throbber
Attorney Docket No. 1255.101 CON2 BP
`
`COMPOSITIONS OF NITRATES AND METHODS OF USE THEREOF
`
`Related Applications
`
`[0001]
`
`This application is a continuation application of earlier U.S. Utility Patent Application
`
`to Jon Lundberg and Eddie Weitzberg, titled “Compositions of Nitrates and Methods of Use
`
`Thereof,” application serial number 15/966,508, filed April 30, 2018, now pending, whichis a
`
`continuation application of earlier U.S. Utility Patent Application to Jon Lundberg and Eddie
`
`Weitzberg, titled “Use of Nitrites and Nitrates and Compositions Containing These,” application
`
`serial number 12/528,794,filed June 17, 2013, now pending, whichis a national stage application
`
`of PCT application No. PCT/SE08/50212, filed February 26, 2008, which claims the benefit of the
`
`filing date of U.S. Provisional Patent Application 60/919,709 to Jon Lundberg and Eddie
`
`Weitzberg, filed on March 22, 2007, the disclosures of all of which being hereby incorporated
`
`entirely herein by reference.
`
`[0002]
`
`U.S. Patent Application No. 15/966,508 is also a continuation application of earlier
`
`U.S. Utility Patent Application to Jon Lundberg and Eddie Weitzberg,
`
`titled “Performance
`
`Enhancing Compositions and Use Thereof,” U.S. Patent Application No. 14/830,937, filed August
`
`20, 2015, now pending, which is a continuation application of U.S. Patent Application No.
`
`12/528,798, filed August 26, 2009, now issued as U.S. Patent No. 9,180,140, which wasa national
`
`stage application of PCT application No. PCT/SE 2008/050211, filed February 26, 2008, which
`
`claims priority to Swedish Patent Application 0700520-0, which wasfiled February 26, 2007, and
`
`Swedish Patent Application 0700729-0, which was filed March 22, 2007, the disclosures ofall of
`
`which being hereby incorporated entirely herein by reference.
`
`Field of the Invention
`
`[0003]
`
`The present invention relates to the field of performance enhancing nutritional foods
`
`and food supplements, liquid and solid edible products such as sport drinks, energy drinks and
`
`energy bars. The present invention also relates to the field of medicine and pharmaceuticals, in
`
`particular pharmaceuticals and therapeutic methods for
`
`lowering metabolic rate, oxygen
`
`consumption and/or glucose homeostasis in a human patient or another mammal, based on the
`
`administration of nitrates and/ornitrites to said patient or mammal.
`
`1
`
`Human Power of N Company
`EX1004
`Page | of 57
`
`Human Power of N Company
`EX1004
`Page 1 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`Background of the Invention
`
`[0004]
`
`NOis involved in control of cellular respiration through interaction with enzymes of
`
`the mitochondrial respiratory chain (for review see MONCADA,§, et al. Does nitric oxide
`
`modulate mitochondrial energy generation and apoptosis?. Nat Rev Mol Cell Biol. 2002, vol. 3,
`
`no. 3, p. 214-20). The classical means by which NO production occurs is the L-arginine pathway,
`
`where NO is synthesized by specific enzymes, the NO-synthases. A fundamentally different
`
`alternative way of generating NO has been described more recently (LUNDBERG,J O,etal.
`
`Intragastric nitric oxide production in humans: measurements in expelled air. Gut. 1994, vol. 35,
`
`no. 11, p. 1543-6; BENJAMIN,N,et al. Stomach NO synthesis. Nature. 7 Apr. 1994, vol. 368, no.
`
`6471, p. 502; ZWEIER,J L, et al. Enzyme-independent formation of nitric oxide in biological
`
`tissues. Nat Med. 1995, vol. 1, no. 8, p. 804-9; and WEITZBERG,E,et al. Nonenzymatic nitric
`
`oxide production in humans. NO Biol. Chem. 1998, no. 2, p. 1-7). In this NOS-independent
`
`pathway the inorganic anions nitrate (NO3°) and nitrite (NO.sub.2--) are reduced in vivo to form
`
`NO. Dietary nitrate (found mainly in green leafy vegetables) (MCKNIGHT, G M. Chemical
`
`synthesis of nitric oxide in the stomach from dietary nitrate in humans. Gut. 1997, no. 40, p. 211-
`
`214; and Weitzberg, 1998, supra) is absorbed from the circulation by the salivary glands, secreted
`
`in saliva and partly converted to nitrite in the oral cavity by nitrate reducing bacteria. Swallowed
`
`nitrite can then enter the systemic circulation. Indeed, a recent study showsthat ingestion ofnitrate
`
`results in a sustained increase in circulating nitrite levels (LUNDBERG,J O,et al. Inorganic nitrate
`
`is a possible source for systemic generation of nitric oxide. Free Rad Bio Med. 2004, vol. 37, no.
