(12) United States Patent (10) Patent No.: US 6,613,366 B1 Fitzpatrick (45) Date of Patent: Sep
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USOO6613366B1 (12) United States Patent (10) Patent No.: US 6,613,366 B1 Fitzpatrick (45) Date of Patent: Sep. 2, 2003 (54) ENZYME-RICH SPROUTED FOOD Edmond B. Szekely, “The Book of Living Foods”, 1977, p. PRODUCTS WITH LIMITED PH DROPAND 14 Pub. by International Biogenic Soc., B.C., Canada. METHODS OF MAKING SAME Dr. and Mrs. Elton Baker, “The Uncook Book”, 1980, pps. 106–108112, 116, 177, Pub. by Communication Creativity, (75) Inventor: Michael Fitzpatrick, Uniondale, NY Sauguache, CO. (US) Leslie and Suzannah Kenton, “Raw Energy', 1984, p. 265, Published by Warner Books, New York, NY. (73) Assignee: The Harvest Festival Ltd., Uniondale, Steve Meyerowitz, “Sprout Bread”, 1989, pp. 8-12, 14, 25, NY (US) Published by The Sprout House, Great Barrington, MA. Steve Meyerowitz, “Sprout Bread” cassette tape, produced (*) Notice: Subject to any disclaimer, the term of this by The Sprout House, Great Barrington, MA, no date. patent is extended or adjusted under 35 Steve Meyerowitz, “The Sprout House Newsletter', Sep. U.S.C. 154(b) by 0 days. and Nov. issues, Pub. by The Sprout House, Great Bar rington, MA, no date. (21) Appl. No.: 10/096,886 Frazier and Westhoff, Food Microbiology, 3rd ed., 1978, pp. 107, 164–165, 187, Pub. By McGraw-Hill Book Company, (22) Filed: Mar 13, 2002 New York. Advertisements for Nature's Path's Manna Bread Sprout Related U.S. Application Data Breads & Sprouted Organic Flakes, Nature's Path Foods (63) Continuation-in-part of application No. 09/487,669, filed on Inc, Delta, Canada, no date. Jan. 19, 2000, now abandoned, which is a continuation-in Article entitled “Green Barley”, No. 1, 1988, Published by part of application No. 08/535,360, filed on Sep. 28, 1995, Immune Group, Bero Beach, FL. now abandoned, which is a continuation-in-part of applica tion No. 08/314,453, filed on Sep. 28, 1994, now abandoned, Product Wrappers from Various Sprouted Grain Products, which is a continuation-in-part of application No. 08/108, No date. 176, filed on Aug. 17, 1993, now abandoned, which is a Elizabeth and Dr. Elton Baker, The UNcook Book, 1980, continuation-in-part of application No. 07/806,580, filed on pps. 111-115 125, 154, 167, 175-117, Communication Dec. 12, 1991, now abandoned, which is a continuation-in Creativity, Saguache, CO. part of application No. 07/481,579, filed on Feb. 16, 1990, now abandoned, and a continuation-in-part of application “History of the Manufacture and Sale of Unsweetened NP No. 08/307,384, filed on Sep. 14, 1994, now abandoned, Class Crackers Having Sesame or Carrots as One of Their which is a continuation-in-part of application No. 08/087, Ingredients” by Michael Fitzpatrick (Nov. 15, 1994). 109, filed on Jul. 2, 1993, now abandoned, which is a “Revised History of the Manufacture and Sale of Unsweet continuation-in-part of application No. 07/559,100, filed on ened NPClass Crackers Having Sesame Seed or Carrots as Jul. 30, 1990, now abandoned. One of Their Ingredients” by Michael Fitzpatrick (Jan. 19, (51) Int. Cl." .................................................. A23L 1/28 2000). (52) U.S. Cl. ........................... 426/61; 426/18; 426/459; Copy of Ceral Box Cover from Sprouts7 Breakfast Cereal, 426/460; 426/615; 426/618; 426/629; 426/634 Produced by Health Valley Foods, 700 Union St., Monte (58) Field of Search .............................. 426/18, 19, 28, bello, CA, no date. 426/31, 61, 64, 615, 618, 622, 629, 634, Copy of Box Cover from Manna Millet Rice Flakes and 3 640, 443, 452, 455, 459, 460 varieties of Manna Flakes, Nature's Path Foods Inc., Delta, B.C., Canada, no date. (56) References Cited Copy of Box Cover for “Fiber7 Flakes”, Health Valley Foods, Inc Irwindale, CA 91076-7811, no date. U.S. PATENT DOCUMENTS Frazier and Westhoff, Food Microbiology, 4th ed., 1988, pp. 4,004,034 A 1/1977 Delhaye et al. ............... 426/29 5, 10, 24, Published by McGraw-Hill Book Company, New 4,233,405 A 11/1980 Neubeck ....... ... 435/187 York. RE32,416 E 5/1987 Long ........................... 426/19 4,673,578 A 6/1987 Becker et al. ................ 426/93 Primary Examiner Leslie Wong 4,859.486 A 8/1989 Douglass .................... 