throbber

`
`APPLICATION
`NUMBER
`61/024,072
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`A,
`(OX
`Address: COMMISSIONER FOR PATENTS
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`FILING or
`371(c) DATE
`01/28/2008
`
`GRP ART
`UNIT
`
`
`
`
`
`FIL
`
`FEE REC'D
`210
`
`ATTY.DOCKET.NO
`NATNUT-14409/US-4/PRO
`CONFIRMATIONNO. 3084
`
`ITOT CLAIMSIND CLAIMS
`
`FILING RECEIPT
`
`AOA
`
`Date Mailed: 02/26/2008
`
`72960
`
`140SecoDive
`
`It will not be examined for patentability and will
`Receipt is acknowledged of this provisional patent application.
`become abandonednotlater than twelve monthsafter its filing date. Any correspondence concerning the application
`mustinclude the following identification information: the U.S. APPLICATION NUMBER, FILING DATE, NAME OF
`APPLICANT, and TITLE OF INVENTION. Feestransmitted by checkor draft are subject to collection. Please verify
`the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please write to the
`Office of Initial Patent Examination's Filing Receipt Corrections. Please provide a copyof this Filing Receipt
`with the changes noted thereon. If you received a "Notice to File Missing Parts"for this application, please
`submit any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the
`reply to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
`
`Applicant(s)
`
`Inge Bruheim, Volda, NORWAY;
`Asegir Saebo, Eidsnes, NORWAY;
`Snorre Tilseth, Bergen, NORWAY;
`Mikko Griinari, Espoo, FINLAND;
`Powerof Attorney: The patent practitioners associated with Customer Number 72960
`
`If Required, Foreign Filing License Granted: 02/25/2008
`The country code and number of your priority application, to be usedfor filing abroad under the Paris Convention,
`is US 61/024,072
`Projected Publication Date: None, application is not eligible for pre-grant publication
`Non-Publication Request: No
`Early Publication Request: No
`Title
`
`Bioeffective krill oil compositions
`
`PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
`
`Since the rights granted by a U.S. patent extend only throughoutthe territory of the United States and have no
`effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent
`in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international
`application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same
`effect as a regular national patent application in each PCT-member country. The PCT process simplifies the filing
`of patent applications on the same invention in member countries, but does notresult in a grantof "an international
`page 1 of 3
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0001
`
`page 0001
`
`

`

`patent" and doesnoteliminate the needof applicantsto file additional documents and fees in countries where patent
`protection is desired.
`
`Almost every country has its own patent law, and a person desiring a patent in a particular country must make an
`application for patent in that country in accordancewith its particular laws. Since the laws of many countries differ
`in various respects from the patent law of the United States, applicants are advised to seek guidance from specific
`foreign countries to ensure that patent rights are not lost prematurely.
`
`Applicants also are advised that in the case of inventions madein the United States, the Director of the USPTO must
`issue a license before applicants can apply for a patent in a foreign country. Thefiling of a U.S. patent application
`serves as a request for a foreign filing license. The application's filing receipt contains further information and
`guidance asto the status of applicant's license for foreign filing.
`
`Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents”(specifically, the
`section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlinesfor filing foreign
`patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it
`can be viewed on the USPTO website at http://“www.uspto.gov/web/offices/pac/doc/general/index.html.
`
`For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish
`to consult the U.S. Government website, http:/Avww.stopfakes.gov. Part of a Department of Commerceinitiative,
`this website includes self-help "toolkits" giving innovators guidance on how to protectintellectual property in specific
`countries such as China, Korea and Mexico. For questions regarding patent enforcementissues, applicants may
`call the U.S. Governmenthotline at 1-866-999-HALT (1-866-999-4158).
`
`LICENSE FOR FOREIGN FILING UNDER
`
`Title 35, United States Code, Section 184
`
`Title 37, Code of Federal Regulations, 5.11 & 5.15
`
`GRANTED
`
`if the phrase "IF REQUIRED, FOREIGN FILING
`The applicant has been granted a license under 35 U.S.C. 184,
`LICENSE GRANTED"followed by a date appears on this form. Such licenses are issuedin all applications where
`the conditions for issuance of a license have been met, regardless of whether or not a license may be required as
`set forth in 37 CFR 5.15. The scope andlimitations of this license are set forth in 37 CFR 5.15(a) unless an earlier
`license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The
`date indicatedis the effective date of the license, unless an earlier license of similar scope has been granted under
`37 CFR 5.13 or 5.14.
`
`This licenseis to be retained by the licensee and maybe usedat any time onor after the effective date thereof unless
`it is revoked. This license is automatically transferred to any related applications(s) filed under 37 CFR 1.53(d). This
`license is not retroactive.
`
`The grantof a license doesnot in any way lessen the responsibility of a licensee for the security of the subject matter
`as imposed by any Governmentcontract or the provisions of existing laws relating to espionage and the national
`security or the export of technical data. Licensees should apprise themselvesof current regulations especially with
`respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of
`State (with respect to Arms, Munitions and Implements of War (22 CFR 121-128)); the Bureau of Industry and
`page 2 of 3
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0002
`
`page 0002
`
`