`
`3, p. 395-400). Further reduction of nitrite into bioactive NO can occur spontaneously in acidic or
`
`reducing environments (Benjaminet al. 1994, supra, Lundberget al. 1994, supra) butis also greatly
`
`enhanced by various proteins and enzymesincluding deoxyhemoglobin in blood (COSBY,K,et
`
`al. Nitrite reduction to nitric oxide by deoxyhemoglobin vasodilates the human circulation. Nat
`
`Med. 2003, vol. 9, no. 12, p. 1498-505), deoxymyoglobin (SHIVA,S. et al. Deoxymyoglobin is a
`
`Nitrite Reductase That Generates Nitric Oxide and Regulates Mitochondrial Respiration. Circ Res.
`
`9 Feb. 2007), xanthine oxidase (MILLAR, T M,et al. Xanthine oxidoreductase catalyses the
`
`reduction of nitrates and nitrite to nitric oxide under hypoxic conditions. FEBS Lett. 8 May 1998,
`
`vol. 427, no. 2, p. 225-8) and possibly by enzymes of the mitochondrial respiratory chain (for
`
`review see LUNDBERG,J O,et al. Nitrate, bacteria and human health. Nat Rev Microbiol. 2004,
`
`vol. 2, no. 7, p. 593-602; LUNDBERG,J O,et al. NO generation from nitrite and its role in vascular
`
`Page 2 of 57
`
`Page 2 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`control. Arterioscler Thromb Vasc Biol. 2005, vol. 25, no. 5, p. 915-22; and GLADWIN,M T,et
`
`al. The emerging biology ofthe nitrite anion. Nat Chem. Biol. 2005, vol. 1, no. 6, p. 308-14). NOS-
`
`independent NO production seems to complement the endogenous NO production especially
`
`during ischemia and acidosis when oxygen availability is low and the NO synthases operate poorly
`
`(Zweier et al. 1995, supra; Weitzberg et al, 1998, supra; DURANSKI, M R,et al. Cytoprotective
`
`effects of nitrite during in vivo ischemia-reperfusion of the heart and liver. J Clin Invest. 2005,
`
`vol. 115, no. 5, p. 1232-40; Lundberget al, 2004, supra). Tissue acidosis and relative hypoxia is
`
`present also during physical exercise and in this metabolic state, bioactivation of nitrite is likely
`
`enhanced.
`
`[0005]
`
`Recentstudies indicate that nitrate and nitrite can have significant biological effects in
`
`the body and that these effects may be beneficial (LUNDBERG,Jon O., et al. Nitrate, becteria and
`
`human health. Nat Rev Microbiol. 2004, no. 2, p. 593-602). For example, the nitrite anion can
`
`cause vasodilatation at near physiological concentrations when tested in vitro (MODIN,A., etal.
`
`Nitrite-derived nitric oxide: a possible mediator of ‘acidic-metabolic’ vasodilation. Acta Physiol
`
`Scand. 2001, vol. 171, p. 9-16) or when infused intra-arterially to humans (COSBY,K., et al.
`
`Nitrite reduction to nitric oxide by deoxyhemoglobin vasodilates the human circulation. Nat Med.
`
`2003, no. 9, p. 1498-505). Nitrate can be converted to nitrite in vivo in a process dependent on
`
`commensal bacteria (SPIEGELHALDER,B., et al. Influence of dietary nitrate on nitrite content
`
`of humansaliva: possible relevance to in vivo formation of N-nitroso compounds. Food Cosmet
`
`Toxicol. 1976, no. 14, p. 545-548). When nitrate is ingested it is rapidly absorbed into blood and
`
`then accumulates in saliva. In the oral cavity bacteria reduce parts of the dietary nitrate to nitrite
`
`and nitrite can then enter the systemic circulation. (LUNDBERG,Jon O., et al. Inorganic nitrate
`
`is a possible source for systemic generation of nitric oxide. Free Radic Biol Med. 2004, vol. 37, p.
