Amusement devices: toys – Convertible from – or serving as diverse article – Including sounding toy
Reexamination Certificate
1998-10-20
2002-07-23
Rimell, Sam (Department: 2166)
Amusement devices: toys
Convertible from, or serving as diverse article
Including sounding toy
C446S071000
Reexamination Certificate
active
06422908
ABSTRACT:
FIELD OF THE INVENTION
The present invention relates to a method and apparatus for creating a sound or noise, or enhancing an applause, and more particularly to a device capable of creating, generating, projecting or amplifying an audible sound, allowing a person or spectator to expend a minial amount of energy to create noise or applause, while maintaining or increasing an applause sound level.
The applause enhancing device may also include a means for holding a beverage or food, or a beverage or food container. The present invention may also provide an insulating means to keep food or a beverage at a desired temperature. The present invention is also related to goods and packaging the where a mark, message or the like can be easily read from a first orientation or perspective, with a second message being selectively concealed when the goods or container are viewed from the first perspective, yet the second message is viewable when observed from a second orientation or perspective.
BACKGROUND OF THE INVENTION
Spectators in an audience normally express approval of a performance or performer by creating an audible sound known as an applause. An audience can consist of only one spectator, or a large number of viewers. An applause is typically created by striking the hands together to generate an audible sound known as a “handclap”. A handclap is normally created by positioning the fingers of the first hand together where they form a row and are touching each other, and flatly striking the palm of the opposite hand. A handclap is also generated by striking palm to palm or fingers to fingers.
An applause is the most commonly used method to demonstrate appreciation or approval of a performer or performance. Conversely, spectators show disapproval to a performer or performance by booing, and a boo may be voiced as intensely and passionately as an applause. In any event, the audience's reaction to a performer or performance is indicated by a noise or audible sound. Applauding is not limited to hand clapping, but includes vocal sounds like talking or shouting, foot stomping and sounds made by a variety of other noise making actions or devices.
The dynamics involved in projecting a noise from striking two elements together, like the hands, is simple and creates a sharp, audible sound. Sound is a vibration, or series of vibrations, traveling through air or fluid. A sound is normally perceived by a hearing organ as an auditory sensation. Sound is also felt as a vibratory sensation.
While normal clapping produces a satisfactory level of sound, prolonged or repeated clapping can produce swelling and irritation of the hand tissue. The pain created by repeated hand clapping also results in a diminished desire by an audience or spectator to clap or applause.
Temperature also plays a factor in an audience's ability to generate a handclap. When an event is held outside in cold weather, fans and spectators must dress in heavier weight clothes to protect the body from the cold elements. Gloves are normally worn in cold weather and greatly inhibit a spectator's ability to generate an audible applause with their hands. One must either remove their gloves or mittens to generate a loud handclap, or clap with their gloves on, which produces a muffled clap. Spectators then must shout to generate a desired applause.
Spectators also use their voices to applause or boo, and normally raise their voice or shout during an event. Many spectators cup their hands around their mouth to create a megaphone-like configuration to aim the sound in a desired direction. While normal shouting produces a satisfactory level of sound, prolonged or repeated shouting can produce loss of voice and irritation of the throat tissue. The pain created by repeated shouting also results in a diminished desire by an audience or spectator to shout.
Some examples of prior art devices used to create an applause are drums, noise making devices, wind instruments, rattles and megaphones. A simple noise making device is taught by Kerr in U.S. Pat. No. 4,463,517 where a multi-paddled apparatus on a central post is moved back and forth to generate a noise. The use of the Kerr invention does not replicate a normal hand clapping motion. Other paddle-related devices are taught in U.S. Pat. No. D378,384 by Gilbert, and No. D351,627 by Beckwith, but are limited to a paddle and lack a sound chamber or a means to project a voice, and hold a food or beverage product, or a food or beverage container.
A number of attempts have also been made to combine a megaphone and cup together as taught in U.S. Pat. No. 5,501,363 by Muller et al., U.S. Pat. No. 4,125,218 by DeBoer, and U.S. Pat. No. 4,618,066 by Vail where a beverage is placed directly in the inner cavity of the cup. A liquid-tight seal is then needed to properly contain a liquid in the cup, and the separate closing cap must be removed prior to using the cup as a megaphone. The reusable closing cap or caps can be easily misplaced during the course of the event. A certified, food-grade material or plastic must also be used in any apparatus where the food or beverage comes in direct contact with the apparatus.
FIG. 1
shows a prior art container
110
which is used to hold a food or beverage comprising an inner cavity
113
and a base or foot
112
As illustrated, the container is tillable with food or a beverage and is grippable by a hand. Many prior art containers include indicia or advertisements.
FIG. 2
illustrates a cross sectional view of prior art container
110
of
FIG. 1
comprising an inner cavity
113
, a base or foot
112
and a bottom
111
. The prior art container
110
functions well as a container, is stackable, and is usually made as a disposable product at the lowest cost possible. A cold or hot beverage placed in such a container quickly loses its desired temperature.
FIG. 17
shows a cut away view of a prior art insulated container or cup holder
11
having a bottom
12
holding a beverage container or can
10
. A bottle or food container may also be held by the holder I
1
. Many prior art cup holders also may include indicia or advertisements.
FIG. 26
shows a full side view of a prior art container or cupholder
211
having a mark or indicia
219
where the cupholder is holding a beverage container or can
10
having a poptop opening
13
. A bottle or food container may also be held by the holder
211
.
Typical food or beverage containers are produced in very large volumes, are disposable, and may include recycled or recyclable materials.
What is needed is an apparatus and method for enhancing an applause, which also may serve as a beverage or food container, or may hold a food or beverage container and may include, individually or in combination, a means for creating, projecting or amplifying a sound, an insulating means, a holding means, a gripping means, a hinging means, a biasing means, a releasing means, a joining means, an opening means, a limiting means, an identifying mark, indicia, message or advertisement which is viewable from a first perspective, and a “hidden” or concealed mark, indicia, message or advertisement which is viewable from a second perspective, and that solves the aforementioned problems.
What is needed is a method and apparatus for enhancing an applause or boo which is simple to use, creates a desirable sound level and has a low manufacturing cost. Additionally, it may be desirable for an applause enhancing device to include a number of other features, individually or in combination, such as: a container for holding a food or beverage; a holder for holding a food or beverage container; an insulating means; a mark, indicia or advertisement for promoting an event, league, group or team; as well a means for projecting or amplifying a voice or creating a sound. A biasing means may also be included in the applause enhancing apparatus where a means biases the sections toward an open position, or a closed position.
SUMMARY OF THE INVENTION
The foregoing objects have been achieved by the applause enhancing apparatus of the present invention by
Kuracina Thomas C.
Ohnemus Randall E.
Intune Corporation
Rimell Sam
Stetina Brunda Garred & Brucker
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