Amusement devices: toys – Body-carried or worn
Reexamination Certificate
2001-12-18
2002-11-05
Banks, Derris H. (Department: 3712)
Amusement devices: toys
Body-carried or worn
C446S901000, C036S112000
Reexamination Certificate
active
06475051
ABSTRACT:
FIELD OF THE INVENTION
The present invention relates to the field of childrens toys. More specifically, the present invention relates to the field of wearable toys that assist a child in imaginative play.
BACKGROUND
Children love to play. Children especially love to use their imagination when they play. In many instances, a child's imagination is all that is required for the child to engage in imaginative play. However, it is sometimes fun for the child, especially when playing with other children (or adults), to use props to assist in the imaginative play. This is usually done with hand-held devices, toys, sticks or the like. It is seldom that the prop is a foot mounted/used device. This is probably due to the relative dearth of foot used/mounted toys.
The prior art clearly shows that foot mounted/used toys exist and when they exist, they are animal or puppet themed. Some interesting examples of wearable animal foot type devices are illustrated in design patents: Des. U.S. Pat. No. 189,082 (a slipper); Des. U.S. Pat. No. 224,183 (a boot); Des. U.S. Pat. No. 224,184 (a boot); and utility patents: U.S. Pat. No. 3,936,896 (a shoe for walking in water) and U.S. Pat. No. 5,058,293 (an animated shoe with moveable facial features). In these examples, the devices are worn on the entire foot or hand. While fun and imaginative, the boot must be removed in its entirety in order to change animal type. Moreover, because each animal type requires a whole boot considerable storage space is required when the toys are not in use. Further, multiple copies must be on hand to satisfy different foot size requirements.
Other types of devices that are worn are found illustrated in design patent Des. U.S. Pat. No. 378,869 (a glove), and utility patents: U.S. Pat. No. 4,304,065 (a walking hand puppet); U.S. Pat. No. 4,950,196 (a hand puppet attached to a basket); and U.S. Pat. No. 5,117,507 (a hand puppet attached to a sleeve of a jacket). While fun and imaginative, these types of devices only use a small portion of the child's body (the hand) for the imaginative play, thereby not allowing the child to utilize his/her entire body and, as discussed above, different sizes of glove puppets would be required to accommodate the differences in hand sizes found in children. Feet are not immune to the lure of puppetry, as is illustrated in utility patents: U.S. Pat. No. 3,017,640 (a sock with ornamental design); U.S. Pat. No. 3,023,420 (a sock puppet); and U.S. Pat. No. 5,325,545 (a sock puppet). However, sock puppets suffer all the same deficiencies as are found in hand puppets and wearable boots.
One way to address the problem of different foot sizes is to create a shoe mounted device. Some interesting examples of shoe mounted animal foot type devices are illustrated in design patents: Des. U.S. Pat. No. 251,080 (a hominid foot print); Des. U.S. Pat. No. 381,493 (a three-toes clawed animal foot print); and Des. U.S. Pat. No. 423,605 (a three-toes animal foot print), and utility patents U.S. Pat. No. 5,643,037 and U.S. Pat. No. 3,402,485 (a footprint generating shoe sole). In these examples the toy is mounted on the bottom of the wearer's shoe or foot and create an animal-like foot print. While fun and imaginative, these devices are larger than the wearer's natural foot. Small children (and some adults), who are learning coordination skills, have problems walking or running while wearing an oversized footprint device. Moreover, since these devices are primarily for generating footprints, they are relatively useless when used inside or on surface that do not readily take imprints.
There are even devices (toys) that are worn on both hands and feet, such as utility patent U.S. Pat. No. 5,643,037 (a full body puppet-type toy). As described above, this toy would require considerable storage space and several different sizes to accommodate differently sized children.
It can be clearly seen that there is a need for children's toys that assist the child in imaginative play, especially toys that are interchangeable as to the children and/or imaginative aspect. Moreover, there is a need for such toys that do not take up an inordinate amount of storage space when not used.
SUMMARY OF INVENTION
It is an object of the present invention to provide a child's toy that assists the child in imaginative play and that further allows the child to use his/her entire body in the imaginative play.
It is another object of the present invention to provide a child's toy that is interchangeable as to the child using the toy, especially interchangeable by the child.
It is yet another object of the present invention to provide a child's toy that is interchangeable as to the imaginative aspect of the toy without having to remove an entire shoe, sock or glove.
The novel features that are considered characteristic of the invention are set forth with particularity in the appended claims. The invention itself, however, both as to its structure and its operation together with the additional object and advantages thereof will best be understood from the following description of the preferred embodiment of the present invention when read in conjunction with the accompanying drawings. Unless specifically noted, it is intended that the words and phrases in the specification and claims be given the ordinary and accustomed meaning to those of ordinary skill in the applicable art or arts. If any other meaning is intended, the specification will specifically state that a special meaning is being applied to a word or phrase. Likewise, the use of the words “function” or “means” in the Description of Preferred Embodiments is not intended to indicate a desire to invoke the special provision of 35 U.S.C. § 112, paragraph 6 to define the invention. To the contrary, if the provisions of 35 U.S.C. § 112, paragraph 6, are sought to be invoked to define the invention(s), the claims will specifically state the phrases “means for” or “step for” and a function, without also reciting in such phrases any structure, material, or act in support of the function. Even when the claims recite a “means for” or “step for” performing a function, if they also recite any structure, material or acts in support of that means of step, then the intention is not to invoke the provisions of 35 U.S.C. §112, paragraph 6. Moreover, even if the provisions of 35 U.S.C. §112, paragraph 6, are invoked to define the inventions, it is intended that the inventions not be limited only to the specific structure, material or acts that are described in the preferred embodiments, but in addition, include any and all structures, materials or acts that perform the claimed function, along with any and all known or later-developed equivalent structures, materials or acts for performing the claimed function.
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Garland Kellie F.
Griffin Mary L.
Banks Derris H.
The Halvorson Law Firm
Williams Jamila
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