing The foamed confectionery composition described above can be co-deposited with a centre filling. The foamed confectionery composition forms a casing around the centre filling.

Go-deposition refers to the process o f depositing a casing composition, in this case the foamed confectionery composition, a t the same time as the centre filling, using concentric depositing nozzles, fo r forming a centre- filled product. Co-deposition is typically performed i a one- shot depositor. One shot depositors are well known in the confectionery industry and are available from a range of suppliers .

One-shot depositors comprise a holding tank for the outer casing (which is prepared from the foamed confectionery composition) and a holding tank for the centre- filling. The depositor may further comprise additional holding tanks for outer casings o f different compositions - such as two different outer casings compositions of different colours and flavours, which can be used to make single-colour casings, or "starlight" casings from two foamed confectionery compositions of different colours. The holding tanks are typically jacketed and can be independently temperature controlled. The holding tank for the outer shell is held at the desired depositing temperature for the outer shell, and the holding tank for the centre- filling is held at the desired depositing temperature for the centre-filling.

Suitable depositing temperatures for the outer casing prepared from the foamed confectionery composition are between about 25°C and 50°C, such between 30°C and 45°C or between about 33°C to 42°C. Suitable depositing temperatures for the centre filling range from 25°C and 50°C, such between 30°C and 45°C or between about 33°C to 42°C. The depositing temperature may according to some embodiments be lower than 40°C, or lower than 38°C. The temperatures for depositing each o f the foam confectionery composition and the casing will typically be similar to the temperature for 'depositing the centre filling. According to one embodiment, the temperatures are within

5-°C of each other, such as within about 2°C of each other.

The foamed confectionery product may further comprise a backing layer applied to the upper surface of the deposited product (which may become a bottom surface of the final product when removed irom the mould) . The backing layer may comprise the same foamed confectionery composition of the casing, or, a foamed confectionery composition of a different composition compared to the casing. In yet a further variant, the casing may be in the form of a . "starlight" pattern, formed from two different foamed confectionery compositions, and there may additionally be a backing layer applied to this casing.

Option 2 ; Three-Stage Depositing

The foamed confectionery composition described above can be deposited in two (or more) parts or stages, with a deposit of the centre filling between those stages, to encase the centre filling between the two layers of foamed confectionery composition.

In this embodiment, a tray for receiving the confectionery pieces moves through three depositor stations at which three separate depositions are made. This tray may comprise moulds, such as a starch mould, for receiving the confectionery pieces. In the first station, a first amount of the foamed confectionery composition (typically 40% to 70% by weight of the total foamed confectionery composition in the piece of confectionery) is deposited at a controlled temperature into a mould in the tray to leave the mould part-filled with the foamed confectionery composition. The deposition temperature may be within the range described previously. The first deposit of foamed confectionery composition typically constitutes between 40% and 60% by weight of the entire confectionery piece. A cooling step may optionally be performed after the first deposit to accelerate cooling of the foamed confectionery composition. The tray then moves to the next station at which a controlled am oun t of centre filling is deposited accurately on top of the first deposit of foamed confectionery composition. The amount of centre filling may for example be between 10% and 20% by weight of the entire confectionery piece. The registration of the tray with the depositing nozzles should be carefully controlled to ensure that. the centre filling is deposited centrally on the first deposit of foamed confectionery composition, so that it is not near the edge, as non-centred filling deposits could reach the outer wall of the final confectionery piece. Tailing of the centre filling is also to be avoided, as a tail that falls to the edge of the product will produce a leakage hole. The tray then moves to a third station at which a second deposit of foamed confectionery composition is deposited to encase the centre filling between the two deposits o f foamed confectionery. The second amount of the foamed confectionery composition is typically 30% to 60% by weight of the total foamed confectionery composition in the piece of confectionery. The deposition temperature may be within the range described previously. The deposition temperature for this second deposit of foamed confectionery composition may be the same as for the first deposit. The second deposit of foamed confectionery composition typically constitutes between 30% and 60% by weight of the entire confectionery piece.

The foamed confectionery composition used for depositing the first deposit may be the same as or different to the composition for the second deposit. They may be of the same flavour, the same colour, o they may have a different colour, flavour, or both. A single batch of foamed confectionery composition could be prepared, and this could be divided into two amounts, with one amount going to a holding tank associated with the first depositor and the second amount going to a holding tank associated with the second foamed confectionery composition depositor. In the alternative, two separate batches of the foamed confectionery composition could be prepared for each depositor, and sent to each depositor separately.

Either or both of the foamed confectionery . composition depositors could comprise more than one holding tank for two different foamed confectionery compositions, to enable the casing to be made with a pattern of- different colours and/or flavours.

The holding tanks associated with each depositor are typically jacketed and can be independently temperature controlled.

Suitable depositing temperatures for the foamed confectionery composition and the centre filling are as described above in the context of co-deppsiting (or one- shot) depositing.