`

`Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControl, Department of
`Treasury (31 CFR Parts 500+) and the Department of Energy.
`
`NOT GRANTED
`
`No license under 35 U.S.C. 184 has been granted at this time, if the phrase "IF REQUIRED, FOREIGN FILING
`LICENSE GRANTED" DOESNOTappear on this form. Applicant maystill petition for a license under 37 CFR 5.12,
`if a license is desired before the expiration of 6 months from thefiling date of the application. If 6 months has lapsed
`from thefiling date of this application and the licensee has not received any indication of a secrecy order under 35
`U.S.C. 181, the licensee mayforeign file the application pursuant to 37 CFR 5.15(b).
`
`page 3 of 3
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0003
`
`page 0003
`
`

`

`Bioeffective krill oil compositions
`
`Inventors: Inge Bruheim (Volda, Norway), Asgeir Seebe (Eidsnes, Norway), Snorre Tilseth
`
`(Bergen , Norway) and Mikko Griinari (Espoo, Finland).
`
`FIELD OF THE INVENTION
`
`This invention relates to extracts from Antarctic krill that comprise bioactive fatty acids.
`
`BACKGROUND OF THE INVENTION
`
`10
`
`In the Southern Ocean, off the coast of Antarctica, Antarctic krill (Euphausia superba) can be
`
`found in large quantities, ranging from 300-500 million metric tons of biomass. It feeds on
`
`phytoplankton during the short Antarctic summer. During winter, however, its food supply is
`
`limited to ice algae, bacteria, marine detritus as well as depleting body protein for energy [1].
`
`15
`
`In orderto isolate the krill oil from the krill, solvent extraction methods have been used [7-8].
`
`Krill lipids have been extracted by placing the material in a ketone solvent (e.g. acetone) in
`
`order to extract the lipid soluble fraction. This method involves separating the liquid and solid
`
`contents and recovering a lipid rich fraction from the liquid fraction by evaporation. Further
`
`processing steps include extracting and recovering by evaporation the remaining soluble lipid
`
`20
`
`fraction from the solid contents by using a solvent such as ethanol [8]. The compositions
`
`produced by these methods are characterized by containing at least 75 ug/g astaxanthin,
`
`preferably 90 ug/g astaxanthin. Anotherkrill lipid extract disclosed contained at least 250
`
`ug/g canastaxanthin [8], prefcrably 270 ug/g canastaxanthin.
`
`25
`
`Krill oil compositions have been described as being effective for decreasing cholesterol,
`
`inhibiting platelet adhesion,
`
`inhibiting artery plaque formation, preventing hypertension,
`
`controlling athritis symptoms, preventing skin cancer, enhancing transdermal
`
`transport,
`
`reducing the symptoms of premenstrual symptoms or controlling blood glucose levels in a
`
`patient.
`
`[9]
`
`In yet another application, a krill oil composition has been disclosed [4]
`
`30
`
`comprising a phospholipid and/or a flavanoid. The phospholipid content in the krill lipid
`
`extract could be as high as 60% w/w and the EPA/DHAcontent as high as 35% (w/w).
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0004
`
`page 0004
`
`

