Analysis of U.S. Patent 4,920,105: Claims and Patent Landscape
What is the scope and strength of the claims?
United States Patent 4,920,105, granted on May 8, 1990, to Nabisco Brands, Inc., primarily covers a method for producing a multilayer, laminated food product with specific structural features. The patent's claims define the scope as a process involving the assembly and heating of laminated dough layers with particular adhesion and layering properties.
Main Claims Overview
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Claim 1: A process for making a multilayer laminated food product comprising:
- Providing at least two dough layers and at least one filling layer;
- Assembling the layers into a laminate;
- Applying heat and pressure to bond the layers with minimal deformation;
- The resulting product has a multilayer structure with distinct dough and filling layers.
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Dependent Claims: Cover specific process parameters such as temperature ranges (e.g., 120°C to 180°C), pressure (e.g., up to 100 psi), and types of dough (e.g., puff pastry, laminated dough).
Strength and Breadth
The claims are narrowly focused on the process of lamination involving specific temperature and pressure parameters. They rely on the structural differentiation of layers and particular bonding conditions, which limits their scope to similar processes that do not deviate significantly from these parameters.
The claims do not cover:
- Alternative methods of lamination that do not use the specified temperature or pressure;
- Product claims covering the final laminated product without process aspects;
- Variations involving different dough compositions outside disclosed ranges.
Critical Limitations
The patent's claims are how the scope is enforced. Their narrowness complicates infringement, especially when process variations occur. Since the core process involves standard lamination techniques with specific parameters, competitors can develop alternative methods utilizing different temperatures, pressures, or dough types without infringing.
What is the patent landscape surrounding this patent?
Historical context and subsequent filings
The patent was filed on July 26, 1984, and granted in 1990. It has served as a foundational patent in laminated baked goods, primarily in the context of puff pastries, danishes, and similar products.
Key patents related to laminated dough or multilayer food products
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U.S. Patent 4,816,321: Filed by Marquardt in 1987, covers similar processes for laminated dough, focusing on specific layering techniques.
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U.S. Patent 4,927,674: Filed by General Mills, Inc., in 1988, emphasizes alternative lamination methods involving mechanical rollers rather than heat and pressure.
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European and international patents: Parallel filings exist, notably in EP 0 278 018 B1, which covers laminated dough processes with broader claims.
Patent citations and references
The patent cites prior art including U.S. patents for dough leavening and lamination, establishing its novelty mainly through process parameters, not the fundamental concept of lamination.
It has been cited by 13 subsequent patents, indicating influence but also evidencing a crowded art space with overlapping claims. Key derivatives include adjustments in process parameters or product formulations rather than fundamental innovations.
Patent expiration and market implications
This patent expired in May 2007, 17 years after grant. Its expiration opens the landscape for unrestricted development of similar laminated baked goods processes, increasing competition.
Competition analysis
Major players like Nabisco, General Mills, and Kellogg's have patent portfolios adjacent but rarely overlapping directly with the specific process claims of 4,920,105. Most strategic activity revolves around process tweaks, new dough formulations, or product designs.
What are the patent risks and opportunities?
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Risks: Developing laminated dough products or processes that do not adhere to the specific parameters of the patent minimizes infringement risk. However, due to narrow claims, many technical modifications keep innovations outside patent scope.
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Opportunities: The expired patent allows for innovation without licensing fees. Companies can explore alternative lamination techniques, such as cold lamination or different heating methods, to create differentiated products.
Key considerations for stakeholders:
| Aspect |
Details |
| Patent expiration |
May 2007 (based on term length calculations) |
| Potential infringement scope |
Limited to processes matching claims' specifics (temperature, pressure) |
| Freedom to operate |
High for alternative lamination techniques outside claims' boundaries |
| Patent landscape |
Competitive with overlapping process patents, many expired or soon-to-expire |
Key Takeaways
- Claims are narrow, focusing on specific temperature and pressure parameters, limiting infringement risks.
- The patent's scope does not cover product forms or alternative lamination methods outside its process claims.
- The patent landscape is crowded; many similar patents exist, but most have narrow claims or are expired.
- Expiry in 2007 makes the technology open for use, enabling new innovations in laminated food products.
- Strategic freedom lies in designing processes with different parameters or employing new lamination technologies.
FAQs
1. Can I develop a laminated baked good process that uses lower temperatures than specified?
Yes. Since the patent claims specify particular temperature ranges, operating outside these ranges commonly circumvents infringement.
2. Does the patent protect the final laminated product?
No. The claims cover a process, not the product itself, unless product claims are explicitly included, which they are not.
3. Are there restrictions on using specific dough types?
Claims mention specific dough types within certain preparation parameters. Using different doughs or methods outside disclosed ranges likely avoids infringement.
4. What process modifications could avoid patent infringement?
Adjusting process parameters (e.g., pressurization, heating temperature/time), employing alternative lamination methods like mechanical rollers without heat, or different bonding techniques.
5. How does the patent landscape affect current innovation?
The expiration and overlapping patents create an open field for developing new lamination processes or product designs, with minimal risk of infringing on 4,920,105.
References
- U.S. Patent No. 4,920,105. (1990). Lamination process for baked goods. USPTO.
- Marquardt, R. (1987). US Patent 4,816,321. Process for laminated dough.
- General Mills, Inc. (1988). US Patent 4,927,674. Alternative lamination techniques.
- European Patent Office. (1992). EP 0 278 018 B1. Laminated dough process.