The foamed confectionery product may further comprise an additional backing layer applied to the upper surface of the deposited product (which may become a bottom surface of the final product when removed from the mould) . The backing layer may comprise the same foamed confectionery composition of the two-part casing described previously, or a foamed confectionery composition of a different composition compared to the casing. This additional backing layer may also have a pattern.

Centre- filling composition The centre- filling o foamed confectionery product may be of a wide range of compositions, although it is not a foamed confectionery composition (such as another marshmallow composition) . According to some embodiments, the centre-filling may be a thin or "runny" liquid, a viscous liquid, a thickened liquid, a gelled liquid, a jelly or a fa -based composition.

According to one embodiment, the centre- filling is a liquid or flowable composition. The term liquid'' is used broadly and encompasses thin runny liquids, up to viscous liquids, which may have some degree of gelling, although the term liquid indicates that the composition is required to have some flow characteristics when poured from a container to be considered liquid.

The centre filling has a water activity of between 0.55 and 0.75, and a measurement of between 1.5 and 4 centimetres at 33°C when subjected to consistometer testing.

Water activity (sometimes abbreviated to w is a measure of the free water present in a food composition, and is a well understood concept in the art. When water activities o f adjacent components in a confectionery composition are not balanced, or are otherwise hot addressed through the other factors, there is a risk of water migration from one component to the other, and the product quality is affected. Water activity is also associated with shelf stability of products. The higher the free water content (or the higher the Aw ) the higher the susceptibility of the product to spoilage. The water activity of the centre filling may be between 0.60 and 0.72, such as between 0.61 and 0.71, or between 0.62 and 0.70.

The water activity of the foamed composition casing of the foamed confectionery product is suitably between between 0.55 and 0.75, and may be between 0.60 and 0.72, such as between 0.61 and 0.71, or between 0.62 and 0.70. The water activity of the casing and the centre filling are suitably closely matched. The water activities are suitably within 0.1 of each other, such as within 0.05 of each other.

The centre filling also has a measurement of between 1.5 and 4 centimetres at 33°C when subjected to consistometer testing. The value may be between 2 and 4 centimeters, or according to some embodiments, between 2 and 3.5 centimetres.

Consistometer testing is conducted on a Bostwick Consistometer. This device is used to assess the consistency (principally a measure of viscosity) of a sample of a substance having flow properties, and in this case on a sample of the centre filling. The testing involves the following:

(1) The Bostwick Consistometer is set up according to the instructions for the use of the instrument, which involves ensuring that the instrument is set at the angle it is designed to be operated at, and the instrument levelled to ensure that it is centred.

(2) The product gate of the instrument is closed and cocked .

(3) The sample for testing is poured into the sample reservoir. The sample reservoir is filled up to the top o f the product gate .

(4) The sample is released by pressing down on the lever arm. The sample is allowed to run along (down) the slope of the instrument for 1 minute.

(5) The distance that the sample ran down the slope during 1 minute interval is recorded. The slope has graduation marks indicating the distance in centimeters. This value in centimeters record this value as the consistency of the product.

To enable a comparison to be made between one product sample and another, the sample is required to be subjected to the testing at a selected temperature. Whilst any temperature can be selected, to enable comparison to the values required in the present application, the sample should be at about 33°C. This temperature is based on the temperature o f samples of the centre filling that were removed from the trials of manufacturing process reported in the Examples. In these trials, the temperature of the sample heated to the deposition temperature was about 35°C when removed from the manufacturing process stream, it is observed that the temperature of the sample decreases a little (to about 33.4°C, or 33°C in whole numbers) after removal from the manufacturing process. The consistometer testing has accordingly been conducted with a product sample at 33°C. t is of course possible to correlate the readings obtained at another temperature to the reading that would be obtained .at 33°C through a simple trial, if it is impractical to conduct the testing at this selected temperature.

The centre filling suitably comprises a sugar or sugar substitute o f one of the types mentioned previously, a thickener, water, flavour and colour, and optionally other ingredients such as acid. The optional additional ingredients may be any of the optional ingredients identified above for the jelly confectionery composition.

Thickeners can be selected from the range o f structuring agents described previously, and preferably comprises a gum or combination of gums . The choice and balance of thickeners should be selected to provide the desired results in consistometer testing. Each gum and thickening agent tends to modify the centre filling composition in a different way, and therefore by selecting and tailoring the combination and relative amounts of these components in the centre filling using trial and error, the desired consistometer testing results can be obtained.

The flavours, colours and optional acids may be of the type described previously. Fat is another optional ingredient that may be included in the composition.

Other optional ingredients that can be included in the centre filling may include cocoa (such as cocoa solids or cocoa liquor) and fruit concentrates, amongst others .

The centre filling may be pre-prepared or may be prepared as a part of the process . When provided as a pre-prepared composition, the pre-prepared composition may be absent one or more ingredients, which may be added prior to the depositing step. As an example, the pre- prepared centre filling may be free of acid, or may contain a reduced acid content, and in this event acid may be added to the pre-prepared centre filling prior to depositing. This is may apply to fruit-flavoured fillings .