`

`Furthermore, nutraceuticals, pharmaceuticals and cosmetics comprising the phospholipid
`
`extract were disclosed. Previously, it was also shown that supercritical fluid extraction using
`
`neat COz could be used to prevent the extraction of phospholipids in order to cxtract the
`
`neutral lipid fraction from krill, which comprised of esterified and free astaxanthin [10].
`
`Supercritical fluid extraction with solvent modifier has previously been used to extract marine
`
`phospholipids from salmon roe [11], but has not been previously used to extract phospholipids
`
`from krill meal.
`
`The methods described above rely on the processing of frozen krill that are transported from
`
`10
`
`the Southern Ocean to the processing site. This transportation is both expensive and can
`
`result in degradation of the krill starting material. Data in the literature showing a rapid
`
`decomposition of the oil in krill explains why somekrill oil currently offered as an omega-3
`
`supplement
`
`in the marketplace contains very high amounts of partly decomposed
`
`phosphatidylcholine and also partly decomposed glycerides. Saether et al., Comp. Biochem
`
`15
`
`Phys. B 83B(1): 51-55 (1986). The products offered also contain high levels of free fatty
`
`acids.
`
`What is needed in the art are methods for processing krill that do not require transport of
`
`frozen krill material over long distances and the products produced by those methods.
`
`20
`
`SUMMARYOF THE INVENTION
`
`In a first aspect of the invention is a composition characterized by comprising at least 65%
`
`(w/w) phospholipids.
`
`25
`
`In another aspect of the invention is a composition obtained from aquatic or marine sources,
`
`characterized by comprising 65% (w/w) phospholipids.
`
`In yet another aspect of the invention is a composition obtained from krill, characterized by
`
`comprising at least 65% (w/w) phospholipids.
`
`30
`
`In another aspect of the invention is a composition obtained from krill, characterized by
`
`comprising at least 65% (w/w) phospholipids and at least 39% omega-3 fatty acids (w/w).
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0005
`
`page 0005
`
`

`

`In yet another aspect of the invention is a composition obtained from krill, characterized by
`
`comprising at least 65% (w/w) phospholipids, at least 39% omega-3 fatty acids (w/w) and at
`
`Icast 580 mg/kg astaxanthin esters.
`
`In another aspect of the invention is a composition obtained from krill, characterized by
`
`comprising at least 39% omega-3 fatty acids (w/w)andat least 580 mg/kg astaxanthin esters.
`
`In yet another aspect of the invention is a composition obtained from krill, characterized by
`
`comprising at least 65% (w/w) phospholipids and at least 580mg/kg astaxanthinesters.
`
`10
`
`In yet another aspect is a krill oil effective for reducing insulin resistance, improving blood
`
`lipid profile, reducing inflammation or reducing oxidative stress.
`
`In some embodiments, the present invention provides a composition comprising at least 65%
`
`15
`
`(w/w) of phospholipids, said phospholipids characterized in containing at least 35% omega-3
`
`fatty acid residues. In some preferred embodiments, the composition is derived from a marine
`
`or aquatic biomass.
`
`In some further preferred embodiments, the composition is derived from
`
`krill.
`
`In some embodiments, the composition comprises less than 2% free fatty acids.
`
`In
`
`some embodiments, composition comprises less than 10% triglycerides.
`
`In some preferred
`
`20
`
`embodiments, the phospholipids comprise greater than 50% phosphatidylcholine.
`
`In some
`
`embodiments, the composition compriscs at Icast 500 mg/kg astaxanthin cstcrs.
`
`In some
`
`embodiments,
`
`the composition comprises at least 500 mg/kg astaxanthin esters and at least
`
`36% (w/w) omega-3 fatty acids.
`
`In some embodiments, the composition comprises less than
`
`about 0.5g/100g total cholesterol. In some embodiments, the composition comprises less than
`
`25
`
`about 0.45% arachidonic acid (w/w).
`
`In some embodiments, the present invention provides a krill lipid extract comprising at least
`
`500 mg/kg astaxanthin esters and at
`
`least 36% (w/w) omega-3 fatty acids.
`
`In further
`
`embodiments, the present invention provides a krill lipid extract comprising at least 100
`
`30
`
`mg/kg astaxanthin esters, at least 20% (w/w) omega-3 fatty acids, and less than about 0.45%
`
`arachidonic acid (w/w).
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0006
`
`page 0006
`
`