`
`395-400).
`
`[0006]
`
`In vitro studies published in the 1990s show that NO is a modulator of mitochondrial
`
`respiration via reversible inhibition of cytochrome c oxidase (CARR,GJ. et al. Nitric oxide formed
`
`by nitrite reductase of Paracoccus denitrificansis sufficiently stable to inhibit cytochrome oxidase
`
`activity and is reduced by its reductase under aerobic conditions. Biochim Biophys Acta. 15 May
`
`1990, vol. 1017, no. 1, p. 57-62.; BOLANOS, J P, et al. Nitric oxide-mediated inhibition of the
`
`mitochondrial respiratory chain in cultured astrocytes. J. Neurochem. 1994, vol. 63, no. 2, p. 910-
`
`6; BROWN, GC,et al. Nanomolar concentrations of nitric oxide reversibly inhibit synaptosomal
`
`Page 3 of 57
`
`Page 3 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`respiration by competing with oxygen at cytochrome oxidase. FEBS Lett. 19 Dec. 1994, vol. 356,
`
`no. 2-3, p. 295-8; CLEETER, M W,et al. Reversible inhibition of cytochrome c oxidase, the
`
`terminal enzyme of the mitochondrial
`
`respiratory chain, by nitric oxide.
`
`Implications for
`
`neurodegenerative diseases. FEBS Lett. 23 May 1994, vol. 345, no. 1, p. 50-4; and SCHWEIZER,
`
`M,et al. Nitric oxide potently and reversibly deenergizes mitochondria at low oxygen tension.
`
`Biochem Biophys Res Comm. 1994, no. 204, p. 169-75). NO mayalsointeract at other sites of the
`
`mitochondrial respiratory chain and in the Krebs cycle (for review see Moncada, supra). While
`
`this important action of NO has been very well characterised in cell cultures, less is known about
`
`its physiological relevance in vivo. To date the focus among researchers has been on the
`
`cardiovascular effects of nitrite after its in vivo reduction to the vasodilator nitric oxide (NO)
`
`(COSBYet al. (supra); DURANSKI, M. R., et al. Cytoprotective effects of nitrite during in vivo
`
`ischemia-reperfusion of the heart and liver. J Clin Invest. 2005, vol. 115, p. 1232-1240;
`
`GLADWIN,M.T., et al. The emerging biology of the nitrite anion. Nat Chem Biol. 2005, no. 1,
`
`p. 308-14; LARSEN,F. J., et al. Effects of dietary nitrate on blood pressure in healthy volunteers.
`
`N Engl J Med. 2006, vol. 355, p. 2792-3). WO 2005/004884 A (US GOVERNMENTETAL.)
`
`2005-01-20 and WO 2005/007173 A (US GOVERNMENT ET AL.) 2005-01-27 describe a
`
`method to administer a nitrite salt specifically to obtain vasodilatation in a subject. No effects of
`
`low-dose nitrate/nitrite on energy expenditure or glucose homeostasis or the effects of NO on
`
`cellular respiration during physical exercise have been described.
`
`[0007]
`
`Physiological adaptation to exercise involves major cardiovascular and metabolic
`
`changes. Oxygen consumption increases dramatically in the active muscles with a parallel increase
`
`in muscle blood flow. In these processes, the endogenousgas nitric oxide (NO)plays an important
`
`regulatory role. NO increases blood flow to the muscles and modulates muscular contraction and
`
`glucose uptake (for review see STAMLER,J S. et al. Physiology ofnitric oxide in skeletal muscle.
`
`Physiol Rev. 2001, vol. 81, no. 1, p. 209-37).
`
`[0008]
`
`The available information on the role of NO in healthy subjects and in particular in
`
`athletes during work or exercise is both insufficient and contradictory. Shen and colleagues
`
`showed that administration of NOS-inhibitors in vivo during submaximal exercise leads to
`
`increased oxygen consumption in dogs (SHEN, W.et al. Role of NO in the regulation of oxygen
`
`consumption in conscious dogs. Circulation Res. 1999, no. 84, p. 840-5) and Lacerda and
`
`colleagues showed similarresults in rats (LACERDA, ACR,et al. Evidencethat brain nitric oxide
`
`Page 4 of 57
`
`Page 4 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`inhibition increases metabolic cost of exercise,
`
`reducing running performance in rats.