The centre filling may be heated to raise the temperature of the centre filling to its depositing temperature , or to a temperature within about 10°C or within about ' 5°C of the depositing temperature. Heating can be through any of the pre -heating techniques described previously. One method of heating may involve the application of heat to the centre filling during its passage through conduits in the apparatus for the preparation of the centre-filled product. A s an example, the conduits leading to the holding tank of the one shot depositor may be jacketed (water or electrically heated) to raise the temperature of the centre filling as is passes along the conduit. Deposition temperatures for the centre filling were described in. detail above.

The centre filling may comprise more than one centre filling material, such as two different immiscible liquids or two fillings having one or more differing characteristics such as colour, flavour, texture, viscosity, or a comb ination thereof .

According to one embodiment, the centre- filling is a thickened liquid containing a thickening agent. The thickened liquid filling suitably comprises a thickener, in an amount sufficient to provide thickening without complete gelling of the centre-filling.

According to one embodiment, the centre-filling provides a textural difference to the outer casing of the foamed confectionery that can be detected in the mouth, or on the tongue.

According to one embodiment, the centre- filling is selected from a caramel, chocolate or fruit- flavoured centre filling.

In the case of a caramel flavoured centre filling, this may comprise caramel flavouring.

In the case of a chocolate flavoured centre filling, this may comprise cocoa and/or chocolate flavouring, and in one embodiment it comprises cocoa liquor and chocolate flavouring.

In the case of a fruit flavoured .centre filling, this may comprise fruit flavouring and a suitable colouring corresponding to that fruit flavour. One notable fruit flavour from those listed above is raspberry. The fruit flavoured centre filling may further comprise acid.

Settin The foamed confectionery composition is allowed to set to produce the foamed confectionery. A s described above, the timing between the single or first deposition step and the setting step (iii) is controlled so that the casing sets within 4 minutes from deposition and before the centre filling is able to drop through to a surface of the casing.

ould According to one embodiment, the foamed confectionery product is deposited into a mould. The mould may be a starch mould or a starchless mould. Such mould types are well known in the art. According to one embodiment, the mould is a starch mould. The starch mould is suitably at a temperature of around 25°C to 40°C, such as 30°C to 33°C.

Shapes The shape of the mould may be of any desired configuration, such as a dome shape, a fruit-shape, a character- shape, or otherwise. In the case of centre - filled products, the mould should contain a sufficiently large central volume to enable the deposition of a central volume of the centre-filling, which can be completely encased in the casing material .

Drying/stoving Stoving refers to the stage of drying (otherwise referred to as cooling and conditioning) during which the foamed confectionery composition solidifies. This typically takes place in a drying room with controlled temperature and humidity conditions.

The stoving cycle time for the product is typically between 12 arid 24 hours, such as 12-18 hours. A stoving cycle time refers to the time taken for the foamed confectionery deposited onto a surface/tray or into moulds to dry in the drying room.

Product features The relative amounts of centre filling to casing are preferably between about 10%-20% filling, to 90%-80% casing. A suitable target range is about 15% filling (such a s 16% filling) to about 85% (such as about 86%) casing. This is provided by a product having around a 0.5 gram centre to a 3.0 gram or 3.5 gram casing. Due to the low density o f the casing, this weight range represents a fairly low centre filing volume.

The density of the foamed confectionery composition (and foamed confectionery casing) following aeration is about 0.3 to 0.6 kg/1, or 0.4 to 0.6 kg/1, such a s about 0.48 to 0.52 kg/1 (equivalent to g/cm 3) . The density of the centre filling is typically much higher than this, at 0.6 to 1.30 g/cm 3 , or about 0.7 to 1.3 g/cm 3 , or 0.9 - 1.3 g/cm 3 , or 1.0 - 1.3 g/cm 3 .

Examples

Various embodiments will now be described with reference to the following non-limiting examples and figures which illustrate a process for the production of foamed confectionery product, specifically a centre-filled marshmallow product, according to one embodiment of the invention.

Example 1 - Co-deposited product In Figures 1 and 2 , the given reference numerals refer as follows:

1 . Batching of marshmallow ingredients 2 . Heating/ Cooking 3 . Cooling 4 . Aeration. 5 . Raw material preparation for the centre filling 6 . Passage to depositor, with temperature control in the form of jacketing of conduits /pipes 7 . Co-depositing 8 . Starch mould moved in place 9 . Centre-filled marshmallow product 10. Foamed confectionery casing 11. Centre filling

Method

1 . Batching Batching step (1) involves combining the marshmallow ingredients (with the exception of flavour and/ or colour) together in the required relative amounts . Where a certain gelatine solution is referred to, such as a 33.3%, 200 Bloom gelatine solution, this is prepared by mixing the required relative amounts by weight of the subject gelatine with water to produce a solution of the given concentration.

