Signals and indicators – Indicators – By location
Reexamination Certificate
2003-05-06
2004-10-12
Fulton, Christopher W. (Department: 2859)
Signals and indicators
Indicators
By location
C222S402100, C239S150000, C239S722000
Reexamination Certificate
active
06802278
ABSTRACT:
BACKGROUND OF THE INVENTION
(1) Field of the Invention
The present invention relates generally to a device for setting utility markers into the ground, and a unique utility marker, and in particular to a device that can be used to set utility markers without the need for the worker to bend over.
(2) Description of the Prior Art
The location of underground utility supply lines, the term including gas, water, sewer, electrical power, telephone, cables, and other lines or conduits used to provide services to a residence or other building, must be identified prior to excavation in the area where such lines are located. Most municipalities and utility companies provide a free or low cost service to locate these utility lines. Once the lines are located, it is the common practice to mark the location of the lines, so that they will not be accidentally damaged.
Utility lines are commonly marked in two ways. First, markers, also known as flags, are inserted into the ground above the line, with each marker having an above ground signal section, and a below ground post or anchoring section. While most markers are comprised of a flexible wire with a small plastic flag at the top end, other markers have been proposed in the prior art.
The signal section of the marker is of a particular color to designate the type of utility line being marked. For example, orange is used to designate telephone lines, yellow is for gas, blue is for water, red is for electrical lines, etc. In addition, the area is commonly sprayed with a biodegradable paint of the same color.
When marking a utility line, the worker must bend over to insert each marker into the ground, and then bend over again to spray the area with an aerosol can. Since numerous markers are frequently required to mark utility lines, this effort can become laborious, as well as time consuming. In addition, the worker must carry several markers and one or more aerosol cans, with selection of a marker from the holder in which they are carried adding to the length of time required to mark the utility line.
The prior art recognizes this problem and has proposed devices to reduce the physical effort and time required to mark utility lines. For example, U.S. Pat. No. 5,769,279 to Smrt describes a device comprised of an elongated handle with an aerosol can holder at the lower end of the handle to hold a spray can in the inverted position. An operating trigger at the upper end of the handle is in communication with a valve actuator that can be extended to engage an aerosol can valve, thereby releasing spray from the can while the trigger is depressed. As a result, bending over to spray the ground is avoided.
The Smrt device also includes a pointed rod or stake member at the lower end of the handle. The rod is inserted into the ground to make a hole for the marker, which is carried separately by the operator. The operator must then bend over to insert the lower end of the marker into the hole.
A similar device is described in U.S. Pat. No. 5,918,565 to Casas. The Casas device is similar to the Smrt device in that it is comprised of a handle with an aerosol can holder at the lower end of the handle and a trigger at the top, which communicates with a valve actuator. A pointed rod is also provided to make a hole for marker insertion. Essentially the only difference between the Smrt and Casas devices is that Casas also provides a receptacle in the form of a tube at the upper end of the handle for holding a plurality of flags. The operator, after making a hole, removes a flag from the receptacle, and then bends over to insert the flag into the hole.
While the prior art, and in particular the above Smrt and Casas patents, have addressed the need for a device for spraying a utility line area with an aerosol can without the necessity of bending over, there is still a need for a device that will facilitate insertion of utility markers without the need to bend over. There is also a continuing need for a device that can be used to simultaneously insert a marker and spray an adjacent area without the need to bend over, thus materially reducing the labor intensity of the job, as well as substantially reducing the time required to mark an area.
SUMMARY OF THE INVENTION
The present invention addresses this need by providing a utility marker insertion device that can be used to insert a utility marker from a standing position. In addition, the present invention provides for a utility marker insertion device that can be used to simultaneously insert a utility marker and spray the area from an aerosol can while the operator is in a standing position. Further, the invention provides for a utility marker that is uniquely suitable for use with the device of the present invention. It will also be apparent from reading the following description that the setting device of this invention is suitable for inserting markers for other purposes, such as boundary identification.
Generally, the utility marker insertion device is comprised of an elongated handle that has an upper end and a lower end, a marker magazine adjacent the lower end of the handle to hold a plurality of markers, and a marker extractor at the lower end of the handle that is moveable along a marker extractor pathway between a raised position and a lowered or extended position in which the lower end of the marker extractor extends beyond the lower end of the handle, whereby a leading marker from the magazine is removed from the magazine and inserted into the ground when the marker engagement member is moved to its extended position, with the lower end of the handle being against the ground surface.
The marker magazine is comprised of a housing that is releasibly attachable adjacent the lower end of the handle, and is adapted to hold a plurality of markers, the marker adjacent the marker extractor pathway being designated as the leading marker. The housing includes a front wall with a discharge opening, and may include a resilient member to urge markers within the housing toward the discharge opening. The markers, to be described in greater detail hereinafter, may be held in a stacked, back-to-back relationship with the leading marker of the stack being at the discharge opening.
Instead of being separately inserted, the markers may be packaged in a replaceable magazine, preferably made of disposable cardboard or plastic, that is inserted into the housing. When the markers are exhausted, the user simply removes the empty magazine and inserts a new magazine. The housing may include a hinged or otherwise removable cover over an opening for insertion of the magazine.
Alternatively, the markers may be provided as a continuous roll, with the tip of the forward marker projecting transversely into the extractor pathway so that the tip of the extractor engages the tip of the leading marker to pull it from the magazine. Each marker may include an extractor receiver to aid in engagement of the extractor tip with the marker. The marker extractor receiver is selected from the group consisting of tips, projections, depressions and holes.
The marker magazine may entirely enclose the markers, or the upper sections of the markers may at least partially project from the top of the housing. In order to align the markers, one or more guide members may project inwardly from the sides of the housing and into slots or grooves in the edges of the markers. Each of the markers may also include an extractor receiver extending toward the marker extractor, with the extractor receiver of the leading marker extending into the marker extractor pathway, so that the lead marker is caught by the leading edge of the marker extractor when the marker extractor is extended, thereby pulling the marker from the magazine.
The device handle preferably is comprised of a tubular lower handle section with upper and lower ends, and a plunger with upper and lower ends slidable within the lower handle section. The plunger has a raised position in which the upper end of the plunger is above the lower handle section, and a lowered position in which the plunger is
Kreul Edward J.
McDonald James C.
Miller Stephen M.
,MacCord Mason PLLC
Fulton Christopher W.
Reis Travis
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