`
`Neuroscience Letters. 2006, no. 393, p. 260-3). The majority of studies have been done using
`
`NOS-inhibitors while the effects of administering exogenous NO on exercise are largely unknown.
`
`In addition, studies in healthy humansare scarce.
`
`[0009]
`
`Interestingly, the marketing of some currently available food supplements for athletes
`
`and bodybuilders refer to the vasodilatory effect of NO. One example is “NOX2” (Bodyonics,
`
`Ltd., USA), a product said to contain arginine alpha-ketoglutarate (A-AKG) and arginine-
`
`ketoisocaproate (A-KIC) and allegedly capable of boosting short term nitric oxide levels. Other
`
`products contain L-arginine, from which NO is synthesized by the NOS enzymes, and the
`
`beneficial effects of NO are often referred to, however without offering more detailed
`
`explanations.
`
`[0010]
`
`The relation between peak work rate and resting levels of nitrate in plasma and urine
`
`from subjects with different levels of physical fitness has been studied (Jungersten et al., Both
`
`physical fitness and acute exercise regulate nitric oxide formation in healthy humans. J Appl
`
`Physiol 82:760-764, 1997). A positive relationship between physical fitness and formation of NO
`
`at rest was found and it was hypothesised that this positive relationship helps to explain the
`
`beneficial effects of physical exercise on cardiovascular health. In Jungersten’s study nitrate was
`
`used solely as a marker of NO production and the authors state several times that nitrate is a stable
`
`and inert end product of NO andthatit is biologically inactive.
`
`[0011]
`
`Nitrate (NO3°) and nitrite (NO2’) are generally viewed as unwantedresidues in the food
`
`chain with potentially harmful effects (Joint FAO/WHO Expert Committee on Food Additives
`
`(JECFA). Safety Evaluation of Certain Food Additives. WHO, 1970.
`
`ISBN 9241660503;
`
`TANNENBAUM,S. R., et al. Nitrite in human saliva. Its possible relationship to nitrosamine
`
`formation. J cancer Ins. 1974, vol. 53, p. 79-84; BARTSCH,H., et al. Inhibitors of endogenous
`
`nitrosation: mechanisms and implications in human cancer prevention. Mutation Res. 1988, vol.
`
`202, p. 307-324). Proposed harmful effects of these anions include promotion of gastric cancers
`
`and other malignancies and development of methemoglobinemia in infants. Because of this the
`
`levels of nitrate/nitrite are strictly regulated in food and drinking water.
`
`Page 5 of 57
`
`Page 5 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`Summaryof the Invention
`
`[0012]
`
`The disclosure is directed to methods of promoting health in a human (healthy or non-
`
`healthy) and methods of decreasing systolic blood pressure in an adult human subject. The methods
`
`include administering inorganic nitrate (NO3) to a human or adult human subject. In some
`
`implementations, administration of the inorganic nitrate (NO3°) to the human or adult human
`
`subject reduces diastolic blood pressure of the human or adult human subject.
`
`In some
`
`implementations, the human is a healthy human, and in other implementations the human is an
`
`unhealthy human suffering from one or more of the conditions exemplified in this disclosure for
`
`example.
`
`In some implementations, the inorganic nitrate (NO3°) is administered orally. In some
`
`implementations, the inorganic nitrate (NO3°) is administered in a composition in the form of a
`
`liquid, a paste, a bar, a cake, a powder, a granulate, an effervescent tablet, a chewing gum,a tablet,
`
`a capsule, a lozenge, a fast melting tablet or wafer, a sublingual tablet, or a spray. In someaspects,
`
`the composition is a nutritional supplementor functional food.
`
`[0013]
`
`In some implementations, between 0.01 to 100 mmol
`
`inorganic nitrate (NO3°) is
`
`administered per kg body weight of the human or adult human subject, for example, between 0.01
`
`mmol and 10 mmolinorganic nitrate (NO3°), between 0.1 mmol and 1 mmolinorganic nitrate, or
`
`0.1 mmolinorganic nitrate (NO3°) is administered per kg body weight of the human or adult human
`
`subject. Because the molecular weight of NO3° is 62.005 g/mol, the amount of inorganic nitrate
`
`(NO3°) administered per kg body weight of the humanor adult human subject is between 0.62 mg
`
`and 6.2 g, or for example, between 0.62 mg and 620 mg, between 6.2 mg and 62 mg, or 6.2 mg.