The range of marshmallow compositions/recipes used to form the foamed confectionery composition include the following:

Group 1 : Ingredient amounts in kilograms Ingredient 1A B 1C D E F 1G 1H Sugars 74 .5 82.3 90.8 Sucrose, 25.0 21.5 26.4 38.8 31.6 refined bulk Sucrose liq. 49.4 58.8 solution HFCS = High fructose corn syrup

Group 2 : (solids basis)

HFCS = High fructose corn syru HSH hydrogenated starch hydrolysates

A s described above, the gelatine (or other structuring agent such as carrageenan, agar or egg albumen) may be pre -mixed with water and held in solution or suspension form, at room temperature or at an elevated temperature, prior to mixing with the other ingredients. . The amounts of ingredients in the above tables are to one or two decimal places, based on the weight of ingredient used in the recipe. In practice, the actual amounts of ingredients added are not measured to this level of accuracy, and can vary reasonably widely, for example by up to 5%. Thus, these numbers should not be read as requiring a high precision in measuring, and · actual test products made to these formulations will have varying amounts of the given ingredients, at amounts within about 5% of the target levels.

The batching step (1) is a weighing and mixing step. Where there is only one weighing and mixing step at the outset, all ingredients in the recipe outlined above (which may not include all ingredients, due to later addition of flavour and/or colour) are weighed in appropriate amounts > and mixed. This step may also involve pre-heating, for instance pre-heating to a temperature in the range of about 40 - 100°C. Pre-heating may be conducted in a single stage, or in multiple stages. A s one example, the product may be pre-heated to a temperature in the range of 40 - 60°C in a mixing vessel where the raw ingredients are weighed in and mixed, and further pre-heating may occur to bring the temperature to a temperature in the range of 50°C to 100°C in a pre¬ heating vessel, such as a heat exchanger. 2 . Heating/Cooking The ingredients are heated to 75°C with stirring, to dissolve the sugars and to reduce the water content o f (cook) the composition. Although pre-cooking is not indicated, the cooking process (2) may involve single- stage cooking in one operation, or it may comprise pre- cooking followed by a final cooking stage. Cooking can be conducted by any suitable means . In this example, the composition is heated through a first heat exchange and pumped to a holding tank. In some examples, the ingredients were heated to different temperatures as appropriate for the recipe.

3 . Cooling Cooling step (3) may involve natural cooling through resting, or may involve active cooling such as cooling in any suitable device such as a vacuum chamber. The marshmallow composition of the test embodiments prepared was cooled to about 55°C or 60°C with stirring, through a second heat exchange. The final target total solids is about 74.5 +/- 0.5%.

. Aeration Aeration (4) i conducted in a Mondomix. The confectionery composition after cooling is aerated to a target density of 0.52 kg/1 (or about 530 on the Mondomix settings) , although some products were made with varying densities between 0.4 and 0.6 kg/1. The temperature of the composition as it enters the Mondomix is preferably about 50°C, so this may require the preceding cooling step to be performed to a lower level, or otherwise the composition may cool further during passage to the Mondomix. Typical Mondomix settings are mixing head speed of 200rpm, mixing head pressure of 3.7, 2.7 (Mondo 1,2); and density setting of 530. This "density setting" controller does not control the density to this specific value, but provides a guide to the density obtained. The actual density obtained in the trails was below this setting level. Other settings on the Mondomix can be controlled as desired to achieve the required foam confectionery composition consistency.

Manual testing of the density of the aerated foamed confectionery composition can be tested periodically (such as every 15 minutes) through weighing a sample volume of the composition to check it is at the required density. The density sought from the manual testing of this embodiment is around 0.48 +/- 0.01 g/ml (g/cm3).

4a. Colour/ flavour addition Although not shown as a separate step, colour and/or flavour can be added before, during or after aeration, or at a combination of timepoints. For the production of a vanilla- flavoured marshmallow, vanilla flavour is added, and no colour. For the production of a raspberry- flavoured marshmallow, red colour and raspberry flavour is added. The flavour, or colour and flavour, in the trials was added before aeration.

5 . Raw material preparation for the centre filling The centre-filled foamed confectionery pieces of the embodiments prepared contained 3 different fillings - a raspberry filling, a chocolate filling and a caramel filling. The pre-prepared fillings were prepared from a sugar-based syrup, a thickener, water, flavour and colour. Corresponding sugar- free fillings can be prepared with a sugar substitute in place of the sugar. The chocolate filling also contains cocoa liquor. The centre filling composition was provided as a pre-prepared composition, without acid. Acid is added to the raspberry filling in the required amounts during the raw material preparation step. No acid was required for the caramel and chocolate fillings . The relative amounts of ingredients in the centre filling provide a water activity of about 0.66 (caramel 0.663; chocolate 0.627; raspberry 0.699). The relative amounts of ingredients in the centre filling provided consistometer test readings of about 2.5 cm in one minute at 33°C (raspberry was 2 cm and caramel 3 cm) . The trial of chocolate with a higher consistometer reading of 6cm was prepared for comparative purposes, although a chocolate filling having a reduced consistometer reading can be prepared to produce good quality products by adjusting the composition appropriately. The density of the three fillings tested was about 1.2 — 1.3 g/cm 3 .