426/629 (57) ABSTRACT OTHER PUBLICATIONS A class of food products whose nutrients have not been Dr. Edward Howell, “The Status of Food Enzymes in damaged by heat during the preparation process. These Digestion and Metabolism”, 1946 (Republished in 1980 as products are prepared with methods to limit Souring thus permitting these food products to be prepared at a tempera Dr. Edward Howell, “Food Enzymes for Health and Lon ture low enough to minimize damage to Vital nutrients gevity”, 1980, p. XV, 107-124, Pub. by Omangod Press, (especially enzymes) without the objectionable excessive Woodstock Valley, CT. SourneSS and bitterness of Similar products prepared without Dr. Edward Howell, “Enzyme Nutrition, The Food Enzyme Such methods. The result is a new class of delicious and Concept”, 1985, pps. 72, 123-4, Pub. by Avery Publishing nutrient rich health food products with many health benefits. Group, Inc. Wayne,NJ. Also disclosed is a Wet Grain Press for quickly and easily Edmond B. Szekely, trans., “The Essene Gospel of Peace”, compressing very Wet Sprouts. 1928 pp. 40-41, Pub. by International Biogenic Soc., B.C., Canada. 31 Claims, 5 Drawing Sheets U.S. Patent Sep. 2, 2003 Sheet 1 of 5 US 6,613,366 B1 U.S. Patent Sep. 2, 2003 Sheet 2 of 5 US 6,613,366 B1 O CY) No CNO CN o sm OO CN OO (N CN (DN OO- S CN& S. CNr & S CN U.S. Patent Sep. 2, 2003 Sheet 3 of 5 US 6,613,366 B1 U.S. Patent Sep. 2, 2003 Sheet 4 of 5 US 6,613,366 B1 s U.S. Patent Sep. 2, 2003 Sheet 5 of 5 US 6,613,366 B1 9 S. o & g s o US 6,613,366 B1 1 2 ENZYME-RICH SPROUTED FOOD 1946 (published by the National Enzyme Company, Forsyth, PRODUCTS WITH LIMITED PH DROPAND Mo. and republished by Omangod Press, Woodstock Valley, METHODS OF MAKING SAME Conn. in 1980 under the title Food Enzymes for Health and 1.O RELATED APPLICATION Longevity), increasing numbers of health-conscious con 5 Sumers in the organic foods movement have Sought to follow This application is a continuation-in-part of a previous an all raw food diet. In this book, Dr. Howell, through application filed in the United States Patent and Trademark numerous references to research reports and Studies con Office by Michael Fitzpatrick on Jan. 19, 2000 titled ducted by himself and many others at hospitals, universities, “Enzyme-rich Sprouted Food Products with Limited pH and laboratories both here and abroad, attempts to prove the Drop and Apparatus and Methods of Making Same” and following points: assigned Ser. No. 09/487,669, now abandoned, which was a (1) Every living organism is born with a limited Store of continuation-in-part of a previous application filed in the enzyme energy, and, as this Store of enzyme energy is United States Patent and Trademark Office by Michael exhausted, various kinds of degenerative diseases begin Fitzpatrick on Sep. 28, 1995 titled “Enzyme-rich Sprouted to overwhelm the organism. Food Products with Limited Souring and Apparatus and (2) Our digestive System was designed to utilize the Methods of Making Same” and assigned Ser. No. 08/535, 15 enzymes present in raw food to begin the digestion of 360, (abandoned) which was a continuation-in-part of each that food. of two previous applications filed in the United States Patent (3) When raw food is heated to a temperature in excess of and Trademark Office by Michael Fitzpatrick. 118° F (48 C.), the enzymes present in that food begin The first such previous application, filed on Sep. 28, 1994, to be destroyed. On page 72 of his book Enzyme and titled “Enzyme-rich Sprouted Food Products with Lim Nutrition, The Food Enzyme Concept (Avery Publish ited Souring and Apparatus and Methods for Making Same” ing Group Inc., Wayne, N.J., 1985), Dr. Edward Howell and assigned Ser. No. 08/314,453, (abandoned), was a writes of his work to determine the temperature at continuation-in-part of U.S. Application Ser. No. 08/108,176 which enzymes are destroyed: “When I was in active filed on Aug. 17, 1993, (abandoned), which was a medical practice, I developed a special electrothermo continuation-in-part of U.S. application Ser. No. 07/806, 25 therapy immersion apparatus to apply high temperature treatment to specific parts of the body to Stimulate local 580, filed Dec. 12, 1991 (abandoned), which was a enzyme activity. This activity increases two to three continuation-in-part of U.S. application Ser. No. 07/481, times for every 10 F. increase in local temperature. I 579, filed Feb. 16, 1990 (abandoned). modified Some of this apparatus to permit experiments The Second Such previous application, filed on Sep. 14, to determine the thermal death point of protoplasm 1994, and titled “Shelf-stable Enzyme-rich Sprouted Seed (living matter), and found that immersion in water at Products and Apparatus and Methods for Making Same” and 118° F (48 C.) destroyed enzymes in a half-hour. The assigned Ser. No. 08/307,384, (abandoned), was a temperature of 118° F (48 C.) also blistered the skin, continuation-in-part of U.S. application Ser. No. 08/087,109 and prevented Subsequent germination of Seeds when filed on Jul. 2, 1993 (abandoned), which was a continuation they were immersed for a half-hour.” Subsequent in-part of U.S.