`
`In some implementations, the inorganic nitrate (NO3°) is administered once a day.
`
`[0014]
`
`In some implementations, the inorganic nitrate (NO3°) is administered in the form of
`
`beetroot juice. For example, the methods may include administering to the human or adult human
`
`subject at least 3 deciliters fresh beetroot juice. In some aspects, the human or adult human subject
`
`is administered the inorganic nitrate once a day. In some implementations, the human or adult
`
`human subject is administered the inorganic nitrate for at least two days, for example three
`
`consecutive days or two weeks.
`
`[0015]
`
`In some implementations,
`
`the inorganic nitrate is administered in a composition
`
`consisting of the inorganic nitrate and at least one additive. The additive can be a natural flavor,
`
`an artificial flavor, a sweetener, a flavor enhancer, a color additive, an emulsifier, a stabilizer, a
`
`fat, or a preservative.
`
`In other implementations,
`
`the inorganic nitrate is administered in a
`
`Page 6 of 57
`
`Page 6 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`composition comprising the inorganic nitrate and a polyphenol. Such a composition may be a
`
`functional food. The polyphenol can be provided from at least one natural source selected from
`
`the group consisting of: apple, pear, grapes, lemon, orange, lime, peach, pomegranate, grapefruit,
`
`kiwi, ginger, pineapple, blackberries, black raspberries, blueberries, cranberries, red raspberries,
`
`cherries, bog wortleberry,
`
`lingonberries, black elderberry, black chokeberry, black currant,
`
`cloudberries, strawberries, carrots, chili, rhubarb, onions, cacao products, green tea, black tea, nuts,
`
`Yerba mate, and coffee. In these implementations, the amount of the inorganic nitrate in the
`
`composition is at least 50%.
`
`[0016]
`
`In some implementations, the inorganic nitrate is provided from a naturalnitrate source.
`
`For example, the natural inorganic nitrate source is juice or dried concentrate from at least one of
`
`spinach, lettuce, fennel, cabbage, Chinese cabbage, and beetroot. In other implementations, the
`
`source of the inorganic nitrate is in the form ofa nitrate salt. For example, the nitrate salt is sodium
`
`nitrate, potassium nitrate, calcium nitrate, zinc nitrate, ammonium nitrate, or argininenitrate.
`
`[0017]
`
`Further implementations will becomeevident to the skilled person upon study of the
`
`figures, description and examples, as well as the appended claims,
`
`incorporated herein by
`
`reference.
`
`Description of the Figures
`
`[0018]
`
`The invention will be described in closer detail in the following description, examples
`
`and non-limiting claims, with reference to the attached drawings in which:
`
`[0019]
`
`FIG. 1 shows a graph illustrating numerous ways in which the combination of nitrate
`
`and polyphenols synergistically act to increase the bioavailability of nitric oxide and at the same
`
`time to reduce the formation of harmful compounds such as oxygen radicals and nitrosamines. For
`
`detailed explanation see text.
`
`[0020]
`
`FIG. 2 is a graph showing changes in oxygen consumption (VOz) following iv infusion
`
`of sodium nitrite in increasing doses. Nitrite was infused over a 10 min period in non-smoking
`
`healthy male volunteers (30-70 years).
`
`[0021]
`
`FIG. 3 is a graph showingthe effects of a dietary supplementation with sodium nitrate
`
`or sodium chloride (placebo) on plasma concentrations of nitrite measured at rest and immediately
`
`after exercise in 9 healthy male volunteers.
`
`Page 7 of 57
`
`Page 7 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`[0022]
`
`FIG. 4 is a bar diagram showing the oxygen consumption (VO2) and heart rate (HR)
`
`measured at 6 different work rates after a 3-day dietary supplementation with sodium nitrate (0.1
`
`mmol/kg body weight/min, NIT) or an equal amount of sodium chloride (CON). The study had a
`
`randomized double-blind cross-over design with a washout period of at least 10 days between the
`
`tests. * p < 0.05, ** p< 0.01.