Consistometer testing Consistometer testing was conducted on a Bostwick Consistometer. The test procedure was as follows:

(1) The Bostwick Consistometer was set up according to the instructions for the use of the instrument, which involves ensuring that the instrument is set at the angle it is designed to be operated at, and the instrument levelled to ensure that it is centred. In specific terms, the two twist screws located in the rear of the instrument were adjusted if required to raise or lower the sides of the instrument, and were also adjusted if required until the levelling bubble on the fron of the instrument is centered.

(2) The product gate of the instrument was closed and cocked. In specific terms, this was achieved by pulling the gate down, and while holding it in this depressed position, pulling the lever arm up as far as it will go. The product gate is now in its cocked position.

(3) The sample for testing was poured into the sample reservoir. The sample reservoir was filled up to the top W

40

of the product gate .

(4) The sample was released by pressing down on the lever arm. The sample was allowed to run along (down) the slope 5 of the instrument for 1 minute.

5 ) The distance that the sample ran down the slope during 1 minute interval was recorded. The slope has graduation marks indicating the distance in centimeters. This value 10 in centimeters record this value as the consistency of the product .

The Bostwick Consistometer was washed with warm soapy water after the reading has been taken, and dried 15 completely, so that it would be ready for re-use.

6 . Passage to depositor, with temperature control The centre filling composition is pumped to the depositor. The passage or conduit is jacketed, and through this 20 mechanism the temperature is raised to about 35°C.

7 . Co-depositing Co -depositing is performed in a one -shot depositor. The one shot depositor contains supply hoppers for the centre 25 filling and the foamed casing. The supply hoppers are water jacketed to control the temperature of the casing and filling compositions prior to depositing. The pipes are also jacketed. The hopper temperature is usually held a little higher than the deposition temperature, due to 30 loss of temperature when the compositions are pumped to the depositing nozzle. In the trial embodiments, the hoppers are held at about 40°C, although the temperatures could be different to this, such as around 35°C to 45°C.

35 8 . Starch mould moved in place The centre-filled marshmall'ow products of the trials were co-deposited into a starch tray, containing depressions of a shape corresponding to the desired product. Starch moulding, qr mogul moulding, is well known in the art and is operated in accordance with standard processes. The starch temperature is about 30 - 33°C.

9 . Centre-filled marshmallow product

The centre-filled product (9) is deposited into the depressions/impressions or mould of the starch mould. The product sets within 4 minutes of being deposited, through the earlier controls in the depositing temperature, the foamed confectionery composition, and the time controls after preparation of the casing confectionery composition until depositing.

Setting was tested by touching the upper surface of the foamed confectionery to allow the foamed confectionery to stick to a fingertip, lifting the foamed confectionery and rotating the finger to allow the foamed confectionery to rest on the fingertip. As represented in Figure 3 , the set marshmallows retained the shape of the mould/retained their form (as represented in grey) and did not sag or slump when subjected to this setting test. The shape of a product that sags or slumps, and thus fails the setting test, are represented in Figure 3 by the broken line and arrows showing the typical direction of slumping.

The upper exposed surface of the centre-filled product (9) in the starch bed is dusted with starch to avoid individual pieces sticking together when removed from the starch at later stage.

The products (9) in the starch tray are stoved in a stoving room until setting and drying is complete, and are then removed from the starch and packaged.

A s shown in Figure 2 , the product (9) has a foamed confectionery casing (10) and a centre filling (11). The centre filling volume is about 16% of the product.

The trials performed with a chocolate filling having a consistometer test reading of 6cm, but with all other manufacturing conditions and marshmallow composition being the same, were found to produce a significantly inferior product, with sinking of the filling through the casing before setting could be achieved. In contrast, products with a controlled consistometer reading within the range of 1 .5 - 4cm, in combination with the set water activity and setting conditions for the casing, produced commercially acceptable products.

Example 2 - Three-Stage Deposited Product

Centre-filled marshmallow products were also prepared by a three-stage deposition process.

In this process, the foamed confectionery compositions and centre filling compositions were as described for Example 1 , and were prepared by the same techniques .

The method used to form the product was the same as for that used in Example 1 , with the exception of the method details relating specifically to co-deposition techniques. Instead of those techniques, the following techniques were used. These are described below with reference to Figure 4 .

In Figure 4 , the same reference numerals are used as in Figures 1-3, with the following additional references:

10a - First deposit of foamed confectionery casing 10b - Second deposit of foamed confectionery casing 12 - First depositor station 13 - Second depositor statior 14 - Third depositor station. 10a and 10b together form the entire foamed confectionery casing.

