Method and apparatus for enhancing an applause

Amusement devices: toys – Convertible from – or serving as diverse article – Including sounding toy

Reexamination Certificate

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Details

C215S396000, C220S738000, C220S759000, C294S165000, C446S077000, C446S404000, C446S418000

Reexamination Certificate

active

06506092

ABSTRACT:

STATEMENT RE: FEDERALLY SPONSORED RESEARCH/DEVELOPMENT
(Not Applicable)
BACKGROUND 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 minimal 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, may also include a self-adjusting means to accommodate different size and configuration containers. The applause enhancing device may also include a means to combine two separate colored sections together. 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 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.
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 handclapping, 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 handclapping 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, that 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.
Athletic teams and schools all have designated team colors that usually consist of two colors. The applause enhancing apparatus of the present invention may be integrally manufactured in a plurality of colors to create the team, or school colors. The applause enhancing apparatus of the present invention may also be selectively separated, or broken apart, then assembled combining a two different colors to create the team, or school colors.
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 handclapping motion. Other paddle-related devices are taught in U.S. Pat. No. D378,384 by Gilbert, and U.S. Pat. No. D351,627 by Beckwith, but are limited to a paddle and lack features that could be useful to a spectator at an event, like a sound chamber or a means to project a voice, hold a food or beverage product, or a food or beverage container, or display the team colors.
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
that is used to hold a food or beverage comprising an inner cavity
113
and a base or foot
112
. As illustrated, the container is fillable 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
11
. 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, that 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, a means to combine two separately colored sections together to create a team's colors, an identifying mark, indicia, message or advertisement that is viewable from a first perspective, and a “hidden” or concealed mark, indicia, message or advertisement that is viewable from a second perspective, and that solves the aforementione

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