`
`[0023]
`
`FIG. 5 is a graph showing oxygen consumption during bicycle exercise at 80% of
`
`VOzpeak in 9 healthy male volunteers. Measurements were made after a 3-day dietary
`
`supplementation with sodium nitrate (0.1 mmol/kg body weight/day) or an equal amount of
`
`sodium chloride (placebo). The difference between nitrate and placebo periods wassignificant (p
`
`< 0.01).
`
`[0024]
`
`FIG. 6 is a bar diagram showing plasmalactate concentration measured at 6 different
`
`workrates after dietary supplementation with sodium nitrate (0.1 mmol/kg body weight/day for 3
`
`days, filled bars) or an equal amount of sodium chloride (placebo, empty bars).
`
`[0025]
`
`FIGS. 7a-7c consist of three graphs, showing changes in blood glucose levels after an
`
`oral challenge with glucose for three test subjects in a double-blind, placebo-controlled cross-over
`
`study (FIGS. 7a, 7b and 7c). A standard oral glucose tolerance test was performed. The subjects
`
`(healthy non-smoking volunteers) had their diet supplemented for 3 days with either sodium
`
`chloride (placebo) or sodium nitrate (Nitrate) at a dose of 0.1 mmol/kg body weight/day.
`
`[0026]
`
`FIG. 8 is a graph showing changesin blood glucoselevels after an oral challenge with
`
`glucose in 8 additional subjects in a double-blind, placebo-controlled cross-over study. A standard
`
`oral glucose tolerance test was performed. The subjects (healthy non-smoking volunteers) had
`
`their diet supplemented for 3 days with either sodium chloride (PLACEBO) or sodium nitrate
`
`
`(NITRATE)at a dose of 0.1 mmol/kg/day. Data are presented as mean + SEM.
`
`[0027]
`
`FIG. 9 is a graph showing the effect of a two-week intervention with beetroot juice
`
`(fresh juice 3-4 dl/day) on systolic, diastolic and mean arterial (MAP) blood pressure in a 43-year-
`
`old male with hypertension.
`
`[0028]
`
`FIG. 10 showsthe plasma nitrate and nitrite concentrations after intravenous infusion
`
`of nitrate. Panel a)
`
`shows plasma nitrate concentration; panel b)
`
`shows plasma nitrite
`
`concentrations; and panel c) shows plasmanitrite concentrations in wild type (C57BL/6), germ
`
`free and knockout (eNOS) mice.
`
`[0029]
`
`FIG. 11 is a graph showing enhancedpost-ischemic blood flow after nitrate infusion.
`
`Page 8 of 57
`
`Page 8 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`Detailed Description
`
`[0030]
`
`Before the present method and compositions are described in the form of embodiments
`
`thereof, it is to be understood that this invention is not limited to the particular configurations,
`
`method steps, and materials disclosed herein as such configurations, steps and materials may vary
`
`somewhat.It is also to be understood that the terminology employed herein is used for the purpose
`
`of describing particular embodiments only andis not intended to be limiting since the scope of the
`
`present invention will be limited only by the appended claims and equivalents thereof.
`
`[0031]
`
`It must also be noted that, as used in this specification and the appendedclaims, the
`
`singular forms “a,” “an,” and “the” include plural referents unless the context clearly dictates
`
`otherwise.
`
`[0032]
`
`The term “about” when used in the context of numeric values denotes an interval of
`
`accuracy, familiar and acceptable to a person skilled in the art. Said interval can be +/-2% of the
`
`given value, preferably +/-5%, and most preferably +/-10% of the numeric values, where
`
`applicable.
`
`[0033]
`
`The term “indirect calorimetry” is here defined as a method for calculating heat that
`
`living organisms produce from their production of carbon dioxide and nitrogen waste and from
`
`their consumption of oxygen, well known to personsskilled in the relevantart.
`
`[0034]
`
`The term “catabolism”is defined as the metabolic process that breaks down molecules
`
`into smaller units. It is made up of degradative chemical reactionsin theliving cell.
`
`[0035]
`
`The term “edible” in this context means non-toxic and possible to ingest, however not
`
`limited to particular modes of ingesting, such as drinking, chewing, applying to the oral cavity in
`
`various forms, such as, for example a spray or aerosol.
`
`[0036]
`
`The term “energy expenditure”is here defined as the amount of energy expendedfor a
`
`certain metabolic rate.