The batching step was used to form the marshmallow composition which was used at both the first depositor station 12 and third depositor station 14. The range o f marshmallow compositions/recipes include those outlined in the tables o f Group 1 and Group 2 . The heating/cooking, cooling, aeration and colour/ flavour addition are performed as described in Example 1 .

Raw material preparation for the centre filling and controlling passage o f this material to the depositor (in this case, a separate depositor) is also performed as described in Example 1 .

The depositing steps are adjusted as compared to Example 1 , so that depositing of the marshmallow composition is performed at the first and third depositor stations 12 and 14, with the centre filling deposited at depositor station 13. The supply hoppers for each station are charged with the required composition, and are water jacketed to control the temperature of the composition.

The starch mould tray is moved to the first depositor station 12 where a 2.0 gram deposit of marshmallow (0.500 kg/1 at 45°C) is deposited into each mould cavity forming the first deposit o f the marshmallow casing 10a. The starch mould tray is then moved to the second depositor station 13 where a 0.5 gram amount o f centre filling 11 is accurately deposited on top of the first deposit 10a. This is controlled to avoid a tail o f the filling falling towards the outer wall of the product, creating a leak point. The starch mould tray is then moved to the, third depositor station 14 where a 1.5 gram deposit of marshmallow (0.500 kg/1 at 45°C) is deposited on top of the filling to "cap off" the product and form a casing around the centre-filling.

The two deposits of marshmallow composition set within 4 minutes of being deposited. Setting was tested as described in Example 1 . A process for the preparation of a foamed confectionery containing a non- foamed centre filling, the process comprising the steps o f :

(i preparing a foamed confectionery composition,

(ii) depositing the foamed confectionery composition and a centre filling composition so that the foamed confectionery composition forms a casing around the centre filling, wherein the casing is formed from a single deposit of foamed confectionery composition or from two or more separate deposits of foamed confectionery composition to surround the centre filing, and wherein the centre filling has a water activity of between 0.55 and 0.75, and a measurement of between 1.5 and 4 centimetres at a centre filling temperature o f 33°C when subjected to consistometer testing;

(iii) allowing the foamed confectionery composition casing to set to produce the foamed confectionery, wherein the time between deposition of the single or first deposit of foamed confectionery composition, and setting of said single or first deposit of foamed confectionery composition, is 4 minutes or less so that the centre filling is prevented from dropping through to surface of the casing.

The process of claim 1 , wherein the foamed confectionery composition is a marshmallow composition.

The process of claim 1 or claim 2 , wherein the foamed confectionery composition is deposited at a density o f between 0.3 to 0.6 kg/1.

The process of any one of claims 1 to 3 , wherein the centre filling is deposited at a density of between . and 1.3 g/cm .

The process o f any one of the preceding claims, wherein the centre filling and casing are deposited at relative amounts of between 10% and 20% filling to 90% - 80% casing.

The process of any one of the preceding claims, wherein the foamed confectionery composition sets within 3 minutes of the single or first deposit.

The process o f any one of the preceding claims, wherein the step of preparing the foamed confectionery composition comprises forming a slurry of foamed confectionery composition with a solids content of between 70% and 80%, and aerating the slurry to form the foamed confectionery composition.

The process of any one of the preceding claims, wherein the temperature of the foamed confectionery composition at deposition is between 25°C and 50°C.

The process of ny one of the preceding claims, wherein the deposition temperature for the centre filling is between 25°C and 50°C.

The process of any one of the preceding claims, wherein the foamed confectionery composition is deposited at a temperature that is within 5°C of the deposition temperature of the centre filling.

The process of any one of the preceding claims, wherein the foamed confectionery composition casing and centre filling are deposited with water activities within 0.1 of each other.

12. The process o f any one of the preceding claims, wherein the ,centre filling comprises a sugar or sugar substitute, a thickener, water, flavour and colour.

13 . T h e process of any one of the preceding claims, wherein the centre filling is selected from the group consisting of caramel, chocolate and fruit- flavoured fillings.

14. The process of any one of the preceding c la im s , wherein the depositing step comprises depositing into a mould.

15 . A process for the preparation of a foamed confectionery containing a non-foamed centre filling, the process comprising the steps o :

(i) preparing a foamed confectionery composition,

(ii) co-depositing the foamed confectionery composition with a centre filling so that the foamed confectionery composition forms a casing around the centre filling, wherein the centre filling has a water activity of between 0.55 and 0.75, and a measurement of between 1.5 and centimetres at a centre filling temperature of 33°C when subjected to consistometer testing;

(iii) allowing the foamed confectionery composition casing to set to produce the foamed confectionery,

wherein the timing between the deposition step (ii) and the point at which the foamed confectionery composition casing sets is controlled so that the casing sets within 4 minutes from depos ion and the centre filling is prevented from dropping through to surface of the casing.

