Method of deterring climbing animals from accessing elevated...

Animal husbandry – Feeding device – Having a perch

Reexamination Certificate

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C119S052300, C119S428000, C119S429000, C047S030000, C052S101000

Reexamination Certificate

active

06378459

ABSTRACT:

BACKGROUND OF THE INVENTION
1. Field of the Invention
There exists a need to guard against animals, such as raccoons or squirrels, that are able to climb wooden, metal, and plastic poles to gain access to bird feeders, nesting boxes and the roots, leaves, flowers and seeds of elevated garden plants. This invention therefore relates to a method and device, which create a barrier to such arboreal animals and thus prevent them from traveling to structures atop poles that are to be protected.
2. Description of the Prior Art
The need to prevent animals from climbing is well known and has been dealt with in an array of fashions. Chester sought to squirrel-proof a pole in his U.S. Pat. No. 4,031,856 by attaching and elongated collar that moves up and down vertically about a pole by means of a counterweight that is provided within the pole. This serves to have the clinging squirrel drop vertically along with the collar by the principle of gravity. While this mechanical system may serve that purpose, it relies on a complicated system of ropes, pulleys, and a sliding counterweight that is vulnerable to snags and wear.
Fisher proposes a conical shaped barrier in his U.S. Pat. No. 4,389,975 that affixes to the underside of a bird feeder. While the barrier may be protective, animals are still able to climb up the pole somewhat. And finally, Danca in his U.S. Pat. No. 5,394,641 demonstrates a system of telescoping casings dangling from suspension chains. This concept relies on a wobbling clanging to achieve its end.
U.S. Pat. No. 4,986,219 of Harris is concerned with providing a generally wide funnel shaped horizontally extending barrier interrupting a squirrel's path up a bird feeder pole.
However, Harris '219 is unsatisfactory since it does not teach a longitudinally extending sleeve having a bird feeder atop at a sufficient height to prevent a squirrel from jumping up from the ground to the level of the bird feeder, nor does Harris disclose a free standing longitudinally extending sleeve having a diameter which prevents a squirrel from grasping the pole with its prehensile paws and pectoralis muscles.
U.S. Pat. No. 5,291,855 of Laverty describes a bird feeder atop a pole, wherein the bottom of the bird feeder has a wide tubular skirt extending around the upper portion of the pole and down from the bottom of the feeder. However Laverty '855 does not teach a free standing hollow, longitudinally extending body extending up from the ground, as in the present invention.
In addition, the skirt of Laverty '855 has a complicated attachment mechanism to suspend it down from the bottom of the bird feeder above. While Laverty '855 states that the skirt is spaced apart from the pole a sufficient distance so that the squirrel cannot reach around the skirt, it does not define the preferable minimal width, which in the present invention is at least four inches in diameter. Therefore, the squirrel deterrent of the present invention can be made with a sleeve of as little as four inches in diameter.
Furthermore, Laverty '855 does not address a minimum height required to prevent a squirrel from avoiding the pole altogether and merely jumping up from the ground to the bird feeder. In contrast, the present invention recites a method of providing a pole sleeve with a minimum height of five feet to prevent the squirrel from leaping up to the level of the bird feeder.
Of the other patents U.S. Pat. No. 5,285,748 of Weldin describe a cylindrical sleeve which is narrow enough for a squirrel to grip, but which are suspended by springs, so that the weight of the squirrel will abruptly bring the sleeve down, thus startling the squirrel away.
Furthermore, U.S. Pat. No. 5,782,041 of Filipescu describes a barbed sleeve that encircles part of a column partially up to the column. However, the Filipescu '041 reference actually does not teach the use of a free standing, non rotatable longitudinally extending sleeve enclosing a bird feeder pole, wherein the pole is made of a pliable, compressible sheet which has a recoil force when gripped by the paws of an animal. Filipescu '041 is concerned with providing a generally wide barbed horizontally extending barrier interrupting a human's climbing path up a column.
However, Filipescu '041 is unsatisfactory with respect to climbing animal deterrence, since it does not teach a free standing, non rotatable longitudinally extending sleeve attached to a bird feeder pole to prevent a squirrel from jumping up from the ground to the level of the bird feeder, nor does Filipescu '041 disclose a free standing, non rotatable longitudinally extending sleeve having a flexible, pliable body which prevents an arboreal animal from firmly grasping the sleeve with its paws, when the flexible sleeve is pressed inward and springs outward upon the exterior of compressive gripping force from an arboreal animal.
U.S. Pat. No. 5,581,935 of Anderson describes a freely rotatable sleeve that is a cattle deterrent. The sleeve is freely rotatable and is not attached to a pole, nor is it freestanding and attached to the ground at its bottom. In fact, in Anderson '935, it is freely rotatable and unattached.
Other cylindrical plant protectors enclosing around a non-elevated plant include U.S. Pat. Nos. 2,062,410 of Garcia, 3,218,759 of Barrons, 5,687,505 of Haufler, and 5,375,368 and 5,692,337, both of Motz, Jr.
Furthermore, U.S. Pat. Nos. 5,195,460 of Loken and 4,765,277 of Bailey describe pole-mounted bird feeders in general.
However, the prior art patents do not describe a method of deterring climbing animals from accessing elevated bird feeders, nesting boxes and plants by elevating the object being protected atop a sleeve of sufficient height and diameter to prevent the prehensile paws and pectoralis muscles of a climbing animal such as a raccoon or a squirrel from maintaining a climbing grip upon the sleeve.
OBJECTS OF THE INVENTION
It is therefore an object of this invention to provide a method and a device, which deter animals such as raccoons or squirrels from climbing a pole and gaining access to a bird nest box or feeder atop the pole.
It is a further object to provide such a device that is of a singular structure of simple esthetic design.
It is yet another object to improve over the disadvantages of the prior art.
SUMMARY OF THE INVENTION
In keeping with these objects and others which may become apparent, the present invention relates to a method of deterring animals such as raccoons or squirrels from climbing up a pole and gaining access to a bird nest box or feeder on top of the pole, by providing a sleeve of sufficient height and diameter to deter climbing.


REFERENCES:
patent: 574998 (1897-01-01), Kent
patent: 3362115 (1968-01-01), Nyhus et al.
patent: 4031856 (1977-06-01), Chester
patent: 4259927 (1981-04-01), Clarke
patent: 4765277 (1988-08-01), Bailey et al.
patent: 5003734 (1991-04-01), Dinsmore
patent: 5291855 (1994-03-01), Laverty
patent: 5295455 (1994-03-01), Johnson
patent: 5347750 (1994-09-01), Mills
patent: 5355835 (1994-10-01), Freed
patent: 5375368 (1994-12-01), Motz, Jr.
patent: 5394641 (1995-03-01), Danca
patent: 5493997 (1996-02-01), Ritchey
patent: 5581935 (1996-12-01), Anderson
patent: 5878537 (1999-03-01), Flischel
patent: 6029607 (2000-02-01), Smigelski
patent: 6125595 (2000-10-01), Showalter
patent: 6138404 (2000-10-01), King et al.
patent: 6260512 (2001-07-01), Newman

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