`
`[0037]
`
`The term “functional food” relates to any fresh or processed food claimed to have a
`
`health-promoting and/or disease-preventing property beyond the basic nutritional function of
`
`supplying nutrients. Functional foods are sometimes called nutraceuticals. The general category
`
`includes processed food madefrom functional food ingredients, or fortified with health-promoting
`
`additives,
`
`like “vitamin-enriched” products, and also, fresh foods (e.g. vegetables) that have
`
`Page 9 of 57
`
`Page 9 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`specific claims attached. Fermented foods with live cultures are often also considered to be
`
`functional foods with probiotic benefits.
`
`[0038]
`
`The term “insulin resistance” is here defined as a condition in which normal amounts
`
`of insulin are inadequate to produce a normalinsulin response from fat, muscle andliver cells.
`
`[0039]
`
`The term “mammal”is intended to encompassall mammals, and in particular humans,
`
`pets and agriculturally significant animals, as well as animals used in competitions, such as horses
`
`and dogs.
`
`[0040]
`
`The term “metabolic syndrome”is here defined as a combination of medical disorders
`
`that increase the risk for cardiovascular disease and diabetes in a human. Symptoms and feature
`
`include fasting hyperglycaemia, diabetes mellitus type 2 or impaired fasting glucose, impaired
`
`glucose tolerance or insulin resistance, high blood pressure, central obesity, decreased HDL
`
`cholesterol, elevated triglycerides and elevated uric acid levels.
`
`[0041]
`
`The term “metabolism” is used to define the complete set of chemical reactions that
`
`occurin living cells and “metabolic rate” is defined as the speed of metabolism of a mammal.
`
`[0042]
`
`Methemoglobin is a form of hemoglobin in which the iron in the heme groupis in the
`
`Fe3” state, not the Fe” of normal hemoglobin. Methemoglobin is unable to carry oxygen.
`
`Methemoglobinemia is defined as a blood disorder characterized by the presence of a higher than
`
`normallevel of methemoglobin in the blood.
`
`[0043]
`
`The term “oxygen consumption”is defined as the amount of oxygen (Ox) consumed by
`
`a mammal andis usually expressed as ml of pure oxygen consumed/min. “Oxygen consumption”
`
`relates to the amount of oxygen consumed by a mammalas whole but also to oxygen consumption
`
`in an isolated tissue or organ, such as, but not limited to, heart, liver brain or other tissue exposed
`
`to ischemia.
`
`[0044]
`
`The term “performance enhancing food or food supplement” includes sport drinks and
`
`energy drinks, as well as other liquid, semi-solid or solid forms, such as energy bars andtablets.
`
`Nodistinction is intended between sports drinks and energy drinks. Sports drinks tend to be more
`
`isotonic while energy drinks tend to contain more sugar and frequently also contain caffeine.
`
`Usually, sports drinks are non-carbonated and frequently contain fructose or other sugars, and
`
`complex carbohydrates, which are easily absorbed by the body, and are designed to promote the
`
`availability of energy and/or prevent or treat mild dehydration. Sport drinks also contain
`
`electrolytes (mainly sodium and potassium salts) and nutrients (proteins and aminoacids). Sport
`
`10
`
`Page 10 of 57
`
`Page 10 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`drinks, energy drinks and other liquid, semi-solid and solid products, while marketed for athletes,
`
`are also consumedby non-athletes, as a snack, in situations where extra energy and enduranceis
`
`desired. It is currently believed that improved sports performance can be attained by the intake of
`
`so-called sport drinks.
`
`[0045]
`
`The term “significant hypotension” meansin this context an acute reduction of systolic
`
`and/or diastolic blood pressure, accompanied by clinical symptoms of hypotension such as
`
`dizziness, nausea, pallor, loss of consciousness, etc. Said symptoms may occurin various degrees,
`
`andit is preferred that they are entirely avoided, minimized or eliminated as far as possible, or at
`
`least to an extentthat they are clinically insignificant.
`
`[0046]
`
`The inventors have surprisingly shown that the metabolic rate and/or the oxygen
`
`consumption can be influenced in a mammal(locally or systemically), by administering inorganic
`
`nitrite (NO’) and/or nitrate (NO3°) to said mammalin an amountofnitrite and/or nitrate sufficient
`
`to decrease oxygen consumption. The decreased oxygen consumptionis achieved without causing
`
`significant hypotension and without causing any significant increase of the methemoglobin level
`
`in said mammal. In case of local reduction of the metabolic rate, the oxygen consumption is
`
`decreased in an isolated tissue or organ suchasthe heart, liver, brain or other tissue that is exposed
`
`to ischemia (a condition in which blood flow, and thus oxygen,is restricted to a part of the body).