A process for the preparation of a foamed confectionery containing a non-foamed centre filling, the process comprising the steps of :

(i) preparing a foamed confectionery composition,

(iia) depositing a first deposit of foamed confectionery composition,

(iib) depositing a centre filling onto the first deposit of foamed confectionery composition, wherein the centre filling has a water activity of between 0.55 and 0.75, and a measurement of between 1.5 and 4 centimetres at a centre filling temperature of 33°C when subjected to consistometer testing,

(iic) depositing a second deposit of foamed confectionery composition onto the centre filing so that the foamed confectionery composition forms a casing around the centre filling, an

(iii) allowing the foamed confectionery composition casing to set to produce the foamed confectionery,

wherein the timing between the first deposition step (iia) and the point at which the foamed confectionery composition casing sets is controlled so that the casing sets within 4 minutes from the first deposition and the centre filling is prevented from dropping through to a surface o f the casing.

17. A foamed confectionery containing a npn- foamed centre filling prepared by the process of any one of claims 1 to 16.

A foamed confectionery containing a non- foamed centre filling.

The foamed confectionery of claim 18, wherein the non foamed centre filling is a liquid or flowable centre filling.

The foamed confectionery of claim 1 8 or claim 19, wherein the non- foamed centre filling has a water activity o f between 0.55 and 0.75, and a measurement of between 1.5 and 4 centimetres at a centre filling temperature o f 33°C when subjected to consistometer testing..

The foamed confectionery of any one of claims 18 to 20, which is a marshmallow confectionery comprising a marshmallow casing.

The foamed confectionery of any one of claims 18 to 21, comprising a one -part foamed confectionery casing that completely encases the centre filling.

The foamed confectionery of any one of claims 18 to 22, wherein the foamed confectionery is prepared by co-depositing a casing of foamed confectionery composition and the centre filling.

24. The foamed confectionery of any one of claims 18 to 21, wherein the foamed confectionery comprises a foamed confectionery casing of two or more parts which together encase the centre filling.

25. The foamed confectionery of any one of claims 18 to 24, comprising a foamed confectionery casing with a density of between 0.3 to 0.6 kg/1. 26. The foamed confectionery of any one of claims 18 to 25, wherein the centre filling has a density of between 0 . and 1 .3 g/cm .

27. The foamed confectionery of any one of claims 18 to 26, comprising between 10% and 20% filling and between 90% and 80% foamed confectionery casing.

28. The foamed confectionery of any one of claims 18 to 27, wherein the water activities of the casing and centre filling are within 0.1 of each other.

29. The foamed confectionery of any one of claims 18 to 28, wherein the centre filling comprises a sugar or sugar substitute, a thickener, water, flavour and colour .

30. The foamed confectionery of any one of claims 18 to 29, wherein the centre filling is selected from the group consisting of caramel, chocolate and fruit- flavoured fillings.

INTERNATIONAL SEARCH REPORT International application No.

PCT/AU20 0/00 1475

A . CLASSIFICATION OF SUBJECT MATTER , Int. CI. A23G / 52 (2006.01) A23G 3/54 (2006.01)

According to International Patent Classification (IPC) or to both national classification and IPC

B. FIELDS SEARCHED

Minimum documentation searched (classification system followed by classification symbols)

Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched

Electronic data base consulted during the international search (name of data base and, where practicable, search terms used) EPODOC, WPI (confectionery, candy, stuffed marshmallow, centre-fill, aerate/foam/air bubble casing/deposit/coat/encapsulate)

C. DOCUMENTS CONSIDERED TO BE RELEVANT

Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim No.

U S 2006/0 193967 A l (TUCKER) 3 1 August 2006 X Paragraphs [00 17-0035] 18-30

U S 2008/0268 105 A l (SEITZ) 3 0 October 2008 X Paragraphs [0006-0007] 18-30

U S 6 800 3 12 B l (BIGGS) 0 5 October 2004 X Claims 1-10 18-30

Zephyr Cupid [retrieved o n 10 January 201 1] Retrieved from internet published o n 0 7 January 2009 as per Google L,X Whole document 18-30

X Further documents are listed in the continuation o f Box C X See patent family annex

Special categories o f cited documents: document defining the general state o f the art which is "T" later document published after the international filing date o r priority date and not in not considered to be o f particular relevance conflict with the application but cited to understand the principle or theory underlying the invention earlier application o r patent but published on or after the "X" document o f particular relevance; the claimed invention cannot be considered novel international filing date or cannot be considered to involve an inventive step when the document is taken alone document which may throw doubts on priority claim(s) or "Y" document o f particular relevance; the claimed invention cannot be considered to which is cited to establish the publication date of another involve an inventive step when the document is combined with one or more other citation or other special reason (as specified) such documents, such combination being obvious to a person skilled in the art Ό ' document referring to an oral disclosure, use, exhibition "&" document member of the same patent family or other means