`

`In some embodiments, the present invention provides methods comprising administering the
`
`foregoing compositions to a subject in an amount effective for reducing insulin resistance,
`
`reducing inflammation, improving blood lipid profile and reducing oxidative stress.
`
`In some embodiments, the present invention provides a krill lipid extract comprising greater
`
`than about 80% triglycerides and greater than about 90 mg/kg astaxanthin esters.
`
`In some
`
`embodiments, the krill lipid extract is characterized in containing from about 5% to about
`
`15% omega-3 fatty acid residues.
`
`In some embodiments,
`
`the krill
`
`lipid extract
`
`is
`
`characterized in containing less than about 5% phospholipids.
`
`In some embodiments,, the
`
`10
`
`krill lipid extract ischaracterized in comprising from about 5% to about 10% cholesterol.
`
`In some cmbodiments, the present invention provides a krill mcal composition comprising
`
`less than about 50g/kg total fat.
`
`In some embodiments, the krill meal composition comprises
`
`from about 5 to about 20 mg/kg astaxanthin esters.
`
`In some embodiments, the krill meal
`
`15
`
`composition comprises greater than about 65% protein.
`
`In some embodiments, the krill meal
`
`composition of comprises greater than about 70% protein.
`
`In some further embodiments, the
`
`present invention provides an animal feed comprising the krill meal of Claim 21.
`
`In some embodiments, the present invention provides methods of increasing flesh coloration
`
`20
`
`in an aquatic species comprising feeding said aquatic species a composition comprising the
`
`krill meal described above.
`
`In some embodiments, the present invention provides mcthods of
`
`increasing growth and overall survival rate of aquatic species by feeding the krill meal
`
`described above.
`
`25
`
`In some embodiments,
`
`the present
`
`invention provides methods of producing krill oil
`
`comprising: a) providing krill meal; and b) extracting oil from said krill meal. In some
`
`embodiments, the krill meal is produced by heat-treating krill. In some embodiments,the krill
`
`meal
`
`is stored prior to said extraction step.
`
`In some embodiments,
`
`the extracting step
`
`comprises extraction by supercritical fluid extraction. In some embodiments, the supercritical
`
`30
`
`fluid extraction is a two step process comprising an extraction with carbon dioxide and an
`
`extraction including ethanol as an entrainer.
`
`In some embodiments, the present invention
`
`providesan oil produced by the foregoing method.
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0007
`
`page 0007
`
`