`
`In such cases the interaction of reaction products (including NO) ofnitrite and/or nitrate with
`
`enzymes of the mitochondrial respiratory chain and subsequent inhibition of respiration leads to
`
`lowering of oxygen demand, which is beneficial for an ischemic tissue. This effect resembles
`
`hibernation. Because the generation of active nitrite and/or nitrate reaction products is maximized
`
`in ischemic tissues the effect of oxygen consumption will be most pronounced at these sites. In
`
`one particular embodiment, the oxygen consumption is lowered in the heart.
`
`[0047]
`
`The inventors also showedthat dietary supplementation with inorganic nitrate results
`
`in areduced VO» during physical exercise and a significant increase in muscularefficiency. These
`
`effects occurred without any increase in plasmalactate.
`
`[0048]
`
`In principle, also other additional approaches can lead to increased systemic or local
`
`nitrite levels. The most obviousis to administernitrite or its precursor nitrate as such, but this may
`
`be supplemented by or enhanced by increasing the gastric pH (e.g. with an acid suppressive drug
`
`such as a proton pumpinhibitor or H2 receptor antagonist or antacids) to maximizenitrite survival
`
`11
`
`Page 11 of 57
`
`Page 11 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`in the stomach and thereby the systemic delivery of nitrite. Alternatively, the administration of
`
`nitrite or nitrate can be supplemented by or enhanced by interfering with the oral microflora in
`
`order to maximize the number of nitrate reducing species. This can be achieved through the
`
`delivery of “probiotic” nitrate reducing bacteria or selective treatment with an antibiotic to favor
`
`the nitrate reducing species.
`
`[0049]
`
`The surprising finding that nitrite and its precursor nitrate affects such vital
`
`physiological processes as metabolic rate and/or oxygen consumption can be used therapeutically,
`
`e.g.
`
`in prophylaxis, alleviation or treatment of several conditions. In an attempt to increase
`
`systemic nitrite levels, nitrite and/or nitrate can be given by enteral administration (orally, in the
`
`form of a liquid, semi-solid or solid preparation, such as a chewing gum,tablet, lozenge, wafer,
`
`cake, bar or the like) or by parenteral administration (intravenous, transdermal, transcutaneous, by
`
`inhalation, rectally, vaginally, topical, intraperitoneally, intra muscular, subcutaneous, sublingual
`
`or any other way of parenteral administration). The nitrite and/or nitrate comprising composition
`
`and possible further combinations described herein can be administered continuously or as single
`
`bolus doses. In some aspects, the inventors make available a composition, preferably an edible
`
`composition, capable of enhancing performance manifested as a reduced oxygen uptake (VO2)
`
`during physical exercise when ingested by a mammal, wherein said composition comprises
`
`inorganic nitrate and/or nitrite, and in particular a composition wherein the effect of enhanced
`
`performance is manifested as both a reduced oxygen uptake (VO) during physical work and a
`
`significant increase in muscularefficiency.
`
`Composition
`
`[0050]
`
`It is likely that an optimal dose-interval exists, meaning that below a certain plasma
`
`level of nitrite the effects are insufficient and, correspondingly, that over a certain level the effect
`
`is lower and possibly accompanied by side effects.
`
`In one embodiment,
`
`the composition
`
`comprising inorganic nitrite and/or nitrate is a pharmaceutical composition comprising inorganic
`
`nitrite and/or nitrate in an amount whichis sufficient to decrease oxygen consumption, but which
`
`does not increase the methemoglobin level in a subject when administered to said subject in a
`
`prescribed dose. Optionally the composition comprises another pharmaceutically active
`
`compound.
`
`12
`
`Page 12 of 57
`
`Page 12 of 57
`
`

`

`Attorney Docket No. 1255.101 CON2 BP
`
`[0051]
`
`According to a particular embodiment, said composition comprises nitrite alone,
`
`without the presence of nitrate. According to another embodiment, said composition in addition to
`
`nitrate and/or nitrite, also comprises arginine.
`
`[0052]
`
`According to one embodiment, nitrate and nitrite are

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