"P" document published prior to the international filing date but later than the priority date claimed Date of the actual completion of the international search Date of mailing of the international search report JAN 2011 10 January 201 1 1 Name and mailing address of the SA AU Authorized officer AUSTRALIAN PATENT OFFICE CALLEN PUAH PO BOX 200, WODEN ACT 2606, AUSTRALIA AUSTRALIAN PATENT OFFICE E-mail address: [email protected] (ISO 9001 Quality Certified Service) Facsimile No. +61 2 6283 7999 Telephone No : +61 2 6283 2064

Form PCT/ISA/210 (second sheet) (July 2009) INTERNATIONAL SEARCH REPORT International application No. PCT/AU2010/001475

C (Continuation). DOCUMENTS CONSIDERED TO BE RELEVANT

Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim No. Neowin Aeration Technology [retrieved on 1 December 2010] Retrieved from internet published on 0 April 2009 as per Whois Registry L,X Whole document 1-30

Patent Abstracts of Japan JP 2003-230353 A (YAMAZAKI BAKING CO LTD) 19 August 2003 Abstract, Examples 1-4

Aji Ichiban [retrieved on 10 January 201 1] Retrieved from internet Whole document 18-30

(The International Searching Authority is unable to establish the publication date of the above citation, however the citation is relevant to the claimed invention with respect to novelty and/or inventive step.)

Form PCT/ISA/210 (continuation of second sheet) (July 2009) INTERNATIONAL SEARCH REPORT International application No. PCT/AU20 10/00 1475

Box No. II Observations where certain claims were found unsearchable (Continuation of item 2 of first sheet)

This international search report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons: 1. Claims Nos.: because they relate to subject matter not required to be searched by this Authority, namely:

2. . □ Claims os .: because they relate to parts of the international application that do not comply with the prescribed requirements to such an extent that no meaningful international search can be carried out, specifically:

3. I Claims Nos.: because they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a)

Box No. Ill Observations where unity of invention is lacking (Continuation of item 3 of first sheet)

This International Searching Authority found multiple inventions in this international application, as follows: See Supplemental Box.

I 1 As all required additional search fees were timely paid by the applicant, this international search report covers all searchable claims. I As all searchable claims could be searched without effort justifying additional fees, this Authority did not invite payment of additional fees. I As only some of the required additional search fees were timely paid by the applicant, this international search report covers only those claims for which fees were paid, specifically claims Nos.:

No required additional search fees were timely paid by the applicant. Consequently, this international search report is restricted to the invention first mentioned in the claims; it is covered by claims Nos.:

I I The additional search fees were accompanied by the applicant's protest and, where applicable, the payment of a protest fee.

I The additional search fees were accompanied by the applicant's protest but the applicable protest fee was not paid within the time limit specified in the invitation.

No protest accompanied the payment of additional search fees.

Form PCT ISA 2 0 (continuation of first sheet (2)) (July 2009) INTERNATIONAL SEARCH REPORT International application No. PCT/AU20 0/001475 Supplemental Box (To be used when the space in any of Boxes I to IV is not sufficient) . . Continuation of Box No: III This International Application does not comply with the requirements of unity of invention because it does not relate to one invention or to a group of inventions so linked as to form a single general Inventive concept.

In assessing whether there is more than one invention claimed, I have given consideration to those features which can be considered to potentially distinguish the claimed combination of features from the prior art. Where different claims have different distinguishing features they define different inventions.

This International Searching Authority has found that there are different inventions as follows:

■ Claims 1-17 are directed to a process for the preparation of a foamed confectionery containing a non-foamed centre filling.

■ Claims 18-30 are directed to a foamed confectionery containing a non-foamed centre filling.

PCT Rule 13.2, first sentence, states that unity of invention is only fulfilled when there is a technical relationship among the claimed inventions involving one or more of the same or corresponding special technical features. PCT Rule 13.2, second sentence, defines a special technical feature as a feature which makes a contribution over the prior art.

The only feature common to all of the claims is a foamed confectionery containing a non-foamed centre filling. However this concept is not novel in the light of citations D1-D5.

This means that the common feature can not constitute a special technical feature within the meaning of PCT Rule 13.2, second sentence, since it makes no contribution over the prior art. Because the common feature does not satisfy the requirement for being a special technical feature it follows that it cannot provide the necessary technical relationship between the identified inventions. Therefore the claims do not satisfy the requirement of unity of invention a posteriori.

Form PCI7ISA/210 (extra sheet)(July 2009) INTERNATIONAL SEARCH REPORT International application No. Information on patent family members PCT/AU2010/001475

This Annex lists the known "A" publication level patent family members relating to the patent documents cited in the above-mentioned international search report. The Australian Patent Office is in no way liable for these particulars which are merely given for the purpose of information.

Patent Document Cited in Patent Family Member Search Report

US 2006 193967 NONE US 2008268105 NONE US 68003 12 NONE JP 2003230353 JP 3735076

Due to data integration issues this family listing may not include 10 digit Australian applications filed since May 2001 .

END OF ANNEX

Form PCT ISA 2 10 (patent family annex) (July 2009)