`

`In some embodiments, the present invention provides methods of production of krill oil
`
`comprising: a) providing fresh krill; b) treating said fresh krill to denature lipases and
`
`phospholipases in said fresh krill to provide a denatured krill product; and c)cxtracting oil
`
`from said denatured krill product.
`
`In some embodiments, the denaturation step comprises
`
`heating of said fresh krill. In some embodiments, the denaturation step comprises heating said
`
`fresh krill after grinding.
`
`In some embodiments, the methods further comprise storing said
`
`denatured krill product at room temperature or below between the denaturation step and the
`
`extraction step.
`
`In some embodiments,
`
`the enzyme denaturation step is achieved by
`
`application of heat.
`
`In some embodiments, the extraction step comprises use of supercritical
`
`10
`
`carbon dioxide, with or without use of a polar modifier.
`
`In some embodiments, the extraction
`
`step comprises use of ethanol.
`
`In some embodiments, the extraction step is comprises ethanol
`
`extraction followed by acctone to precipitation of phospholipids.
`
`In some cmbodiments, the
`
`denatured krill product is a meal. In some embodiments, the present invention providesan oil
`
`produced by the foregoing method.
`
`15
`
`In some embodiments,
`
`the present
`
`invention provides a composition comprising an oil
`
`extracted from krill having a phosphatidylcholine content of greater then about 50% (w/w). In
`
`some embodiments, the oil has a phosphatidylcholine content of greater then about 70%
`
`(w/w).
`
`In some embodiments, the oil has a phosphatidylcholine content of greater then about
`
`20
`
`80% (w/w).
`
`In some embodiments, the composition comprises less than 2% free fatty acids.
`
`In some cmbodiments, the composition comprises Icss than 10% triglyccrides.
`
`In some
`
`embodiments, the composition comprises at least 500 mg/kg astaxanthin esters.
`
`In some
`
`embodiments, the composition comprises less than about 0.45% arachidonic acid (w/w).
`
`25
`
`In some embodiments, the present invention provides composition comprising odorless krill
`
`oil.
`
`In some embodiments, the odorless krill oil comprises less than about 10 mg/kg (w/w)
`
`trimethylamine.
`
`In some further embodiments, the present invention provides an odorless
`
`krill oil produced by the method comprising: extracting a neutral krill oil from a krill oil
`
`containing material by supercritical fluid extraction to provide a deodorized krill material,
`
`30
`
`wherein said neutral krill oil contains odor causing compounds and extracting a polar krill oil
`
`from said deodorized krill material by supercritical fluid extraction with a polar entrainer to
`
`provide an essentially odorless krill oil.
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0008
`
`page 0008
`
`

`

`In some embodiments, the present invention provides a composition comprising krill oil
`
`containing less than about 70 micrograms/kilogram (w/w) astaxanthin esters.
`
`In some
`
`embodiments, the compositions comprise Icss than about 50 micrograms/kilogram (w/w)
`
`astaxanthin esters.
`
`In some embodiments, the compositions comprise less than about 20
`
`micrograms/kilogram (w/w) astaxanthin esters.
`
`In some embodiments,
`
`the compositions
`
`comprise less than about 5 micrograms/kilogram (w/w) astaxanthin esters.
`
`In some embodiments, the present invention provides a krill oil produced by the process
`
`comprising: pumping fresh krill from a trawl onto a ship, heating the krill to provide a krill
`
`10
`
`material, and extracting oil from the krill material.
`
`In further embodiments,
`
`the present
`
`invention provides a blended krill oil composition
`
`comprising: from about 45% to 55% w/w phospholipids; from about 35% to 45% w/w
`
`triglycerides; and from about 400 to about 1500 ppm astaxanthin.
`
`In some embodiments, the
`
`15
`
`blended krill oil product comprises a blend of lipid fractions obtained from Euphausia
`
`superba.
`
`In some embodiments, the composition comprises from about 25% to 30% omega-3
`
`fatty acids as a percentage of total fatty acids and wherein from about 80% to 90% of said
`
`omega-3 fatty acids are attached to said phospholipids.
`
`20
`
`In still other embodiments, the present invention provides a Euphausia superba krill oil
`
`composition comprising: from about 30% to 60% w/w phospholipids; from about 30% to 50%
`
`triglycerides; from about 400 to about 1500 ppm astaxanthin; and from about 20% to 35%
`
`omega-3 fatty acids as a percentage of total fatty acids in said composition, wherein from
`
`about 70% to 95% of said omega-3 fatty acids are attached to said phospholipids.
`
`25
`
`In still further embodiments, the present invention provides a dietary supplement comprising
`
`encapsulated Euphausia superba krill oil comprising from about 30% to 60% w/w
`
`phospholipids; from about 30% to 50% triglycerides; from about 400 to about 1500 ppm
`
`astaxanthin; and from about 20% to 35% omega-3 fatty acids as a percentage of total fatty
`
`30
`
`acids in said composition, wherein from about 70% to 95% of said omega-3 fatty acids are
`
`attached to said phospholipids.
`
`In some embodiments,
`
`the present
`
`invention provides methods of making a Euphausia
`
`superbakrill oil composition comprising: contacting Euphausia superba with a polar solvent
`
`6
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0009
`
`page 0009
`
`

`

`to provide an polar extract comprising phospholipids; contacting Equphasia superba with a
`
`neutral solvent
`
`to provide a neutral extract comprising triglycerides and astaxanthin;
`
`combining said polar cxtract and said neutral cxtract to provide Euphausia superba krill oil
`
`comprising from about 30% to 60% w/w phospholipids;
`
`from about 30% to 50%
`
`triglycerides; from about 400 to about 1500 ppm astaxanthin; and from about 20% to 35%
`
`omega-3 fatty acids as a percentage of total fatty acids in said composition, wherein from
`
`about 70% to 95% of said omega-3 fatty acids are attached to said phospholipids.
`
`In some
`
`embodiments, the methods further comprise the step of encapsulating the Euphausia superba
`
`krill oil.
`
`In some embodiments, the present invention provides a Euphausia superba krill oil
`
`10
`
`produced by the methods described above.
`
`In some cmbodiments,
`
`the present
`
`invention provides methods of producing a dictary
`
`supplement comprising; contacting Euphausia superba with a polar solvent to provide an polar
`
`extract comprising phospholipids; contacting Equphasia superba with a neutral solvent to
`
`15
`
`provide a neutral extract comprising triglycerides and astaxanthin; combining said polar
`
`extract and said neutral extract to provide Euphausia superba krill oil comprising from about
`
`30% to 60% w/w phospholipids; from about 30% to 50% triglycerides; from about 400 to
`
`about 1500 ppm astaxanthin; and from about 20% to 35% omega-3 fatty acids as a percentage
`
`of total fatty acids in said composition, wherein from about 70% to 95% of said omega-3 fatty
`
`20
`
`acids are attached to said phospholipids; and encapsulating said Euphausia superba krill oil.
`
`DESCRIPTION OF THE FIGURES
`
`Figure 1. 31P NMRof Total Lipid of Residue powder from lab scale 3-stage extraction
`
`25
`
`(313 K, 300 bar and up to 24% ethanol).
`
`Figure 2. Cumulative extraction yields for pilot scale trials on krill meal B where: all neutral
`
`lipids are extracted (full N extn); % the neutral lipids are extracted and ethanol is recycled
`
`from the previous run (1/2 N extn); 2 the neutral lipids are extracted and ethanol is recycled
`
`30
`
`for a second time (R2); '4 the neutral lipids are extracted using fresh ethanol (1/2 N, Fr); % the
`
`neutral lipids are extracted and the ethanol recycled from this and the previousrun.
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0010
`
`page 0010
`
`

`

`Figure 3. FLipid profile for krill meal feed (type-A) and extract samples. S1/1 = neutral lipid
`
`main product, S1/2 = phospholipid main product, S2/1 = neutral lipid minor product, S2/2
`
`ctoh = high cthanol fraction dissolved lipids, S2/2 ctoh insol = precipitated lipids.
`
`Figure 4. Lipid profile for krill meal feed (type-B) and extract samples. S1/1 = neutral lipid
`
`main product, S1/2 = phospholipid main product, $2/1 = neutral lipid minor product, S2/2 — 4
`
`= high ethanol second separator fractions at increasing extraction times.
`
`Figure 5. Lipid profile for krill meal feed (type-B) and extract samples. S1/1 = neutral lipid
`
`main product, S1/2 = phospholipid main product, S2/1 — 7 = second separator fractions at
`
`10
`
`increasing extraction times. Run performed with partial extraction of neutral lipids using COz
`
`+5 % ethanol, then in-situ blending/extraction with COQ+ ~ 20 % ethanol.
`
`Figure 6. Second separator product composition and massesas a function of CO2 usage, solid
`
`symbols LH axis, lines RH axis.
`
`15
`
`Figure 7. Summary of 500 bar extraction runs. Legend key, $1 = first separator, 0 or 5 = zero
`
`or 5 % ethanol for first stage of extraction, 0.5 = ~ 1/2 neutral lipid extracted, final figure is
`
`average ethanolat high ethanol flow rate, R = recycle.
`
`20
`
`Figure 8. Phospholipid content in main product as a function of the percentage of neutral
`
`lipids extracted in the minor product.
`
`DEFINITIONS
`
`25
`
`As used herein, "phospholipid" refers to an organic compound having the following general
`
`structure:
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0011
`
`page 0011
`
`

`

`wherein R1 is a fatty acid residue, R2 is a fatty acid residue or -OH, and R3 is a —H or
`nitrogen
`containing
`compound
`choline
`(HOCH2»CH2N’(CH;);0H),
`ethanolamine
`
`(HOCH2CH2NHz2), inositol or serine. R1 and R2 cannot simultaneously be OH. When R3 is
`
`an —OH, the compound is a diacylglycerophosphate, while when R3is a nitrogen-containing
`
`compound, the compoundis a phosphatide such as lecithin, cephalin, phosphatidyl serine or
`
`plasmalogen.
`
`10
`
`An “ether phospholipid” as used herein refers to a phospholipid having an ether bond at
`
`position 1
`
`the glycerol backbone. Examples of ether phospholipids include, but are not
`
`limited
`
`to,
`
`alkylacylphosphatidylcholine
`
`(AAPC),
`
` lyso-alkylacylphosphatidylcholine
`
`(LAAPC), and alkylacylphosphatidylethanolamine (AAPE). A “non-ether phospholipid” is a
`
`phospholipid that does not have an ether bond at position 1 of the glycerol backbone.
`
`15
`
`As used herein, the term omega-3 fatty acid refers to polyunsaturated fatty acids that have the
`
`final double bond in the hydrocarbon chain between the third and fourth carbon atoms from
`
`the methyl end of the molecule. Non-limiting examples of omega-3 fatty acids include,
`
`5,8,11,14,17-eicosapentaenoic acid (EPA), 4,7,10,13,16,19-docosahexanoic acid (DHA) and
`
`20
`
`7,10,13,16,19-docosapentanoic acid (DPA).
`
`As usedherein, astaxanthin refers to the following chemical structure:
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0012
`
`page 0012
`
`

`

`
`
`Asused herein, astaxanthin esters refer to the fatty acids esterified to OH group in the
`
`astaxanthin molecule.
`
`As usedherein, the term w/w (weight/weight) refers to the amount of a given substance in a
`
`composition on weight basis. For example, a composition comprising 50% w/w
`
`phospholipids meansthat the mass of the phospholipids is 50% of the total mass of the
`
`composition (i.e., 50 grams of phospholipids in 100 grams of the composition, such as an oil).
`
`10
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`This invention discloses novel krill oil compositions characterized by containing high levels
`
`of astaxanthin, phospholipids and omega-3 fatty acids. The krill oils compositions are
`
`extracted from krill mcal using supercritical fluid cxtraction (SFE) with a solvent modificr.
`
`The krill meal has been processed on board a ship in Antarctica using live krill as starting
`
`15
`
`material in order to ensure the highest possible quality of the krill meal. The krill oils are
`
`extracted from the krill meal in two stages, in step 1 the neutral fraction is extracted using neat
`
`supercritical CO2. The neutral fraction consisted mostly of triglycerides and cholesterol. In
`
`stage 2,
`
`the polar lipids (phospholipids) are extracted by adding 20% ethanol
`
`to the
`
`supercritical COextraction medium. The polar krill oil extracted where found to contain 94%
`
`20
`
`phospholipids (w/w), 46% omega-3 fatty acids (w/w) and 580 mg/kgastaxanthin esters.
`
`The present
`
`invention provides methods to avoid decomposition of glyccrides and
`
`phospholipids in krill oil and compositions produced by those methods. The product obtained
`
`by these new methods is virtually free of enzymatically decomposed oil constituents. The
`
`25
`
`solution to the problem is to incorporate a protein denaturation step on fresh krill prior to use
`
`of any extraction technology. Denaturation can be achieved by thermal stress or by other
`
`means. After denaturation, the oil can be extracted by an optional selection of nonpolar and
`
`polar solvents including use of supercritical carbon dioxide. Krill is adapted to a very efficient
`
`10
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0013
`
`page 0013
`
`

`

`nutrient digestion at very low temperatures. Therefore the enzymesare sensitive to heat and
`
`the step of applying thermal denaturation of lipases and phospholipases does not imply use of
`
`very high temperatures. Suprisingly, it has becn found that the use of mild denaturation
`
`conditions can greatly enhance the quality of krill oil.
`
`Additionally, a major obstacle of several processes of extraction is the cost of removing water.
`
`This is particularly true for methods feasible for extraction of highly unsaturated lipids where
`
`freeze drying has been regarded as the method of choice to avoid oxidative breakdown of
`
`lipids. However, the lipids in krill are surprisingly stable against oxidative deterioration.
`
`10
`
`Therefore, a process including moderate use of heat in the water removing process is feasible
`
`provided that the enzymes have been inactivated.
`
`A.
`
`Krill Processing
`
`15
`
`The present invention provides methods for processing freshly caught krill at
`
`the site of
`
`capture and preferably on board a ship. After processing on board, the krill can be further
`
`subjected to extraction processes on board the ship or at a remote location away from the ship.
`
`The processing steps described herein also also allow for the storage of krill material,
`
`preferably a krill meal for from about 1,2, 3, 4, 5, 6, 8, 9, 10, 11, or 12 months to about 24 to
`
`20
`
`36 monthsprior to processing.
`
`In some preferred embodiments, freshly caught is first subjected to a protein denaturation
`
`step. The present invention is not limited to any particular method of protein dentatuation. In
`
`some embodiments, the denaturation is accomplished by application of chemicals, heat, or
`
`25
`
`combinations thereof.
`
`In some embodiments, freshly caughtkrill is wet pressed to obtain oil
`
`and meal. In some embodiments, the meal is then heated to a temperature of about 50 degrees
`
`Celsius to about 100 degrees Celsius for about 20 minutes to about an hour, preferably about
`
`40 minutes to coagulate the proteins.
`
`In some embodiments, this material is then pressed to
`
`yield a press cake. When this methodis used on krill, only a small amount of oil is released.
`
`30
`
`Most ofthe oil is still present in the denaturated meal.
`
`In some embodiments, antioxidants
`
`such as ethoxyquin or Vitamin E are added to the meal. However, as shown in the examples,
`
`the resulting meal is surprisingly stable. The stability can only partly be explained by addition
`
`of an antioxidant to the meal. This antioxidant can after extraction of the oil from denaturated
`
`meal be removed by further processing steps. Alternatively the oil can be extracted rather
`
`11
`
`RIMFROST EXHIBIT 1002
`
`RIMFROST EXHIBIT 1002 page 0014
`
`page 0014
`
`

`

`Shortly after production of the meal without any addition of antioxidant in the process.
`
`Further, storage conditions at a low to very low temperature can be applied if addition of
`
`antioxidant is not desired.
`
`Krill oil extracted from denaturated krill meal by supercritical fluid extraction even 19 months
`
`after the production of the meal contained virtually no decomposed phospholipids. This
`
`product turned out to be substantially different from samples of krill oil available in the
`
`market today. Previously described commercial krill processing procedures utilize krill that
`
`has been frozen immediately after catching fo

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket